Legal

Terms of Use

Effective date: July 6, 2026 · Last updated: July 6, 2026

1. Acceptance of terms

By creating an account or using Sparkmas (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the Service.

These Terms constitute a binding agreement between you and Anchored Development Co. ("ADC", "we", "us", or "our"), a sole proprietorship operating in Nova Scotia, Canada.

2. Eligibility

You must be at least 18 years of age (or the age of majority in your province, state, or country) to create an account. By using the Service, you represent that you meet this requirement.

Family members of any age — including children — may use Sparkmas through the account holder's account. The account holder accepts responsibility for all use of the account, including use by family members.

3. Description of the service

Sparkmas is a seasonal Christmas family companion app, active from October through January. The Service includes:

A live countdown ornament ticking down to Christmas
A 24-day advent calendar with daily surprises
Gift Tracker with budgeting tools
Decor AI — upload a photo of your home and receive AI-generated decoration suggestions
Elf on the Shelf — a daily AI-generated placement idea log
Christmas trivia, community polls, holiday recipes, and movie picks
Santa tracker (live December 24) and Christmas light route map

Features may be added, modified, or removed at any time. We will endeavour to provide reasonable notice of material changes.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials.
You may not share your account credentials with people outside your household, resell the Service, or use it for commercial purposes without our written consent.
You are responsible for all activity that occurs under your account.
Notify us immediately at [email protected] if you suspect unauthorised use of your account.

5. Subscription and billing

Price: $9.99 CAD per season, per account.

Billing cycle: Sparkmas is billed annually, with each season's charge processed each October. Your subscription covers the full October–January season.

Auto-renewal: Your subscription will automatically renew each October at the then-current price unless you cancel before the renewal date. You will receive a reminder before your subscription renews.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. If you cancel before your renewal date, you will retain access for the remainder of the current season. Cancellation takes effect at the end of the paid season.

Refunds: We offer a full refund within 7 days of your initial purchase or annual renewal if you are not satisfied. After 7 days, no refund is issued for the current season. To request a refund, contact [email protected].

Merchant of Record: All billing, payment processing, and associated taxes are handled by Freemius Inc. on our behalf. Freemius is the Merchant of Record for all Sparkmas transactions and may display their name on your credit card or bank statement. By subscribing, you also agree to Freemius's terms of service. Sparkmas never sees your credit card number or payment credentials.

6. Acceptable use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable law.
Upload images to Decor AI that contain illegal content, nudity, violence, or content that infringes the intellectual property rights of any third party.
Attempt to circumvent, abuse, or excessively use AI features in a manner designed to generate outputs for commercial resale or to overload the service.
Attempt to gain unauthorised access to any part of the Service or its underlying infrastructure.
Scrape, crawl, or systematically extract data from the Service without our written permission.
Interfere with the integrity or performance of the Service.

7. User-generated content

You retain ownership of any content you create within the Service — including gift lists, personal notes, and photos you upload.

By using the Service, you grant ADC a non-exclusive, worldwide, royalty-free licence to store, display, and process your content solely for the purpose of providing the Service to you. We do not use your content for advertising, marketing, or AI model training.

When you use Decor AI or Elf on the Shelf features, your photos and prompts are transmitted to Anthropic (Claude API) and/or OpenAI (Images API) to generate results. Please review their respective privacy policies. We do not permit our AI providers to use your content for training under our API agreements.

8. Intellectual property

The Sparkmas name, logo, design, code, and all content we create (excluding your user-generated content) are the property of Anchored Development Co. and are protected by Canadian and international intellectual property laws. You may not reproduce, distribute, or create derivative works from Sparkmas content without our written permission.

9. AI-generated content disclaimer

Elf on the Shelf ideas and Decor AI suggestions are generated by artificial intelligence and are provided for entertainment and informational purposes only. AI-generated content may be inaccurate, incomplete, or unsuitable for your specific situation.

Sparkmas is not liable for any outcomes arising from DIY decoration projects, Elf placement ideas, or any other action taken based on AI-generated suggestions. Always use your own judgement and, where relevant, consult a qualified professional. Decoration projects involving ladders, electrical work, or structural modifications carry inherent risks — please prioritise safety.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE OUTSIDE THE OCTOBER–JANUARY SEASON.

Sparkmas is a seasonal app. Some features (such as the Santa tracker and Advent calendar) are only active during specific dates. Access outside the active season is provided as-is with no guarantee of availability.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for all claims arising from these Terms or the Service shall not exceed the greater of $15 CAD or the amount you paid us in the 12 months preceding the claim.

12. Termination

Either party may terminate these Terms at any time. You may close your account by contacting us at [email protected]. We may suspend or terminate your account if you materially breach these Terms.

Upon termination, your right to use the Service ceases immediately. We will handle your data as described in our Privacy Policy.

13. Governing law and disputes

These Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Nova Scotia, Canada.

14. Changes to these terms

We may modify these Terms at any time. We will notify you of material changes by email or in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us:

Anchored Development Co.
Email: [email protected]
Location: Bedford, Nova Scotia, Canada