Terms of Service

Section 1. Welcome to Spark Perceptions!

This page contains our Terms of Service. When you use Spark Perceptions, you're agreeing to all the rules below. By using this website (the "Site"), participating in any campaign for any of our products (each, a "Campaign"), and by using any of the services (together with the Site, the "Services") offered by Spark Perceptions Technology, Inc., and its affiliates, and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors—collectively, "Spark Perceptions," "we," or "us"), you are agreeing to these legally binding rules (these "Terms" or "Terms of Service"). You're also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow any other rules on the Site, which are incorporated in these Terms by reference. In addition to the Site, Services means other services offered by Spark Perceptions from time to time.

We may update these Terms from time to time as laws, our Services and practices change. We encourage you to review these Terms periodically. If you keep using Spark Perceptions after a change, we will assume you accept the current version. These Terms may be translated into another language for your convenience. In the event of a conflict between the English version and any translations, the English version shall control.

Spark Perceptions is for your personal, non-commercial use, except as explained in section 4 and section 5 below.

Section 2. About Creating an Account

You must be 21 years old or over to sign up for a Spark Perceptions account, to make any Contributions, to purchase any EZ-UP Aurora products, and to receive any rewards, as noted in our Age Policy. You're responsible for your account and all of the activities on it.

You can browse the Site without registering for an account. But to use some of Spark Perceptions' functions, you'll need to sign up, which includes choosing a username and setting a password. Such information is subject to our Privacy Policy. When you do that, all of the information you give us has to be accurate and complete. Don't impersonate anyone else or choose names that are offensive or that violate anyone's rights. If you don't follow these rules, we may terminate your account.

You're responsible for all the activity on your account, and keeping your password confidential. If you find out that someone else has used your account without your permission, you should report it to support@sparkperceptions.com.

Section 3. Things You Definitely Shouldn't Do (Code of Conduct)

This section is a list of things you probably already know that you shouldn't do—lie, break laws, abuse people, steal data, hack other people's computers, and so on. Whether you are a visitor, collaborator or backer, don't do any of the things listed below on the Site. We reserve the right to take any action we think appropriate if you do so, including suspending or terminating your account

• Don't break the law. Don't take any action that infringes or violates other people's rights, violates the law, or breaches any contract or legal duty you have toward anyone.
• Don't lie to people. Don't post information you know is false, misleading, or inaccurate. Don't do anything deceptive or fraudulent.
• Don't victimize anyone. Don't do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person's privacy.
• Don't spam. Don't distribute unsolicited or unauthorized advertising, marketing or promotional material, or any junk mail, spam, or chain letters. Don't run mail lists, listservs, or any kind of auto-responder or spam on or through the Site, including in comments you post to projects you back.
• Don't harm anyone's computer. Don't distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Spark Perceptions or another party).

We also need to make sure that the Site is secure and our systems function properly. So don't do any of the things listed below—most of which boil down to "don't mess with our system."

• Don't try to interfere with the proper workings of the Services.
• Don't bypass any measures we've put in place to secure the Services.
• Don't try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Spark Perceptions or another party.
• Don't take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what's reasonable.)
• Don't use any kind of software or device (whether it's manual or automated) to "crawl" or "spider" any part of the Site.
• Don't take apart or reverse engineer any aspect of Spark Perceptions in an effort to access things like source code, underlying ideas, or algorithms.

Section 4. The EZ-UP Aurora Campaign

We are currently launching a campaign to help fund the development and launch of the EZ-UP Aurora, the world's first fully automated combustion based smoking pipe, together with the EZ-UP Grinder, Mouth-piece Extension, EZ-UP Aurora Cap, and other accessories listed on our website from time to time (collectively, the "EZ-UP Aurora Campaign").

The details and additional terms and conditions applicable to the EZ-UP Aurora Campaign can be found in the EZ-UP Aurora Campaign Terms, which are incorporated by reference in these Terms. The Addendum explains the relationship between Spark Perceptions and backers of the EZ-UP Aurora Campaign (referred to as "Contributors"), and who's responsible for what, including the details of backing and creating the Campaign, how funds get collected, whether pledges can be changed or canceled, and how we can contact Contributors to provide Rewards, as defined in the EZ-UP Aurora Campaign Terms. When you contribute as a backer to the EZ-UP Aurora Campaign, you are agreeing to be bound by these Terms and the EZ-UP Aurora Campaign Terms.

