Terms of Service

These Terms of Service (the “Terms”) are a legal agreement between you and Ivan Balboa, doing business as Respark (“Respark”, “we”, “us”). They cover your use of the Respark website at https://resparkgroup.com, the Respark app, and everything we provide through them (together, the “Service”).

If you use the Service for a business, school, team, nonprofit, or other organization, you accept these Terms on its behalf, and you confirm you have authority to do so. In that case, “you” means that organization, and the people it lets use its account (“Users”) must follow these Terms too.

These Terms include, by reference, our Acceptable Use Policy and our Data Processing Addendum (“DPA”). Our Privacy Policy explains how we handle personal information. If these Terms and the DPA conflict about personal information we process for you, the DPA wins.

Section 19 contains an arbitration agreement and a class-action waiver. It affects how disputes are resolved. You can opt out of it within 30 days (see Section 19.7).

• You must be at least 18 years old and able to enter a binding contract.
• The Service is for business and organizational use (marketing, sales, customer relationships, and fundraising). It is not for personal, family, or household use.
• The Service is offered in the United States. You may not use it if you are located in, or acting for someone in, a country or on a list subject to U.S. sanctions.
• We may refuse service to anyone, for any lawful reason.

• Give accurate information when you sign up, and keep it up to date.
• Keep your password private and don’t share your login. You’re responsible for everything done through your account and by the Users you invite.
• The account owner controls the account, its data, its team, and its billing. Owners can add or remove Users and change their roles.
• Tell us right away at support@resparkgroup.com if you suspect someone has accessed your account without permission.

Respark provides software to create and run campaigns, publish campaign pages and sign-up forms, organize contacts in a CRM, track sales and results, send email, run automations, make flyers, and run fundraising campaigns with participant links and leaderboards. Features vary by plan.

• Changes. We improve the Service over time and may add, change, or remove features. If we remove a major feature you pay for, we’ll give reasonable notice.
• “Coming soon” and beta features are labeled as such. They may change, may not be finished, and are provided as-is.
• Sample data is fictional, clearly labeled, and only for trying the Service.
• No guaranteed results. Respark is a tool. We don’t promise any number of leads, sales, donations, or any other outcome. Figures labeled as estimates are estimates.
• Availability. We work to keep the Service running but don’t promise it will be uninterrupted or error-free. We may pause it for maintenance or security.

Automatic renewal. Paid plans are subscriptions billed monthly or yearly, as you choose at checkout. They renew automatically at the end of each billing period (every month, or every year) and are charged to your payment method at the start of each period until you cancel. Current prices: monthly Starter $149/month, Growth $299/month, Pro $399.20 (20% off $499)/month; yearly Starter $1,430/year, Growth $2,870/year, Pro $4,790/year (plus any applicable taxes). The price and renewal terms are shown again before you subscribe, and you’ll be asked to agree to them.

How to cancel. Cancel anytime online: go to Settings → My Plan → Manage billing & change plan, then choose Cancel on the secure billing page. You can also email support@resparkgroup.com. Cancellation takes effect at the end of the current billing period; you keep access until then and won’t be charged again.

• Payments are processed by Stripe. We don’t see or store your full card number. By subscribing you authorize recurring charges for your plan.
• Plan changes. Upgrades (including switching from monthly to yearly) take effect when you make them, and Stripe adjusts the charge for the rest of the period (proration). Downgrades and switching from yearly to monthly take effect at the end of the period you’ve paid for.
• Pro monthly promotion. Pro on monthly billing is 20% off its regular monthly price for as long as the subscription continues. It doesn’t apply to yearly billing, isn’t combined with other discounts, and ends if you switch to another plan or to yearly billing. We may stop offering it to new subscribers at any time; existing discounted subscriptions keep it.
• New-business offer. A business that has never subscribed before gets 20% off the first 3 monthly payments of a Starter or Growth monthly plan; after that, the regular monthly price applies. The offer isn’t available on yearly plans, can’t be combined with other discounts, has no cash value, and may be changed or ended for new subscriptions at any time.
• Price changes. We’ll give you at least 30 days’ notice by email before a price increase takes effect for your plan. You can cancel before it applies.
• Refunds. Fees are non-refundable, including for partial months and partial years, unless the law requires otherwise or we decide to give a refund. If you cancel a yearly plan, you keep access until the end of the year you’ve paid for, and it won’t renew.
• Taxes. Prices don’t include taxes. You’re responsible for taxes on your purchase, other than taxes on our income.
• Failed payments. If a payment fails, we may retry it and may limit or suspend paid features until it’s resolved.
• Reminders. We email renewal reminders explaining your plan, its price, and how to cancel: once a year for monthly plans, and about a month before each renewal for yearly plans.

