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Terms of Service

Last Updated: April 12, 2026

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. By creating an account or using the platform, you agree to be bound by these 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.

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 includes:

  • 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

3. Accounts and Workspaces

  • You must provide accurate and complete information when creating an account.
  • You are responsible for maintaining the security of your account credentials.
  • Each workspace operates independently with its own billing, team members, and data.
  • You are responsible for all activity that occurs under your account and workspaces.
  • You must notify us immediately of any unauthorized use of your account.

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 Messaging Terms

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

  • Obtain proper consent from all recipients before sending messages, in compliance with the TCPA and all applicable regulations
  • Honor opt-out requests immediately — recipients who reply STOP must not receive further messages
  • Comply with A2P 10DLC requirements and all carrier policies for application-to-person messaging
  • Not send prohibited content including but not limited to: SHAFT content (sex, hate, alcohol, firearms, tobacco), illegal substances, phishing, or deceptive messages
  • Include opt-out instructions in messages where required by law or carrier policy
  • Maintain records of consent for all message recipients

Spark provides the messaging infrastructure but the business using the platform is ultimately responsible for compliance with all messaging laws and regulations. We may monitor messaging patterns and suspend accounts that appear to violate these requirements.

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

  • AI agents operate based on configurations you provide. You are responsible for the instructions, knowledge, and behavior parameters you set for your agents.
  • AI-generated content and responses may contain errors. You are responsible for reviewing and monitoring agent interactions.
  • We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content.
  • You retain responsibility for all actions taken by agents operating in your workspace.

8. Billing and Payment

  • Spark uses per-workspace subscription billing. Each workspace has its own independent subscription.
  • Subscription fees are billed monthly and include workspace fees, per-agent fees, and per-seat fees as listed on our pricing page.
  • Running agents incur charges; stopped agents do not renew on the next billing cycle.
  • Usage-based credits are consumed for AI model usage and are charged on top of subscription fees.
  • All fees are non-refundable except as required by law.
  • We may change pricing with 30 days' notice. Continued use after a pricing change constitutes acceptance.
  • Failure to pay may result in suspension or termination of your workspace and agents.

9. Your Data

  • Ownership: You retain ownership of all data you upload to or create within Spark, including contacts, documents, agent configurations, and conversation content.
  • License: You grant Spark a limited license to use your data solely for the purpose of providing and improving the platform services.
  • Portability: You may export your data at any time through the platform's available export features or by contacting support.
  • Deletion: Upon workspace deletion, all associated data will be permanently removed from our systems within 30 days.

10. Intellectual Property

  • The Spark platform, including its software, design, features, and documentation, is owned by Spark and protected by intellectual property laws.
  • You may not copy, modify, distribute, or reverse-engineer any part of the platform.
  • AI agent configurations and knowledge base content you create remain your intellectual property.

11. Third-Party Integrations

  • Spark integrates with third-party services (Twilio, Stripe, AI providers, etc.). Your use of these integrations is subject to the respective third party's terms of service.
  • We are not responsible for the availability, accuracy, or practices of third-party services.
  • API keys and credentials you provide for integrations are encrypted and stored securely, but you are responsible for managing access to those keys.

12. Limitation of Liability

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

Our total liability for any claim arising from these Terms or your use of the platform shall not exceed the amount you paid to Spark in the twelve (12) months preceding 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 or regulation
  • Messages sent or calls made through your workspace
  • Content or instructions you provide to AI agents
  • Any dispute between you and your contacts or customers

14. Disclaimer of Warranties

The platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or secure.

15. Termination

  • You may cancel your account at any time through the platform settings.
  • We may suspend or terminate your account for violation of these Terms, non-payment, or at our discretion with reasonable notice.
  • Upon termination, your right to use the platform ceases immediately. Active agents will be stopped.
  • Sections regarding limitation of liability, indemnification, and dispute resolution 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 at any time. We will provide notice of material changes by posting the updated Terms on this page with a revised "Last Updated" date. Continued use of the platform after changes constitutes acceptance.

18. General Provisions

  • These Terms constitute the entire agreement between you and Spark regarding the platform.
  • 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.
  • These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.

19. Contact Us

If you have questions about these Terms, contact us at:

Spark
Email: admin@runspark.ai