Terms of Service

1. Who these Terms apply to

• Customer means an organization that buys or requests team access
• User means anyone who uses the Service, including a person invited through a Customer's access code

By using the Service or ordering team access, you agree to these Terms, our Privacy Policy, and any written order confirmation that applies to your purchase. If you order for an organization, you confirm that you have authority to bind it.

You must be at least 18 years old to use the Service. A Customer must invite only people who are at least 18.

The Service is currently offered to organizations based in the United States.

SparklingTreat may provide free, time-limited evaluation codes, for example to workplace advisors. These Terms apply to evaluation codes, except that no fees are charged.

2. The Service

SparklingTreat is a workday reset assistant. It offers reminders, movement demonstrations, eye and breathing guidance, short mental resets, and related content.

SparklingTreat cannot recognize every meeting, task, or busy moment. A prompt may arrive at an inconvenient time or may not appear when expected. Each User is responsible for deciding whether, when, and how to take a reset.

3. Health and safety

SparklingTreat provides general wellness content. It is not medical advice, diagnosis, treatment, physical therapy, or a substitute for care from a qualified professional.

Only perform activities appropriate for your health, abilities, clothing, surroundings, and available space. Stop immediately if you experience pain, dizziness, shortness of breath, instability, or unusual discomfort. Consult a qualified clinician before using SparklingTreat if you have an injury or medical condition, are pregnant, have balance concerns, or are unsure whether an activity is appropriate. In an emergency, contact local emergency services.

SparklingTreat does not guarantee any health, wellness, comfort, productivity, or workplace outcome.

4. Access codes and enrollment

• An access code is for one person at a time. A User must not share, sell, or publish it
• A User enrolls by entering an access code, accepting the applicable terms and disclosures, and separately choosing whether to share optional usage data
• A Customer may distribute codes only up to the number included in its access period or plan
• To reassign a place, the Customer must request a new code. The previous code is disabled, and data recorded under the earlier code remains associated with that earlier code
• SparklingTreat may disable a code used contrary to these Terms or after the related access ends

5. Customer responsibilities

A Customer agrees to:

1. Set its own policies, within limits. SparklingTreat does not require or enforce participation. The Customer decides how to introduce and manage SparklingTreat under its own workplace policies and is responsible for those policies. However, the Customer must not require anyone to opt in to optional usage data sharing, provide a wellness response, or disclose individual SparklingTreat activity. Each User can always put off, skip, or pause resets.
2. Use team information appropriately. It must not use SparklingTreat or its reports to evaluate, discipline, reward, rank, or make an employment decision about an individual.
3. Not attempt reidentification. It must not try to identify an employee from aggregate statistics.
4. Distribute codes securely. Codes may be provided only to invited people and must not be published or shared beyond the intended recipient.
5. Permit installation. The Customer is responsible for confirming that Microsoft Store installation is allowed on invited computers.
6. Meet its own obligations. The Customer is responsible for notices, policies, approvals, and other duties it owes to employees, contractors, or device users.

6. Fees and billing

Introductory period

Every eligible team of up to 100 invited people begins with 30 days of access for $49. The introductory period does not become a subscription automatically.

For organizations inviting more than 100 people, pricing, the introductory period, and rollout are agreed in writing, and that written agreement applies alongside these Terms.

Around day 25, SparklingTreat asks whether the Customer wants to continue. If the Customer does not select a monthly plan, access ends after day 30.

Monthly plans

Monthly plans are priced according to the maximum number of people the Customer can invite, at the prices displayed at sparklingtreat.com when the plan is selected.

When a Customer selects a plan, it authorizes Stripe to charge the plan price in advance each month. The plan renews monthly until cancelled.

Taxes

Displayed prices do not include applicable taxes unless stated otherwise. Applicable taxes may be added to a charge.

Plan changes

A plan change takes effect on the next billing date. If a Customer requests additional access codes before then, SparklingTreat may issue them and apply the larger plan beginning on the next billing date.

Price changes

SparklingTreat will give an existing paying Customer at least 30 days' notice by email before a price change. The new price takes effect on the first billing date after the notice period.

