Welcome to Spark Interactive (“Spark Interactive,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website and general services. By using this website or engaging with Spark Interactive, you agree to these Terms.

If you do not agree, please do not use our website or Services.

1. About Spark Interactive

Spark Interactive is a marketing agency specializing in direct mail, video marketing, digital marketing, and AI-powered customer engagement services for the automotive repair industry and local service businesses. Our services may include, but are not limited to:

• Direct mail marketing, including variable data campaigns and rebate check programs (Snap Packs, ShopView DM, POP Mail)
• Video production and storytelling (Shop Story, Igniter Video System)
• AI-powered customer engagement (SPARK Inbox Pro AI), including AI Receptionist, AI Inside Salesperson, AI Support Agent, and AI Reputation Specialist
• Email and SMS marketing automation (Campaigns Pro)
• Social media marketing and content creation
• Marketing strategy and consulting

Specific services, deliverables, pricing, timelines, and obligations are governed by written proposals, service agreements, or statements of work (“Client Agreements”).

 

2. Website Use

You agree to use this website for lawful purposes only. You may not:

• Attempt to gain unauthorized access to the website or systems
• Disrupt or interfere with site security or functionality
• Copy, scrape, or reuse content without permission

We reserve the right to suspend or terminate access for misuse or violations of these Terms.

 

3. Client Agreements Control

If you engage Spark Interactive for paid services, those services are governed by a separate Client Agreement. In the event of any conflict between these website Terms and a Client Agreement, the Client Agreement shall control.

These website Terms are intended to supplement — not replace — executed service agreements.

 

4. SMS and Text Message Communications

Spark Interactive provides SMS and text messaging services in two contexts: (1) communications sent by Spark Interactive to its own prospects and customers, and (2) SMS marketing campaigns managed by Spark Interactive on behalf of its clients through SPARK Inbox Pro AI and Campaigns Pro.

 

4.1  Consent to Receive SMS Messages

By providing your mobile phone number and opting in through our website, consultation booking forms, or other opt-in mechanisms, you consent to receive recurring SMS and MMS messages from Spark Interactive. These messages may include appointment reminders, responses to inquiries, product and service information, and promotional content. Message frequency may vary.

 

4.2  Client SMS Campaigns

Clients who utilize Spark Interactive’s SMS tools — including SPARK Inbox Pro AI and Campaigns Pro — agree to the following:

• Clients are solely responsible for obtaining all required prior express written consent from their own customers before initiating SMS campaigns through Spark Interactive’s platform or tools.
• Clients represent and warrant that their use of Spark Interactive’s messaging tools complies with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, applicable FCC regulations, and any other federal, state, or local laws governing electronic communications.
• Clients agree to maintain and honor all opt-out requests in a timely manner and to provide required opt-out mechanisms in all messages.
• Spark Interactive reserves the right to suspend or terminate SMS services for any client whose campaigns are found to be non-compliant with applicable laws, carrier guidelines, or 10DLC registration requirements.

 

4.3  Opt-Out Instructions

Recipients may opt out of SMS messages at any time by replying STOP to any message. A one-time confirmation will be sent, and no further messages will be sent unless the recipient re-subscribes. For assistance, reply HELP or contact us at legal@sparkinteractive.com.

 

4.4  Message and Data Rates

Standard message and data rates may apply depending on the recipient’s mobile carrier plan. Spark Interactive is not responsible for any charges imposed by a recipient’s wireless provider.

 

4.5  Consent Not Required for Purchase

Consent to receive SMS messages is not a condition of purchasing any product or service from Spark Interactive.

 

4.6  No Third-Party Sale of Phone Numbers

Spark Interactive will not sell, rent, or share mobile phone numbers collected through its own opt-in channels with unaffiliated third parties for their own independent marketing purposes.

