Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Spark platform ("Spark," "we," "us," or "our"), including the website at runspark.ai, the application at app.runspark.ai, and all related services, features, agents, software, APIs, communications, and support we provide (collectively, the "Services").

Account creation and use equals acceptance: By creating an account, logging in, accessing a workspace, clicking to accept, signing an order form, paying an invoice, using any part of the Services, or allowing anyone to use the Services on your behalf, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and any policies, product terms, pricing terms, order forms, usage limits, or supplemental terms referenced or presented by Spark.

If you do not agree to these Terms, you may not create an account, access a workspace, or use the Services. If you continue to use the Services after these Terms, pricing, product terms, or policies are updated, your continued use constitutes acceptance of the updated terms.

If you are using Spark on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms. The business or organization is responsible for all users, workspaces, agents, usage, data, and charges associated with its account.

2. Description of Service

Spark is an AI agent deployment platform that enables businesses to configure and run AI-powered agents for customer relationship management, lead engagement, SMS messaging, phone calls, and workflow automation. The platform may include:

• AI agent creation, configuration, and hosting
• Contact and lead management (CRM)
• SMS messaging capabilities
• Voice calling with AI-assisted coaching
• Knowledge base management
• Third-party integrations
• Team collaboration features

Platform control and changes: Spark may add, remove, suspend, limit, replace, modify, rename, repackage, or discontinue any Services, features, agents, integrations, workflows, limits, plans, dashboards, pricing pages, documentation, or support options at any time. We may also impose or change usage limits, eligibility requirements, security controls, rate limits, geographic availability, compliance requirements, onboarding requirements, or technical restrictions where we determine it is appropriate for business, operational, legal, security, provider, carrier, product, or compliance reasons.

3. Accounts and Workspaces

• You must provide accurate, current, and complete information when creating an account, configuring billing, completing onboarding, or using the Services.
• You are responsible for maintaining the security of your account credentials, devices, admin permissions, API keys, tokens, connected systems, and workspace access.
• Each workspace operates independently with its own billing, team members, agents, usage, permissions, data, and configuration.
• You are responsible for all activity, usage, automations, messages, calls, integrations, agent outputs, and charges that occur under your account and workspaces, whether authorized by you directly or by users you invite or permit.
• You must notify us immediately of any unauthorized use of your account, workspace, credentials, integrations, or billing method.
• We may refuse, limit, suspend, or revoke access to accounts, workspaces, agents, integrations, or features where we believe it is necessary to protect Spark, customers, end users, third-party providers, carriers, data, systems, legal compliance, platform reliability, or business operations.

4. Acceptable Use

You agree not to use Spark to:

• Send unsolicited or spam SMS messages or make unsolicited calls
• Send messages to individuals who have not consented to receive them
• Violate any applicable laws, regulations, or third-party rights
• Transmit harmful, threatening, abusive, or fraudulent content
• Impersonate any person or entity
• Interfere with or disrupt the platform or its infrastructure
• Attempt to gain unauthorized access to other users' accounts or data
• Use the platform for any illegal purpose
• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable messaging regulations

We reserve the right to suspend or terminate your account for violations of these Terms.

5. SMS/Text Messaging Program

Program Name: Spark OS LLC SMS Alerts

Program Description: If you provide your mobile phone number through a form on our website and actively check the SMS consent box, you agree to receive informational text messages related to your Spark inquiry, demo or strategy call scheduling, appointment reminders, onboarding, follow-ups, and support communications from Spark OS LLC.

Message Frequency: Message frequency varies based on your inquiry and engagement.

Message and data rates may apply. Please contact your wireless carrier for details regarding your messaging plan.

Opt-Out: You can cancel SMS messages at any time. Reply STOP to any message you receive from us. No further messages will be sent unless you opt in again.

Help: Reply HELP to any message you receive, or contact us at admin@runspark.ai.

Supported Carriers: Our SMS program is supported by major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and others. Carriers are not liable for delayed or undelivered messages.

Consent: Consent to receive text messages is not a condition of purchasing or using Spark services. You may choose not to receive text messages and still request information, schedule a demo, or use Spark through other communication methods.

