1) Key definitions

• Spark: a user-created plan for an in-person activity at a time and place chosen by users.
• Hold / Hold my spot: a conditional reservation that counts toward a Spark's minimum. You are not in the roster until the minimum is met.
• Auto-join: when a Hold converts to a confirmed seat because the Spark meets the minimum participants.
• Lumins: in-app points used as deposits to promote reliability. Lumins are not money, have no cash value, and are not redeemable for cash.
• Platform-Seeded Spark: a Spark posted by Firefly Spark, including via accounts we operate, with or without Firefly Spark attribution or branding, to stimulate supply or showcase ideas. It is a curated listing only and is not organized or supervised by Firefly Spark.
• Official Firefly Spark Event: a plan explicitly labeled in-app as "Official Firefly Spark Event," presented with separate Official Event Terms and Waiver at join. Unless a Spark is labeled this way, it is not an Official Firefly Spark Event.

Important: whether or not a Spark appears to be started by Firefly Spark or by an account we operate, if it is not labeled "Official Firefly Spark Event," it is a User-Started or Platform-Seeded Spark and is not organized or hosted by Firefly Spark.

2) Who may use Firefly Spark

• Age. You must be 18 or older to use Firefly Spark. Activities marked 19+ require that you are 19 or older.
• Territory. We currently operate in Ontario (including the GTA/Toronto).
• Account. Provide accurate information and keep your credentials secure. You are responsible for all activity under your account. We may refuse, suspend, or terminate accounts to protect users, comply with law, or safeguard the service.

3) What Firefly Spark is (and is not)

Firefly Spark is a platform. We help adults discover and coordinate small, same-day or near-term user-organized activities. We do not plan, organize, host, supervise, or control Sparks (User-Started or Platform-Seeded), venues, or transportation. We do not guarantee that Sparks will occur, fill, or meet expectations. We do not provide background checks, security, or insurance. You are solely responsible for your decisions and personal safety.

If we ever run an Official Firefly Spark Event, it will be clearly labeled in-app and require acceptance of Official Event Terms and Waiver at join. If you do not see that label and waiver, the Spark is not organized by Firefly Spark.

4) Subscriptions and paid access

Firefly Spark uses auto-renewing subscriptions from the Apple App Store to unlock core participation features.

You can browse or view the map and see the types of Sparks available without paying.

To join Sparks, start Sparks, be invited or matched to Sparks, or use other participation features shown in the app, you must have an active subscription.

Available subscription products

We may offer one or more of the following in-app, for example a weekly access plan, a monthly membership, or a yearly membership. The exact name, term, and price of each subscription are the ones shown in the App Store at the time you make the purchase. If the App Store information differs from these Terms, the App Store information controls.

Prices may change. We may change, add, or remove subscription plans or prices prospectively. If Apple requires it, you will see the new price in the App Store and can choose whether to continue.

How billing works

• Payment is charged to your Apple ID at confirmation of purchase.
• Subscriptions renew automatically for the same term unless you cancel at least 24 hours before the current period ends.
• Your Apple ID is charged for renewal within 24 hours before the period ends at the price shown at that time in the App Store.
• You can manage or cancel your subscription in your Apple ID or App Store account settings. We cannot cancel it for you.
• If you cancel, you keep access until the end of the period you already paid for. We do not give partial refunds unless required by Apple or by law.
• If your subscription ends or is not renewed, participation features will stop working until you resubscribe. You will still be able to open the app and see permitted free areas.

5) Creating, holding, joining, and changing Sparks

• Hold my spot. Tapping Hold conditionally reserves a seat and counts toward the minimum. You are not in the roster until the minimum is met through Auto-join. You may release a Hold any time before Auto-join.
• Auto-join and leaving after join. When the minimum is met, you are in. If you leave after joining, penalties apply (see Section 7).
• Group change (below your minimum). If a Spark drops below your original minimum but still has 3 or more people, we may prompt you to Stay in at the new size or Leave free. If you do not respond by the stated time, we may auto-remove you without penalty.
• Duo confirm (exactly 2). If only two people remain before start, both must confirm "Go 1-on-1?" within the stated time. If not, the Spark cancels and deposits are refunded.

