Terms of Service

1. Definitions

"Account"

The user account created to access and use the Service.

"Account Owner"

The User who created an Account and has administrative control over that Account.

"Automated Processing"

The automatic classification, routing, and management of emails and calendar events performed by the Service.

"Company," "We," "Us," or "Our"

SparkEros, Inc., a Texas S Corporation, located at [BUSINESS ADDRESS].

"Microsoft Services"

Microsoft 365, Outlook.com, Exchange Online, Microsoft Graph API, and related Microsoft products.

"OAuth"

The Open Authorization protocol used to grant the Service access to your Microsoft account.

"Personal Data"

Any information relating to an identified or identifiable natural person.

"Service"

The VEPATime email automation and calendar management service.

"User," "You," or "Your"

Any individual or entity that accesses or uses the Service.

"User Data"

All data processed by the Service on behalf of the User, including email metadata, calendar information, and preferences.

2. Acceptance and Modification of Terms

2.1 Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

Your acceptance occurs when you:

• Create an Account or complete OAuth authorization
• Access or use any part of the Service
• Click "I Agree," "Accept," or similar acceptance mechanism

If accepting on behalf of an organization, you represent that you have authority to bind that organization.

2.2 Modifications to Terms

We may modify these Terms at any time. For material changes:

• We will provide at least 30 days' advance notice via email
• We will update the "Last Updated" date
• Continued use after the effective date constitutes acceptance

3. Description of Service

3.1 Service Overview

VEPATime is an automated email management and calendar integration service for Microsoft 365 and Outlook.com users.

3.2 Core Functionality

Email Processing:

• Classification of calendar event emails (accepted, declined, tentative, canceled, requests)
• Automatic routing to user-configured folders (Archive, Review, Priority)
• Processing of meeting responses and calendar notifications

Calendar Management:

• Detection of scheduling conflicts across calendars
• Analysis of recurring event patterns
• Calendar event updates based on email responses

Automation:

• Continuous mailbox monitoring (every 60-120 seconds)
• Automatic application of user-defined routing rules
• Background processing using OAuth refresh tokens

3.3 What the Service Does NOT Do

4. User Accounts and Security

4.1 Account Requirements

To use the Service, you must:

• Be at least 18 years of age
• Have a valid Microsoft 365, Outlook.com, or Exchange Online account
• Provide accurate information during registration
• Complete OAuth authorization

4.2 Your Responsibilities

• Maintain confidentiality of Microsoft account credentials
• Report unauthorized access immediately
• Keep contact information current
• Create required Outlook folders (VEPATime Archive, Review, Priority)

4.3 OAuth Authorization

By authorizing the Service via OAuth 2.0, you grant permission to access your mailbox and calendar. Your refresh token is stored encrypted (AES-256) in Azure Key Vault. You can revoke authorization at any time through Microsoft account settings.

4.4 Account Deletion

You may delete your Account by:

• Revoking OAuth permissions in Microsoft account settings
• Contacting us at kent@sparkeros.com

5. Acceptable Use Policy

5.1 Permitted Use

Use the Service only for legitimate calendar email management and productivity purposes that comply with applicable laws.

5.2 Prohibited Activities

You agree NOT to:

System Abuse:

• Reverse-engineer, decompile, or disassemble the Service
• Circumvent security features
• Attempt unauthorized access to systems or accounts
• Introduce viruses or malware

Service Misuse:

• Use for mass mailing, spam, or unsolicited communications
• Harass, threaten, or defame others
• Use for illegal purposes
• Resell or commercially exploit without authorization

Fraud:

• Create fake accounts or provide false information
• Use fraudulent payment information
• Impersonate others

6. User-Generated Content and Data Rights

6.1 Your Data Ownership

You retain all ownership rights to your User Data. We do not claim ownership of your emails, calendar events, or configurations.

6.2 License Grant

By using the Service, you grant us a limited license to:

• Access and process your User Data to provide the Service
• Use aggregated, anonymized data to improve the Service
• Create backups for disaster recovery

6.3 DMCA / Copyright

If you believe content infringes your copyright, send a DMCA notice to:

7. Privacy and Data Protection

7.1 Privacy Policy

Our data practices are governed by our Privacy Policy. By using the Service, you consent to the practices described therein.

7.2 Data We Collect

• Email Metadata: Sender, subject, timestamp (NOT bodies or attachments)
• Calendar Data: Events, attendees, times, responses
• User Profile: Email address, display name, tenant ID
• Authentication: Encrypted OAuth refresh tokens

7.3 US Privacy Rights (CCPA/CPRA)

California residents have rights to know, delete, and opt-out. We do not sell Personal Data.

