Terms and Conditions

1. Acceptance of Terms

By accessing and using SPARK CRM ("we," "our," or "us") services, including our Klaviyo management platform (the "Service"), you accept and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and SPARK CRM. We may update these Terms from time to time, and your continued use of the Service after such changes constitutes acceptance of the updated Terms.

2. Description of Service

SPARK CRM provides a platform that helps users manage and optimize their Klaviyo email marketing campaigns. Our Service includes features such as:

• Audit score analysis and reporting
• Campaign management and calendar tools
• Flow setup assistance
• Email template downloading
• Automated reporting
• AI-powered segment creation
• Instagram feed integration
• Other related features and tools

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. User Accounts and Registration

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our Service. By creating an account, you represent and warrant that you meet these requirements.

4. Use of Service

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to:

• Use the Service in compliance with all applicable laws and regulations
• Respect the intellectual property rights of SPARK CRM and third parties
• Not interfere with or disrupt the Service or servers connected to the Service
• Not attempt to gain unauthorized access to any portion of the Service
• Not use the Service to transmit any malicious code, viruses, or harmful data

4.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction (including copyright laws)
• Transmit any worms, viruses, or any code of a destructive nature
• Spam, phish, pharm, pretext, spider, crawl, or scrape
• Interfere with or circumvent the security features of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Share your account credentials with others or allow unauthorized access

5. Subscription and Payment

5.1 Subscription Plans

The Service is offered on a subscription basis. We offer various subscription plans with different features and pricing. Current pricing and plan details are available on our pricing page and may be updated from time to time.

5.2 Payment Terms

By subscribing to a paid plan, you agree to pay all fees associated with your selected plan. Fees are billed in advance on a recurring basis (monthly or annually, as selected). All fees are non-refundable except as required by law or as explicitly stated in our refund policy.

5.3 Payment Processing

Payments are processed through third-party payment processors (e.g., Stripe). You agree to provide current, complete, and accurate purchase and account information for all purchases. You are responsible for any taxes applicable to your subscription.

5.4 Subscription Changes and Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until the end of your paid period.

We reserve the right to change our pricing with 30 days' notice. Price changes will apply to your next billing cycle.

6. Third-Party Integrations

The Service integrates with third-party services, including Klaviyo, Instagram, and other platforms. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

By connecting your accounts to third-party services, you authorize us to access and use your data from those services as necessary to provide the Service. You are responsible for maintaining the security of your third-party account credentials and for any actions taken through those accounts.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, logos, and trademarks, is owned by SPARK CRM and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, except as permitted by law.

7.2 Your Content

You retain ownership of any data, content, or materials you upload, submit, or transmit through the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process Your Content solely for the purpose of providing and improving the Service.

8. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of information as described in our Privacy Policy.

You are responsible for ensuring that any data you provide to us, including data from third-party services, complies with applicable data protection laws and that you have the necessary rights and permissions to share such data.

9. Service Availability and Modifications

We strive to provide reliable service but do not guarantee that the Service will be available at all times or free from errors, interruptions, or defects. We may perform scheduled or unscheduled maintenance that may temporarily interrupt access to the Service.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant or make any representations regarding the use or results of the Service in terms of accuracy, reliability, or otherwise.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPARK CRM, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

11. Indemnification

You agree to defend, indemnify, and hold harmless SPARK CRM, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property rights
• Your Content or any content you submit through the Service

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by canceling your subscription and deleting your account through your account settings. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiation. If a dispute cannot be resolved through negotiation, it shall be subject to the exclusive jurisdiction of the courts located in Paris, France.

14. 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. 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. If you do not agree to the new terms, please stop using the Service.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SPARK CRM regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

16. Contact Information

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

• Email: [email protected]
• Support: [email protected]

SPARK CRM
Made in Paris, France