SparkGent Terms of Service
General Information
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our service located at https://sparkgent.com/ operated by Automated Sales Agent LTD (“Company”, “Service” “we”, “our”, “us”) and are a legally binding agreement between you and us.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, process data collected from you and disclose information that results from your use of our web pages. Please read it here https://sparkgent.com/privacy_policy.
Your agreement with us includes these Terms and our Privacy Policy (jointly referred to as “Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with Agreements, then you must not (and you do not have our permission to) use the Service.
These Terms apply to all visitors, users and others who wish to access or use Service.
We may modify these Terms (as a whole or particular sections of these Terms, as may be applicable) in our sole discretion by posting updated version of these Terms on https://sparkgent.com or otherwise providing notice to you. All such changes shall become effective upon the posting of the revised Terms of Service on the Website or upon notice to you, as applicable.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, process data collected from you and disclose information that results from your use of our web pages. Please read it here https://sparkgent.com/privacy_policy.
Your agreement with us includes these Terms and our Privacy Policy (jointly referred to as “Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with Agreements, then you must not (and you do not have our permission to) use the Service.
These Terms apply to all visitors, users and others who wish to access or use Service.
We may modify these Terms (as a whole or particular sections of these Terms, as may be applicable) in our sole discretion by posting updated version of these Terms on https://sparkgent.com or otherwise providing notice to you. All such changes shall become effective upon the posting of the revised Terms of Service on the Website or upon notice to you, as applicable.
Introduction
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at hello@sparkgent.com.
Communications
You will not use the Service in any way that violates the terms of the Acceptable Use (provided below) or for any purpose or in any manner that is unlawful or prohibited by this Agreement. You will not (i) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; (ii) modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by us); (iii) or remove any proprietary notices or labels.
You may not use the Service if you are legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
The Service is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA), so you may not use the Service where your communications would be subject to such laws. You may not use the Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
You may not use the Service if you are legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
The Service is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA), so you may not use the Service where your communications would be subject to such laws. You may not use the Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Prohibited and Unauthorized Use
You acknowledge that the services have not been designed to process or manage sensitive information, and accordingly, you agree not to use the subscription service to collect, manage or process sensitive information. We will not have and we specifically disclaim any liability that may result from your use of the subscription service to collect, process or manage sensitive information.
No Sensitive Information
To realize the full value of the Service, your participation and effort are needed. Resources that may be required from you include a project manager, one or more content creators, a sales sponsor, an executive sponsor and a technical resource (or equivalent). Responsibilities that may be required include creating a persona, setting up and monitoring email campaigns, warming-up and adding mailboxes, verifying and adding contact details; acting as internal liaison between sales and marketing; providing top level internal goals for the use of the Service; attending regular success review meetings; and supporting the integration of the Service with other sales and marketing systems.
Customer Responsibilities
Fees and subscription
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
Your payment for the Purchases may be processed by third-party payment processing providers, including, but not limited to, Stripe, PayPal or other banking or payment processing service.
You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources. When a payment is processed by such third party, its respective terms and conditions shall apply. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Your payment for the Purchases may be processed by third-party payment processing providers, including, but not limited to, Stripe, PayPal or other banking or payment processing service.
You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources. When a payment is processed by such third party, its respective terms and conditions shall apply. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Purchases
Services are billed on a subscription basis (“Subscription(s)”) for a fee. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
The Subscription Fee will remain fixed during the initial term of your subscription unless (i) you exceed your applicable limits (see the ‘Limits’ section below), (ii) you upgrade products or base packages, (iii) you subscribe to additional features or products, or (iv) otherwise agreed to in your Order. We may also choose to decrease your fees upon written notice to you.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Automated Sales Agent LTD cancels it as described in ‘Notice of Non-Renewal’.
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Automated Sales Agent LTD with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Automated Sales Agent LTD to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Automated Sales Agent LTD will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Subscription Fee will remain fixed during the initial term of your subscription unless (i) you exceed your applicable limits (see the ‘Limits’ section below), (ii) you upgrade products or base packages, (iii) you subscribe to additional features or products, or (iv) otherwise agreed to in your Order. We may also choose to decrease your fees upon written notice to you.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Automated Sales Agent LTD cancels it as described in ‘Notice of Non-Renewal’.
