Terms of Service

1. Accepting these terms

These terms form an agreement between you and [REGISTERED COMPANY NAME] (“SparkSocial”, “we”, “us”). Creating an account or using the service means you accept them. If you accept on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.

They work alongside our Privacy Policy. If you do not accept them, do not use SparkSocial.

2. What SparkSocial provides

SparkSocial is a workspace that:

• builds a profile of your brand — its voice, offer, audience and rules — from what you tell it and from a website address you supply;
• monitors supported public sources for conversations and scores them for relevance to that brand;
• drafts content shaped for the platform you are posting to;
• stores and organises your media, tracking usage rights and reuse;
• plans a calendar and groups content into campaigns;
• publishes approved content to accounts you have connected;
• retrieves comments and messages, classifies them and drafts replies;
• reports on results and can adjust the planned mix accordingly.

We add, change and occasionally remove features. Where a change materially reduces a feature you rely on, we will give you reasonable notice.

3. Your account and your workspace

• Give accurate registration details and keep them current.
• You are responsible for activity under your account and for keeping credentials secure. Tell us promptly if you believe it has been accessed without permission.
• You must be old enough to enter a contract where you live.

An account can hold several brand workspaces. Material in each is isolated from the others as described in section 4 of the Privacy Policy.

The account owner controls roles, per-brand access and approval rules. If you were invited into someone else’s workspace, they control what you can reach and they own the content in it — including after you leave.

4. Your content

You keep ownership of everything you upload or create: brand material, media, drafts and published posts.

You grant us a limited, non-exclusive licence to host, store, process, adapt and transmit that content strictly as needed to run the service for you — storing it, passing it to the processors listed in our Privacy Policy, and publishing it to accounts you have connected. The licence ends when you delete the content or close your account, except for copies held in backups until they are overwritten.

We do not use your content to train our own models, and we do not license it to anyone else.

You confirm you hold the rights to what you upload, including rights in anyone appearing in photographs or video, and in any music, footage or artwork you did not create. The product lets you mark an asset’s rights status; marking something as cleared is your representation that it is.

5. AI-generated content

SparkSocial drafts using third-party AI models. Four consequences follow, and they are not boilerplate:

• Output can be wrong. Models produce text that is inaccurate, out of date or unsuitable. Reviewing it before it goes out is your responsibility, not ours.
• Output is not unique to you. Similar inputs can produce similar output for other customers. We do not claim ownership of drafts generated for you, and we cannot guarantee that AI output is protectable by copyright or free of third-party claims.
• Relevance scores are estimates. Momentum and brand-relevance figures are the product's assessment from available signals. They are a prompt for your judgement, not a fact about the market.
• We promise no results. Nothing here is a commitment about reach, engagement, followers, leads or revenue.

The product applies the brand rules you configure — banned phrases, required disclaimers, restricted topics — to drafts. These are a safeguard, not a guarantee of compliance with advertising, financial-promotion, health or any other regulation that applies to you. Where your industry is regulated, that review remains yours.

6. Publishing and approval

SparkSocial does not publish content you have not authorised.

Each workspace has approval settings that decide what may go out unattended and what must wait for a person. Those settings are yours, and you can require sign-off on every post, on publishing generally, or on spending above an amount you set.

If you configure the product to publish without individual review — which some settings allow — you remain responsible for what is published. That configuration is your authorisation.

The agent can be paused at any time, which stops it acting unattended without affecting anything you do yourself.

7. Connected platforms

Your use of each social platform remains governed by that platform’s own terms, which you are responsible for complying with. Connecting an account to SparkSocial does not change your relationship with that platform.

Which platforms are available depends on each platform’s own approval process and API terms. These change, sometimes without notice, and are outside our control. We do not guarantee that any particular platform is available, will remain available, or will keep working the same way.

We are not responsible for a platform rejecting a post, removing content, rate-limiting, changing its API, or suspending your account. Where a publish fails we surface the error the platform returned so you can act on it.

8. The capture loop

If you use the capture loop, we send shot lists to a phone number you supply and receive the media you send back, over the WhatsApp Business Platform. You confirm you are entitled to use that number and to receive business messages on it, and that anyone appearing in the media you send has agreed to it.

Message delivery depends on Meta’s platform and on business verification, which we do not control.

9. Avatars, voice and likeness

Avatar and voice cloning are disabled by default. Enabling them requires you to record a consent entry naming whose likeness or voice it is and who granted permission.

