Terms of Service

3.1 One Account Per Person

Each individual may hold only one account on the Platform. Creating multiple accounts to circumvent bans, age verification, or Platform rules is prohibited and will result in permanent banning of all associated accounts.

3.2 Accurate Information

You must provide accurate, current, and complete information at registration and must keep that information updated. Providing false information (including but not limited to date of birth, name, or contact details) is a breach of these Terms.

3.3 Username Rules

Your username must not: impersonate any real person or brand; contain offensive, discriminatory, or obscene language; be misleading as to your identity; or violate any applicable law. We reserve the right to reclaim or modify usernames that violate these rules.

3.4 Account Security

You are responsible for all activity that occurs under your account. You must keep your login credentials confidential and must not share your account with any other person. You must notify us immediately at hello@sparkd.social if you suspect unauthorised access to your account. We are not liable for losses arising from your failure to maintain the security of your credentials.

3.5 Google OAuth Accounts

If you register via Google OAuth, your account is linked to your Google identity. You must ensure your Google account remains secure. Disconnecting Google Sign-In can be done in Settings, after which you must set a separate Platform password.

4.1 RSVP Process

RSVPs are subject to the host’s approval settings. For events with manual approval, your RSVP is pending until the host approves it. For events with automatic approval and a paid ticket, your RSVP is confirmed upon successful payment. Your booking reference (format: SPK-YYYY-XXXXXX) is your proof of attendance.

4.2 Event Location Confidentiality

The exact event address is revealed to you only after your RSVP is confirmed. You must not share the exact event location with non-attendees without the host’s explicit permission. Sharing private event location data undermines the privacy of the host and other guests and is a violation of these Terms.

4.3 Attendance Conduct

You must attend events in a respectful manner, comply with the host’s stated event rules, comply with all applicable laws (including any venue rules and Nepal law), and treat other attendees with respect. The Platform is not responsible for your conduct at events — you bear full personal responsibility.

4.4 Age Verification at the Door

For age-restricted events, hosts may request to verify your age at the venue entrance. You must carry valid government-issued ID and present it when requested. If you cannot prove your age at the door, the host may deny you entry. In such case, the standard refund policy based on cancellation timing applies (see Section 6.4).

4.5 Invite-Only Events

Free events are invite-only and require an invite token in the event URL. If you received an invite link, you must not share it with persons who were not intended to receive it. Unauthorised distribution of invite tokens is a violation of these Terms and the privacy of the host.

5.1 Host Verification Tiers

Hosts are classified into verification tiers. Higher tiers unlock reduced platform commission rates and additional platform features:

5.2 Free Events

Free events are zero-commission. They require an invite token in the URL (guests cannot find them via discovery without the token). Free event hosting is available to all verified accounts:

• Up to 50 guests: free with no listing fee
• Up to 300 guests: available for a one-time capacity extension fee of NPR 999

5.3 Paid Events

Paid events are publicly discoverable (unless made private by the host). A one-time listing fee is charged at the time of publication. The Platform retains the applicable commission percentage (see Section 5.1) from each ticket sale. The host receives the remainder as a payout. All commission calculations are performed server-side — hosts may not modify or override the commission calculation.

5.4 Host Responsibilities

As a host, you are solely responsible for:

• The accuracy of all event information (date, time, location, description, price)
• The safety and lawfulness of your event
• Complying with all applicable Nepali laws, including venue licensing requirements, noise ordinances, and age-restriction laws
• Enforcing the event’s stated age minimum at the venue entrance
• Communicating material changes (date, time, location changes) to confirmed guests promptly
• Not sharing the exact event location with guests before their RSVP is confirmed
• Handling guest data received from the Platform in compliance with applicable law (see Privacy Policy Section 10)

5.5 Prohibited Event Content

You may not create events that:

• Are illegal under Nepali law or the law of any jurisdiction where the event takes place
• Promote or facilitate violence, terrorism, or any criminal activity
• Discriminate on the basis of race, caste, ethnicity, religion, sex, sexual orientation, disability, or any other protected characteristic under Nepal law
• Involve or promote child sexual abuse material (CSAM) or exploitation of minors in any form
• Are fraudulent, fake, or knowingly misrepresent material facts
• Are designed to defraud guests or harvest their personal information
• Involve human trafficking or any form of exploitation

We reserve the right to remove any event and terminate any host account that violates these prohibitions, without prior notice and with no liability to the host.

5.6 Permanence of Completed Events

Once an event has at least one confirmed attendee, it is considered “completed” for data purposes (even if the event is in the future). Completed events cannot be deleted from the Platform — they remain live permanently to preserve attendee records and SEO integrity. If your account is closed after hosting completed events, those events remain published with “[Former Host]” attribution.

