Terms and Conditions

Updated 24th June 2024

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Candle Learning Ltd, trading as Training Spark. This Agreement is legally binding between you, the person using this Site, and Training Spark. Terms such as “we,” “our” and “us” refer to Training Spark.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.

Training Spark may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Software

Training Spark provide for-a-fee software available only to subscribers. This software is only available to qualifying subscribers, if they are logged in, and only for the term of their subscription.

You are granted an inalienable right to own and continue to use all our software that you have downloaded from Training Spark, even after your subscription expires or is canceled. Whether you are a paid member or not, all our software will continue to function “as is” regardless of if your subscription expires. However, if you are a paid member and your subscription expires you will not be able to download it again (even a version you had already downloaded in the past), download / install updates, or request support for it.

Updates are released often for compatibility, bug fixes, feature upgrades, and additions. Updates for the for-a-fee software are only available to customers who have an active subscription for the software from Training Spark.

We are committed to doing our best to ensure that all of our products and services are compatible with the latest versions of WordPress within 72 hours of any release. We can give no guarantee that our software will work with older versions of WordPress, though we will work to support backward compatibility whenever reasonably possible. Moreover, we cannot guarantee that our software is error-free. The implication is that if you keep on using an older version without updating it there will come a time when it will no longer work correctly or at all, either in parts or in full. Having a current subscription and installing updates is really the only way to ensure reasonable, continued operation of the software.

Using our software on your clients’ sites

If the end-user who will be using our software is not you, you must state the following three points to the end-users (typically, your clients):

The end users are not clients of Training Spark.
All requests for support and updates must go through you.
If they would rather receive support and updates from us directly they can always purchase a subscription directly from us.

Fair use software policy

Training Spark strives to provide low-cost, high-quality services surrounding our software. In order to keep the costs low, without placing artificial restrictions, we have a fair use policy in place. The software support is provided to a limited number of domains depending on your subscription plan. This restriction is in place to deter cases of abuse, like a hosting provider buying a single subscription, installing the software on all of his clients’ sites, and then overflowing our support services with its client’s requests. If such behavior is detected, we regret to inform you that we will immediately terminate the user account without a refund.

Payments & Subscriptions

Training Spark paid services such as the for-a-fee software service requires an active paid subscription. By using a paid service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account overview page or by contacting support.

You have a 14 days cooling-off period from date and time of purchase of software to request a refund. We aim to issue your refund within 5 days of request should it meet these conditions. Upon refund you will lose access to use the software.

To ensure uninterrupted service, our paid services are automatically renewed. This means that unless you cancel a subscription before the end of the subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your paid services are renewed for the same interval of time. We do not provide any refunds for renewals.

If you choose to cancel your subscription, your subscription will remain active until the end of your current billing cycle.

If your payment fails or paid services are otherwise not paid for on time, we may immediately cancel or revoke your access to the paid services.

We reserve the right to refuse service or cancel your subscription and revoke subscription access with a prorated refund for any reason we deem appropriate.

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

All prices listed, fees, charges, and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of paid services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our paid services.

Support

Training Spark provides a reasonable level of technical and end-user support via e-mail in the form of tickets filled using explicitly the support form on the Training Spark site. Support for paid services such as the for-a-fee software is provided to qualifying subscribers only.

Kindly keep in mind that your support requests are answered by the same developers who write and maintain the software. This means that you get accurate replies to your requests by the most qualified people to answer them, resulting in a solution you can apply, at the expense of response time. We consider it far better than getting a nearly immediate but low-quality reply which does not resolve your issue. If you wish to get an immediate response please search our Knowledgebase documentation. This is the same resource a non-developer support technician would use.

We will do our utmost to support anything WordPress-related, however, some requests may require complex or custom work that is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support that we can and can’t provide.

You may grant our support team access to your sites in order to troubleshoot and resolve problems. It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support – both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.

In order to receive support for any service, you must be using the most recent version of our products, WordPress, and any other theme or plugin utilized on your site. Training Spark makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products.

Disclaimer: The AI eLearning Powerpack

The AI eLearning Powerpack has been crafted to facilitate the seamless integration of large language models (LLMs), such as OpenAI’s ChatGPT, into WordPress websites utilised for educational purposes.

To activate any AI functionalities, users must provide their own API key, which can be obtained from Open AI (we provide full instructions on how to do this in our knowledgebase).

By utilising The AI eLearning Powerpack, users agree to adhere to the terms of use, privacy policies, and other legal agreements stipulated by their selected AI service provider.

By using The AI eLearning Powerpack, you acknowledge and agree to the following:

The AI eLearning Powerpack functions as an intermediary tool for leveraging AI services and does not guarantee the accuracy or suitability of the content produced by the AI.
You are solely responsible for monitoring, reviewing, and managing the content generated by the AI eLearning Powerpack plugin, as well as addressing any misuse or issues that may arise from its utilisation.
The AI eLearning Powerpack uses Open AI APIs to provide access to their LLM. You are solely responsible for all and any expenses incurred directly from Open AI.
Training Spark are not responsible for the availability of Open AI’s services. Should Open AI change or revoke the use of APIs either temporarily or permanently, Training Spark cannot be held responsible. In such cases, no refunds for the AI eLearning Powerpack are possible.
The AI eLearning Powerpack, its developer (Training Spark), and any associated entities shall not be held liable for any damages or losses, whether direct or indirect, resulting from the use of the plugin or the content generated by the AI services.
You are responsible for ensuring compliance with all applicable regulations within your jurisdiction, including, but not limited to, privacy laws and regulations related to the use of AI technology.
You must exercise caution and sound judgement when employing AI, and to always verify the accuracy and appropriateness of the information provided. There is ample information available online regarding the potential limitations of LLMs, such as hallucinations.

Please seek legal counsel to ensure you have appropriate protections in place, especially if you are a web development or eLearning agency using The AI eLearning Powerpack on behalf of clients. Establishing a robust legal framework is essential to mitigate potential liabilities associated with the use of AI technology by third parties.

Governing Law

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.