SPAKL Privacy Policy - Alpyne 365, LLC

Effective Date: 12AUG2025
Last Updated: 04SEPT2025

Who we are

SPAKL is a property of Alpyne 365, LLC, based in Enola, PA. Phone: (717) 803-8049 · Email: spakl@alpyne365.com.

What this policy covers

This policy explains what we collect, why we collect it, how we use it, how long we keep it, and the choices you have. It applies to the SPAKL mobile apps and the SPAKL API.

Data we collect

Account and contact data: name and email when you sign up. You may optionally provide a phone number or mailing address if you contact us for support, but these are not required for normal use of the app.
User content: photos you upload, text you enter, and selections you make to get a diagnosis/steps.
Location data:

• Approximate location (e.g., city/ZIP via IP or coarse signals) by default to sort local pros and aggregate metrics.

• Precise GPS location only if you grant permission. You can change this any time in device settings.
Device data and identifiers: app version, device model, OS, IP address, mobile advertising identifiers (IDFA/AAID where available), and crash/performance data.
Usage data: actions in the app (e.g., submits, screens viewed), timestamps, ad impression/click metadata (free tiers), and interactions like “Find local pros.”
Commerce data: in-app purchase history, subscription status, and receipts from Apple/Google. We do not store full payment card numbers.
Sponsored/affiliate interactions: taps on Amazon affiliate links and sponsored placements.

How we use data

Core functionality: analyze your photo/description to generate a diagnosis and steps, show tools/materials, and power local pro results.
Model processing: free tiers use GPT-4o mini; paid tiers use GPT-5. Your inputs/outputs are sent to our AI provider solely to fulfill your request. Where controls exist, we instruct them not to use your data to train their models. See the OpenAI Privacy Policy.
Videos: we show videos from our cache and, when needed, via the YouTube API.
Local pros: when you tap to load pros, we call the Google Places API with your approximate or (if permitted) precise location.
Sponsored placements: we may show a featured local business labeled “Sponsored.”
Affiliate commerce: we include Amazon affiliate links. As an Amazon Associate we earn from qualifying purchases.
Advertising & frequency capping (free tiers): to deliver and measure ads (see Ads and tracking), including basic frequency capping and fraud prevention.
Customer support and safety: troubleshoot issues, detect abuse, and enforce terms.
Analytics & diagnostics: understand performance and improve stability.
Legal: comply with law and respond to lawful requests.

Ads and tracking

What shows and when

Free tiers display ads: banner and interstitial ads. Paid tiers remove ads.
Development builds: in development/testing we may use Google test ad units. These are for testing only. In Expo/web previews we show a simulated placeholder that does not call ad networks.

Ad provider and signals

Google AdMob (Google LLC) helps deliver and measure ads and prevent fraud/abuse. AdMob may receive your mobile advertising ID (IDFA/AAID, where available), IP address, coarse/approximate location, device/app info, and ad interaction data (e.g., impressions, clicks). We do not share your uploaded photos with advertisers.
Personalization: By default we serve non-personalized ads. If we enable personalized ads in your region, we will ask for consent where required (EEA/UK). If you decline or opt out, you will still see non-personalized ads.
Regional & platform controls:

• EEA/UK: Personalized ads require your consent; you can withdraw it in-app (if available) or via device settings.

• California (CPRA): We may “share” identifiers with ad partners for cross-context behavioral advertising. Opt out by emailing spakl@alpyne365.com with subject “Do Not Sell or Share,” or by using any in-app toggle if provided. You will still see non-personalized ads.

• Platform tracking: If you do not allow tracking, we do not access your device advertising ID and we serve non-personalized ads.
Your controls: Reset or limit ad tracking in device settings. You can also contact us to adjust your preferences.

Third-party services we use

We share data with vendors that help us operate SPAKL. These vendors act as processors/service providers or independent controllers for their own purposes.

AI processing: OpenAI — inputs/outputs used to generate diagnosis/steps. Where controls exist, we instruct that your data not be used to train their models. See the OpenAI Privacy Policy.
Maps & local search: Google Places API — approximate or precise location (if permitted) and query terms when you load pros.
Video: YouTube API Services — your use of YouTube content is subject to the YouTube Terms of Service and the Google Privacy Policy.
Payments: App marketplaces (e.g., iOS App Store and Google Play) handle billing; we receive receipts/status only.
Analytics & crash reports: platform analytics/crash reporting to improve stability.
Advertising: Google AdMob (Google LLC) to deliver/measure ads and prevent fraud/abuse.