5.7 Draft Event Expiry

Event drafts that remain unpublished for 90 days will receive an automated warning. If not published or deleted within a further 30 days (120 days total), the draft may be automatically archived.

6.1 Current Payment Method — Manual QR

During the current phase of Platform operation, payments for paid event tickets are made via QR code. The guest scans the host’s payment QR code (e.g., eSewa, Khalti, or bank QR) and transfers the ticket price directly. The guest then uploads a screenshot of the payment confirmation to the Platform. The Platform records this transaction and the host is notified.

Manual QR payments are made directly from guest to host. The Platform does not hold or custody these funds. The Platform records the transaction and manages the commission settlement at payout time.

6.2 Future Payment Gateway Integration

The Platform plans to integrate payment gateways (Khalti, eSewa, Razorpay, Stripe) in a future release. When these integrations are live, separate payment terms specific to each gateway will apply in addition to these Terms. We will provide 30 days’ notice before activating gateway payments.

6.3 Commission Structure and Host Payouts

The Platform retains a commission from each paid ticket sale, calculated as a percentage of the ticket face value. The commission rate depends on the host’s verification tier (see Section 5.1). The host’s payout is the ticket price minus the applicable commission.

Important: The host’s payout (80%, 82%, or 85% depending on tier) is never reduced by referral discounts or promotional offers. Any referral discount is funded from the Platform’s commission share only.

Host payouts are processed within 7 Nepali business days of the event completion date (the day after the event ends). Payouts may be delayed if a payment dispute is open or if the Platform suspects fraud.

6.4 Refund Policy

The following refund schedule applies to all paid events on the Platform. Refund amounts are calculated on the ticket price paid by the guest (not including any fees already paid to third-party payment processors).

Exceptions — No Refund in the Following Circumstances:

• Guest is denied entry for failing to verify age at the door
• Guest’s account is suspended or terminated for violation of these Terms before the event
• Guest’s RSVP is cancelled by the Platform due to discovered age fraud
• Guest chooses not to attend without cancelling in advance (no-show)

Under Nepal’s Consumer Protection Act, 2075 (2018), you have statutory rights as a consumer. This refund policy is designed to comply with those rights; nothing in this policy is intended to waive any rights you have under applicable consumer protection law.

6.5 Payment Disputes

If you believe there is an error or fraud in a payment transaction, you must raise a dispute within 48 hours of the event date by emailing hello@sparkd.social with your booking reference and the specific issue. We will investigate and respond within 5 Nepali business days. Host payouts may be held pending resolution of a dispute.

6.6 Listing Fees (Non-Refundable)

The one-time listing fee charged at publication of a paid event is non-refundable, including in cases where the event is subsequently unpublished or cancelled by the host. The listing fee covers the cost of Platform distribution and processing.

7.1 Your Ownership

You retain ownership of all content you create and post on the Platform, including event descriptions, event photos, and reviews (“User Content”).

7.2 Licence to the Platform

By posting User Content on the Platform, you grant Black Snow a worldwide, non-exclusive, royalty-free, sublicensable licence to: host, store, display, reproduce, and distribute your User Content on and through the Platform; use event photos in Platform marketing materials (social media, promotional materials for the Platform) with attribution where reasonably practicable; and create thumbnails or compressed versions of images for performance. This licence continues for the lifetime of the content on the Platform, including after your account is closed (for completed event content that remains live).

7.3 Your Warranties

By posting User Content, you represent and warrant that: (a) you own the content or have the right to grant us the licence above; (b) the content does not infringe any third party’s intellectual property rights, privacy rights, or any other rights; (c) the content is accurate and not misleading; and (d) the content complies with these Terms and all applicable law.

7.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or applicable law, without prior notice and without liability. We will notify you after removal where it is reasonable to do so.

7.5 Review Permanence

Reviews are permanently associated with events and cannot be deleted by the reviewer after posting (they may be edited within 24 hours of posting). If your account is deleted, your reviews are anonymised to “[Deleted Account]” but the review text remains. This is necessary to maintain the integrity of event quality records for the Platform community.

7.6 Platform Intellectual Property

The Platform’s own content, design, logo, trademarks, and software are owned by or licensed to Black Snow. You may not use, copy, or distribute any Platform intellectual property without our prior written consent.

11.1 Termination by You

You may close your account at any time from Settings > Account > Delete Account. Refer to our Privacy Policy Section 8.3 for the full account deletion lifecycle. Closing your account does not extinguish any obligations that arose before closure (including outstanding payments or unresolved disputes).

11.2 Suspension or Termination by the Platform

We may suspend or terminate your account, with or without prior notice, for any of the following reasons:

• Violation of any provision of these Terms
• Age fraud or misrepresentation of identity
• Fraudulent payment activity
• Creating illegal, harmful, or fraudulent events
• Harassing or abusing other users
• Legal requirement or court order
• Behaviour that, in our reasonable judgement, is likely to cause harm to other users, the Platform, or Black Snow

11.3 Effect of Termination

On termination by us: all active RSVPs may be cancelled (with refund entitlement governed by Section 6.4 and the circumstances of termination); access to the Platform is immediately revoked; your data enters the retention and anonymisation lifecycle described in the Privacy Policy; completed event records and reviews remain on the Platform per the terms described above.

11.4 Appeal

If you believe your account was suspended or terminated in error, you may appeal by emailing hello@sparkd.social within 30 days of termination with the subject “Account Termination Appeal.” We will review the appeal and respond within 10 Nepali business days. Our decision on appeal is final.

12.1 Platform as Intermediary

Sparkd Social is an intermediary platform under Nepal’s Electronic Transactions Act, 2063 (2006). We connect hosts and guests. We are not a party to the transaction between host and guest, we are not the organiser of any event, and we are not responsible for what happens at events.

12.2 Warranty Disclaimer

The Platform is provided “as is” and “as available” without any warranty of any kind, express or implied, including but not limited to: warranties of merchantability, fitness for a particular purpose, accuracy of event information, or uninterrupted service. We do not warrant that the Platform will be free from errors, bugs, or security vulnerabilities, though we work diligently to minimise these.

12.3 Events We Are Not Liable For

We are not liable for:

• The conduct of any host or guest at any event
• Events that are cancelled, postponed, or materially changed by the host
• Event content that is inaccurate or misleading (that is the host’s responsibility)
• Harm suffered by guests at events, including physical injury, property damage, or emotional distress
• Failure of a host to enforce age restrictions at the venue entrance
• Loss or damage arising from Platform downtime, maintenance, or technical failures
• Loss or damage arising from unauthorised access to your account due to your failure to secure your credentials
• Decisions made by third-party payment processors

12.4 Liability Cap

To the maximum extent permitted by Nepal law (including the Consumer Protection Act, 2075), our total aggregate liability to you for any claim arising from your use of the Platform shall not exceed the total amount you paid to the Platform (as commission or listing fees, not including amounts paid directly to hosts) in the 3 months immediately preceding the event giving rise to the claim. Nothing in this clause limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by Nepal law.

12.5 Host Liability

Each host is independently liable for their event. Hosts indemnify Black Snow and hold it harmless from and against any claim, liability, loss, damage, cost, or expense (including legal fees) arising from: the host’s event or conduct; the host’s breach of these Terms; any claim by a guest or third party arising from the host’s event; or the host’s violation of any applicable law.

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Nepal, including without limitation:

• Electronic Transactions Act, 2063 (2006)
• Consumer Protection Act, 2075 (2018)
• Individual Privacy Act, 2075 (2018)
• Company Act, 2063 (2006)
• Contract Act, 2056 (2000)

15.2 Dispute Resolution — Three-Step Process

Step 1 — Direct Negotiation: Before commencing any formal dispute process, the aggrieved party must notify the other party in writing (email to hello@sparkd.social) and attempt to resolve the dispute by good-faith negotiation for at least 15 days.

Step 2 — Mediation: If direct negotiation fails, the parties agree to attempt mediation before a mutually agreed mediator in Kathmandu. The cost of mediation shall be shared equally unless the mediator directs otherwise.

Step 3 — Litigation: If mediation fails, disputes shall be resolved by the competent courts of Nepal. Both parties submit to the exclusive jurisdiction of the Kathmandu District Court (or, for matters above its jurisdictional limit, the Patan High Court or Supreme Court of Nepal as appropriate).

15.3 Consumer Rights

Nothing in this dispute resolution clause limits your right to file a complaint with Nepal’s consumer protection authorities under the Consumer Protection Act, 2075 (2018) or to seek any statutory remedy available to you as a consumer under Nepal law.

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Black Snow in respect of the Platform and supersede all prior agreements, representations, and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the Terms and the remainder of the Terms shall continue in full force and effect.

16.3 No Waiver

Failure by either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign your rights or obligations under these Terms to any third party without our prior written consent. Black Snow may assign its rights and obligations under these Terms to a successor entity in a merger, acquisition, or restructuring, with 30 days’ notice to you.

16.5 Platform Availability

We aim to keep the Platform available at all times, but we do not guarantee uninterrupted access. We may take the Platform offline for maintenance, updates, or emergency security responses. We will aim to provide advance notice of scheduled maintenance via Platform notifications or email where practical.