6) Lumins (deposits) and purchases

• Nature of Lumins. Lumins are in-app points used as deposits to promote reliability. Lumins are not legal tender, have no cash value, are not redeemable or refundable for cash, are licensed to you and not sold, and may be modified, limited, or discontinued prospectively.
• Deposit. Starting or joining a Spark requires a 10 Lumin deposit, unless the app shows a different amount for that Spark.
• Purchases. If you run out of Lumins, you may purchase more via Apple or Google in-app purchase. All Lumin purchases are final except where platform policy or applicable law requires a refund. Taxes may apply. We may change prices prospectively.
• No transfer or resale. You may not sell, barter, or transfer Lumins except within features we explicitly enable.
• Account closure. On account termination (by you or us), unused Lumins are forfeited to the extent permitted by law.
• Tickets and fees. For Platform-Seeded Sparks (including any unattributed house-posted listings), each participant is responsible for their own tickets or fees with any venue or provider. Lumins are not tickets and do not purchase goods or services from Firefly Spark.

7) Attendance, late, and cancellations (deposits and penalties)

Attendance is auto-confirmed by device location near the venue at or after start. If location is disabled, open the app at the venue so we can confirm.

• Cancel after you have joined (any time): minus 10 Lumins (deposit used).
• Arrive 0 to 15 minutes after start: no penalty (you keep 10).
• Arrive more than 15 to 30 minutes after start: minus 5 Lumins.
• Arrive more than 30 minutes after start or never arrive: minus 10 Lumins (treated as no-show).

We may adjust deposit amounts and penalties prospectively with in-app notice. For Platform-Seeded listings (including house-posted), we do not guarantee venue capacity, entry, or availability. Venue or provider rules apply.

8) Verification, privacy, and location

• Selfie or ID verification. We may require a quick selfie check and, for certain features, an ID check provided by our verification vendor (currently Biometric Vision) to reduce fake accounts and fraud. You consent to our and our vendor's processing of images and biometric identifiers for verification, fraud prevention, and safety. See our Privacy Policy for details and retention.
• Private by default. Your name and photo are visible only to members of your Spark beginning about 1 hour before start. Otherwise they are not visible to other users.
• Location. We use device location to show nearby Sparks and to auto-confirm arrival at or near the venue around start time. We do not show exact live location to other users. If location is off, open the app at the venue so attendance can be confirmed.
• Emergencies. Firefly Spark is not an emergency service. In an emergency, call 911.

9) Conduct and safety rules

You agree to:

• be lawful and respectful. No harassment, hate, threats, stalking, doxxing, sexual exploitation, fraud, or illegal acts
• follow venue rules and law, including 19+ alcohol rules
• not bring weapons, illegal drugs, or engage in dangerous conduct
• respect privacy and not record or post others' likenesses without consent
• use reports and report issues via in-app tools or by email to hello@fireflyspark.io

We may remove content or suspend accounts if we believe there is a violation or a safety risk.

10) Your content, license, and feedback

• You retain rights in content you submit, such as Spark titles or notes, messages, and photos.
• You grant Firefly Spark a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, display, and use your content to operate, secure, and improve the service and to promote the service. To the extent permitted by law, you waive moral-rights enforcement against us for these purposes.
• You represent that you have rights to your content and that it does not infringe the rights of others or violate law.
• If you provide feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or attribution.

11) No organizer or host; no special relationship

For User-Started, Platform-Seeded, and unattributed house-posted Sparks, Firefly Spark acts only as a platform provider and curator. We are not an organizer or host and we do not owe a duty to supervise participants, venues, or third parties. Nothing in these Terms creates an agency, partnership, joint venture, employment, fiduciary, or special relationship between you and Firefly Spark. The fact that a Spark was posted by an account we operate, whether or not it displays Firefly Spark branding, does not make it an Official Firefly Spark Event or create a duty to supervise.

12) Assumption of risk and release

Real-world activities involve risks including travel, weather, venue conditions, illness, crime, and actions or omissions of others. You knowingly and voluntarily assume all risks related to attending or hosting a Spark.

To the maximum extent permitted by law, you release and discharge Firefly Spark (Gallop Innovations Inc.) and our officers, directors, employees, and agents from claims, demands, losses, damages, or expenses (including for negligence) arising out of or related to interactions with users, attendance at Sparks (including Platform-Seeded or house-posted listings), or third-party services or venues, except to the extent caused by our wilful misconduct.

