Terms of Use

Last update: December 4th 2023

Terms of use SparkerHub online platform 

Sparker is a simplified joint stock company Registered office: 4, Place Amédée Bonnet - 69002 Lyon 

This Terms of Use, to be agreed upon your registration to SparkerHub (https://app.sparker-hub.com/), and the Privacy Notice published on the SPARKER website form an agreement (hereinafter the “Agreement”) between you or the business you represent (hereinafter “you” or the “User”) and SPARKER (hereinafter “SPARKER”, “we” or “us”). By registering for using SparkerHub, you (on behalf of yourself or the business you represent) agree to be bound by the terms of this Agreement.

SPARKER and the User are hereinafter collectively referred to as the “Parties” or individually a “Party”.

1. Definitions

For clarity, we have defined in this section certain words used in this Terms of Use.

“SPARKER” is specialized in the sector of business support activities with a focus on sustainable mobility innovation at a global level. As such, it brings together in a digitally connected ecosystem that is continuously built up, a wide community of stakeholders ranging from mobility startups to companies from the mobility sector, investors and solid experts or mentor competences to stimulate innovation, enable real-time connections and business growth opportunities.

Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with a Party. For the purpose of the Agreement, an entity is considered as controlling another when having, directly or indirectly, the majority of the voting rights of that other entity and/or when able to determine, by the voting rights it has, the decisions of that entity. 

Brand features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each Party, respectively, as secured by such Party from time to time. 

Intellectual property rights” means current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights. 

Legal process” means a data disclosure request made under the law, governmental regulation, court order, governmental regulatory or other valid legal authority, legal procedure, or similar process.

“Corporate client” means any corporate entity which signed the SPARKER Client Master services contract in order to benefit from the services of SPARKER to gain access and connect with startups from the mobility sector, as defined in that contract.

 “Online Services” means all services offered by SPARKER through the use of its online platform SparkerHub.

2. Description of the Online Services

SparkerHub offers varying service levels tailored to different user types, as outlined below.

Role 

Service 

Startup user 

Corporate client user

Expert / Mentor user

Login, manage your account, and update your user profile information (example: Name, email, location, social networks, skills, language…)

Maintain your public profile and services offered visible by other users.

 

X

X

Manage and maintain your Startup company information up to date and be visible and searchable by Corporate client, investors, and Sparker staff (example information: Name, location, description, website, social network, fields of application, technology, business model…)

 

 

Search for startups matching your interest and strategy using multiple search criteria. Favorite your startups of interest, take private notes and make contact with startup founders.

 

X

 

Search for experts or mentors matching your need and criteria and place requests for services through Sparker.. 

 

Access the list of Sparker startup challenges applicable to you and receive updates. Startups may apply to challenges.

 

Communicate important information, between connected stakeholders, by email through the platform. 

Receive in-application notifications and email digest for important information, challenges or events.

 

By using the SPARKER platform, you confirm that you chose the Online Services based on your own due diligence and consideration.

3. Security and availability

SPARKER shall implement reasonable administrative, physical, and technical safeguards to protect the security of SparkerHub content. In addition, while it is your responsibility to back up your content, SPARKER shall, at your reasonable request, provide commercially reasonable assistance in recovery efforts.

From time to time, SparkerHub may be inaccessible or inoperable for any reason, including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements undertaken by SPARKER, or causes beyond SPARKER's control or that are not reasonably foreseeable, including, but not limited to, the interruption or failure of telecommunications or digital transmission links, hostile network attacks, network congestion or other failures.

4. Discontinuance of the Online Services

At our sole discretion, we may discontinue the Online Services for any technical or legal reason at any time without liability to you. In such a case, you will be entitled to receive a prorated refund of any paid subscription fees where applicable. 

5. Suspension of the Online Services

Suspension for violation of the Online Services 

If you do not comply with the Terms of Use (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your use of the Online Services or take any other steps we consider appropriate. The duration of any suspension for violation will be until you have cured the breach that caused the suspension. 

Suspension to comply with applicable laws 

At our sole discretion, we may suspend the provision of the Online Services at any time if required to comply with any applicable law. In such a case, you will be entitled to receive a prorated refund of any paid subscription fees where applicable.

6. Confidentiality

During the course of your use of the Online Services, each Party may receive information relating to the other Party that is marked as confidential  at the time of disclosure or that reasonably would be understood to be confidential given the circumstances of disclosure (hereinafter “Confidential Information”).

Obligations 

The recipient shall not disclose the discloser’s Confidential Information, except to employees, affiliates, agents, or professional advisors (hereinafter the “Delegates”) who have a need to know it, who have confidentiality obligations no less restrictive than those set forth herein, and who have been informed of the confidential nature of such information. The recipient will use the Confidential Information only to exercise rights and fulfill obligations under the Terms of Use while using reasonable care. 

Disclosure of Confidential Information 

The recipient may disclose the discloser’s Confidential Information: 

  • In accordance with a legal process; or 
  • With the discloser’s written consent. 

Before the recipient discloses the discloser’s Confidential Information in accordance with a legal process, the recipient will use commercially reasonable efforts to promptly notify the discloser (for example, we will inform you by sending an email to the email address you provided upon registration to the Online Services). The recipient does not need to provide notice before disclosure if the recipient is informed that: 

  • It is legally prohibited from giving notice; or 
  • The legal process relates to exceptional circumstances involving danger of death or serious physical injury to any person. 

The recipient will comply with the other Party’s reasonable requests opposing disclosure of its Confidential Information. 

