ServSpark Monitor
Legal

Terms of Service

Last updated: May 8, 2026

1. Agreement to Terms

By purchasing, downloading, installing, or using ServSpark Monitor ("the Software"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Software. These Terms constitute a legally binding agreement between you ("Licensee" or "you") and ServSpark ("we," "us," or "our").

2. License Grant

Subject to your compliance with these Terms and payment of the applicable license fee, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use ServSpark Monitor on up to three (3) devices owned or controlled by you, solely for your personal or internal business purposes.

3. License Restrictions

You may not:

  • Copy, modify, adapt, translate, or create derivative works of the Software.
  • Reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Software.
  • Rent, lease, lend, sell, sublicense, or otherwise transfer the Software or your license rights to any third party.
  • Remove or alter any proprietary notices, labels, or marks on the Software.
  • Use the Software in any way that violates applicable law or regulation.
  • Use the Software on more than three (3) devices without purchasing additional licenses.

4. Updates and Support

Your one-time license fee includes free software updates for one (1) year from the date of purchase. After that period, updates are optional and may require a separate purchase. We may provide support via email at [email protected] at our discretion; we do not guarantee specific response times or resolution outcomes.

5. Intellectual Property

The Software and all associated intellectual property rights are and remain the exclusive property of ServSpark. These Terms do not transfer any ownership interest in the Software to you. All rights not expressly granted are reserved by us.

6. Privacy

Your use of the Software is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

7. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Software will be uninterrupted, error-free, or free of viruses or other harmful components, or that any defects will be corrected. You assume all risk for the selection, installation, and use of the Software.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERVSPARK, ITS OWNERS, OFFICERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless ServSpark and its owners from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from (a) your use of the Software, (b) your violation of these Terms, or (c) your violation of any applicable law or third-party rights.

10. Termination

These Terms are effective until terminated. Your rights under these Terms will terminate automatically and without notice if you fail to comply with any provision. Upon termination, you must cease all use of the Software and destroy all copies in your possession. Sections 5, 7, 8, 9, and 11 survive any termination.

11. Governing Law

These Terms are governed by and construed in accordance with applicable law. Any disputes arising from these Terms or your use of the Software shall be resolved through good-faith negotiation first. If a dispute cannot be resolved informally, it shall be submitted to binding arbitration under applicable rules, or to a court of competent jurisdiction, as determined by us. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Changes to Terms

We may modify these Terms at any time. When we do, we will update the "Last updated" date above. Your continued use of the Software after changes become effective constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

13. Contact

If you have questions about these Terms, please contact us at [email protected].