Please read these Terms & Conditions carefully before registering, accessing, or utilizing the Spark ATS recruitment platform and services.
Spark ATS ("Platform", "Service", "we", "us", or "our") is a cloud-based applicant tracking software service operated by Comspark Innovinfra ("Provider"). Spark ATS provides recruitment operations software designed for corporate recruiting teams, recruitment agencies, and talent acquisition professionals.
All communications, contractual notices, and inquiries concerning these Terms should be addressed through the contact channels set forth in Section 31.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "Subscriber", "you") and Comspark Innovinfra. By checking the acceptance box during registration, signing an order form, or logging into a Spark ATS workspace, you acknowledge that you have read, understood, and agree to be bound by these Terms and the companion Spark ATS Privacy Policy.
Your electronic affirmative agreement during registration constitutes a valid digital signature having the same legal effect as a handwritten signature under applicable electronic transaction legislation.
Spark ATS is provided as a Software-as-a-Service (SaaS) subscription platform delivered over the Internet. The service enables organizations to:
Spark ATS does not provide recruitment staffing, legal advice, employment guarantees, or candidate placement services. The service is strictly a technological tool utilized by the Customer's internal recruitment personnel.
By registering for a Spark ATS workspace, you represent and warrant that:
Upon registration, a dedicated organization tenant workspace is provisioned, identified by a unique workspace slug (e.g., your-company). The registering user is established as the primary Organization Administrator.
You are solely responsible for maintaining the confidentiality of administrative credentials, passwords, and user desks created within your workspace. You agree to notify Spark ATS immediately upon discovery of any unauthorized account access or security compromise.
Spark ATS operates on a multi-tenant software architecture. Customer data—including candidate profiles, vacancy records, pipeline configurations, and recruiter accounts—is strictly partitioned by organization tenant identifier (company_id).
We implement tenant-scoping controls across database queries and administrative actions to ensure that one organization cannot access, inspect, or modify another organization's confidential candidate or vacancy information.
Organization Administrators may create and manage authorized user accounts ("Recruiter Desks", "Staff Users") within the seat limits specified by the Customer's active subscription tier.
Customer is responsible for all activity conducted under its authorized user accounts. Recruiter accounts may not be shared among multiple individuals; each authorized user must maintain dedicated login credentials.
Spark ATS enforces plan-specific usage quotas across its available subscription tiers (including the Free Trial, 1 Month Plan, and 6 Months Plan, or custom enterprise terms) as published on our Pricing Page. Quotas govern:
When an account reaches a plan quota, further creation of vacancies, candidate intake, or staff accounts is blocked by the platform until the quota is expanded via plan upgrade or existing records are retired/archived in accordance with plan rules.
Spark ATS offers a promotional Free Trial (currently configured for seven [7] calendar days, subject to platform system settings) to eligible organizations. The Free Trial includes:
Upon expiration of the Free Trial period, workspace access to candidate management, resume parsing, and vacancy publishing is locked until an active paid subscription plan is selected. Trial data is retained during a grace period to permit seamless upgrade.
Subscription fees are published on our Pricing Page. Spark ATS billing operates as follows:
We reserve the right to modify subscription pricing upon reasonable advance notice. Any price changes will apply solely to subsequent billing cycles and not retroactively to prepaid terms.
Subscriptions are billed on a prepaid basis for each subscription interval (monthly or annual). Access to paid workspace features is contingent upon timely payment receipt.
Subscription fees are exclusive of all applicable federal, state, local, or value-added taxes (including GST/VAT), which shall be calculated and collected where legally mandated or remain the responsibility of the Customer.
You grant Spark ATS a limited, non-exclusive, revocable license to host, process, extract, transmit, and display Customer Data solely to the extent necessary to deliver the ATS service to your organization. Spark ATS will never sell, lease, or publicly disclose Customer Data.
Spark ATS, its software codebase, database schemas, resume parsing algorithms, Kanban pipeline visual layouts, user interface designs, logos, trademarks, and documentation are the exclusive intellectual property of Comspark Innovinfra.
Nothing in these Terms conveys to the Customer any title or ownership in the platform software. All rights not expressly granted to the Customer are reserved by Comspark Innovinfra.