Section 6. Stuff We Don't Do and Aren't Responsible For

We don't mediate disputes between users. Spark Perceptions isn't liable for any damages or losses related to your use of the Services. We don't become involved in disputes between users, or between users and any third party relating to the use of the Services. When you use the Services, you release Spark Perceptions from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You're solely responsible for any resulting damage or loss to any party.

Section 7. Payments

Our online store is currently hosted on Shopify Inc. ("Shopify"), which provides us with our online e-commerce platform that allows us to sell our products to you. In addition, payments made for the purchase of Spark Perceptions products and Contributions made to the EZ-UP Aurora Campaign are currently handled by Authorize.net, a secure online payment platform that encrypts your card and/or banking details in a secure host environment. By submitting your order, you agree to Authorize.net to process your payment.

You can find the available payment methods during the checkout process. Credit card payment, including recurring charges, are handled through Authorize.net. The secure online payment processor collects your payment information for transaction processing, and Spark Perceptions does not store any credit card details on our site or in our customer database. For more information, please review our Privacy Policy and Authorize.net Privacy Statement (https://www.authorize.net/en-anz/about-us/privacy.html) This payment processor is its own independent company, and Spark Perceptions isn't responsible for their actions.

Authorize.net stores your payment information. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, JCB and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

By placing your order and contributing to the EZ-UP Aurora Campaign, you authorize us and Authorize.net to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports for example in order to authenticate your identity. Your data is stored through Authorize.net data storage, databases and the general application. Your data will be stored on a secure server behind a firewall. For more information, please see our Privacy Policy. You should also read Authroize.net Privacy Statement (https://www.authorize.net/en-anz/about-us/privacy.html)

As a condition for Spark Perceptions to enable payment processing services through Authorize.net, you agree to provide Spark Perceptions accurate and complete information about yourself and your business, and you authorize Spark Perceptions to share any such information with Authorize.net, as well as transaction information related to your use of the Authorize.net payment processing services. In all cases, standard credit card or other third-party processing fees apply. We are not responsible for the performance of any third-party credit card processing or third-party payment services.

Our payment processor fees may vary slightly based on your location. If we change our fees, we'll announce that on our Site.

You are responsible for paying any additional fees and all local, state, federal or other taxes and assessments associated with your use of Spark Perceptions.

Section 8. Other Websites

If you follow a link to another website, what happens there is between you and them—not us.

Spark Perceptions may contain links to other websites. For instance, project pages, user profiles, and comments may link to other sites. When you access third-party websites, you do so at your own risk. We don't control or endorse those sites. Spark Perceptions partners with other companies (such as Authorize.net) for payment processing. When you make a payment on our site or back a Campaign, you're also agreeing to the payment processor's terms of service and privacy policy.

Section 9. Your Intellectual Property

We don't own the content you post on Spark Perceptions (including product reviews), but you do grant us permission to use or copy it however we may need or deem appropriate. Ultimately, you're responsible for the content you post, and you're promising us that it's ok to use.

Spark Perceptions doesn't own content you submit to us (your "Content"). But we do need certain licenses from you in order to perform our Services. When you submit Content to us via email, through the Site and Services, or by any other means, you agree to these terms:

• We can use the Content you've submitted. You grant to us, and others acting on our behalf, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, reproduce, make derivative works, publicly display, publicly perform, distribute, disseminate, communicate, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote Spark Perceptions products and Campaigns and to showcase our community on the website.
• When we use the Content, we can make changes, like editing or translating it. You grant us the right to make derivative works of your Content. This may include edits, modifications, reformatting, excerpting, or translating any of your Content.
• You won't submit stuff you don't hold the copyright for (unless you have permission to grant us these rights in turn). Your Content must not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material and can pass those permissions along to us, or you are otherwise legally entitled to post the material (and to grant Spark Perceptions all of the license rights outlined here).
• Any royalties or licensing fees owed by you to third parties are solely your responsibility. You will pay all royalties and other amounts owed to any person or entity associated with your Content, or that may be due as a result of posting that Content on Spark Perceptions.
• You promise that if we use your Content, we're not violating anyone's rights or copyrights. If Spark Perceptions or its users exploit or make use of your submission in the ways contemplated in these Terms you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• You're responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is solely your responsibility.
• We're not responsible for mistakes in your Content. Spark Perceptions is not liable for any errors or omissions in any Content.

Section 10. Spark Perceptions' Intellectual Property

The content on Spark Perceptions is protected in various ways. You may use it for certain personal non commercial purposes only. You must ask us for permission before using it for any commercial purpose or advantage.