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Automated Sales Agent LTD with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Automated Sales Agent LTD to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Automated Sales Agent LTD will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fees and Subscription
Automated Sales Agent LTD, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Automated Sales Agent LTD will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Automated Sales Agent LTD will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Fee Changes
Your initial subscription term will be specified in your Order, and, unless otherwise specified in Automated Sales Agent-approved form or online subscription process by which you agree to subscribe to the Service (“Order” or “Order Form”), your subscription will automatically renew for the shorter of the subscription term, or one year.
Terms and revenwal
Unless otherwise specified in your Order, to prevent renewal of your subscription, you or we must give written notice of non-renewal. The deadline for sending this notice is 10 days prior to the expiration of your then-current Term.
If you decide not to renew, you may send this non-renewal notice to us via email to hello@sparkgent.com or by indicating that you do not want to renew by turning auto-renew off by accessing the billing details information in your Automated Sales Agent LTD account.
If you decide not to renew, you may send this non-renewal notice to us via email to hello@sparkgent.com or by indicating that you do not want to renew by turning auto-renew off by accessing the billing details information in your Automated Sales Agent LTD account.
Notice of Non-Renewal
You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription, and you will promptly pay all unpaid fees due through the end of the Subscription term. See the ‘Notice of Non-Renewal’ section for information on how to cancel your subscription.
Early Cancellation
Either party may terminate this Agreement for cause, as to any or all Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.
We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
This Agreement may not otherwise be terminated prior to the end of the Subscription term.
We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
This Agreement may not otherwise be terminated prior to the end of the Subscription term.
Termination for Cause
If, within 30 days from the commencement of the Service, the Service fails to fulfill its obligations to the Client with respect to the number of scheduled calls included in the purchased package, then, upon the Client’s written request:
In all other cases, no refunds shall be issued.
- The Service may roll over the unused calls to the next billing period; or
- The Service may issue a refund equal to 100% of the value of the unused calls, calculated proportionally based on the purchased package.
In all other cases, no refunds shall be issued.
Refunds
Suspension
We may suspend any User’s access to any or all Subscription Services without notice for:
(i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement,
(ii) use of the SparkGent email send service that results in excessive bounces, SPAM complaints via feedback loops, direct spam complaints (to our abuse desk), or requests for removal from a mailing list by recipients, or
(iii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.
(i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement,
(ii) use of the SparkGent email send service that results in excessive bounces, SPAM complaints via feedback loops, direct spam complaints (to our abuse desk), or requests for removal from a mailing list by recipients, or
(iii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.
Suspension for Prohibited Acts
If your website, or use of, the Subscription Service:
(i) is being subjected to denial of service attacks or other disruptive activity,
(ii) is being used to engage in denial of service attacks or other disruptive activity,
(iii) is creating a security vulnerability for the Subscription Service or others,
(iv) is consuming excessive bandwidth or storage, or
(v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service.
We will make commercially reasonable efforts to limit the suspension to the affected portion of the Service, and each party will make reasonable efforts to promptly resolve the issues causing the suspension of the Service. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
(i) is being subjected to denial of service attacks or other disruptive activity,
(ii) is being used to engage in denial of service attacks or other disruptive activity,
(iii) is creating a security vulnerability for the Subscription Service or others,
(iv) is consuming excessive bandwidth or storage, or
(v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service.
We will make commercially reasonable efforts to limit the suspension to the affected portion of the Service, and each party will make reasonable efforts to promptly resolve the issues causing the suspension of the Service. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
Suspension for Present Harm
This is an agreement for access to and use of the Service, and you are not granted a license to any software by this Agreement. We retain all intellectual property rights to the Service, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Service in whole or in part, by any means, except as expressly authorized in writing by us.
We encourage all customers to comment on the Service, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Service without payment or attribution to you.
We encourage all customers to comment on the Service, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Service without payment or attribution to you.