7. Intellectual property rights and brand features

Intellectual property rights 

Except as expressly stated, the Terms of Use does not grant either Party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. 

SPARKER is the owner or licensee of all Intellectual Property Rights in relation to SPARKER Platform and SPARKER Services, made available to the Client by or on behalf of SPARKER (hereinafter the "SPARKER Intellectual Property"). Modifications and enhancements to SPARKER Intellectual Property shall be treated as SPARKER Intellectual Property. Except as expressly set out in this Agreement, SPARKER does not grant to the Client any rights to or licenses in respect of SPARKER Platform and SPARKER Services.

The Client owns all intellectual property rights in its data.

Publicity and display of brand features 

You may state publicly that you are a SPARKER customer.

We may orally state that you are a SPARKER customer and we may display your brand features within designated areas of SparkerHub, SPARKER web pages, SPARKER linkedin company page, SPARKER information flyer, SPARKER news letters and SPARKER events. We may also display our brand features on the SPARKER online platform to indicate that the services are provided by SPARKER. Neither Party may display or use the other Party’s brand features beyond what is allowed in the Terms of Use without the other Party’s prior written consent.

Brand features limitation 

Any use of a Party’s brand features will inure to the benefit of the Party holding intellectual property rights in those brand features. A Party may revoke the other Party’s right to use its brand features under the Terms of Use with written notice to the other and a reasonable period to stop the use. 

8. Obligations of the user

In using the Services, the Client agrees to act in full conformity to any applicable competition regulation and more generally with any applicable law. The user agrees to use the Online Services exclusively as defined in section Description of the Online Services.

Using the Online Services for a different end would be considered as a material breach of the Terms of Use and would allow us to suspend performance or terminate the Online Services, in accordance with section “Termination of the Online Services”.

In using the Services, the user agrees to act in full conformity to any applicable competition regulation and more generally with any applicable law.

The user shall not,

  1. copy, modify, decompile, reverse engineer, or attempt to discover the source code of SPARKER Platform, or permit or authorize a third party to do so;
  2. sell, resell, license, sublicense, distribute, lease, or otherwise provide access to SPARKER Platform to any third party;
  3. use SPARKER Platform to develop or offer a service made available to any third party that could reasonably be seen to serve as a substitute for such third party’s possible purchase of any SPARKER product or service.

9. Termination of the Online Services

Termination for Cause 

Either Party may suspend performance or terminate the Agreement if: 

  • The other Party is in material breach of the Agreement and fails to cure that breach within thirty (30) days after receipt of written notice; 
  • The other Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days; or 
  • The other Party is in material breach of the Agreement more than two times notwithstanding any cure of such breaches. 

Effects of Termination 

If the Agreement terminates or expires, then: 

  • The rights granted by one Party to the other will cease immediately (except as stated otherwise in this Contract); 
  • We will provide you with access to, or the ability to export, your data for a commercially reasonable period of time after the effective date of termination or expiry of the Agreement; 
  • We will delete your data in accordance with the Privacy notice ; and 
  • Upon request, each Party will promptly use reasonable efforts to return or destroy any remaining Confidential Information of the other Party. 

10. Representations and Liability

Disclaimers 

Except as expressly provided for in the Agreement, to the fullest extent permitted by applicable law: 

  • Neither Party nor its service providers makes any other warranty and there are no conditions of any kind, whether express, implied, statutory or otherwise, including without limitation warranties or conditions of merchantability, fitness for a particular use and noninfringement; 
  • Neither SPARKER nor its service providers warrant that operation of the Online Services will be error-free or uninterrupted; 

SPARKER provides the Online Services on an "as is" basis only and makes no representations about any functionality, content or information made accessible by or through the Online Services. We disclaim any and all liability and responsibility arising from any reliance placed on such functionality, content or information by any user of our Online Services, or by anyone who may be informed of any of them. Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms of Service, such exclusions and limitations will not apply to you. 

11. Other legal provisions

Amendments 

We reserve the right to make commercially reasonable changes to this Terms of Use and/or the Online Services from time to time. If we make a material change to this Terms of Use and/or the Online Services, we will inform you by sending an email to the email address you provided upon registration to the Platform. 

Privacy and data protection 

When you use the Online Services, we need to collect, use and disclose your personal information (whether previously collected or to be collected), in accordance with and for the purposes identified in the SPARKER Privacy notice, published on SPARKER website (https://sparker-hub.com), as it may be updated from time to time.

Interpretation 

In these Terms of Service all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced websites.

Notices 

Unless specified otherwise herein, any notice, consent, waiver, approval, authorisation or other communication to be delivered in connection with the Agreement: 

  • by us to you will be deemed to have been effectively and validly given if sent to the email address you provided upon registration to the Online Services; 
  • by you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted via the email address contact@sparker-hub.com. 

Relationship 

You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between you and us because of this Contract. 

Equitable relief 

Nothing in the Agreement will limit either Party’s ability to seek equitable relief. 

Governing law and Jurisdiction 

This Agreement shall be governed by and construed in accordance with French substantive law, without reference to its conflict of laws provisions. Any dispute arising out of or relating to the agreement shall be subject to the exclusive jurisdiction of the Courts of France.

Force majeure 

Neither Party will be responsible for a failure to fulfill its obligations under the Agreement or for delay in doing so if such failure or delay is due to circumstances unpredictable and beyond its reasonable control, in accordance with applicable law, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit. 

English language 

The Parties agree that this Contract and all documents relating thereto be drawn up in English. In the event of any discrepancies between this Contract and any translation of this Contract, this English version shall prevail.