Mobile Information Sharing: Mobile phone numbers, SMS consent, and related opt-in data will not be shared, sold, rented, or disclosed to third parties or affiliates for their own marketing or promotional purposes.

6. Voice and Call Features

By using Spark's calling features, you agree to:

• Comply with all applicable telemarketing and calling regulations
• Obtain proper consent before recording calls, in accordance with applicable state and federal laws
• Use AI coaching and transcription features in compliance with all applicable laws regarding automated systems and disclosure requirements

7. AI Agents and Automated Systems

• Customer-controlled configuration: AI agents operate based on the instructions, knowledge, permissions, tools, integrations, and behavior parameters configured for your workspace. You are responsible for reviewing and approving those configurations before use.
• Human oversight required: AI-generated content, recommendations, classifications, summaries, and responses may be incomplete, delayed, inaccurate, or inappropriate. You are responsible for monitoring agent activity and deciding when human review is required.
• No professional advice: Spark does not provide legal, medical, financial, tax, insurance, employment, or other regulated professional advice. You are responsible for having qualified personnel review outputs before relying on them for regulated, high-risk, or customer-impacting decisions.
• Workspace responsibility: You retain responsibility for messages, calls, actions, automations, and decisions made through agents operating in your workspace, including actions triggered through connected tools or third-party integrations.
• Safety and access controls: You are responsible for assigning appropriate permissions, limiting agent access to sensitive systems, testing workflows before production use, and disabling agents that behave unexpectedly.
• No accuracy guarantee: We do not guarantee the accuracy, completeness, availability, or appropriateness of AI-generated content or automated actions.

8. Billing and Payment

• Spark uses per-workspace subscription billing unless otherwise stated in an order form, invoice, checkout flow, or written agreement. Each workspace may have its own independent subscription, agents, seats, usage, billing method, and charges.
• Subscription fees may include workspace fees, per-agent fees, per-seat fees, usage-based fees, implementation fees, setup fees, support fees, overage fees, integration fees, custom development fees, and other charges shown on our pricing page, checkout flow, invoice, order form, or other billing communication.
• Running agents, enabled features, connected integrations, usage credits, model usage, messages, calls, storage, automations, support, and custom implementation work may incur charges. Stopped, disabled, or removed agents may continue to generate charges through the end of the then-current billing period or as otherwise stated at checkout, in an invoice, or in an order form.
• Usage-based credits are consumed for AI model usage and other usage-based Services and are charged on top of subscription fees unless expressly included in a specific plan or written agreement.
• You authorize Spark and our payment processors to charge your payment method for all applicable fees, taxes, overages, renewals, usage, and other amounts due. You are responsible for keeping billing information current and paying all amounts when due.
• Except as required by law or expressly agreed in writing by Spark, all fees are non-refundable, non-cancellable, and not subject to setoff, including unused subscription time, unused credits, setup fees, implementation fees, custom work, and partially used billing periods.
• Pricing changes: Spark may change, increase, decrease, add, remove, repackage, or restructure subscription fees, per-workspace fees, per-agent fees, per-seat fees, usage-based charges, included credits, overage rates, setup fees, implementation fees, support fees, custom development fees, plan names, plan contents, discounts, trials, promotions, or any other pricing components at any time if we determine a change is appropriate for the platform, our services, operating costs, third-party provider costs, AI model costs, messaging or carrier costs, payment processing costs, product scope, market conditions, customer requirements, or business needs. We may provide notice of material pricing changes by posting updated pricing, updating these Terms, sending an email, presenting notice in-product, issuing an invoice or order form, or otherwise communicating the change. Continued use, renewal, payment, or failure to cancel after a pricing change takes effect constitutes acceptance of the updated pricing.
• Promotional, beta, pilot, discounted, grandfathered, or custom pricing is not guaranteed unless expressly stated in a signed written agreement. Spark may modify or end discounts, trials, free periods, credits, grandfathering, or promotional pricing at any time unless prohibited by law or a signed written agreement.
• Failure to pay may result in suspension, limitation, downgrade, removal, or termination of your workspace, agents, features, integrations, support, and access. You remain responsible for amounts incurred before suspension or termination.