Intellectual property
Confidential Information. From time to time under these Terms, either Party (the “Disclosing Party”) may disclose or make available to the other Party (the “Receiving Party”), non-public, proprietary, or confidential information of Disclosing Party that is clearly designated by Disclosing Party as confidential or which Receiving Party should reasonably understand Disclosing Party would expect to be treated as confidential (collectively “Confidential Information”); provided, however, that Confidential Information does not include any information that: (i) is or becomes lawfully and generally available to the public other than as a result of Receiving Party’s breach of this section 14 or any other duty or obligation of confidentiality owed to the other Party, (ii) is or becomes available to Receiving Party on a non-confidential basis from a third-party source, provided that such third-party is not and was not prohibited from disclosing such Confidential Information, (iii) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder as evidenced by its records, or (iv) was or is independently developed by Receiving Party without using any Confidential Information.
Obligations. Receiving Party will: (i) protect and safeguard the confidentiality of Disclosing Party’s Confidential Information with at least the same degree of care as Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, (ii) not use Disclosing Party’s Confidential Information, or permit it to be used, for any purpose other than to exercise its rights or perform its obligations under these Terms, and (iii) not disclose any such Confidential Information to any person or entity, except to Receiving Party’s employees, agents, contractors, attorneys or representatives (“Representatives”) acting in the course of their obligations and rights hereunder.
Required Disclosure. If Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it will, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy and Receiving Party must only disclose or furnish that portion of Confidential Information as such Receiving Party or the applicable Representative is legally obligated or compelled to so produce or disclose.
Return or Destruction. At the Disclosing Party’s request, the Receiving Party will return or destroy any Confidential Information Receiving Party obtained from the Disclosing Party. However, nothing contained herein will be construed to prohibit Receiving Party from retaining electronic information maintained in compliance with its digital data retention and automated backup procedures provided that; such Confidential Information will remain subject to the confidentiality obligations set forth herein.
Remedies. In the event of a breach of this section 14, the Receiving Party understands and agrees that direct money damages may not be an adequate remedy for any breach of these Terms by it and that the Disclosing Party may be entitled (without exclusion of other remedies herein) to seek specific performance and injunctive or other equitable relief as a remedy for any such breach. The Receiving Party further agrees to waive any requirement for the Disclosing Party to secure or post any bond in connection with such remedy.
Conflicting Obligations. The provisions of this section 14 supersede and replace in whole any previous confidentiality, non-disclosure or similar agreement between the Parties.
Obligations. Receiving Party will: (i) protect and safeguard the confidentiality of Disclosing Party’s Confidential Information with at least the same degree of care as Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, (ii) not use Disclosing Party’s Confidential Information, or permit it to be used, for any purpose other than to exercise its rights or perform its obligations under these Terms, and (iii) not disclose any such Confidential Information to any person or entity, except to Receiving Party’s employees, agents, contractors, attorneys or representatives (“Representatives”) acting in the course of their obligations and rights hereunder.
Required Disclosure. If Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it will, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy and Receiving Party must only disclose or furnish that portion of Confidential Information as such Receiving Party or the applicable Representative is legally obligated or compelled to so produce or disclose.
Return or Destruction. At the Disclosing Party’s request, the Receiving Party will return or destroy any Confidential Information Receiving Party obtained from the Disclosing Party. However, nothing contained herein will be construed to prohibit Receiving Party from retaining electronic information maintained in compliance with its digital data retention and automated backup procedures provided that; such Confidential Information will remain subject to the confidentiality obligations set forth herein.
Remedies. In the event of a breach of this section 14, the Receiving Party understands and agrees that direct money damages may not be an adequate remedy for any breach of these Terms by it and that the Disclosing Party may be entitled (without exclusion of other remedies herein) to seek specific performance and injunctive or other equitable relief as a remedy for any such breach. The Receiving Party further agrees to waive any requirement for the Disclosing Party to secure or post any bond in connection with such remedy.
Conflicting Obligations. The provisions of this section 14 supersede and replace in whole any previous confidentiality, non-disclosure or similar agreement between the Parties.
Confidentiality
You may provide us directly at help@sparkgent.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Error Reporting and Feedback
For any questions or concerns regarding your privacy, you may contact us using the following details:
Admin
hello@sparkgent.com
Admin
hello@sparkgent.com
Contact Us
