Last Updated: June 2024
1. Scope and Applicability
These Terms of Service ("Terms") govern all access to and use of the Sparxl platform ("Service"), operated in accordance with the laws of the Federal Republic of Germany, in particular the Bürgerliches Gesetzbuch (BGB), Telemediengesetz (TMG), and the Digital Services Act (DSA, Regulation (EU) 2022/2065). By accessing or using the Service, you enter into a legally binding agreement (§§ 305 ff. BGB) and accept these Terms in full. These Terms apply to all users, including consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Supplementary agreements, amendments, or deviations require written confirmation by Sparxl.
The Service is intended exclusively for persons who are at least 16 years old, in accordance with Art. 8 GDPR. By using the Service, you confirm that you meet this requirement.
2. Description of Services
Sparxl provides image hosting, delivery, and API-based content access. The Service is provided "as is" and "as available" (§ 312i BGB), without guarantee of uninterrupted availability or error-free operation. Sparxl reserves the right to modify, restrict, or discontinue the Service at any time, in whole or in part, for technical, operational, or legal reasons (§ 313 BGB, Art. 14 DSA). Users have no claim to the continued provision of specific functionalities.
The use of the Service may be subject to additional guidelines, technical restrictions, or fair use policies, which are binding upon publication.
3. User Obligations
- You must refrain from uploading, storing, or distributing content that is unlawful, harmful, or offensive under German law, including but not limited to § 130 StGB (incitement to hatred), § 184 StGB (distribution of pornographic content), § 106 UrhG (copyright infringement), and § 201a StGB (violation of intimate privacy).
- The dissemination of malware, trojans, or the execution of automated attacks (e.g., scraping, brute force, DDoS) is strictly prohibited (§ 202a StGB, § 303b StGB).
- You are obligated to comply with all applicable German and EU laws, including the Digital Services Act (DSA), the German Digital Services Act (DDG), and the General Data Protection Regulation (GDPR).
- You must not circumvent technical protection measures or attempt to gain unauthorized access to systems or data (§ 202b StGB).
- You are required to provide accurate and up-to-date information when registering or using the Service (§ 126b BGB).
4. Account and API Key Responsibility
You are solely responsible for maintaining the confidentiality and security of your access credentials, including API keys and passwords. Any action performed using your credentials is attributed to you, unless you can prove that the misuse was not your fault (§ 280 BGB, § 675v BGB). You are obliged to inform Sparxl immediately of any suspected unauthorized use or security breach.
The transfer or sharing of access credentials with third parties is strictly prohibited. Sparxl reserves the right to suspend or terminate accounts in case of suspected misuse or violation of these Terms.
5. Ownership and Licensing
You retain all intellectual property rights to content you upload, subject to the rights and licenses granted herein. By uploading content, you grant Sparxl a non-exclusive, transferable, sublicensable, royalty-free, worldwide license (§ 31 UrhG) to store, cache, process, and distribute such content as necessary for the operation and improvement of the Service, including for backup and security purposes.
You warrant that you have all necessary rights to grant this license and that your content does not infringe upon third-party rights, including copyright, trademark, or privacy rights (§§ 823, 1004 BGB).
6. Data Processing & IP Logging
In accordance with Art. 6(1)(f) GDPR and § 25 TTDSG, Sparxl processes and temporarily stores IP addresses and usage metadata (browser, access time, request details) to ensure technical functionality, security (e.g., DoS prevention), and legal traceability. This processing is based on legitimate interests, including the prevention of abuse and the fulfillment of legal obligations (Art. 6(1)(c) GDPR).
By using this Service, you expressly consent to the processing of your connection data, including your IP address, for these legitimate interests. Data is not used for profiling or advertising purposes and is not shared with third parties except as required by law (e.g., upon request by authorities under § 101 UrhG, § 14 TMG) or to protect the rights of Sparxl or its users.
Further information on data processing can be found in our Imprint & Privacy Policy.
7. Data Security
Technical and organisational measures (TOMs) are implemented in accordance with Art. 32 GDPR to protect your data against unauthorized access, loss, or manipulation. These measures include encryption, access controls, and regular security audits. Despite these efforts, absolute security cannot be guaranteed. Use of the Service is at your own risk (§ 44 BDSG).
8. Content Moderation and Removal
In accordance with § 10 TMG, Art. 17 DSA, and § 7 DDG, Sparxl may remove or block access to content without prior notice if it violates these Terms, applicable law, or third-party rights. Users will be informed of such measures where legally required (Art. 17(3) DSA). Sparxl is not obliged to monitor all content but will act expeditiously upon obtaining knowledge of unlawful content (§ 7(2) TMG).
Users may appeal content removal decisions in accordance with Art. 20 DSA by contacting Sparxl at the address provided in the Imprint.
9. Notice and Take Down Procedure
If you believe that content hosted on Sparxl infringes your rights or violates applicable law, you may submit a notice in accordance with Art. 16 DSA and § 8 DDG. Notices must include sufficient information to identify the content and the legal basis for removal. Sparxl will review and respond to such notices in a timely manner.
10. Termination and Suspension
Sparxl reserves the right to temporarily or permanently suspend access to the Service in case of violations of these Terms, technical threats, or as required by law (§§ 314, 626 BGB). This does not affect any rights to remuneration or damages under German law (§§ 280 ff. BGB). Users may terminate their use of the Service at any time by deleting their account or ceasing use.
11. Limitation of Liability
In accordance with § 7 TMG and the general principles of German liability law (§§ 276, 278 BGB), Sparxl shall only be liable for damages in cases of intent or gross negligence. Liability for simple negligence applies only in cases of breach of essential contractual duties (Kardinalpflichten), and is limited to foreseeable, typical damages. Liability for loss of data is limited to the typical recovery costs that would have arisen if regular backups had been made.
Liability for damages resulting from injury to life, body, or health remains unaffected (§ 309 No. 7 BGB). Liability under the German Product Liability Act (ProdHaftG) remains unaffected.
12. Changes to the Terms
These Terms may be amended at any time to reflect legal, technical, or operational changes. Material changes will be communicated in advance via the Service or by email, where possible. Continued use of the Service after such updates constitutes acceptance of the revised Terms (§ 308 No. 5 BGB). Users have the right to object to changes within a reasonable period; in such cases, Sparxl may terminate the contractual relationship.
13. Jurisdiction and Governing Law
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction, if permitted, is Berlin (§ 29 ZPO). Mandatory consumer protection laws (e.g., EU Regulation 2019/1150) remain unaffected.
14. Severability Clause
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent.
15. Contact
For legal inquiries, notices, or appeals under the DSA, contact mail.sparxl@gmail.com or see our Imprint.