Terms and Conditions

1. Introduction

Welcome to Spark CRM ("Service"). These Terms and Conditions ("Terms") govern your access to and use of our customer relationship management platform, accessible at https://app.sparkcrm.io. By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Definitions

• "Account" means a unique account created for you to access our Service.
• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Checkout Technology Systems LLC, with its registered office at 1309 Coffeen Avenue STE 14213 Sheridan Wyoming 82801 United States.
• "Customer Data" means all data, including text, information, and files that you upload or input into the Service.
• "Service" refers to the Spark CRM platform, accessible at https://app.sparkcrm.io.
• "Subscription" means the recurring payment plan that you select when registering for the Service.
• "User" (referred to as either "the User", "You", or "Your") refers to the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.

3. Account Registration

To use our Service, you must register for an account with us. When you register for an account, you agree to provide accurate, current, and complete information. You are responsible for safeguarding your password and for all activities that occur under your account. You agree not to disclose your password to any third party.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Subscription and Payments

4.1 Subscription Plans

Our Service is available through various subscription plans. Details of each plan's features and pricing are available on our website.

4.2 Payment Terms

All payments must be made in advance according to your chosen Subscription plan (monthly, annual, etc.). We may change our fees at any time by posting the changes on our website or by notifying you via email at least 30 days in advance.

4.3 Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for all taxes, levies, or duties associated with your use of the Service.

4.4 Refunds

Refunds are handled according to our Refund Policy, which is incorporated by reference into these Terms.

5. Customer Data and Privacy

5.1 Customer Data Ownership

You retain all rights and ownership of your Customer Data. We do not claim any ownership rights to your Customer Data.

5.2 License to Host Customer Data

You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and use your Customer Data to provide and improve the Service.

5.3 Privacy Policy

Please review our Privacy Policy at https://app.sparkcrm.io/privacy for information on how we collect, use, and disclose information from our users.

6. Intellectual Property Rights

6.1 Service Ownership

The Service and its original content, features, and functionality are owned by Spark and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use the Service

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your business purposes in accordance with these Terms.

6.3 Restrictions

You may not:

• License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Service
• Modify or make derivative works based upon the Service
• Reverse engineer or access the Service to build a competitive product or service
• Copy any features, functions, or graphics of the Service for any purpose other than what is expressly permitted in these Terms

7. User Conduct

You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate Spark, a Spark employee, another user, or any other person or entity
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm Spark or users of the Service

8. Third-Party Links and Services

8.1 Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by Spark. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

8.2 Third-Party Integrations

The Service may offer integrations with third-party applications. Your use of these integrations may be subject to additional terms provided by the third-party service providers.

9. Service Availability and Support

9.1 Service Level Agreement

We will make reasonable efforts to make the Service available at all times. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, or emergency repairs.

9.2 Support Services

We will provide technical support services as specified in your Subscription plan. Support response times are not guaranteed and may vary depending on the complexity of the issue.

10. Termination

10.1 Termination by You

You may terminate your account and discontinue use of the Service at any time by following the instructions on our website or by contacting our support team.

10.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. If you wish to retrieve any Customer Data, you must do so before terminating your account. We will retain your Customer Data for a reasonable time following termination to allow you to extract it, after which we may delete it.

11. Limitation of Liability

In no event shall Spark, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

The limitations of liability set forth above shall apply to the maximum extent permitted by law.

12. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Spark expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

13. Indemnification

You agree to defend, indemnify, and hold harmless Spark and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of Wyoming, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) with the arbitration taking place in Sheridan, Wyoming.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with any documents they expressly incorporate by reference, constitute the entire agreement between you and Spark regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.