Failed payments

If a payment fails, SparklingTreat will notify the Customer using the billing email address. If the amount remains unpaid for 14 days, SparklingTreat may suspend access until payment is received.

7. Cancellation and no refunds

Cancelling

A Customer may cancel at any time by emailing hello@sparklingtreat.com. Cancellation takes effect at the end of the current paid period. Access codes continue to work until that date, and no additional recurring charges are made.

No refunds

All payments, including the $49 introductory charge, are non-refundable. Partial months and unused access codes are not prorated, refunded, or credited.

If SparklingTreat charges a Customer in error, SparklingTreat will correct the charge. Nothing in these Terms limits any refund right that applicable law provides.

8. License and acceptable use

Subject to these Terms, SparklingTreat grants each User a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. For a Customer's Users, the license lasts while the Customer's access remains active.

Except where applicable law expressly permits the activity despite these restrictions, a User or Customer must not:

• Copy, record, reproduce, redistribute, sell, sublicense, or publicly display the Service or its content
• Scrape, reverse engineer, or attempt to discover source code
• Bypass access, payment, or security controls
• Interfere with the Service or introduce malicious code
• Use the Service unlawfully or to violate another person's rights
• Use SparklingTreat content to build or train a competing product

The Service and its software, videos, audio, designs, text, trademarks, and other content belong to SparklingTreat or its licensors. No rights are transferred except the limited license above.

9. Feedback

If you provide suggestions or feedback, you grant SparklingTreat a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or payment. Personal information contained in feedback remains subject to the Privacy Policy.

10. Preview features

SparklingTreat may occasionally offer features clearly identified as preview or evaluation features. They may be incomplete, may change, or may be withdrawn. Paid plans as a whole are not preview services.

11. Third-party services

The app is distributed through the Microsoft Store, payments are processed through Stripe, and parts of the Service use Microsoft and other service providers. Third-party services are governed by their own terms and privacy policies. SparklingTreat is not responsible for a third party's independent services or practices.

12. Changes to the Service

SparklingTreat may add, update, replace, or remove features as the Service develops.

SparklingTreat will give paying Customers at least 30 days' notice by email before discontinuing the Service.

13. Violations, suspension, and termination

If a Customer or User violates these Terms, SparklingTreat reserves all rights and remedies available under these Terms and applicable law.

SparklingTreat may suspend or terminate access if a Customer or User materially breaches these Terms, creates a security risk, fails to pay an amount due, or uses the Service unlawfully. Where practical, SparklingTreat will provide notice and a reasonable opportunity to correct the issue first.

A User may stop using the Service and uninstall the app at any time. A Customer may cancel as described in Section 7.

Sections that by their nature should survive termination will survive, including ownership, feedback rights, disclaimers, limitations of liability, and dispute provisions.

14. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, or uninterrupted or error-free operation.

Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law, SparklingTreat and its officers, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business interruption arising from or related to the Service.

To the fullest extent permitted by law, SparklingTreat's total liability for all claims arising from or related to the Service will not exceed the greater of the amount paid to SparklingTreat for the Service during the 12 months before the claim or US $100.

Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

16. Governing law and disputes

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles. Disputes arising from these Terms or the Service will be brought in the state or federal courts located in Washington, and the parties consent to jurisdiction and venue there.

Nothing in these Terms prevents either party from seeking injunctive or equitable relief.

17. General

• These Terms, the Privacy Policy, and any applicable written order confirmation form the entire agreement concerning the Service
• If a provision is unenforceable, the remaining provisions remain in effect
• Failure to enforce a provision is not a waiver
• A Customer or User may not transfer these Terms without SparklingTreat's consent. SparklingTreat may transfer them in connection with a merger, acquisition, financing, reorganization, or sale of assets
• SparklingTreat may send notices to a Customer using the email address provided for access or billing

18. Changes to these Terms

SparklingTreat may update these Terms by posting a revised version and changing the effective date.

For a material change affecting paid plans, SparklingTreat will give Customers at least 30 days' notice by email before the change takes effect. A Customer that does not agree may cancel before the effective date.

19. Contact us

SparklingTreat LLC
hello@sparklingtreat.com