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Terms of Service

Last updated: April 3, 2025

1. Introduction

Welcome to SparkOS (“Company”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your use of our website located at thesparkos.io (formerly thesparkhost.com) and our application SparkOS (together or individually “Service”) operated by SparkOS.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it at thesparkos.io/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing support@thesparkhost.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

3. Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

4. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

5. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

6. Payment Services

SparkOS is a hospitality technology platform, not a financial or payment institution. Payment transactions and payment accounts offered through the Service in Brazil are operated by Asaas, the licensed payment institution that provides the financial services infrastructure behind the Service.

SparkOS financial services are provided by Asaas

SparkOS is a hospitality technology platform. It is not a financial institution and does not itself hold, process or settle funds. All payment transactions and all payment accounts made available through the platform are opened, maintained and operated by Asaas, a payment institution authorized and regulated by the Central Bank of Brazil.

  • Payment accounts. Payment accounts used in SparkOS are opened and maintained with Asaas, in the user’s own name, and governed by the Asaas terms of use and policies that the user accepts when the account is opened.
  • Transactions. Pix charges, boleto, credit and debit card payments, payment links, transfers and withdrawals are processed and settled by Asaas in its licensed environment.
  • Custody of funds. Funds remain in Asaas’s custody until settlement. SparkOS does not hold, move or take custody of customer or guest funds.
  • SparkOS’s role. SparkOS provides the interface, automation and hospitality data layer that initiate these operations. Asaas is the provider of the financial services infrastructure offered through the platform.
  • Onboarding and compliance. Opening and keeping a payment account is subject to Asaas’s KYC/KYB review, operational limits and anti-money-laundering policies. Asaas may refuse, suspend or close accounts under its own rules and applicable regulation.

Financial services clause

The financial and payment services made available through this platform, including the opening and maintenance of payment accounts, transaction processing, boleto issuance, transfers, payments and any other movement of funds, are provided by ASAAS GESTÃO FINANCEIRA S.A., a payment institution authorized to operate by the Central Bank of Brazil.

SparkOS acts exclusively as a technology integrator and distributor of the product experience. It is not a financial or payment institution and does not carry out financial intermediation in its own name.

The customer acknowledges that the financial and payment relationship and the regulatory responsibility for the services described above belong to ASAAS GESTÃO FINANCEIRA S.A., under applicable regulation.

Cláusula de prestação de serviços financeiros (versão em português, original)

Os serviços financeiros e de pagamentos disponibilizados por meio da presente plataforma, incluindo abertura e manutenção de conta de pagamento, processamento de transações, emissão de boletos, transferências, pagamentos e demais movimentações de valores, são prestados pelo ASAAS GESTÃO FINANCEIRA S.A., instituição de pagamento autorizada a funcionar pelo Banco Central do Brasil.

A SparkOS atua exclusivamente como integradora tecnológica e distribuidora da experiência do produto, não sendo instituição financeira ou de pagamento, nem realizando intermediação financeira em nome próprio.

O cliente declara ciência de que o relacionamento financeiro e de pagamentos e a responsabilidade regulatória pelos serviços acima descritos são do ASAAS GESTÃO FINANCEIRA S.A., nos termos da regulamentação vigente.

Asaas support for end customers

Questions about the platform are handled by SparkOS. For anything related to payment operations (payment account, settlement, receipts, chargebacks or regulatory matters) you can contact Asaas directly:

ASAAS GESTÃO FINANCEIRA S.A. · CNPJ 19.540.550/0001-21 · Payment institution authorized to operate by the Central Bank of Brazil (code 461). Disclosure made under Joint Resolution No. 16/2025 of the Central Bank of Brazil.

7. Contact

For more information or questions about our Terms of Service, please contact us at support@thesparkhost.com.