Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at https://sparkul.ai (the "Site") and the marketing and growth services provided by Sparkul AI Agency LLC ("Sparkul," "we," "us," or "our"). By using the Site or engaging our services, you agree to these Terms.

1. Who we are and what we do

Sparkul is an AI-native marketing agency. We operate a fleet of software agents, under human oversight, to help our clients ("Clients") grow — including prospect research, advertising management, local and AI-search visibility, content, review and lead response, reporting, and related services (collectively, the "Services"). Every action that spends money, sends a message, or publishes content is subject to human review and approval before it takes effect.

2. Eligibility and accounts

You must be at least 18 and able to form a binding contract to use the Services. You are responsible for the accuracy of information you provide and for maintaining the confidentiality of any credentials or access you grant us.

3. Client engagements and authorizations

The specific scope, fees, and term of a Client engagement are set out in a separate order form, proposal, or agreement between Sparkul and the Client (an "Engagement"). Where an Engagement conflicts with these Terms, the Engagement controls for that Client.

By engaging Sparkul, a Client authorizes us to access and act within the Client's connected marketing platforms and accounts (such as Google Ads, Google Business Profile, Google Analytics/Search Console, Meta/Facebook/Instagram business and ad assets, and messaging systems) solely to deliver the Services. The Client represents that it has the authority to grant this access and that its own customers have received any legally required notices and consents (for example, for marketing messages).

4. Acceptable use

You agree not to use the Site or Services to: violate any law or third-party right; send unlawful, deceptive, or unsolicited communications; infringe intellectual property; attempt to gain unauthorized access to any system; or interfere with the operation of the Site or Services. You must comply with the terms and policies of any third-party platform used in connection with the Services (including Google and Meta platform policies).

5. Third-party platforms

The Services rely on third-party platforms and APIs. We are not responsible for those platforms' availability, changes, or policies, and your use of them is subject to their terms. Approval and continued access to platform APIs is at the sole discretion of those providers.

6. Fees

Fees are as stated in the applicable Engagement. Unless otherwise agreed, fees are due as invoiced. Ad spend and third-party costs (e.g., media budgets, messaging fees) are separate from Sparkul's service fees and are the Client's responsibility.

7. Intellectual property

The Site, the Services, and all software, agents, methods, and materials we develop remain the property of Sparkul, except for (a) Client-owned data and brand assets, which remain the Client's, and (b) deliverables expressly assigned to the Client under an Engagement. You may not copy, modify, reverse engineer, or resell the Services except as permitted in writing.

8. Confidentiality

Each party will protect the other's non-public information and use it only to perform under these Terms or an Engagement.

9. Disclaimers

The Site and Services are provided "as is" and "as available." We do not warrant any particular marketing result, ranking, lead volume, or revenue outcome. Results depend on many factors outside our control, including third-party platforms and market conditions. To the maximum extent permitted by law, we disclaim all implied warranties.

10. Limitation of liability

To the maximum extent permitted by law, Sparkul will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability arising out of or relating to the Site or Services will not exceed the amounts paid by the Client to Sparkul for the Services giving rise to the claim in the three months before the claim.

11. Indemnification

You agree to indemnify and hold Sparkul harmless from claims arising out of your misuse of the Services, your violation of these Terms, or your violation of any law or third-party right, including platform policies or consent requirements for communications.

12. Termination

Either party may terminate an Engagement as provided in that Engagement. We may suspend or terminate access to the Site or Services for violation of these Terms or to comply with law or platform requirements.

13. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted here with a revised "Effective date." Continued use after changes constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Texas, except where an Engagement provides otherwise.

15. Contact