 

5. AI-Powered Customer Engagement Services

Spark Interactive provides AI-powered customer engagement services to its clients under the SPARK Inbox Pro AI platform. These services include AI Receptionist, AI Inside Salesperson, AI Support Agent, and AI Reputation Specialist capabilities, delivered through Conversations AI and Reputation AI platforms. The following terms apply to all clients using these services.

 

5.1  Nature of AI Services

Spark Interactive’s AI team members are automated tools designed to handle customer interactions on behalf of the client’s business across phone, SMS, web chat, email, WhatsApp, Facebook Messenger, Instagram DMs, and review platforms. Clients acknowledge that:

• AI responses are generated automatically and may not always reflect the precise policies, pricing, or conditions of the client’s business
• Clients are responsible for reviewing and approving AI configurations, knowledge bases, and response logic before deployment
• Spark Interactive’s AI tools are designed to escalate interactions to human team members when configured to do so, but Spark Interactive does not guarantee that every escalation will be handled in a timely manner by the client

 

5.2  Client Responsibilities for AI Deployments

Clients using SPARK Inbox Pro AI agree to:

• Provide accurate business information, policies, pricing, and service details for use in AI knowledge base configuration
• Review and approve all AI configurations, scripts, and response frameworks before going live
• Ensure that their customers are appropriately informed about the use of AI-powered or automated communication tools, as required by applicable law in their jurisdiction
• Comply with all applicable laws regarding the use of automated communications, artificial intelligence in customer interactions, and data privacy
• Promptly notify Spark Interactive of any material changes to their business that would affect AI response accuracy or compliance

 

5.3  AI Interaction Data

Conversation logs, call transcripts, CRM records, and other data generated through AI engagement tools are stored within the client’s account and accessible to the client. Spark Interactive acts as a data processor in this context. Clients are responsible for managing this data in accordance with applicable privacy laws, including providing appropriate notices to their customers about data collection and use.

 

5.4  Reputation AI and Review Management

Clients using Reputation AI authorize Spark Interactive to access and respond to reviews on connected platforms (e.g., Google Business Profile, Facebook) on their behalf. Clients remain responsible for the accuracy and appropriateness of AI-generated review responses. Spark Interactive recommends that clients periodically review automated responses to ensure alignment with their brand standards.

 

5.5  No Guarantee of AI Performance

Spark Interactive does not guarantee that AI team members will handle every interaction perfectly or that the use of AI tools will produce specific business outcomes. AI performance depends on the quality of client-provided information, the nature of customer interactions, and the limitations of the underlying AI platforms. All AI services are provided “as is” and subject to the limitations in Section 11.

 

5.6  AI Platform Third-Party Terms

SPARK Inbox Pro AI is powered by third-party AI platforms including GoHighLevel (Conversations AI and Reputation AI). Clients acknowledge that use of these services is also subject to those platforms’ own terms of service and acceptable use policies. Spark Interactive is not liable for changes, outages, or policy modifications by underlying AI platform providers.

 

6. Scope of Services & Revisions

All services are limited to the scope outlined in an approved Client Agreement.

• Requests outside of scope may require additional fees
• Project timelines are estimates and may change based on feedback, approvals, or unforeseen factors
• Unless otherwise stated, services typically include two (2) rounds of revisions

Additional revisions, changes, or rework may be billed separately.

 

7. Client Responsibilities & Approvals

Clients agree to:

• Provide timely access to materials, assets, feedback, and approvals
• Review all proofs carefully, including spelling, URLs, phone numbers, data, and factual details
• Ensure that any customer data, contact lists, or phone numbers provided to Spark Interactive for use in campaigns have been lawfully collected and that recipients have provided appropriate consent for the intended communications
• Review and approve AI configurations, knowledge bases, and response logic before deployment of any SPARK Inbox Pro AI services

Once a client provides final approval, Spark Interactive is not responsible for errors or omissions in the approved materials or AI configurations. Delays in client responses may impact project timelines and delivery dates.