9. Customer Data, Confidentiality, and Privacy

• Ownership: You retain ownership of all data you upload to, connect to, or create within Spark, including contacts, documents, CRM records, messages, call recordings, transcripts, agent configurations, prompts, knowledge base content, and conversation history ("Customer Data").
• Limited use license: You grant Spark a limited license to access and process Customer Data only as needed to provide, secure, maintain, support, troubleshoot, and improve the platform, comply with law, and prevent fraud or abuse.
• No sale or marketing disclosure: Spark will not sell, rent, or share Customer Data, mobile numbers, SMS opt-in data, or SMS consent records with third parties for their own advertising, promotional, or marketing purposes. All data-sharing categories exclude text messaging originator opt-in data and consent except as needed to provide the messaging service.
• Service providers: Customer Data may be processed by infrastructure, messaging, communications, analytics, payment, database, and AI model providers solely as necessary to operate Spark. These providers are not authorized to use Customer Data for their own marketing purposes.
• AI model processing: Unless separately agreed in writing or enabled by you, Spark does not permit third-party AI model providers to use Customer Data submitted through the platform to train their public foundation models.
• Aggregated data: We may use aggregated, anonymized, or de-identified data that does not identify you, your workspace, or your contacts to analyze performance, improve reliability, and develop platform features.
• Confidentiality: Non-public business, customer, system, workflow, and integration information disclosed through Spark will be treated as confidential and used only for permitted platform purposes, except where disclosure is required by law or authorized by you.
• Your responsibilities: You represent that you have all rights, notices, permissions, and consents required to upload, connect, process, message, call, record, or automate workflows involving Customer Data.
• Regulated data: You may not submit protected health information, payment card data, government identifiers, children's data, or other highly regulated data unless Spark has expressly agreed in writing to support that use case and any required agreements are in place.
• Portability and deletion: You may request export or deletion of Customer Data through available platform features or support. Deletion may be limited where retention is required for legal, security, billing, backup, audit, or compliance purposes.

10. Intellectual Property

• The Spark platform, including its software, source code, object code, architecture, infrastructure, design, interfaces, workflows, agents, templates, skills, prompts created by Spark, automations, features, dashboards, documentation, branding, names, logos, trade secrets, and know-how, is owned by Spark or its licensors and protected by intellectual property laws.
• Except for the limited right to access and use the Services during an active subscription, no ownership rights are transferred to you. You may not copy, modify, distribute, sell, lease, sublicense, host, frame, scrape, resell, white-label, reverse-engineer, decompile, benchmark publicly, or create competing products or services from any part of the platform.
• Customer Data and knowledge base content you provide remain your intellectual property, subject to the limited licenses in these Terms. Spark-owned agents, templates, workflows, platform logic, generated configurations, implementation patterns, reusable components, and improvements remain Spark property unless expressly agreed otherwise in a signed written agreement.
• If you provide feedback, ideas, requests, suggestions, or recommendations, you grant Spark a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

11. Third-Party Integrations

• Spark integrates with third-party services including messaging providers, voice providers, payment processors, databases, CRMs, calendars, email systems, analytics tools, and AI model providers. Your use of those integrations may be subject to the respective third party's terms, privacy policies, limits, and availability.
• You authorize Spark to access, transmit, retrieve, store, and process data through integrations you connect or approve for the purpose of operating the workflows and agents you configure.
• We are not responsible for the availability, accuracy, security practices, policy changes, pricing changes, outages, rate limits, data loss, carrier filtering, message deliverability, model behavior, or actions of third-party services outside our control.
• Third-party provider, AI model, payment processor, messaging, voice, carrier, storage, data, or integration costs, limits, policies, and technical requirements may change. Spark may pass through, adjust, limit, suspend, or modify affected Services, pricing, usage, or features in response to those changes.
• API keys, tokens, and credentials you provide for integrations are encrypted at rest where technically supported, but you are responsible for granting least-privilege access, rotating credentials, revoking unused credentials, and managing access inside third-party systems.
• Using Spark does not transfer responsibility for your compliance obligations with third-party platforms, CRMs, carriers, communication providers, or industry-specific rules.