Some features let you accept payments or donations from your own customers or supporters (“Campaign Payments”) and receive payouts. These are processed by Stripe through Stripe Connect. Where available:

• You must create and keep a Stripe account in good standing, and you agree to Stripe’s terms, including the Stripe Connected Account Agreement. Stripe, not Respark, verifies your identity and holds and moves the money.
• You are the seller. You are responsible for what you sell or raise money for, its prices, delivery, refunds, customer service, disputes and chargebacks (as Stripe handles them for your account), receipts, and all taxes.
• Platform fee. Respark may charge a platform fee on Campaign Payments. The fee for your account is shown in Settings before you accept payments, and is deducted automatically from each payment. Stripe’s own processing fees are separate. Fee changes apply only to future payments, with notice.
• Payout timing, holds, and reserves are controlled by Stripe.

If you run a fundraising campaign (for example for a school, team, club, or nonprofit):

• Respark provides software only. Respark is not a charity, does not solicit donations, does not act as a professional fundraiser, fundraising counsel, or commercial co-venturer, and does not decide how funds are used.
• You are responsible for having permission to raise money for the organization you name (including any school or district approval), for the accuracy of what you say about the fundraiser, for how the money is used, for any charitable-solicitation registrations required in your state, and for any donation receipts or tax statements.
• Participants and minors. Fundraising participants (such as students or players) may sign up with only a first name and last initial and their group. You must not ask participants for contact details or other personal information through Respark. If participants are under 18, you are responsible for getting any permission required from their parent, guardian, or school. Do not use Respark to collect personal information from children under 13.
• Leaderboards and participant pages show first names and last initials. Don’t enter full names of minors.

“Your Data” means everything you or your Users put into the Service, plus what your campaign pages and forms collect: contacts, sales, campaign content, images, messages, and similar information.

• You own Your Data. You give Respark permission to host, copy, process, and display Your Data only as needed to provide, secure, and support the Service, to follow your instructions, and as the law requires.
• We process personal information in Your Data for you. For that information, you are the business (“controller”) and Respark is your service provider (“processor”), under the DPA.
• Your responsibilities. You are responsible for Your Data, how you got it, and how you use it. That includes giving people any required privacy notices, getting any consent the law requires (including for emails and text messages), honoring opt-outs and privacy requests, and making sure you have the right to use any content you upload.
• No sensitive data. Don’t put sensitive information in the Service: Social Security or government ID numbers, financial account or full card numbers, passwords, health or medical information, biometric data, precise location, or information about children under 13. The Service isn’t designed to protect that kind of data.
• We don’t sell Your Data, use it to advertise to anyone, or use it to train AI models.
• Aggregated information. We may use information about how the Service is used (for example feature usage and performance), in a form that doesn’t identify you or any person, to run and improve the Service.
• Export. You can download your contacts, sales, campaigns, and participant results as spreadsheets at any time.

When you use Respark to send emails or, when available, text messages, you are the sender and you are responsible for complying with the law, including:

• the CAN-SPAM Act for email (accurate sender and subject lines, your physical mailing address, a working unsubscribe link, and honoring unsubscribes promptly);
• the Telephone Consumer Protection Act (TCPA) and state laws for texts and calls (including prior express written consent for marketing texts, quiet hours, and honoring “STOP” and other opt-out requests), plus carrier rules such as A2P 10DLC registration;
• any other marketing, privacy, and consumer-protection laws that apply to you and the people you contact.

Respark includes tools to help (permission tracking, unsubscribe links, sending limits), but those tools don’t make your messages lawful on their own. Never send messages to people who haven’t agreed to receive them, and never use purchased, rented, or scraped lists. Emails sent through Respark may measure opens and link clicks so you can see results.

You must follow the Acceptable Use Policy. It bans, among other things, spam, purchased or scraped lists, illegal or deceptive campaigns, collecting sensitive data or children’s data, and attempts to break or misuse the Service. We may remove content or suspend accounts that break it.

The Service works with services from other companies, such as Stripe, Shopify, and email providers. When you connect or use them, their own terms and privacy policies apply to what they do. Respark isn’t responsible for their services, and we may change or stop an integration if the other company changes it or stops offering it.

• The Spark help assistant uses an AI model from Anthropic to answer questions about how Respark works. What you type into Spark is sent to Anthropic to produce the answer. Anthropic’s commercial terms don’t allow it to train its models on that data.
• AI answers can be wrong or incomplete. Check important information, and don’t rely on AI for legal, tax, financial, or compliance advice.
• Don’t type passwords, payment details, or sensitive personal information into Spark.
• You are responsible for reviewing anything AI helps you create before you use or send it.

Respark and its licensors own the Service, including its software, design, logos, and content (other than Your Data). These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription, for your organization, under these Terms. You may not copy, resell, reverse-engineer, or build a competing product from the Service.

If you send us ideas or feedback, we may use them without any obligation to you. Your campaign pages may show “Made with Respark” or similar attribution.

Each of us will protect the other’s non-public information that is marked confidential or should reasonably be understood as confidential, use it only for this agreement, and share it only with people who need it and are bound to protect it. This doesn’t apply to information that is public, already known, independently developed, or lawfully received from someone else. Either of us may disclose information if the law requires, after giving notice where allowed.