 

8. Payments, Fees & Refunds

Payment terms are defined in Client Agreements. In general:

• A valid payment method is required before work begins
• Invoices may be billed automatically per agreed terms
• Late payments may result in paused work or suspended services

Production costs, direct mail, printing, postage, advertising spend, retainers, AI platform subscription fees, and third-party fees are non-refundable once incurred.

 

9. Intellectual Property & Ownership

Unless otherwise stated in writing:

• Clients own final deliverables upon full payment
• Spark Interactive retains ownership of proprietary tools, processes, templates, AI configurations, methodologies, and platform integrations
• Drafts, unused concepts, raw files, or working materials are not included unless specified

Spark Interactive reserves the right to display completed work in portfolios, case studies, and marketing materials unless otherwise agreed in writing.

 

10. Third-Party Services

Some services rely on third-party platforms, vendors, or tools, including GoHighLevel (CRM, Conversations AI, Reputation AI), ClickFunnels, ad platforms, print vendors, SMS carriers, and messaging platforms. Spark Interactive is not responsible for outages, policy changes, errors, or performance issues caused by third-party services outside our control.

Clients acknowledge that use of third-party SMS carriers, AI platforms, and messaging tools is subject to those providers’ own terms of service and acceptable use policies, including applicable 10DLC registration and carrier compliance requirements.

 

11. No Guarantees

Marketing outcomes depend on many factors beyond our control. While Spark Interactive applies proven strategies and best practices, we do not guarantee specific results, including revenue increases, lead volume, conversions, rankings, AI interaction quality, or performance outcomes unless explicitly stated in writing.

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

 

12. Limitation of Liability

To the fullest extent permitted by law, Spark Interactive shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of this website or our Services, including damages arising from the use of or reliance on AI-generated content, automated responses, or AI engagement tools.

Our total liability for any claim related to services shall not exceed the amount paid to Spark Interactive by the client in the three (3) months preceding the claim.

Spark Interactive shall not be liable for any fines, penalties, or damages arising from a client’s failure to comply with TCPA, CAN-SPAM, or other applicable laws governing electronic and SMS communications, or from a client’s failure to comply with applicable AI disclosure requirements, when using Spark Interactive’s messaging or AI tools.

 

13. Indemnification

You agree to indemnify and hold harmless Spark Interactive, its owners, employees, and partners from any claims, damages, or expenses arising from:

• Your misuse of the website or Services
• Your violation of these Terms or a Client Agreement
• Materials you provide that infringe third-party rights
• Your failure to obtain required consents for SMS or email communications sent using Spark Interactive’s tools or platform
• Any non-compliance with TCPA, CAN-SPAM, or other applicable communications laws in connection with campaigns you direct or approve
• Any claims arising from your use of AI-powered engagement tools, including claims related to automated responses, AI-generated content, or failure to disclose the use of AI to your customers

 

14. Confidentiality

Both parties agree to keep confidential any non-public business, technical, or strategic information shared during the course of a business relationship, except where disclosure is required by law. This includes, but is not limited to, client customer lists, contact data, campaign strategies, and AI knowledge base configurations.

 

15. Termination

Spark Interactive reserves the right to refuse or terminate website access or services for violations of these Terms, non-payment, or misuse. Termination of paid services is governed by the applicable Client Agreement.

Spark Interactive reserves the right to immediately suspend SMS, AI engagement, or messaging services without notice if a client’s use is found to violate applicable laws, carrier policies, AI platform acceptable use policies, or these Terms.

 

16. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Colorado.

 

17. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page with a revised “Last Updated” date. Continued use of the website or Services constitutes acceptance of the updated Terms.

 

18. Contact Information

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

 

Spark Interactive

Attn: Legal Department
1824 Woodmoor Dr Suite 203-A
Monument, CO 80132
Phone: (805) 590-7916
Email: legal@sparkinteractive.com
Website: https://www.sparkinteractive.com