Legal
Terms of Service
1. Agreement
These Terms of Service (“Terms”) are an agreement between you and SparkBright (“SparkBright”, “we”, “us”), which operates My Next Act at mynextact.app as a project of SparkBright (sparkbright.io). They cover the website, the app and every related feature (together, the “Service”). By requesting an invitation, creating an account or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.
2. Eligibility and accounts
- You must be at least 18 years old and able to form a binding contract.
- During the alpha, accounts are by invitation only. Invitations are personal and may not be transferred or sold.
- Give accurate account information and keep it current.
- Keep your password confidential. You are responsible for activity under your account; tell us promptly at [email protected] if you suspect unauthorized use.
- One person per account. Accounts are for your own career, not for operating a service for others.
3. Alpha access is free
During the invitation-only alpha, the Service is provided free of charge. No payment card is required. Because it is an early version:
- features may change, be added or be removed, and the Service may be unavailable at times;
- fair-use limits apply, such as daily limits on AI tasks, to keep the Service available for everyone;
- you should keep your own copies of anything important. You can export your data at any time.
4. Future paid membership
We expect to introduce a paid membership in the future. If we do:
- 60 days’ notice. Alpha members will receive notice by email at least 60 days before their existing free alpha access expires. The notice will state the price, what membership includes and the date alpha access ends.
- Your choice. You may convert to a paid membership during the notice period. If you do not convert, your free access ends on the stated date and you will not be charged. You will still be able to export your data and delete your account.
- No surprise charges. We will never charge you without your affirmative agreement to a paid plan and its price.
- Paid terms. Payments will be processed by Stripe. Pricing, billing period, renewal, cancellation and any refund terms will be shown to you before you subscribe and will form part of these Terms. You will be able to cancel at any time, effective at the end of the current billing period.
5. Your content
“Your content” is what you put into the Service, such as conversations, your résumé, notes, career briefs, application materials, contacts, documents you add, the text of emails from senders you choose to scan, and the drafts the Service produces for you. It may be in any language the Service supports; the Service’s own interface is in English only. As between you and us, you own your content.
You give SparkBright a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process and display your content only as needed to provide, secure and improve the Service for you, and as described in our Privacy Policy. This license ends when your content is deleted, except for residual backup copies kept for the limited period described in the Privacy Policy.
You are responsible for your content. You confirm that you have the right to provide it, including the right to have it processed by our AI service provider as described in the Privacy Policy (for example, you should not add a sender whose emails you are not allowed to share with a service provider), and that anything you submit to an employer or anyone else is truthful and accurate.
6. AI-generated drafts and research
The Service uses artificial intelligence to hold conversations, research companies, suggest roles and draft résumés, letters and messages. AI output can be incomplete, out of date or wrong, and may sometimes resemble content produced for others. Accuracy and quality can vary by language, and extraction of postings from emails can miss or misread listings, so check each posting against the original before you rely on it. Content you provide is sent to our AI provider as described in the Privacy Policy.
- Review and edit every draft before you use it. Nothing is sent automatically; you decide what to send or submit.
- The Service does not provide legal, financial, tax, immigration or professional career-counseling advice.
- We do not guarantee interviews, offers, employment or any outcome.
- Job postings come from third parties. We do not verify them and are not responsible for them or for employers’ decisions.
7. Connected and third-party services
You may choose to connect Gmail, Outlook or another mailbox, or import postings from public job boards. Your use of those services is governed by their own terms, and we are not responsible for them. Mailbox access is used only to read job alert emails from the senders you choose (LinkedIn by default) as described in our Privacy Policy; you can disconnect a mailbox at any time. If you connect a mailbox with an app password, you confirm that you are authorized to access that mailbox. Links to other sites are provided for convenience, not endorsement.
8. Acceptable use
You agree not to:
- break any law, or infringe or violate anyone’s rights, including privacy and intellectual-property rights;
- use the Service to create false or misleading applications, credentials or identities, or to impersonate anyone;
- harass, spam or send unsolicited bulk messages using material from the Service;
- upload malware, or probe, scan, overload or interfere with the Service or its security;
- access the Service by automated means, scrape it, or get around rate limits or access controls;
- reverse engineer the Service except as the law permits, or use it to build a competing product;
- resell, sublicense or share access to the Service, or let others use your account.
