Terms of Service

Acceptance of Terms

By accessing and using the email and voicemail drop services ("Service") provided by Growth Sector LLC, doing business as SparkPoint ("SparkPoint"), you, the user, acknowledge and agree that you have read, fully understood, and consent to be bound by these Terms of Service ("Terms"). These Terms represent a legally enforceable agreement between you and SparkPoint. If you do not agree to these Terms in their entirety, you are expressly prohibited from using the Service and must discontinue use immediately.

Comprehensive Compliance Obligation

As a user, you unequivocally commit to using the Service in full compliance with all applicable local, state, federal, and international laws and regulations, including but not limited to the Federal Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all other pertinent privacy, data protection, and electronic communication statutes. You bear the sole responsibility for ensuring that your use of the Service adheres rigorously to these legal requirements and you hereby agree to undertake any legal burdens or penalties arising from any breach of such laws through your use of the Service.

License Grant and Restrictions

SparkPoint hereby grants you a non-exclusive, non-transferable, revocable license to use the Service strictly for your internal business purposes. This license is subject to your full and ongoing compliance with these Terms. This license does not include any rights for the resale or commercial use of the Service, its data, or its contents; any derivative use of the Service or its content; or any use of data mining, robots, or similar data gathering and extraction tools. You are expressly prohibited from utilizing the Service in any manner that is not explicitly authorized by these Terms.

No Warranty

The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, SparkPoint, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

Neutral Technology Platform Declaration

You explicitly acknowledge and agree that SparkPoint is solely a provider of technology services and does not participate in, influence, or endorse the content of communications transmitted through the Service. As such, SparkPoint acts as a neutral technological platform and holds no responsibilities for the activities conducted by users of the Service or for ensuring compliance with any regulations or laws. You fully agree to hold complete legal liability for the content and effect of any messages sent through the SparkPoint technology stack.

Legal Compliance

You covenant to comply fully with all applicable laws, statutes, regulations, and ordinances, including but not limited to the Federal Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable laws and regulations of the State of New York and the United States. You shall also adhere to all international laws concerning proper and legal usage of communication technologies. You shall indemnify and hold harmless SparkPoint from any losses, damages, or expenses incurred as a result of your failure to comply with any such laws.

User Responsibilities

You are solely responsible for all activities under your account and your use of the Service. You commit to securing your authentication credentials and assume all risks arising from unauthorized access to your account. You must notify SparkPoint immediately of any unauthorized use of your account or any other breaches of security.

Indemnification

You agree to defend, indemnify, and hold harmless SparkPoint, its affiliates, officers, directors, employees, agents, licensors, and service providers from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

Limitation of Liability

To the fullest extent provided by law, in no event will SparkPoint, nor its directors, employees, agents, partners, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. SparkPoint, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Class Action Waiver

You agree that any claims brought against SparkPoint must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and SparkPoint agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Force Majeure

SparkPoint shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SparkPoint, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SparkPoint’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Data Protection and Privacy Policy

By using the Service, you agree to the collection, transfer, storage and use of your personal information by SparkPoint (the "data controller") on servers located in the United States, as further described in our privacy policy. You acknowledge that you have read and understood our privacy policy and agree to its terms.

Links to Third-Party Websites

The Service may contain links to third-party websites or services that are not owned or controlled by SparkPoint. SparkPoint has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that SparkPoint shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Intellectual Property Rights of Others

Users agree to respect the intellectual property rights of others, including copyrights, patents, trademarks, and trade secrets. Any unauthorized use of another party’s intellectual property rights is a violation of these Terms as well as a violation of federal and state law. SparkPoint reserves the right to terminate your account or access to the Service for committing intellectual property infringement.

Updates and Changes to Terms

SparkPoint reserves the right, at its sole discretion, to modify or replace these Terms at any time. You will be notified of any changes through the Service interface or via email to the email address associated with your account. Your continued use of the Service after such notification of changes to these Terms will constitute your acknowledgement and acceptance of the revised Terms.

Termination

SparkPoint may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SparkPoint account (if you have one), you may simply discontinue using the Service.

Modifications to the Service and Prices

Prices for using the Service are subject to change without notice. SparkPoint reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. SparkPoint shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Disclaimer of Warranties; Limitation of Liability

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall SparkPoint, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of New York State, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.

Geographic Restrictions

SparkPoint is based in the State of New York in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Refund and Cancellation Policy

Services purchased from SparkPoint are eligible for a refund if cancelled within the first 30 days of service. To request a cancellation and refund, you must submit your request in writing to SparkPoint through the customer service contact information provided on our website. After 30 days, no refunds will be processed. SparkPoint reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, (ii) if you are in breach of the terms, or (iii) if SparkPoint reasonably suspects that you are using our products or services fraudulently.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.