Spark Perceptions' Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

Spark Perceptions grants you a non-exclusive, worldwide, non-sublicensable, non-transferable, revocable license to reproduce content from the Services for personal non-commercial use only. This license covers both Spark Perceptions' own protected content and user-generated content on the Site. If you want to do anything else with content on our Site, such as use it for commercial advantage or for a commercial purpose, you need prior written permission from Spark Perceptions or the relevant copyright holder. A "commercial purpose" means any use, sale, license, rent, or other exploitive or commercial use.

Section 11. How We Deal with Copyright Issues

Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is using the site or our Services to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to Spark Perceptions Technology, Inc. via Email to: support@sparkperceptions.com.

Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located on the Services;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

We will promptly terminate the accounts of users that are determined by us to be repeat infringers.

Section 12. Deleting Your Account

You can delete your account at any time, but doing so may not automatically remove all content.

You can delete your account at any time by sending request to support@sparkperceptions.com. As permitted by law, we may retain certain information such as information necessary for our legitimate business purposes. These Terms remain in effect as to your prior and any ongoing use of our Site and Services by you, including our rights regarding any Content you've already submitted to the Site. You can contact us at support@sparkperceptions.com for additional information.

For more information about account deletions and what it involves, visit our Privacy Policy.

Section 13. Our Rights

To operate, we need to be able to maintain control over what happens on our Site. We reserve the right to make decisions and to take any action we believe necessary or appropriate to protect the health and integrity of our system. We don't exercise these powers lightly, and we only use them when necessary.

To protect the health and integrity of our system and to help ensure that our backers enjoy a safe and secure environment, Spark Perceptions reserves these rights:

• We can make changes to the Spark Perceptions Site and Services without notice or liability at any time.
• We have the right to decide who's eligible to use Spark Perceptions. We may in limited circumstances impose restrictions or limitations on accounts. For particularly significant or repeated violations of our Terms or any other rules on the Site, we may cancel accounts or decline to offer our Services. (Especially if you're abusing them.) We can change our eligibility criteria at any time. If our Services are prohibited by law where you live, then you may not use our Site or our Services, and our Site and Services are not available and may not be used by you.
• We have the right to cancel and return any pledge to any Campaign, at any time and for any reason.
• We have the right to cause funds to be withheld to comply with laws and regulations.
• We have the cancel and return and pledge to a Campaign and the right to force refunds of amounts collected by our payment processor prior to payout if we deem it necessary, appropriate or desirable in order to resolve any dispute that may arise between Spark Perceptions and any third party related to the our Site or Services.
• We have the right to verify your identity and investigate your account details at any time. You agree to cooperate promptly with our verification requests and investigations, including by engaging with us through any reasonable means (such as live video sessions) and providing us with additional information as we may request, for the legitimate purposes of protecting the integrity of our platform and preventing fraud or other wrongful conduct. If you refuse to cooperate, we may cancel your pledge and/or your account, force refunds, or take any other action we deem appropriate in our sole discretion.

Spark Perceptions is not liable for any damages as a result of any of these actions.

It is our general policy not to comment publicly on the underlying reasons or the details of any such action. However, if we take any action in reliance on these rights, we will let the account holder know the reasons for this action and whether, if at all, they can remedy any issues except if we're prohibited from doing so by law or in the interest of safety. For account cancellations, we will attempt to let the account holder know the reasons for this action in advance unless we're canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service.

Section 14. Warranty Disclaimer

We work hard to provide you with great services, but we can't guarantee everything will always work perfectly. This Site and the Services are presented and provided as-is, without warranties.

You use our Site and Services solely at your own risk. They are provided to you "as is" and "as available" and without warranty of any kind, express or implied.

SPARK PERCEPTIONS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SPARK PERCEPTIONS SHALL CREATE ANY WARRANTY.

Section 15. Indemnification

If you do something on Spark Perceptions that winds up getting us involved in a dispute or sued, you have to help defend us.

If you do anything that results in our involvement in a dispute or threatened with legal action or sued, or break any of the promises you make in these Terms, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of our Site or Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you'll cooperate and help us in asserting any defenses.

As part of this, by accepting these Terms of Use, you consent to service of process for any action that could be brought against Spark Perceptions, for any reason.

Section 16. Limitation of Liability

To the fullest extent permitted by law, in no event will Spark Perceptions, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Site or Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Spark Perceptions' liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

Section 17. Dispute Resolution and Governing Law

We're located in Massachusetts, and any disputes with us have to be handled in Massachusetts under Massachusetts State law.

