Last updated: September 29, 2026
These Terms of Service ("Terms") are an agreement between you and Vivid Spark Technology, a brand of VIVYLANDS LLC, a North Carolina limited liability company ("we," "us," or "our"). They cover your use of vividsparktech.com (the "Site") and any purchase you make from us, including subscriptions to our software products (each a "Product"). By using the Site or buying a Product you agree to these Terms.
Each Product also has its own terms, which apply alongside these and control where the two differ for that Product. For Vivid Salons, see the Vivid Salons Terms of Service and Privacy Policy.
Vivid Spark Technology is a software studio operated by VIVYLANDS LLC, based in North Carolina, United States. We build and sell software for small businesses, starting with Vivid Salons, a salon operations platform for nail salons and independent technicians.
To buy or use a Product you may need an account. You agree to give accurate information, keep your sign-in details secure, and tell us promptly about any unauthorised use. You are responsible for what happens under your account. You must be at least 18 and able to form a binding contract, and if you act for a business you confirm you are authorised to bind it.
Payments are non-refundable, including for partial periods, unused features, or a plan you downgrade or cancel, except where the law requires otherwise or a Product's own terms say so. For example, the Vivid Salons terms turn remaining full months of a prepaid yearly plan into account credit when a salon closes. If you believe you were charged in error, contact us within 30 days of the charge at Support@vividsparktech.com and we will look into it.
You agree to use the Site and Products lawfully and not to: break any law or someone else's rights; send spam or unlawful messages through a Product; try to gain unauthorised access to, interfere with, or overload our systems; copy, resell, or reverse-engineer a Product except as the law allows; or use a Product to build a competing service.
You keep ownership of the business and customer information you put into a Product. You give us permission to host and process it only to provide, secure, and support the Product. How we handle personal information is described in our Privacy Policy and in each Product's privacy policy.
The Site and Products, including their software, design, logos, and content, belong to VIVYLANDS LLC or its licensors. A subscription gives you a limited, non-exclusive, non-transferable right to use the Product for your own business during your subscription; no other rights are granted.
Our Products rely on services we do not control, such as Stripe for billing, Square for in-person card payments, Twilio for text messages, and Google Cloud for hosting. Their own terms govern what they do, and we are not responsible for their acts or outages.
You may stop using the Site or a Product at any time; section 3 covers what happens to a paid subscription. We may suspend or end access if you break these Terms, if payment cannot be collected, if your use risks harm to others or to our services, or if the law requires it. Where reasonable, we will tell you first and give you a chance to fix the problem.
THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THOSE TWELVE MONTHS OR ONE HUNDRED US DOLLARS ($100).
Some jurisdictions do not allow these exclusions or limits; where that is so, they apply to the greatest extent the law allows.
You agree to defend and indemnify VIVYLANDS LLC and its officers, employees, and agents against claims, losses, and reasonable legal fees arising from your use of the Site or a Product, the content you upload, or your breach of these Terms or of any law.
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Please contact us first; most problems can be solved quickly. Any dispute that we cannot resolve is handled as set out in the dispute-resolution section of the applicable Product's terms; where there is none, the state and federal courts in Mecklenburg County, North Carolina have exclusive jurisdiction, and you consent to venue there.
We may update these Terms from time to time. If a change is material we will give reasonable notice before it takes effect, by email, in the Product, or on this page. Continued use after that means you accept the updated Terms. If you do not agree, stop using the Site and cancel any subscription under section 3.