• You can stop using the Service and cancel your plan at any time (see Section 5).
• We may suspend or end your access if you break these Terms or the Acceptable Use Policy, don’t pay, create legal or security risk for us or others, or if the law requires it. Where reasonable, we’ll give notice and a chance to fix the problem first; we may act immediately for serious violations such as spam, fraud, or illegal content.
• Your data after you leave. After your account is closed, you have 30 days to export Your Data (contact us if you need help). After that, we delete it from the live system within 30 days, and from backups as they expire, unless the law requires us to keep it.
• Sections that by their nature should continue after the agreement ends (such as payment owed, data rights, disclaimers, limits of liability, indemnity, and disputes) continue.

The Service is provided “as is” and “as available.” To the fullest extent the law allows, Respark disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service will be uninterrupted, error-free, secure, or produce any particular result. Respark does not give legal, tax, or compliance advice.

To the fullest extent the law allows: (a) neither party is liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if told they were possible; and (b) Respark’s total liability for all claims relating to the Service or these Terms is limited to the amount you paid Respark in the 12 months before the event giving rise to the claim, or $100 if you paid nothing.

These limits don’t limit your obligation to pay fees owed or your obligations under Section 18 (Indemnity), and they apply even if a remedy fails of its essential purpose. Some places don’t allow certain limits, so some of these may not apply to you.

You will defend, indemnify, and hold harmless Respark and its owners, contractors, and agents from any claims, damages, fines, losses, and costs (including reasonable attorneys’ fees) arising from: (a) Your Data or how you collected or used it; (b) emails, texts, or other messages you send; (c) your campaigns, products, fundraisers, payments, and promises to your customers or supporters; (d) your breach of these Terms or the Acceptable Use Policy; or (e) your violation of any law or anyone else’s rights. We’ll tell you about the claim, let you control the defense (you may not settle in a way that admits fault for Respark or binds Respark without our consent), and reasonably cooperate at your expense.

Please read this section carefully. It requires most disputes to be resolved by individual arbitration instead of in court, and it waives class actions and jury trials.

19.1 Talk to us first. Before starting arbitration or a court case, the party with a claim must send a written notice to the other (to us at support@resparkgroup.com) describing the claim and the relief wanted. We’ll both try in good faith to resolve it for 60 days. Any time limit to bring the claim is paused during that period.

19.2 Arbitration. If it isn’t resolved, any dispute, claim, or controversy arising out of or relating to the Service or these Terms (including whether this section applies) will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or its Consumer Arbitration Rules if those rules require it), before one arbitrator. The Federal Arbitration Act governs this section. The arbitration will take place by video or phone, or in Indiana if an in-person hearing is needed, unless we agree otherwise. Judgment on the award may be entered in any court with jurisdiction.

19.3 Exceptions. Either of us may (a) bring an individual claim in small-claims court if it qualifies, and (b) ask a court for an injunction to stop actual or threatened misuse of intellectual property, confidential information, or the Service.

19.4 No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not combine more than one party’s claims or award relief to anyone other than the individual party. If this paragraph is found unenforceable for a particular claim, that claim (and only that claim) must be decided by a court, after any individual arbitrable claims are resolved.

19.5 Many similar claims. If 25 or more similar claims are brought against Respark by or with the help of the same law firm or coordinated group, they will be handled in batches of up to 10, with the remaining claims paused until each batch is decided, and the AAA’s Mass Arbitration Supplementary Rules apply where they would. Time limits are paused for paused claims.

19.6 Jury waiver. If a claim proceeds in court rather than arbitration, both parties waive any right to a jury trial.

19.7 Opting out. You can opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@resparkgroup.com with your name, your account email, and a statement that you opt out of arbitration. Opting out doesn’t affect any other part of these Terms.

19.8 Changes. If we make a material change to this section, it won’t apply to a dispute we already knew about, and you may reject the change by emailing us within 30 days of it taking effect.

19.9 Time limit. To the extent the law allows, any claim must be brought within one year after it arises, or it is permanently barred.

These Terms are governed by the laws of the State of Indiana and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 19, any court case will be brought only in the state or federal courts located in Indiana, and both parties consent to their jurisdiction.

We may update these Terms. For material changes, we’ll give at least 30 days’ notice by email or in the app before they take effect, except where a change is needed sooner for legal or security reasons. The “Last updated” date shows the current version. If you keep using the Service after changes take effect, you accept them; if you don’t agree, cancel before they take effect.

• Whole agreement. These Terms (with the Acceptable Use Policy, DPA, and any order or plan details you accept) are the entire agreement about the Service.
• Notices. We send notices to your account email or in the app. Send notices to us at support@resparkgroup.com. You agree to receive agreements, notices, and records electronically.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them in a merger, acquisition, or sale of assets, or to a company we form to run Respark (such as a limited liability company).
• Events outside our control. Neither party is responsible for delays caused by events beyond reasonable control (other than payment obligations).
• Severability and waiver. If part of these Terms is unenforceable, the rest stays in effect. Not enforcing a right isn’t a waiver of it.
• Relationship. We are independent contractors. Nothing here creates a partnership, employment, or agency. There are no third-party beneficiaries.

Ivan Balboa, doing business as Respark · support@resparkgroup.com · https://resparkgroup.com