We at Spark Perceptions encourage you to contact us if you're having an issue before resorting to the courts. Our Spark Perceptions support team is on hand and ready to answer your questions. You can visit our Help Center to find articles with information that may resolve your issue. If you still have questions, you can click ["Contact us"] in the Help Center so that one of our support team agents can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free.

If you are based in the European Union and, after contacting us through those channels, you still don't feel as if your issue has been resolved, we may agree with you to engage in mediation to resolve any complaints in good faith. You may address your complaint with one of these two mediation organizations:

• The Centre for Effective Dispute Resolution (CEDR)
• IPOS Mediation

In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Massachusetts and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Spark Perceptions and its Services are deemed a passive website that does not give rise to jurisdiction over Spark Perceptions or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Massachusetts. You agree that if you wish to file, commence, or prosecute any claim, action, lawsuit or proceeding of any kind, at law or in equity, arising out of or relating to these Terms or your use or non-use of Spark Perceptions, you will do so only in a state or federal court located in Suffolk County in the State of Massachusetts, and will not file, commence, or prosecute any such claim, action, lawsuit, or proceeding in any other forum. You hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such claim, action, lawsuit, or proceeding. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

Section 18. The Rest

These are our official terms and our rules for how things work. You can verify any confusing or conflicting information you see elsewhere by referencing what we've explained on this page.

These Terms and the other material referenced in them are the entire agreement between you and Spark Perceptions with respect to the Site and Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Spark Perceptions with respect to the Site and Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Spark Perceptions to exercise any right provided for in these Terms in any way won't be deemed a waiver of any other rights.

These Terms are personal to you. You can't assign them, transfer them, or sublicense them unless you get Spark Perceptions' prior written consent. Spark Perceptions has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Spark Perceptions will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

posting the notice on our SThese updated terms went into effect on June 5th, 2025 at 12 am Eastern Daylight-Saving Time (EDT), and apply to all users of the Site or our Services project on or after that date.

Addendum

EZ-UP Aurora Campaign Terms

This Addendum to the Spark Perceptions Terms of Service goes over the details for backing EZ-UP Aurora, the world's first fully automated combustion based smoking pipe, together with accessories that include the EZ-UP Grinder, Mouthpiece Extension, EZ-UP Aurora Cap, and other accessories listed on our website from time to time (collectively, the "EZ-UP Aurora Campaign"). The Addendum covers matters such as the Rewards offered to our backers, how money gets collected, whether pledges can be changed or canceled, and how Spark Perceptions can contact backers to provide Rewards, and should be read together with Spark Perceptions Terms of Service, which can be found here and which is incorporated by reference in this addendum.

When we launched the EZ-UP Aurora Campaign, we are inviting other people to form a contract with us. Anyone who backs the EZ-UP Aurora Campaign is accepting our offer, and forming that contract, as provided herein.

What is the EZ-UP Aurora Campaign?

The EZ-UP Aurora campaign is an innovative product promotion designed to raise funds for the development and launch of the world's first fully automated combustion smoking pipe, the EZ-UP Aurora, for the United States marketplace. This groundbreaking product marries contemporary technology with a traditional smoking experience, offering consumers a premium smoking experience.

The campaign is designed to engage potential customers and supporters by offering them the opportunity to contribute financially to the production of the EZ-UP Aurora in exchange for certain rewards. We refer to such financial support as "Contributions" or a "pledge". Contributions can be made via our website, where customers can select how many EZ-UP Aurora units they desire to fund, decide on any available customizations they want to make their EZ-UP Aurora units, and select any of the various accessories offered through the Campaign. When you elect to make a Contribution, your credit card will be charged immediately for a NON-REFUNDALBE deposit that equals to 20% of the amount of your Contribution.

Our campaign's objectives are to raise sufficient funds to complete the development and production and marketing of the EZ-UP Aurora, which we believe will be met once we secure Contributions for at least 5,000 EZ-UP Aurora units. If we secure Contributions for at least 5,000 EZ-UP Aurora units, we will consider the campaign to be a success.

Our campaign will commence at 12:00 am EDT on June 5th, 2025 and shall conclude after sixty-one (61) days at 12:00 am EDT on August 5th, 2025 (the "Campaign Term").

What will Contributors receive in return for backing the EZ-UP Aurora Campaign?

Upon successful completion of the EZ-Up Aurora Campaign and the launch of the EZ-UP Aurora product family to the marketplace, each Contributor will receive the EZ-UP Aurora Units, customizations and accessories products it selected and contributed to at the time of its Contribution and based on the product pricing in place at the time the Contributor made its Contribution.