Reference links:

Google Privacy Policy: https://policies.google.com/privacy
Google Ads/AdMob info: https://policies.google.com/technologies/ads
YouTube API Services Terms: https://developers.google.com/youtube/terms
Google Play Data Safety: https://support.google.com/googleplay/android-developer/answer/10787469

Lawful bases (EEA/UK)

Contract: to provide core app functionality you request (analysis, instructions, account features).
Legitimate interests: diagnostics, security/fraud prevention, non-personalized advertising, and product improvement (balanced against your rights).
Consent: personalized advertising (where offered), precise location, and certain analytics; you can withdraw consent at any time.
Legal obligation: to comply with applicable laws and requests from authorities.

Data retention

Photos and descriptions: retained up to 30 days to support history, quality review, and abuse prevention, then deleted. You can delete sooner in-app or by request.
Model outputs: diagnosis text, steps, tool lists, and risk summaries may be stored longer as text; you can delete them from history.
Ad event logs: ad impression/click metadata we control is typically kept up to 12 months. Ad partners may retain related data per their own policies.
Regional metrics: aggregated counts at region level; no precise coordinates.
Logs & analytics: typically up to 12 months.
Legal holds: kept longer if required by law.

Children

SPAKL is not for children under 13. If you are between 13 and 18, you should only use the Service with parental consent. We do not knowingly enable personalized advertising to known minors. If you believe a child provided personal data, contact us and we will delete it.

Your rights

Depending on your location, you may have rights to access, correct, delete, or export your data; to object or restrict certain processing; and to withdraw consent. Under California law, you may have the right to opt out of “sale” or “sharing” for targeted advertising. We do not sell personal information as defined by the CCPA/CPRA. To exercise rights or opt out of “sale/sharing,” email spakl@alpyne365.com. We may need to verify your identity.

International transfers

We operate in the United States. Your data may be processed in the U.S. or other countries with different data protection laws. Where required, we rely on approved transfer mechanisms.

Security

We use encryption in transit, encryption at rest for stored data, access controls, and routine monitoring. No system is perfectly secure. We also limit employee and contractor access to personal data to those with a need to know. If we learn of a breach that affects you, we will notify you consistent with applicable law.

Data sharing

We share data with vendors listed above under processor/service provider agreements, and with authorities when required by law. We also share aggregated or de-identified data that does not identify you. We do not share your photos with advertisers.

Amazon affiliate disclosure

As an Amazon Associate we earn from qualifying purchases. Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.

Your choices

Turn off or limit location permissions in device settings. The app still works, but distance sorting and local pros may be less accurate.
Reset or limit your mobile advertising identifier in device settings.
Delete your submission history in the app.
Contact us to delete your account and associated data.

Data processing details for app store disclosures

This section maps to common iOS/Android data safety forms.

Data collected: identifiers (IDFA/AAID, where available), diagnostics, usage data (including ad impressions), coarse/precise location (if permitted), user content, and contact info if provided.
Data linked to you: account/contact info and identifiers necessary to operate your account and to deliver/measure ads.
Data used to track you: advertising identifiers and device signals may be used for third-party advertising where you consent or where permitted by platform policy.
Purposes: app functionality, analytics, third-party advertising, fraud prevention, and account management.
Data sharing: with service providers listed above under processor/service provider agreements; certain partners (e.g., AdMob) also act as independent controllers—see their policies.

California Privacy Notice (CPRA)

Notice at Collection: We collect the following categories for the purposes described above and retain them for the periods noted: identifiers (up to 12 months for ads/analytics); internet activity/usage data (up to 12 months); approximate/precise location (precise only with permission; up to 30 days for user content context, otherwise aggregated); user content (photos/descriptions up to 30 days; outputs longer); commercial information (subscription status/receipts while your account is active); inferences are not created for profiling outside delivering/limiting ads within the app.

Sale/Sharing: We do not sell personal information. We may “share” identifiers for cross-context behavioral advertising with ad partners. You can opt out by emailing spakl@alpyne365.com with subject “Do Not Sell or Share,” or using any in-app toggle if provided.

Right to Know/Delete/Correct/Limit Use of Sensitive PI: Contact us at spakl@alpyne365.com. We will verify your request consistent with law.

Changes to this policy

We may update this policy to reflect changes in the app or the law. We will post updates here and update the date above; if changes are material, we will provide an in-app notice.

Contact

By email: spakl@alpyne365.com
By visiting: https://www.alpyne365.com/contact/

This policy is for general information and is not legal advice.