You are responsible for holding that permission, and for it being valid where the person lives. Recording consent in the product is a record of your representation — it is not us verifying it. Revoking consent stops future generation; it does not retract content already published.

10. Acceptable use

You may not use SparkSocial to:

• break the law, or any connected platform’s rules;
• publish content that is unlawful, defamatory, harassing, hateful or deliberately deceptive;
• impersonate a person or organisation, or misrepresent an association with one;
• publish material you have no right to use, including someone else’s likeness or voice;
• run coordinated inauthentic activity, spam, or artificial engagement;
• generate content that sexualises minors, or that promotes self-harm, violence or illegal goods;
• circumvent plan limits, the approval controls, or the isolation between workspaces;
• probe, overload, scrape or reverse-engineer the service;
• resell or sublicense the service, except under a plan that expressly permits managing brands for clients.

We may remove content or suspend access where we reasonably believe this section has been breached.

11. Plans, credits and payment

Chargeable actions — generating media, publishing, transcription and similar — consume credits from your plan’s monthly allowance. Free actions, such as reading your own calendar, do not.

• The usage screen shows what has been spent, on what, and what remains. Every charge is recorded against the action that caused it.
• Your plan sets a monthly ceiling. You can set your own limit below it, and per-category limits within it. When a limit is reached, the affected actions are refused rather than billed on.
• Paid plans are billed in advance on the cycle shown at checkout and renew automatically until cancelled. Cancel before the renewal date to avoid the next charge.
• Fees are exclusive of tax unless stated; you are responsible for any applicable tax.
• We may change prices on [NOTICE PERIOD] notice, effective at your next renewal.
• Refunds: [REFUND POLICY].
• Unused credits [DO / DO NOT] roll over between periods.

Some actions cost us money per use with third-party providers. Where a provider fails after we have been charged, we will not double-charge you for the retry.

12. Availability

We work to keep SparkSocial available and will give notice of planned maintenance where practical. We do not commit to a specific uptime percentage unless a separate written agreement says so.

Scheduled publishing depends on the target platform being available when the slot arrives. Where a publish fails we retry within reasonable limits and then surface the failure; we do not guarantee a post goes out at an exact moment.

13. Intellectual property

SparkSocial — the software, its design, the SparkSocial name, the mark and the content playbooks — belongs to us. These terms grant a limited, non-exclusive, non-transferable right to use the service while your subscription is active, and transfer nothing else.

If you send us feedback or suggestions, we may use them without obligation or payment.

14. Suspension and termination

You may close your account at any time from your settings.

We may suspend or terminate access if you materially breach these terms, fail to pay, or use the service in a way that risks harm to other customers, to us, or to a connected platform. Where reasonable we will warn you first and give you a chance to put it right. Where the risk is immediate — an active security problem, or a platform demanding we stop — we may act first and explain afterwards.

On termination your right to use the service ends. You can export your brand data for [PERIOD] after closure, after which it is deleted or anonymised as described in the Privacy Policy.

15. Disclaimers

To the maximum extent the law allows, SparkSocial is provided “as is”. We do not warrant that the service will be uninterrupted or error-free, that trend detection or relevance scoring will be accurate or complete, that generated content will be suitable for any particular purpose, or that any connected platform will keep working.

Nothing here excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

16. Limitation of liability

To the maximum extent the law allows, neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, revenue, data, goodwill or anticipated savings.

Our total aggregate liability arising out of or relating to these terms is limited to the amount you paid us in the [NUMBER] months before the event giving rise to the claim.

We are not liable for loss arising from content you approved for publication, from a connected platform’s acts or omissions, or from your configuring the product to publish without individual review.

17. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from content published through your account, your breach of these terms, or your infringement of someone else’s rights — including rights in a likeness, voice or copyrighted work you supplied or marked as cleared.

18. Still to be decided

Listed openly so nothing here is mistaken for a settled commercial term:

• The registered company name (section 1).
• Price-change notice period, refund policy and whether credits roll over (section 11).
• The post-closure export window (section 14).
• The liability cap period (section 16), which needs advice on enforceability in your jurisdiction.
• Governing law and courts (section 19).

19. Governing law

These terms are governed by the laws of [JURISDICTION], and the courts of [COURTS] have exclusive jurisdiction — without affecting any mandatory consumer protection available to you where you live.

20. Contact

• Email: —
• Phone: —
• Post: —