12. Limitation of Liability

To the maximum extent permitted by law, Spark and its officers, directors, employees, contractors, suppliers, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, goodwill, data, customers, business opportunities, or business interruption, arising from or related to your use of the platform.

Spark shall not be liable for damages arising from AI-generated errors, customer-configured automations, messages or calls sent through your workspace, third-party integrations, carrier filtering, provider outages, unauthorized access caused by your credentials or configurations, or your failure to review, test, supervise, or restrict agent actions.

Our total liability for any claim arising from these Terms or your use of the platform shall not exceed the greater of one hundred dollars ($100) or the amount you paid to Spark in the three (3) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold harmless Spark from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of the platform
• Your violation of these Terms
• Your violation of any applicable law, regulation, carrier rule, platform policy, or third-party right
• Messages sent, calls made, recordings captured, or automations performed through your workspace
• Content, data, instructions, prompts, permissions, workflows, or integrations you provide to AI agents
• Your failure to obtain required consent, provide legally required notices, honor opt-outs, supervise AI outputs, or restrict agent permissions
• Any dispute between you and your contacts, leads, customers, employees, contractors, partners, or end users

14. Disclaimer of Warranties

The platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, or reliability. We do not warrant that the platform, AI agents, integrations, messages, calls, outputs, automations, or data processing will be uninterrupted, error-free, secure, compliant for your specific use case, or free from harmful components.

15. Termination

• You may cancel your account at any time through the platform settings or by contacting support, subject to any active order form, minimum commitment, implementation agreement, unpaid invoice, or other written agreement.
• We may suspend, limit, downgrade, or terminate your account, workspace, agents, integrations, features, support, or access for violation of these Terms, non-payment, suspected abuse, security risk, legal or regulatory risk, provider or carrier requirement, excessive usage, operational risk, reputational risk, or any other reason we determine may harm Spark, customers, end users, providers, carriers, systems, data, compliance, or business operations.
• We may take immediate action without prior notice where we believe delay could create legal, security, financial, operational, provider, carrier, compliance, platform, or customer risk.
• Upon termination, your right to use the platform ceases immediately. Active agents may be stopped, disabled, deleted, disconnected, or restricted. You remain responsible for all charges incurred before termination and for any non-cancellable commitments.
• Sections regarding account responsibility, billing, intellectual property, customer data, confidentiality, limitation of liability, indemnification, disclaimers, termination, dispute resolution, and general provisions survive termination.

16. Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations or unauthorized access. The arbitration shall take place in the United States. You waive any right to participate in a class action lawsuit or class-wide arbitration.

17. Changes to Terms

We may modify these Terms, policies, product terms, pricing terms, usage limits, service descriptions, support terms, and supplemental terms at any time. We may provide notice of material changes by posting the updated terms on this page with a revised "Last Updated" date, sending an email, presenting notice in-product, updating a pricing page, issuing an invoice or order form, or other reasonable means. Unless a later effective date is stated, changes are effective when posted or communicated. Continued access, use, renewal, payment, or failure to cancel after changes take effect constitutes acceptance.

18. General Provisions

• These Terms, together with any applicable order form, invoice, checkout terms, pricing page, privacy notice, acceptable use policy, supplemental terms, or written agreement, constitute the entire agreement between you and Spark regarding the Services.
• If these Terms conflict with a signed written agreement or order form, the signed written agreement or order form controls only for the specific subject matter it expressly covers.
• Our failure to enforce any provision does not waive our right to do so in the future.
• If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be interpreted to achieve its intent to the maximum extent permitted by law.
• You may not assign or transfer these Terms, your account, workspace, or rights to use the Services without Spark's prior written consent. Spark may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate transaction, or by operation of law.
• Spark will not be liable for delay or failure to perform caused by events outside our reasonable control, including provider outages, carrier issues, model provider changes, internet failures, labor disputes, acts of God, government actions, legal restrictions, cyberattacks, or infrastructure failures.
• These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.