7.4 GDPR Rights (EU/EEA/UK)

European users have rights to access, rectification, erasure, restriction, portability, and objection.

Contact: privacy@sparkeros.com

7.5 Data Location

All data is processed and stored in Microsoft Azure East US 2 region (United States).

8. Third-Party Services and Integrations

8.1 Microsoft Services

The Service integrates with:

• Microsoft Graph API (email and calendar access)
• Microsoft Azure (hosting infrastructure)
• Microsoft Identity Platform (authentication)

Your use of Microsoft services is subject to Microsoft's terms. We are not responsible for Microsoft's services or availability.

8.2 Third-Party Disclaimers

We do not control and are not responsible for:

• Third-party service availability or performance
• API changes affecting the Service
• Third-party data practices or security incidents

9. Payments and Subscriptions

9.1 Free Trial

All new Accounts receive a 45-day free trial with full feature access. No payment information required to start.

9.2 Pricing

All prices in USD, excluding applicable taxes.

9.3 Billing

• Cycle: Monthly, same date each month
• Methods: Visa, Mastercard, American Express, Discover
• Invoices: Emailed within 24 hours of payment

9.4 Failed Payments

• Service continues 7 days during retry
• Suspended after 7 days unpaid
• Reactivate within 30 days with valid payment

9.5 Refund Policy

10. Intellectual Property

10.1 Our Intellectual Property

SparkEros, Inc. owns all rights to:

• VEPATime name, logo, and branding
• Software code and algorithms
• User interface designs
• Documentation and materials

10.2 Restrictions

You may NOT:

• Copy, modify, or create derivative works
• Reverse-engineer or decompile
• Remove proprietary notices
• Use trademarks without consent
• Scrape or crawl the Service

11. Security and Availability

11.1 Security Measures

• Encryption in transit (TLS 1.2+)
• Encryption at rest (AES-256)
• Azure Managed Identity
• Role-Based Access Control

11.2 Uptime Target

We target 99.5% uptime (up to 3.6 hours downtime/month). This is a goal, not a guarantee.

11.3 Scheduled Maintenance

• Frequency: Typically monthly
• Notice: 48 hours advance
• Timing: 2-4 AM Central Time

11.4 Force Majeure

We are not responsible for outages caused by Microsoft services, natural disasters, cyberattacks, or government actions.

12. Termination

12.1 Termination by You

• Revoke OAuth permissions in Microsoft settings
• Contact kent@sparkeros.com

Service stops accessing your mailbox within 60 seconds.

12.2 Termination by Us

We may terminate for:

• Terms violations
• Abusive behavior
• Fraud
• Security threats
• 12+ months inactivity
• 14+ days non-payment

12.3 After Termination

• Immediate: Mailbox access revoked
• Within 7 days: Tokens deleted
• Within 30 days: All data purged

13. Disclaimers and Limitation of Liability

13.1 Disclaimer of Warranties

13.2 Limitation of Damages

13.3 Maximum Liability

Our maximum liability is the greater of:

• Amount paid in the 12 months preceding the claim, OR
• $50.00 USD

Free tier users: Maximum liability is $0.00.

13.4 Exceptions

Limitations do not apply to: death/injury from negligence, fraud, data breach from our security failures, or liability that cannot be excluded by law.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by Texas law, USA, without regard to conflict of laws.

14.2 Binding Arbitration

Disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under Commercial Arbitration Rules.

• Location: Dallas County, Texas, or remote
• Decision is final and binding

14.3 Class Action Waiver

14.4 Exceptions

• Small claims court (under $10,000)
• Intellectual property enforcement
• Injunctive relief

14.5 Time Limitation

Claims must be filed within one (1) year or be permanently barred.

15. Export Controls and Sanctions Compliance

15.1 US Export Regulations

The Service is subject to US export laws including EAR, ITAR, and OFAC sanctions.

15.2 Your Representations

By using the Service, you represent that:

• You are not in a US-sanctioned country (Cuba, Iran, North Korea, Syria, Crimea/Donetsk/Luhansk)
• You are not on any US restricted party list
• You will not use the Service for prohibited purposes

16. Modification of the Service

We may modify, update, or discontinue any aspect of the Service at any time, including:

• Adding or removing features
• Changing pricing or tiers
• Updating the interface
• Modifying APIs

For material changes, we provide 30 days' notice and data export options.

17. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the complete agreement.
• Severability: Invalid provisions are limited; remaining terms stay in effect.
• Waiver: Non-enforcement is not a waiver.
• Assignment: You cannot assign; we can without restriction.
• No Third-Party Beneficiaries: No rights conferred on others.
• Language: English version prevails over translations.

18. Contact Information