9. Reviews you write
If you choose to write and submit a review or testimonial of My Next Act, you give SparkBright a non-exclusive, royalty-free permission to publish it, with the name you include in it, on our websites and in our materials and promotion. We use only what is in your review and the name you left with it; we do not add other personal information. We may correct obvious typos or shorten it without changing its meaning. You may withdraw this permission at any time by emailing [email protected], and we will stop using it in materials we control.
10. Privacy
Our Privacy Policy explains what we collect and how we use and protect it. In short: we store the data you provide to use the Service, may use aggregated, de-identified demographic information for research and promotional development, never sell your data, and release it only under a valid U.S. court order or a valid legal order from your country of origin.
11. Our service and feedback
The Service, including its software, design, text, logos and the My Next Act name, belongs to SparkBright and its licensors and is protected by law. These Terms give you a personal, revocable, non-transferable right to use the Service as intended; they do not transfer any ownership. If you send us ideas or feedback, we may use them without obligation to you.
12. Ending your use
- You may stop using the Service and delete your account at any time from Sources & settings.
- We may suspend or close your account if you breach these Terms, if required by law, or to protect the Service or others. Where reasonable, we will tell you why and give you a chance to export your data.
- We may end the alpha or discontinue the Service. If we discontinue it, we will give you reasonable advance notice and an opportunity to export your data.
- Sections 5 (license ends as stated), 9, 11 and 13 through 19 survive the end of these Terms.
13. Disclaimers
The Service is provided “as is” and “as available”, especially during the alpha. To the fullest extent permitted by law, SparkBright disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranty that the Service will be uninterrupted, secure or error-free, or that any content, research or draft is accurate or complete.
Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.
14. Limitation of liability
To the fullest extent permitted by law: (a) SparkBright will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost wages, lost employment opportunities, lost data or loss of goodwill, arising out of or relating to these Terms or the Service, even if advised of their possibility; and (b) SparkBright’s total liability for all claims arising out of or relating to these Terms or the Service, in any form of action, is limited to one hundred U.S. dollars (US$100).
These limits apply to SparkBright and its owners, operators, employees and contractors. They do not limit liability that cannot be limited by law, such as for fraud, gross negligence or willful misconduct where the law does not allow it.
15. Indemnity
To the extent permitted by law, you will defend and indemnify SparkBright against third-party claims, and related losses and reasonable costs, arising from your content, your misuse of the Service or your breach of these Terms.
16. Disputes and arbitration
Please read this section carefully. It requires you and SparkBright to resolve disputes by individual binding arbitration, and waives the right to a jury trial and to bring or join a class action.
- Talk to us first. Before starting arbitration, the party with a claim must send a written notice describing it and the relief sought (to us at [email protected]; to you at your account email). Both parties will try in good faith to resolve it informally for 30 days.
- Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms, the Service or your relationship with SparkBright, including questions of arbitrability, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs this section.
- Where and how. The arbitration may be conducted by video, by phone or on written submissions; any in-person hearing will take place in the county where you live, unless both parties agree otherwise. Fees are allocated under the AAA consumer fee schedule. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction.
- Individual claims only. Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or award relief to anyone other than the individual party. If this paragraph is found unenforceable for a particular claim, that claim (and only that claim) will be decided by a court after any arbitrable claims are resolved.
- Jury waiver. You and SparkBright each waive any right to a trial by jury or to have a dispute decided by a judge, except as stated in this section.
- Small claims. Either party may instead bring an individual claim in a small-claims court with jurisdiction, as permitted by the AAA Consumer Arbitration Rules.
- Time limit. To the extent permitted by law, any claim must be brought within one year after it arises.
17. Governing law
These Terms are governed by the Federal Arbitration Act, other applicable U.S. federal law, and the laws of the State of Washington, without regard to conflict-of-law rules. If you live outside the United States, you also keep any protections that the mandatory consumer laws of your country give you.
18. Changes to these terms
We may update these Terms. We will post the new version here with a new date and, for material changes, notify you by email or in the app at least 30 days before they take effect. Changes do not apply to disputes already notified. If you continue to use the Service after a change takes effect, you accept the updated Terms; if you do not agree, you may stop using the Service and delete your account.
19. General
- These Terms and the Privacy Policy are the entire agreement between you and SparkBright about the Service.
- If any part is found unenforceable, the rest remains in effect, except as stated in section 16.
- Not enforcing a right is not a waiver of it.
- You may not transfer these Terms without our consent.
- Neither party is liable for delays caused by events beyond its reasonable control.
- We may send notices to your account email; you may send notices to [email protected].
20. Contact
SparkBright, operator of My Next Act
Email: [email protected]
Web: sparkbright.io