Effective date: June 27, 2026
These Terms of Service ("Terms") govern your use of the mobile applications developed by Eric Mark ("we," "us," or "our"), including TeachSpark, ShelfSpark, ProofForge, and Tomely (each, an "app"). By downloading, installing, or using an app, you agree to these Terms. If you do not agree, do not use the apps.
You must be old enough to form a binding contract in your jurisdiction to use the apps. If you are a minor, you may use the apps only with the involvement and consent of a parent or guardian. ShelfSpark is intended for use by teachers and other adults, not by children.
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to download and use the apps on Apple devices you own or control, for your personal use (and, for ShelfSpark, your classroom use). You may not copy, modify, distribute, sell, rent, sublicense, reverse engineer, or attempt to extract the source code of the apps, except to the extent that such restrictions are prohibited by applicable law.
You agree to use the apps only for lawful purposes and in compliance with all applicable laws and regulations. You are responsible for any information you enter into an app. In particular, where an app lets you record information about other people — for example, ShelfSpark's book check-in/check-out feature, which lets a teacher enter student names — you are responsible for having any necessary permission to do so and for complying with your institution's policies and applicable laws (such as FERPA or COPPA in the United States).
You own the content and data you create in the apps, such as your books, reading logs, notes, and any classroom records. This data is stored on your device and, if you are signed in to iCloud, in your own private iCloud account. We do not claim ownership of your content and, as described in our Privacy Policy, we do not have access to it. You are responsible for maintaining your own backups; some apps provide an export feature for this purpose.
Some apps rely on third-party services to function. For example, Shelfie and ShelfSpark retrieve book details and cover art from Open Library and Google Books, and sync data through Apple iCloud. Your use of those services is subject to their own terms and policies. We do not control these services, are not responsible for them, and do not guarantee the availability, accuracy, or completeness of any third-party data (for example, book metadata may be missing or incorrect).
The apps are distributed through the Apple App Store, and your use is also subject to Apple's applicable terms, including the Apple Media Services Terms and Conditions and the standard Licensed Application End User License Agreement. You acknowledge that these Terms are between you and us, not Apple, and that Apple is not responsible for the apps or their content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Any maintenance, support, or warranty claims are our responsibility, not Apple's, to the extent provided in these Terms and required by law.
The apps are currently provided free of charge. If we introduce paid features or purchases in the future, those transactions will be processed by Apple and subject to Apple's terms, and any additional terms will be presented to you at that time.
The apps are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the apps will be uninterrupted, error-free, or that any data they retrieve will be accurate. You use the apps at your own risk.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising out of or relating to your use of the apps. To the extent we are found liable, our total liability will not exceed the greater of the amount you paid for the app (if any) or ten U.S. dollars (US$10).
We may modify, update, suspend, or discontinue any app or any of its features at any time, with or without notice.
We may update these Terms from time to time. Material changes will be posted on this page with an updated effective date. Your continued use of an app after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws principles, except where applicable local consumer-protection laws give you additional rights.
If you have any questions about these Terms, contact us: