Terms of Use

Effective October 18, 2026

These Terms of Use ("Terms") are an agreement between you and GBY Media LLC ("we", "us", or "our") and govern your use of the Spark Habit Tracker mobile app (the "App") and sparkhabitstracker.com (together, "Spark"). By creating an account or using Spark, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use Spark.

1. Eligibility

You must be at least 18 years old (or the age of majority where you live) to create an account. Spark is designed for parents and caregivers to track habits for children in their care. Children may look at the App's kid-facing screens with a grown-up, but may not create or manage an account.

2. Your account

You're responsible for your account and for activity under it, including activity by grown-ups you invite to your family. Keep your sign-in methods secure and tell us promptly if you believe your account has been accessed without permission. Only add information about children you are a parent, legal guardian, or authorized caregiver of.

3. Family sharing

With Spark Plus, you can invite other grown-ups to your family using an invite code. Everyone in a family can see and change the family's children, habits, check-offs, rewards, and photos. Only share invite codes with people you trust. The family owner can remove members. If the owner deletes their account, ownership passes to another member and the family's data stays with the remaining members.

4. Spark Plus subscriptions

Spark's core features are free. Spark Plus is an optional subscription that unlocks additional features, such as unlimited children and habits, family sharing, full progress history, unlimited reward goals, per-child reminder times, photo habit icons, and printable charts. Features may change over time.

• Plans and price. Spark Plus is offered as a monthly subscription ($4.99 USD per month) or an annual subscription ($39.99 USD per year). Prices may vary by country and are shown in the App before you buy.
• Free trial. Eligible new subscribers to the annual plan get a 7-day free trial. Unless you cancel at least 24 hours before the trial ends, you'll be charged for the annual plan when the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Payment. Payment is charged to your Apple ID account when you confirm the purchase (or when the free trial ends).
• Automatic renewal. Your subscription renews automatically for the same period and price unless you cancel at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours before the end of the current period.
• Cancelling. You can manage or cancel your subscription in your App Store account settings (Settings → your name → Subscriptions). Deleting the App or your Spark account does not cancel your subscription. After you cancel, Plus stays active until the end of the period you've paid for.
• Refunds. Purchases are processed by Apple, and refunds are handled by Apple under its policies. You can request one at reportaproblem.apple.com.
• Household. A Spark Plus subscription unlocks Plus features for every grown-up in the subscriber's family in the App. If the subscriber leaves the family or the subscription ends, Plus features end for the family. Data you created with Plus stays in your account, but some of it may be hidden or read-only on the free plan.
• Price changes. If we change the price of Spark Plus, Apple will notify you in advance as required, and you can cancel before the new price applies.

5. Your content

"Your content" is what you add to Spark, such as children's names, habits, reward goals, and photos. You own your content. You give us a limited license to store, process, and display your content only as needed to provide Spark to you and the members of your family. You're responsible for your content and confirm that you have the right to upload it. Don't upload photos you don't have permission to use.

6. Acceptable use

You agree not to:

• use Spark for anything illegal, harmful, or abusive, or to upload content that is unlawful or exploits anyone, especially children;
• try to access other families' data or our systems without permission, or interfere with Spark's security or operation;
• reverse engineer, copy, resell, or create derivative works of the App, except as allowed by law; or
• use bots or automated means to access Spark, or misuse invite codes.

7. Not professional advice

Spark is a tool to help families build routines. Habit suggestions, streaks, stars, and rewards are for encouragement only. Spark does not provide medical, developmental, psychological, or parenting advice, and is not a substitute for advice from a qualified professional. Use your own judgment about what's right for your child.

8. Our intellectual property

Spark, including its design, software, icons, text, and the Spark name and logo, is owned by GBY Media LLC and protected by law. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. If you send us feedback or ideas, we may use them without obligation to you.

9. Changes and availability

We may add, change, or remove features, and we may suspend or stop Spark, in whole or in part. If we stop offering Spark entirely, we'll give reasonable notice where possible so you can stop your subscription. Spark needs an internet connection to sync, and may occasionally be unavailable for maintenance or reasons outside our control.

10. Ending your use

You can stop using Spark at any time and delete your account in the App (Family → Delete account). We may suspend or close your account if you seriously or repeatedly break these Terms, or if required by law. Sections that by their nature should survive termination (such as 5, 7, 8, and 11–14) will survive.

11. Disclaimers

Spark is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't guarantee that Spark will be uninterrupted, error-free, or that data will never be lost.

12. Limitation of liability

To the fullest extent permitted by law, GBY Media LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from or related to your use of Spark. Our total liability for any claim relating to Spark is limited to the greater of the amount you paid for Spark Plus in the 12 months before the claim, or $50 USD.

Some places don't allow certain disclaimers or limits on liability, so some of the above may not apply to you. Nothing in these Terms limits rights you have under consumer protection laws that can't be waived.

13. Indemnity

To the extent permitted by law, you agree to indemnify GBY Media LLC against claims arising from your content or your breach of these Terms.

14. Governing law and disputes

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-law rules, except where the law of your place of residence requires otherwise. Before filing a claim, please contact us so we can try to resolve the problem informally. Any dispute that can't be resolved informally will be brought in the state or federal courts located in the State of Texas, unless the law of your country of residence gives you the right to bring a claim in your local courts.

15. Apple App Store terms

If you downloaded the App from the Apple App Store, you and we acknowledge that:

• These Terms are between you and GBY Media LLC only, not Apple. We, not Apple, are solely responsible for the App and its content.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection or privacy claims.
• If a third party claims the App infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling, and discharging that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (such as your wireless data agreement) when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple has the right to enforce these Terms against you as a third-party beneficiary.

16. Changes to these Terms

We may update these Terms from time to time. We'll post the new version here and update the effective date. If changes are significant, we'll notify you in the App or by email before they take effect. If you keep using Spark after changes take effect, you accept the updated Terms.

17. General

These Terms and our Privacy Policy are the entire agreement between you and us about Spark. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition, or sale of assets.

18. Who we are