Mobile App End User License (Standard EULA)

Last Updated: 04SEPT2025

This End User License Agreement (“EULA”) is a legal agreement between you and Alpyne 365, LLC (“Alpyne 365,” “we,” “us,” or “our”) governing your use of the SPAKL mobile application and any related content, materials, or services provided through it (collectively, the “Licensed Application”). The Licensed Application is licensed, not sold, and we reserve all rights not expressly granted to you.

a. Scope of License (General): We grant you a personal, limited, nontransferable, non-sublicensable license to install and use the Licensed Application on mobile devices you own or control, as permitted by the applicable platform’s usage rules. This EULA also governs content, materials, or services accessible from or purchased within the Licensed Application, and upgrades that replace or supplement the original Licensed Application unless accompanied by different terms. Except as permitted by platform rules or applicable law, you may not (i) distribute the Licensed Application over a network where it could be used by multiple devices at the same time; (ii) transfer, redistribute, or sublicense the Licensed Application; or (iii) copy (except as permitted by usage rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application or updates.

b. Consent to Use of Technical Data: You agree we may collect and use technical data and related information—such as technical information about your device, system and application software, and peripherals—periodically to facilitate software updates, product support, analytics, security, and other services related to the Licensed Application. We may use this information in a form that does not personally identify you to improve our products and services.

c. Termination: This EULA is effective until terminated by you or us. Your rights will terminate automatically without notice if you fail to comply with any term(s) of this EULA. Upon termination, you must stop using and delete all copies of the Licensed Application.

d. External Services: The Licensed Application may enable access to third-party services and websites (“External Services”). You agree to use External Services at your sole risk. We do not control and are not responsible for third-party content, accuracy, or availability. Data displayed by the Licensed Application or External Services (including financial, medical, or location information) is for general informational purposes only. You will not use External Services in ways that violate intellectual property or other rights, or to harass, abuse, stalk, threaten, or defame. External Services may not be available in all languages or regions and may not be appropriate everywhere. We may change, suspend, remove, disable, or impose access restrictions on any External Service at any time without notice or liability.

e. No Warranty: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATION AND ANY SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE WE PROVIDE CREATES A WARRANTY. IF THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO THESE MAY NOT APPLY TO YOU.

f. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, WE WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY LAW IN CASES OF PERSONAL INJURY) EXCEED FIFTY DOLLARS (US $50.00). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THESE MAY NOT APPLY TO YOU.

g. Export: You may not use or export the Licensed Application except as authorized by United States law and the laws of the jurisdiction(s) in which it was obtained and used. Without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on U.S. government restricted parties lists. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list and that you will not use the Licensed Application for prohibited purposes.

h. U.S. Government End Users: The Licensed Application and related documentation are “Commercial Items,” consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” under applicable federal acquisition regulations. Use by U.S. Government end users is permitted only with the rights granted to all other end users pursuant to this EULA.

i. Governing Law & Venue: Except to the extent preempted by federal law, this EULA and any dispute or claim arising out of it are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in or serving Cumberland County, Pennsylvania.

j. Developer Name and Address: Alpyne 365, LLC, Enola, PA • Phone: (717) 803-8049 • Email: spakl@alpyne365.com.

k. Third-Party Terms: When using the Licensed Application, you must comply with applicable third-party terms of agreement (for example, your wireless data service agreement, video platform terms, map provider terms, or other External Services terms) and you are solely responsible for any fees or charges from those third parties.

Additional Terms for iOS Users

The following terms apply to users who obtained the Licensed Application through the iOS App Store.

1) Acknowledgement: You and we acknowledge that this EULA is concluded between you and Alpyne 365 only, not with Apple, and that Alpyne 365—not Apple—is solely responsible for the Licensed Application and its content. This EULA may not provide usage rules that conflict with the Apple Media Services Terms and Conditions.

2) Scope of License (iOS): The license granted to you is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

3) Maintenance and Support: Alpyne 365 is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4) Warranty: Alpyne 365 is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application; any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Alpyne 365’s sole responsibility.

5) Product Claims: You and we acknowledge that Alpyne 365—not Apple—is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation (including in connection with any use of health or home frameworks, if applicable). Our liability to you will not be limited beyond what is permitted by applicable law.

6) Intellectual Property Rights: You and we acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Alpyne 365—not Apple—will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

7) Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8) Developer Name and Address: Alpyne 365, LLC, Enola, PA • Phone: (717) 803-8049 • Email: spakl@alpyne365.com.

9) Third-Party Terms of Agreement: When using the Licensed Application, you must comply with applicable third-party terms of agreement (for example, your wireless data service agreement) and you are solely responsible for any fees or charges from those third parties.

10) Third-Party Beneficiary: You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.