Terms of Service

Acceptance of Terms

SparkMailer Inc. ("SparkMailer," "we," "us," or "our") provides its services (described below) to you through its website located at sparkmailer.com (the "Site") and through its related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service").

Binding Agreement

By registering for, accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you may not access or use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised.

Definitions

For purposes of these Terms of Service, the following terms have the meanings set forth below:

"Service"

The SparkMailer email marketing platform, including all features, functionality, tools, and content.

"User" or "You"

Any person or entity that registers for, accesses, or uses the Service.

"Customer Data"

Any data, information, or material that you submit to the Service, including email lists, contact information, and campaign content.

"Content"

All information, data, text, software, sound, photographs, graphics, video, messages, or other materials.

"Subscription"

The paid access to the Service based on the selected pricing plan.

Account Registration

Eligibility

To use the Service, you must be at least 18 years of age or the age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms of Service as a binding agreement.

Registration Information

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Account Types

Individual Accounts: For single users with personal or business use.
Team Accounts: For multiple users within an organization with role-based access.
Enterprise Accounts: For large organizations with custom requirements and dedicated support.

Services & Features

SparkMailer provides an email marketing platform that includes the following core features:

Email Campaign Management: Create, send, and track email marketing campaigns.
Contact Management: Import, segment, and manage contact lists.
AI-Powered Features: Content generation, optimization, and analytics powered by artificial intelligence.
Analytics & Reporting: Track campaign performance and engagement metrics.
Automation: Create automated email sequences and workflows.

Service Level Agreement

We strive to maintain 99.9% uptime for our Services. Scheduled maintenance will be communicated in advance, and we will make reasonable efforts to perform maintenance during off-peak hours.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

In any way that violates any applicable federal, state, local, or international law or regulation
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our Content Standards
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent

Email Marketing Best Practices

You agree to follow email marketing best practices, including:

Permission-Based Marketing

Only send emails to recipients who have explicitly opted-in to receive communications from you.

Clear Identification

Clearly identify yourself and provide valid contact information in all communications.

Unsubscribe Compliance

Honor unsubscribe requests promptly and include clear unsubscribe links in all emails.

Content Accuracy

Ensure all content is accurate, truthful, and not misleading.

Prohibited Activities

You may not use the Service for any of the following prohibited activities:

Strictly Prohibited Content & Activities

Spam or unsolicited commercial email
Phishing or fraudulent activities
Malware, viruses, or malicious code distribution
Adult content, pornography, or sexually explicit material
Hate speech, harassment, or discriminatory content
Illegal substances, products, or services
Pyramid schemes or multi-level marketing
Gambling, casinos, or sports betting
Counterfeit goods or intellectual property infringement
Get-rich-quick schemes or deceptive business practices

Zero Tolerance Policy

We have a zero-tolerance policy against spam and prohibited activities. Any violation may result in immediate account suspension or termination without refund.

Compliance with Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including but not limited to:

CAN-SPAM Act (United States)
GDPR (European Union)
CASL (Canada)
Privacy and Electronic Communications Regulations (UK)
Other applicable email marketing and data protection laws

Intellectual Property

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of SparkMailer and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Your Content

You retain all rights to the Customer Data you submit to the Service. By submitting Customer Data, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and display the Customer Data solely for the purpose of providing the Service to you.

License Grant

We claim no intellectual property rights over the Customer Data you provide to the Service. All Customer Data uploaded remains yours.

Feedback

You may choose to submit comments, ideas, or feedback about the Service. By submitting feedback, you agree that we are free to use such feedback for any purpose without compensation to you.

Payment & Billing

Subscription Fees

The Service is offered on a subscription basis. You agree to pay all applicable fees for the selected subscription plan. Fees are based on the Services purchased and not actual usage.

Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis, depending on the billing period you select. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

Price Changes

We reserve the right to change subscription fees upon 30 days' notice. Such notice may be provided at any time by posting the changes to the SparkMailer Site or through the Service itself.

Payment Failure

If payment fails for any reason, we may suspend your access to the Service until payment is received. Accounts that are 30 days or more overdue may be terminated at our discretion.

Free Trial

We may offer a free trial period for new users. At the end of the free trial period, you will be automatically charged the applicable subscription fee unless you cancel before the trial ends.

Termination

Termination by You

You may cancel your account and subscription at any time through your account settings. Upon cancellation, your account will be downgraded to free features or deactivated at the end of your billing period.

Termination by Us

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Data Export

Upon termination, you may export your Customer Data for a period of 30 days following termination. After this period, we may delete your Customer Data in accordance with our data retention policies.

Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPARKMAILER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable
We are not responsible for any damages to your computer system or loss of data that results from your use of the Service
No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these terms

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPARKMAILER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Liability Cap

Our total cumulative liability to you for all claims arising from or related to these Terms or your use of the Service shall not exceed the total amount of fees paid by you to us during the six-month period immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless SparkMailer, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of these Terms.

Your Responsibility

You are solely responsible for your conduct and content while using the Service, and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper, and in accordance with these Terms.

Governing Law

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

Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in Delaware, in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You acknowledge and agree that you are waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.

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.

Notification of Changes

We will notify you of material changes to these Terms by posting the updated terms on our website, sending an email notification, or through other reasonable means. Your continued use of the Service after any changes indicates your acceptance of the updated terms.

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.

Contact Information

If you have any questions about these Terms, please contact us:

Legal Department

Email: legal@sparkmailer.com

For legal notices: Please send all legal notices to our designated registered agent.

We typically respond to legal inquiries within 3-5 business days. For urgent matters, please include "URGENT" in your subject line.