Legal Terms, Notices and Disclaimers

Effective Date: 2nd January 2025
Business Name: Sparkzway
Website: https://sparkzway.com
Contact Email: contact@sparkzway.com
Governing Law: State of New York, USA

1. Ownership & Intellectual Property

All content, tools, software, frameworks, branding, and proprietary processes created by or provided through Sparkzway are the exclusive intellectual property of Sparkzway unless otherwise stated in a separate, signed agreement.

Unless granted prior written approval:

  • You may not reverse-engineer, duplicate, copy, sublicense, resell, or modify any part of our proprietary systems, AI agents, or frameworks.
  • Unauthorized use or distribution of any Sparkzway-owned content or systems will result in immediate legal action and may include injunctions and/or monetary damages.

2. Use of Client Data for AI Agent Training

To successfully deploy your AI Agent, we may require business data and communication samples such as:

  • Tone of voice, scripts, or recorded interactions
  • Listing details, price ranges, or service rates
  • Business values, customer engagement patterns
  • CRM workflows and automation rules
  • Examples of your posts (LinkedIn, X, Threads, etc.)

All data shared with Sparkzway is used exclusively to build, train, and customize your AI Agent.

  • Your data is never sold, shared, or licensed to any third party.
  • All client-specific data is permanently deleted within 30 days from the date your contract begins, unless otherwise requested in writing.

Sparkzway follows strict security standards to prevent unauthorized access or disclosure. You remain the sole owner of your raw business data.

3. Third-Party Integrations & Tools

Sparkzway services may integrate third-party tools (such as WordPress plugins, CRMs, APIs, etc.). You agree to be bound by the respective third-party terms and licensing conditions, and understand Sparkzway is not liable for:

  • Any loss or damage caused by third-party services or plugin failures
  • Third-party limitations, downtimes, or pricing changes

4. Limitations of Service

Sparkzway does not guarantee:

  • A specific return on investment (ROI), business outcome, or number of qualified leads
  • Legal compliance with industry-specific regulations (e.g., Fair Housing, MLS, GDPR) without your oversight
  • Perfection in AI-generated responses or automation without human supervision

All AI systems are based on the training data provided by you, and their performance depends directly on its quality, accuracy, and scope.

5. Indemnity

You agree to defend, indemnify, and hold harmless Sparkzway, its owners, employees, contractors, and affiliates against any claims, losses, liabilities, damages, or expenses (including legal fees) arising out of:

  • Your use of Sparkzway’s deliverables in a way that violates laws or third-party rights
  • Breach of this Agreement
  • Misuse or misrepresentation of AI output that leads to legal or reputational harm

6. No Warranties / Use At Your Own Risk

All Sparkzway services are provided “as is” and “as available.”

We do not offer any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We are not liable for:

  • Business interruptions
  • Data loss
  • Miscommunications caused by AI-generated content
  • Any indirect, special, or consequential damages

7. Governing Law & Dispute Resolution

This Agreement and all services provided by Sparkzway are governed by and construed under the laws of the State of New York.

  • Any dispute, claim, or legal action arising from or relating to this Agreement shall be filed in the state or federal courts located in New York County, NY.
  • Prior to initiating legal action, both parties agree to attempt good faith resolution via written notice and allow at least 15 business days for remedy or resolution.

8. Contract Termination and Cancellations

  • Contracts may be terminated by either party with a minimum of 30 days’ written notice.
  • Failure to provide 30-day notice will result in the Client being charged up to 100% of the next month’s invoice or remaining balance due under the SOW.
  • Upon termination, all access to Sparkzway systems, AI agents, or integrations will be revoked.

9. Changes to Legal Terms

Sparkzway may update these legal terms from time to time to reflect changes in laws, best practices, or our service offerings. When we do, we will revise the “Effective Date” and notify all active clients by email. Continued use of our services after such notice constitutes your acceptance of the updated terms.

10. Contact for Legal Inquiries

If you have questions about these Legal Terms or need to request a legal release or agreement amendment, please contact:

Email: contact@sparkzway.com
Website: https://sparkzway.com