In addition, to show our appreciation to the Contributors, each Contributor that made its Contribution during the Campaign Term will receive the following rewards (the "Rewards"):

EXCLUSIVE DISCOUNTS:

As a Contributor, you will enjoy exclusive discounts on purchases of EZ-UP Aurora products during the Campaign Term, as follows:

• A 15% discount will be applied to the pledge amount that equals to the market value of a single EZ-UP Aurora Smoking Pipe.
• A 15% discount will be applied to the pledge amount that equals to the market value of a single EZ-UP Aurora Smoking Pipe plus an EZ-UP Grinder.
• A 25% discount will be applied to the pledge amount of two EZ-UP Aurora Smoking Pipes with two EZ-UP Grinders.

FREE ACCESSORIES:

For each EZ-UP Aurora Unit that a Contributor pledges during the Campaign Term, the Contributor will receive a complimentary Quarterly Consumable Kit that includes: 1 EZ-UP Aurora Pipe Cap, 3 Mouthpieces Extensions, 1 Back-up Combustion Tray Assembly, 100 Combustion Filter mesh, and 30 Inhale Filter Inserts, valued at $99 USD.

CUSTOMIZED PRODUCTS:

The first 3,000 Contributors to the EZ-UP Aurora Campaign will be entitled to select one free AI customized appearance service to personalize their EZ-UP Aurora Unit, a service valued at $150 USD.

Please note that there are certain limitations on Rewards and all Rewards specified above are only valid during the EZ-UP Aurora Campaign, unless otherwise stated. As a reminder, the Campaign Term starts at 12:00 am EDT on June 5th, 2025 and will conclude 61 days at 12:00 am EDT on August 5th, 2025.

Our commitment to Contributors

Here are the additional terms that govern the agreement between Spark Perceptions and their backers:

During the EZ-UP Aurora Campaign, and especially when the Campaign is successfully funded, we commit to providing our backers with the highest standard of effort, honest communication, and dedication to bringing the EZ-UP Aurora to life.

At the same time, our Contributors agree and acknowledge they're not buying something when they back the EZ-UP Aurora Campaign --- they're helping us to create something new, not ordering something that already exists. There may be changes or delays, and there's a chance something could happen that prevents us from being able to finish the EZ-UP Aurora Campaign, which is not guaranteed.

If we are unable to successfully complete the EZ-UP Aurora Campaign and fulfill Rewards, we will make a reasonable effort to find another way of bringing the EZ-UP Aurora Campaign to the best possible conclusion for our backers. Spark Perceptions will be deemed to have remedied the situation and met our obligations to our Contributors at that time if:

• we post an update that explains what work has been done, how funds were used, and what prevents us from finishing the EZ-UP Aurora Campaign as planned;
• we work diligently and in good faith to bring the EZ-UP Aurora Campaign to the best possible conclusion under the circumstances, in a timeframe that's communicated to backers;
• we are able to demonstrate that we've used funds appropriately; and
• we've been honest and have made no material misrepresentations in our communication to our backers.

Contributor Rights and Obligations

As a Contributor, when you make a Contribution to the EZ-UP Aurora Campaign, you understand that the following Rules and Terms apply (in addition to all other Terms).

These are the terms that apply to all Contributions, whether made during the live campaign or as a late pledge:

