Refund and Return Policy

No Refunds Policy

Due to the instant digital delivery nature of our AI-powered photo optimization service, we generally do not offer refunds once images have been processed, to the maximum extent permitted by applicable law.

This policy is based on the digital content exception recognized under the EU Consumer Rights Directive 2011/83/EU Article 16(m), the UK Consumer Rights Act 2015, and similar consumer protection frameworks that acknowledge the irreversible nature of delivered digital services.

Important: This policy does not limit or exclude any statutory consumer rights that cannot be waived under applicable law. See jurisdiction-specific sections below for details.

Why We Don't Offer Refunds

Our no-refund policy is based on the following legal and practical considerations:

• Instant Digital Delivery: AI photo processing occurs immediately upon upload. Under consumer protection laws (including EU CRD Article 16(m) and UK CRA 2015), the right of withdrawal may be waived for digital content that begins delivery with consumer consent.
• Irreversible Service Performance: Once your photos are processed and delivered, the service is fully performed. Digital content cannot be "returned" in the same way as physical goods.
• Immediate Value Transfer: You receive the full benefit of our service upon delivery of optimized photos to your gallery.
• Computational Resources: Each photo requires significant AI processing resources that are consumed at the time of processing.

Note: We encourage you to use our free tier to evaluate our service before subscribing to a paid plan.

What You Can Do Instead

Before Subscribing (Risk-Free Evaluation):

• Try the Free Tier: Test our service at no cost with Spark Ignite Basic (3 photos/month with SMS verification) or Spark Ignite Premium (5 photos/month with card on file). This allows you to fully evaluate our AI optimization before any paid commitment.
• Review Examples: View sample outputs and before/after comparisons on our homepage
• Read Documentation: Understand how our AI pipeline works and what to expect
• Contact Support: Ask questions at before committing to a paid plan

If You're Unsatisfied:

• Cancel Anytime: Cancel your subscription at any time from Settings → Subscription (the same method used to subscribe, per California ARL requirements)
• Downgrade Option: Downgrade to a lower tier or free tier instead of cancelling entirely
• No Cancellation Fees: We never charge fees for cancellation
• Retain Access: You keep access until the end of your current 30-day billing period
• Reactivate Easily: Changed your mind? Click "Keep Current Plan" in the dashboard banner before your period ends
• No Further Charges: Once canceled, you won't be charged again

Exceptions

We will provide refunds for the following situations:

Refund Processing Time: Approved refunds are processed within 5-10 business days. Refunds are issued to the original payment method.

EU/EEA/UK Customers - Right of Withdrawal

Your 14-Day Right of Withdrawal

Under the EU Consumer Rights Directive 2011/83/EU (and equivalent UK legislation under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013), you normally have a 14-day right of withdrawal from the date of purchase for online contracts.

Digital Content Exception (Article 16(m))

However, under Article 16(m) of the Consumer Rights Directive, the right of withdrawal does not apply to digital content (not supplied on a tangible medium) where:

1. The consumer has given prior express consent to begin performance during the withdrawal period; AND
2. The consumer has acknowledged that they will lose their right of withdrawal once performance has begun.

How This Applies to SellSpark AI

By providing this consent:

• Our service begins immediately upon subscription activation
• Photo processing is performed instantly upon upload
• You waive your 14-day withdrawal right once any photos have been processed
• If you have not yet processed any photos, you may still withdraw within 14 days

Your Preserved Consumer Rights

This policy does not affect statutory rights that cannot be waived:

• Quality Standards: Under the UK Consumer Rights Act 2015, digital content must be of satisfactory quality, fit for purpose, and as described. If our service fails these standards, you have the right to a repair, replacement, or price reduction (which may be up to 100%).
• Faulty Service: If our AI processing produces corrupted, unusable, or materially defective results, you are entitled to reprocessing at no charge or a refund.
• Unfair Contract Terms: Any terms that create a significant imbalance to your detriment may be unenforceable under EU/UK consumer protection law.

To exercise any statutory rights: Contact us at with details of your issue. We aim to resolve all consumer complaints within 14 days.

Brazilian Customers - Service Availability

Interested in Using Our Service from Brazil?

If you are located in Brazil and interested in our service, please contact us at to express interest—we may offer support on a case-by-case basis.

Future Brazilian Customer Rights (When Available)

When we begin supporting Brazilian customers, we are committed to full compliance with Brazilian consumer protection laws:

• CDC Article 49: 7-day right of regret (direito de arrependimento) for online purchases
• LGPD: Full data protection rights under Lei Geral de Proteção de Dados (Lei nº 13.709/2018)
• Quality Standards: Right to have services performed adequately (Art. 20 CDC)
• Clear Information: Right to clear and adequate information about services (Art. 6, III CDC)

Brazilian law does not permit waiver of the 7-day right of regret by contract. This right is guaranteed by the CDC and will be fully honored for any Brazilian customers we may serve in the future.

Subscription Cancellations

How to Cancel (Click-to-Cancel):

Per California Automatic Renewal Law (ARL) and FTC guidelines, you can cancel your subscription using the same method used to subscribe:

1. Log in to your SellSpark AI account
2. Navigate to Settings → Subscription
3. Click "Cancel Subscription"
4. Confirm cancellation

No phone calls or support tickets required. Cancellation is immediate and self-service.

What Happens After Cancellation:

• Access Retained: You keep full access until the end of your current 30-day billing period
• No Prorated Refunds: Unused days/photos within a billing period do not qualify for refunds, to the extent permitted by applicable law (this does not apply to statutory consumer rights in the EU/UK)
• Photos Don't Roll Over: Unused monthly photo allowance expires at the end of the billing period
• Transition to Free Tier: Your account transitions to Spark Ignite Premium (5 photos/month) since you have a card on file
• Immediate Effect: No future automatic charges will occur after your current period ends
• Confirmation: You will receive an email confirmation of your cancellation
• Reactivation Available: You can resubscribe or upgrade at any time

Photo Top-Ups

One-time photo top-up purchases (+5, +10, or +20 photos) are generally non-refundable once purchased, subject to the following:

• Top-ups are added immediately to your current billing cycle
• Unused top-up photos expire at the end of your 30-day cycle
• Top-ups do not roll over to the next billing period
• Top-ups are only available to paid tier subscribers

Top-Up Exceptions:

• Technical Errors: If a technical error prevents you from using purchased top-up photos, we will restore the photos or issue a refund
• Billing Errors: Duplicate or erroneous charges for top-ups will be fully refunded
• Future Brazilian Consumers: When we support Brazilian customers, CDC Article 49 rights will apply to top-up purchases made within 7 days
• EU/UK Consumers: If you have not yet used your top-up photos and are within the 14-day withdrawal period (and did not consent to immediate delivery), you may request a refund

Chargebacks and Disputes

Your Right to Dispute Charges

We acknowledge that you have the right to dispute charges with your bank or credit card company under Visa, Mastercard, and other card network rules. This right exists independently of any merchant policy and cannot be contractually waived.

We Encourage You to Contact Us First

Before initiating a chargeback with your bank, we strongly encourage you to contact us at . We are committed to resolving billing disputes fairly and typically respond within 24 hours.

Why contact us first?

• We can often resolve issues faster than the chargeback process (which can take 45-120 days)
• We can immediately investigate and issue refunds for legitimate billing errors
• Chargebacks can result in account suspension while the dispute is being resolved

What Happens If You File a Chargeback

If you dispute a charge with your bank without first contacting us:

• Your account may be temporarily suspended during the dispute investigation period (as required by payment processor rules)
• Access to services may be paused until the dispute is resolved
• We will respond to the chargeback with relevant transaction information per card network timelines (typically 20-45 days)

Resolution and Reinstatement

• If the chargeback is resolved in your favor: No further action is needed. Your refund stands.
• If the chargeback is resolved in our favor: We will contact you to discuss account reinstatement.
• Fraudulent Chargebacks: Accounts with confirmed fraudulent chargebacks (e.g., filing a chargeback after receiving and using the service) may be permanently closed. This does not apply to good-faith billing disputes.

EU/UK Consumers: Your statutory consumer rights and dispute resolution rights are unaffected by this section. We will not share your personal data with third-party fraud prevention services without a lawful basis under GDPR/UK GDPR.

California Residents

Under the California Automatic Renewal Law (ARL) (Business and Professions Code Section 17600 et seq.), California consumers have specific rights regarding auto-renewing subscriptions:

• Clear Disclosure: We clearly disclose all subscription terms, including automatic renewal, before you provide payment information
• Affirmative Consent: We obtain your explicit consent before charging you for any subscription
• Easy Cancellation: You can cancel online through the same method used to subscribe (Settings → Subscription)
• Confirmation: We provide acknowledgment of your subscription and cancellation requests
• Annual Reminders: For subscriptions lasting more than one year, we provide annual renewal reminders

If you believe we have not complied with California ARL requirements, please contact us at .

Governing Law and Disputes

This Refund Policy is governed by the laws of the Federative Republic of Brazil, where SellSparkAI Ltda is incorporated. For full dispute resolution terms, see our Terms of Service.

Jurisdiction-Specific Dispute Resolution:

• Future Brazilian Customers: When we support Brazilian customers, disputes will be resolved in Brazilian courts under the CDC (Lei nº 8.078/1990). Complaints may be filed with PROCON or other consumer protection agencies.
• EU/EEA Residents: You retain the right to bring claims in your local courts per Rome I Regulation. You may also use the EU ODR platform at ec.europa.eu/consumers/odr.
• UK Residents: UK Consumer Rights Act 2015 applies. You may bring claims in UK courts.
• US Residents: Disputes are subject to binding arbitration as described in our Terms of Service, with small claims court exception (up to $10,000 USD).
• California Residents: Contact the CA Department of Consumer Affairs at (800) 952-5210 or 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834.

Your mandatory consumer protection rights under the laws of your country of residence are preserved regardless of governing law.