Terms and Conditions

Effective Date: 20th April 2025
Business Name: Sparkzway

Welcome to Sparkzway (“we,” “us,” or “our”). By accessing our website or engaging with our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms and Conditions. Please read them carefully.

By engaging with Sparkzway, you acknowledge and accept our Terms and Conditions regarding the use of our services.

1. Overview of Services

We are a hybrid agency offering:

  • Website design & development, primarily for real estate professionals
  • Custom AI agents that help automate your real estate operations, major services including:
    • Inbound and outbound calling
    • Lead qualification and capture
    • CRM updates
    • Appointment scheduling
    • Marketing post creation for platforms like LinkedIn, Threads, and X (formerly Twitter)

All services are customized based on your goals, workflows, and business style.

2. AI Agent Data Requirements

To effectively train and customize your AI agent, we may request the following data:

  • Scripts or call recordings (for tone, phrasing, and flow)
  • Examples of marketing content or social media posts
  • Business tone, ethics, and customer communication style
  • Property listing data (prices, locations, specs, etc.)
  • Lead qualification criteria and responses
  • CRM structure and field logic
  • Typical questions and answers from your leads/clients
  • Pricing structures, services offered, and agent commission models
  • Branding guidelines (language, tone, colors, etc.)

This information is used strictly to develop and personalize your AI agent and deliver our services.

3. Data Privacy and Retention

We take your data seriously:

  • We do not sell, share, or rent your data to any third party for any reason.
  • All training data used for your AI agent is stored only for development purposes.
  • All data provided for AI training is automatically deleted within 30 days from the start of your contract unless agreed upon otherwise in writing.
  • Sensitive client or listing information is protected using industry-standard digital safeguards.

Please refer to our Privacy Policy for more details.

4. Website Design Services

Our website design services are tailored to real estate agents and agencies. We use reliable technologies (primarily WordPress and third-party plugins) to deliver modern, fast, and responsive websites.

When you provide us with branding assets, copy, images, or login credentials:

  • You retain ownership of your content.
  • We use these only for the purpose of fulfilling your project.

5. Client Responsibilities

You agree to:

  • Provide complete and accurate business information necessary to complete the work.
  • Respond promptly to requests for approvals, content, or clarification.
  • Use our services only for lawful and professional purposes.
  • You may not copy, reverse-engineer, resell, or alter any of our software, content, or intellectual property without prior written authorization. Unauthorized use or violation of this clause may result in immediate termination of services and potential legal action.

6. Payment Terms

  • Fees for services are defined in your individual service agreement or invoice.
  • Depending on the project, payment may be required upfront, in phases, or on a subscription basis.
  • Invoices are payable within the specified terms (usually 7–14 days).
  • Late payments may incur interest, service delays, or suspension of work.

All payments are non-refundable once work has commenced unless stated otherwise in your agreement.

7. Cancellation Policy

You may cancel services at any time by notifying us in writing. However:

  • A minimum of 30 days’ notice is required before cancellation of any active project or retainer.
  • If you cancel without 30 days’ notice, a cancellation fee may apply to cover time, labor, and resources already allocated.
  • Any outstanding payments will still be due at the time of cancellation.

8. Third-Party Tools and Integrations

Our services may involve the use of third-party tools and plugins (such as WordPress plugins, CRMs, and automation tools). You understand and agree that:

Understanding our Terms and Conditions will help you maximize your experience with our services.

  • These tools may be governed by their own terms and privacy policies.
  • Sparkzway is not liable for errors, outages, or data loss caused by third-party tools or platforms.

9. Ownership and Licensing

  • Upon full payment, you own the deliverables we create for you — including your website, custom AI agent, and branded assets — unless stated otherwise in a separate agreement.
  • Sparkzway retains the right to display anonymized versions of your project in our portfolio unless you request confidentiality in writing.

10. Limitation of Liability

To the maximum extent permitted by law, Sparkzway shall not be liable for:

  • Loss of business, revenue, or profits
  • Damages resulting from the use or inability to use your AI agent or website
  • Third-party service failures

Our total liability is capped at the total amount you paid to us in the past 60 days.

11. Disclaimers

  • AI agents are tools designed to assist — not replace — human judgment. Performance depends on the quality and completeness of data provided.
  • We make no guarantees of leads, conversions, or sales increases.
  • Web and AI tools may be subject to updates or maintenance-related downtime.

12. Governing Law for our terms and conditions

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Disputes shall be resolved in courts located in that state.

Payment terms related to our services are set forth in our Terms and Conditions.

13. Amendments

All clients must adhere to our Terms and Conditions for a smooth collaboration.

We may update these Terms from time to time. When we do, we’ll notify you via email or on our website. Continued use of our services after changes constitutes your acceptance of the new terms.

14. Contact Information

If you have any questions or concerns about these Terms, you may contact us at:

Sparkzway
Email: contact@sparkzway.com
Website: sparkzway.com

Cancellation procedures are described within our Terms and Conditions, ensuring clarity for all clients.

All users are recommended to familiarize themselves with our Terms and Conditions before usage.

Terms and Conditions play a vital role in understanding the scope of our services and deliverables.

It is critical to grasp the limitations outlined in our Terms and Conditions for your protection.

Governing laws related to our Terms and Conditions will apply to all transactions.