• All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
• Spark Perceptions Does Not Guarantee that the Campaign will succeed or that Rewards Will Be Delivered or Deemed Satisfactory. By contributing to the EZ-UP Aurora Campaign, Contributors are supporting an idea and a project they care about and want to help make happen. Like anyone getting in on an early-stage project, Contributors accept the risk that the EZ-UP Aurora Campaign may experience changes, delays, and unforeseen challenges, or that the Campaign, and its Rewards, might not come to fruition. We do not guarantee or represent that Contributions will be used as promised, that we will deliver the Rewards, or that the EZ-UP Aurora Campaign will achieve its goals.
• The estimated fulfillment date is only Spark Perceptions' estimate. Any month and year given for each Reward is only our estimate and not a guarantee we will fulfill by that time. The schedule may change as we work on the Campaign. We will communicate with backers about any changes to the estimate fulfillment date.
• We may need to send you questions about any Reward you have selected. We might need information from you, like your mailing address. We'll request that information after the Campaign has successfully funded or, if you have made a late pledge, after you have made your late pledge. To receive any Reward, you'll need to provide the information in a reasonable amount of time. We will not ask for personal information that is not necessary to provide your Reward, and will never request sensitive personal information such as your Social Security number or payment information. Contact us at support@sparkperceptions.com. if you receive a request for information that seems inappropriate or excessive.
• You are charged a NON-REFUNDALBE 20% Deposit that equals to the pledged amount at the time of Contribution. When you make a Contribution, your card will be charged immediately. You'll provide your payment information when you pledge, and you will be charged immediately for the 20% of the amount of your Contribution. This deposit is NON-REFUNDABLE. In addition, you may not decrease or cancel your Contribution at any time during the Campaign and thereafter.
• You are charged the REMAINING 80% of the pledged amount before your Rewards are fulfilled. We will communicate with backers via the email provided prior to shipping their Rewards. At that time, we will also request payment of the remaining balance, equal to 80% of the pledged amount made at the time of contribution. If the backer fails to make the payment within 7 days of receiving the email, Spark Perceptions reserves the right to cancel the pledge immediately and will not deliver any Rewards to the backer. Once the backer pays the remaining balance, Spark Perceptions will ship the Rewards to the address of the backer provided at the time of Contribution. The estimated delivery of the Rewards after receiving the full payment is approximately 4 weeks. This is only Spark Perception's best estimate, and not a guarantee that we will deliver your Rewards by that time. The schedule may change depending on the logistics and unforeseen factors. We will communicate with backers about any changes to the estimated delivery date via emails.
• You must satisfy the age requirement or any Contribution will be forfeited. You must be at least 21 years of age to set up an account and/or to make a Contribution. We take the age requirement very seriously, and will not honor any Contribution or deliver any EZ-UP Aurora units to a Contributor that is not at least 21 years of age. If you falsify your actual age or otherwise lie about your age when setting up an account and/or making a Contribution, we will immediately terminate your account and will not refund any Contribution you have made.
• If the Campaign is not a success, we will refund the full amount of your Contribution. If we are unsuccessful in our goal of receiving Contributions reflecting commitments for a minimum of 5,000 EZ-UP Aurora units by the end of the Campaign Term, then the Campaign shall not have been considered a success. We will continue to work in good faith to find another way of bringing the EZ-UP Aurora Campaign to the best possible conclusion for our backers, which may include raising additional funds, extending the Campaign Term, or other initiatives we may elect at our discretion. However, if we are unable to achieve a satisfactory product launch within 365 days following the end of the Campaign Term, we will then refund one hundred percent (100%) of your Contributions, less any applicable payment processing fees.
• However, after the we successfully reach our goal of receiving Contributions reflecting commitments for least 5,000 EZ-UP Aurora units, we will not offer refunds. We cannot and do not guarantee that the Campaign will be completed thereafter, and we do not offer refunds of pledged amounts, regardless of whether the Campaign reaches its other goal or is successfully completed or not.
• Taxes are the Contributors responsibility. Contributors bear the sole responsibility for determining how to treat their Contributions and receipt of any Rewards for tax purposes. We do not offer any advice or take any responsibility for how Contributors treat their Contributions or for any financial consequences arising out of such treatment.
• Rewards are only delivered upon the launch of the EZ-UP Aurora product family to the marketplace. If we are unsuccessful in our goal of receiving Contributions reflecting commitments for a minimum of 5,000 EZ-UP Aurora units, if we are unable to complete development of the EZ-UP Aurora and related accessories, or we are unable to successfully launch the EZ-UP Aurora product family to the marketplace, we will not be able to deliver Rewards to our Contributors.
• Campaign is limited to the United States. We are currently focused on serving the United States markets. At this time, we will not accept any Contributions or sell any of our products outside the United States.

Other terms

We may continue to collect Contributions from new backers after the Campaign Term has ended, but will do so only up until the time when we are first ready to fulfill the Rewards we offered. These are the terms that apply when you back a project by making a late Contribution after the live campaign has successfully ended:

• You are charged at the time of Contribution. When you make a late Contribution, your card will be charged immediately.
• You cannot cancel or change your Contribution.
• We will not offer the same Reward tiers that were available during the live Campaign at a lower pledge amount than offered during the live campaign. Those Reward tiers will be offered at the same or a higher pledge amount.
• We may only accept late Contributions up until the time we are first ready to fulfill the Rewards you have offered.
• Once processed, late pledges will be paid out to us periodically. The exact timing of which may vary depending on factors such as processing times and reaching any reasonable minimum threshold payout amount that we establish.
• Late Contributions incur the same payment processing fees as live Contributions pledges.