13) Disclaimers

To the maximum extent permitted by law, Firefly Spark is provided "as is" and "as available." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement. We do not warrant that Sparks will fill, occur, or meet expectations, or that the service will be uninterrupted, timely, secure, or error-free. Map or location data may be inaccurate or incomplete.

14) Limitation of liability

To the maximum extent permitted by law, Firefly Spark and its affiliates will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, revenue, data, goodwill, or business interruption, even if advised of the possibility.

Our total aggregate liability for all claims relating to the service is limited to the greater of CAD 100 or the amounts you paid us (if any) in the 12 months before the claim. Nothing here excludes liability that cannot be excluded under Ontario or Canadian law.

15) Indemnity

You agree to defend, indemnify, and hold harmless Firefly Spark and our officers, directors, employees, and agents from claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your content, your use of the service, your breach of these Terms or law, or your conduct at or in connection with a Spark.

16) App Store specific terms (Apple 10-point EULA content)

• Acknowledgement. These Terms are between you and Firefly Spark only, not with Apple. Firefly Spark is solely responsible for the App and the content in it.
• Scope of license. Your license to use the App is a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the usage rules in the Apple Media Services Terms and Conditions. The App may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and support. Firefly Spark is solely responsible for providing any maintenance and support for the App. Apple has no obligation to provide maintenance or support.
• Warranty. If the App does not conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App to you if there was one. To the maximum extent permitted by law, Apple will have no other warranty obligation. Any other claims, losses, liabilities, damages, costs, or expenses due to a failure to conform to any warranty are the responsibility of Firefly Spark.
• Product claims. Firefly Spark, not Apple, is responsible for addressing any claims from you or a third party relating to the App or to your possession and use of the App, including product liability claims, claims that the App fails to conform to law, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property. If a third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, Firefly Spark is solely responsible for the investigation, defense, settlement, and discharge of the claim.
• Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer name and address. Firefly Spark is provided by Gallop Innovations Inc., 24 Borrows Street, Thornhill, Ontario, L4J 2S4, Canada. Email: hello@fireflyspark.io.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
• Third-party beneficiary. You and Firefly Spark acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of the Terms, Apple will have the right to enforce the Terms against you.

17) Third-party services

We rely on third parties such as maps, payments, analytics, and verification. Their terms and privacy policies apply to their services. We are not responsible for them.

18) Changes, suspension, termination, and survival

We may modify the service or these Terms prospectively by posting in-app. If you continue using the service after changes take effect, you agree to the updated Terms. We may suspend or terminate accounts to protect users, comply with law, or for misuse.

Sections that by their nature should survive termination will survive. This includes the parts on subscriptions and paid access, Lumins and deposits, attendance and penalties, verification and privacy, user content, assumption of risk and release, disclaimers, limitation of liability, indemnity, App Store terms, disputes and governing law, and miscellaneous.

19) Disputes, governing law, venue, and time limits

These Terms are governed by the laws of Ontario and the federal laws of Canada that apply in Ontario, without regard to conflict rules.

• You agree to the exclusive jurisdiction of the courts of Ontario (Toronto) for disputes that are not resolved informally.
• If both parties agree in writing, a dispute may be referred to binding arbitration under the Arbitration Act, 1991 (Ontario) in Toronto before a single arbitrator, in English.
• To the extent permitted by law, any claim must be filed within 1 year after it arose or be permanently barred.

20) Electronic communications and CASL

You consent to receive electronic communications related to your account and the service. We send promotional messages only with consent or as permitted by CASL. You can manage preferences in-app or by contacting hello@fireflyspark.io.

21) Accessibility and safety resources

If you require accessibility accommodations under the AODA, contact hello@fireflyspark.io. Use in-app tools to report safety concerns and block users.

22) Notice and takedown; rights reporting

For IP or legal notices, email hello@fireflyspark.io with enough detail to identify the content and your rights. We may remove or disable content at our discretion.

23) Miscellaneous

These Terms, together with the Privacy Policy and posted policies referenced here, are the entire agreement between you and us. If a provision is unenforceable, the rest remains in effect and an enforceable term will be substituted to approximate the original intent. You may not assign these Terms. We may assign in connection with a merger, acquisition, or sale of assets. Failure to enforce a provision is not a waiver. The parties have expressly requested and required that these Terms and all related documents be drawn up in English.