Terms of Service

Effective February 24, 2025

These Terms of Service ("Terms") govern your access to and use of sparQ software and the sparQ Beta Program, provided by remarQable LLC ("remarQable", "we", "us", or "our").

By downloading, installing, or using sparQ, you agree to these Terms. If you do not agree, do not use sparQ.

1. About sparQ

sparQ is a modular business software platform developed by remarQable LLC. sparQ is made available under the Elastic License 2.0 (ELv2), which permits self-hosted production use for internal business and personal purposes. The full license text is included with the software and available at sparqone.com/license.

2. Beta Program

sparQ is currently offered through an invite-only Beta Program. As a beta participant:

  • You acknowledge that sparQ is pre-release software and may contain bugs, errors, and incomplete features.
  • You agree to provide reasonable feedback through the designated community forum.
  • We may revoke beta access at any time, for any reason, with or without notice.
  • Beta access does not guarantee access to any future commercial release or hosted service.

3. Permitted Use

Subject to the ELv2 license:

  • You may download, install, and run sparQ for your own internal business or personal use.
  • You may modify the source code for your own use.
  • You may redistribute the unmodified Licensed Work, provided you include the complete ELv2 license text.
  • You may NOT offer sparQ (or any derivative) as a hosted or managed service to third parties. This right is reserved exclusively for remarQable LLC and its authorized partners.

4. Accounts and Security

If you create an account with sparQ or any related service (including the beta forum):

  • You are responsible for maintaining the security of your credentials.
  • You are responsible for all activity under your account.
  • You must notify us promptly of any unauthorized access.

5. Intellectual Property

sparQ, sparQOne, and all related trademarks, logos, and branding are the property of remarQable LLC. The source code is made available under the ELv2 but remains the proprietary intellectual property of remarQable LLC.

You may not use the sparQ or sparQOne names, logos, or trademarks in any way that suggests endorsement by or affiliation with remarQable LLC, except as expressly permitted by the license.

6. Data and Privacy

When you self-host sparQ:

  • Your data remains on your own infrastructure under your control.
  • We do not access, collect, or store your business data.
  • sparQ may transmit minimal, anonymous telemetry data (such as version checks) unless you opt out. See our Privacy Policy for details.

If you use any sparQOne-hosted services (such as SMS, SMTP, or payment processing), those services are subject to the sparQOne Privacy Policy.

7. Disclaimer of Warranties

sparQ is provided "as is" and "as available" without warranties of any kind, express or implied. remarQable LLC disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

During the beta period, sparQ is pre-release software. We do not guarantee uptime, data integrity, or uninterrupted service.

8. Limitation of Liability

To the maximum extent permitted by law, remarQable LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising out of or related to your use of sparQ.

Our total liability for all claims arising from or related to these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

9. Indemnification

You agree to indemnify and hold harmless remarQable LLC, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorney fees) arising from your use of sparQ, your violation of these Terms, or your violation of any third-party rights.

10. Modifications

We may update these Terms from time to time. Updated Terms will be posted on this page and included with new releases of sparQ. Your continued use of sparQ after changes constitutes acceptance of the updated Terms.

11. Termination

We may terminate or suspend your access to sparQ or the Beta Program at any time. Upon termination, your license to use sparQ continues under the ELv2 for any version you have already downloaded, subject to its terms.

12. Governing Law

These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Hennepin County, Minnesota.

13. Contact

remarQable LLC
900 2nd Ave S, Suite 650
Minneapolis, MN 55402
Email: info@remarqable.io