You are responsible for establishing a lawful basis for processing applicant data, providing mandatory privacy notices to candidates, and obtaining any legally required applicant consent before uploading or importing resumes into Spark ATS.
You agree not to use the platform to engage in any prohibited conduct, including:
Violation of this Acceptable Use Policy authorizes Spark ATS to suspend or immediately terminate workspace access without refund.
Spark ATS does not guarantee 100% parsing accuracy across every resume document format, layout, or language. Algorithmic extractions must be verified by human recruiters. The platform does not make autonomous employment or hiring decisions.
The Customer retains sole and ultimate responsibility for all hiring decisions, candidate evaluations, interview processes, job offers, rejections, and compliance with applicable labor, equal opportunity, and non-discrimination laws.
Spark ATS disclaims any and all liability arising from hiring decisions, employment disputes, discrimination claims, or labor controversies involving the Customer and its applicants or employees.
The platform utilizes third-party payment processing infrastructure (PayPal) and transactional email delivery services (SMTP). Your use of third-party payment services is subject to the applicable user agreements and privacy policies of those providers.
Spark ATS is not liable for third-party payment processor service interruptions, banking failures, currency fluctuations, or external network outages beyond our reasonable control.
Spark ATS implements industry-standard technical and organizational security measures to protect Customer Data against unauthorized access, loss, or alteration. These measures include:
Customer Data is maintained within the platform throughout the active subscription term. Following subscription expiration or trial conclusion, customer data remains securely preserved within the inactive tenant workspace to enable account renewal or data export.
In the current platform release, automated permanent data deletion is not executed. Customer Administrators may manually delete candidate records or request workspace decommissioning in writing. Spark ATS reserves the right to archive or purge inactive accounts during scheduled maintenance.
"Confidential Information" encompasses all proprietary information disclosed by one party to the other, including customer candidate databases, platform technical documentation, and pricing terms.
Each party agrees to hold the other's Confidential Information in strict confidence, exercising at least the same degree of care it employs for its own confidential assets, and not to disclose such information to third parties except as expressly authorized herein.
We endeavor to maintain high service availability and platform responsiveness. However, Spark ATS is provided on a commercially reasonable best-efforts basis without a formal financially-backed service level agreement (SLA) unless specifically executed under an Enterprise contract.
Platform maintenance windows will be scheduled, where feasible, during off-peak hours with prior notice posted to administrative dashboards.
Spark ATS continuously evolves and updates its platform features, workflows, and technical infrastructure. We reserve the right to update these Terms to reflect operational, legal, or regulatory modifications.
Document versions are recorded in our auditable database. Substantial revisions will be notified via email or workspace alerts. Continued use of Spark ATS after effective date of revised Terms constitutes acceptance.
The agreement commences upon registration and continues until terminated by either party. You may cancel your subscription at any time through your workspace billing settings.
Spark ATS may terminate or suspend workspace access immediately upon written notice if Customer materially breaches these Terms, fails to satisfy subscription fees, or engages in fraudulent or abusive conduct.
Upon termination, Customer's right to access the workspace ceases immediately. During the thirty (30) day post-termination grace period, Customer may request an export of candidate records upon settlement of any outstanding balances.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPARK ATS IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
We do not warrant that the platform will operate completely uninterrupted, bug-free, or entirely secure from sophisticated cyber-threats.
To the fullest extent permitted by applicable law, in no event shall Comspark Innovinfra, its directors, officers, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, revenue, or business opportunities).
Our total aggregate liability arising out of or relating to these Terms or your use of the platform shall not exceed the total subscription fees actually paid by you to Spark ATS in the twelve (12) months preceding the incident giving rise to liability.
You agree to defend, indemnify, and hold harmless Comspark Innovinfra, its officers, employees, and agents against any claims, liabilities, damages, losses, or legal costs arising out of:
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms shall first be submitted to mutual good-faith informal discussions. In the event informal discussions fail, the courts located in Hyderabad, Telangana, India shall possess exclusive jurisdiction.
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy and any applicable order form, constitute the entire agreement between the parties regarding the subject matter herein.
Formal legal notices, inquiries regarding these Terms, or subscription questions should be directed to: