Terms of Service

Last updated: April 9, 2026

1. Agreement to Terms

By accessing or using SellerSpark.ai ("SellerSpark," "Service," "we," "us," or "our"), operated by Open Mind Marketing, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By creating an account or using any part of the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

2. Description of Service

SellerSpark is an AI-powered SaaS platform that provides tools to help online sellers on platforms including Etsy, Amazon, and Shopify. Our tools include but are not limited to:

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Accounts and Registration

3.1 Account Creation

To use most features of SellerSpark, you must create an account by providing a valid email address and password. You agree to provide accurate, complete, and current information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms, engage in fraudulent activity, or misuse the Service.

4. Subscriptions and Payment

4.1 Plans

SellerSpark offers the following subscription plans:

Plan features, limits, and pricing are subject to change with 30 days notice to existing subscribers.

4.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis. By providing payment information, you authorize us to charge your payment method for the applicable subscription fee.

All payments are processed securely by Stripe. We do not store your full payment card information on our servers.

4.3 Credits

Certain features require "credits" which are consumed upon use. Credits included in your monthly plan reset on your billing date and do not carry over. Purchased credit packs do not expire.

4.4 Refunds

We offer a 7-day money-back guarantee for new paid subscribers. After 7 days, subscription fees are non-refundable except where required by applicable law. Credit pack purchases are non-refundable once credits have been used.

4.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting hello@sellerspark.ai. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of the period for which you have paid.

4.6 Price Changes

We reserve the right to change subscription prices. We will provide at least 30 days notice of any price changes to existing subscribers via email. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Acceptable Use Policy

5.1 Permitted Use

You may use SellerSpark only for lawful purposes and in accordance with these Terms. You agree to use the Service to:

5.2 Prohibited Use

You agree NOT to use the Service to:

5.3 Platform Compliance

When using SellerSpark to create content for third-party platforms, you are solely responsible for ensuring that content complies with those platforms' terms of service, policies, and guidelines. SellerSpark is not responsible for any consequences resulting from violations of third-party platform policies.

6. AI-Generated Content

6.1 Ownership

Subject to these Terms and your continued subscription, you own the content you create using SellerSpark's tools, including AI-generated product designs, listing copy, and marketing materials.

6.2 License to Us

By using the Service, you grant SellerSpark a limited, non-exclusive license to process, store, and display your content solely for the purpose of providing the Service to you.

6.3 AI Limitations

AI-generated content may occasionally produce inaccurate, incomplete, or unexpected results. You are responsible for reviewing all AI-generated content before publishing or using it commercially. SellerSpark makes no warranty regarding the accuracy, quality, or fitness of AI-generated content for any particular purpose.

6.4 No Training on Your Data

We do not use your content, prompts, or generated outputs to train our AI models or those of our AI providers without your explicit consent.

6.5 Intellectual Property Responsibility

While we strive to generate original content, AI systems may occasionally produce content that resembles existing works. You are solely responsible for reviewing generated content for potential intellectual property issues before commercial use. SellerSpark is not liable for any intellectual property claims arising from your use of AI-generated content.

7. Third-Party Integrations

7.1 Connected Platforms

SellerSpark integrates with third-party platforms including Etsy, Printify, and Printful. These integrations are provided as a convenience and are subject to the availability and terms of those platforms.

7.2 No Endorsement

We do not endorse, warrant, or take responsibility for any third-party platforms, services, or content. Your use of third-party platforms is governed by their respective terms of service.

7.3 API Keys and Access Tokens

You are responsible for the security of any API keys or access tokens you store in your SellerSpark account. Do not share these credentials with others. We store them encrypted but cannot guarantee absolute security.

7.4 Platform Changes

Third-party platforms may change their APIs, terms, or features at any time. SellerSpark is not responsible for interruptions to integrations caused by changes made by third-party platforms.

8. Intellectual Property

8.1 Our Intellectual Property

The SellerSpark platform, including its software, design, branding, logos, and original content, is owned by Open Mind Marketing and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our platform without written permission.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you.

8.3 Aria AI Design Assistant

The "Aria" AI design assistant and associated prompting methodologies are proprietary to SellerSpark. You may not attempt to replicate, reverse engineer, or commercialize these systems.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimers and Warranties

10.1 As-Is Service

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 No Guarantee of Results

We do not guarantee that using SellerSpark will result in increased sales, revenue, or business success. Results depend on many factors outside our control including your product quality, market conditions, and your implementation of our tools.

10.3 Uptime

We strive for high availability but do not guarantee uninterrupted access to the Service. We are not liable for downtime, data loss, or service interruptions.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Open Mind Marketing and SellerSpark shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the Service.

Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid to us in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Open Mind Marketing, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at hello@sellerspark.ai and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

13.3 Jurisdiction

Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Riverside County, California. You consent to the personal jurisdiction of those courts.

13.4 Waiver of Class Action

To the extent permitted by law, you waive your right to participate in class action lawsuits or class-wide arbitration against Open Mind Marketing.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Open Mind Marketing regarding the Service and supersede all prior agreements.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

14.4 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

14.5 Changes to Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by email or by displaying a notice on the platform. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

15. Contact Information

For questions about these Terms of Service, please contact:

Open Mind Marketing / SellerSpark

These Terms of Service were last reviewed and updated on April 9, 2026. Open Mind Marketing — Riverside, California.