The present document (hereinafter referred to as “Terms”) consists of terms governing the relationship between Spark Systems Inc. (hereinafter referred to as “Spark Systems service”, “Spark Systems”, “The Service”) and the customer of the service (hereinafter “customer”, “user”, “you”, “member”). Private entrepreneur Parashchenko A.V. 2906914231 Kyiv Pivnichna str 18 appt. 46 is the owner of the SparkBot.ai website.

1. Basic provisions

Spark Systems Inc. provides the user with services for Spark Systems service according to the terms set out in the present document.

Mailing in this document means sending messages through messengers email and other channels.

Use of the Spark Systems service is governed by these Terms of Service, Privacy Policy. The Spark Systems Terms of Service can be corrected or supplemented by the administration without notifying users, and the changes enter into force from the moment that the document is placed on the company’s official website.

By accessing or using the Service in any way you agree to and accept all of these Terms (on behalf of yourself or the entity that you represent), and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service. By accessing or using the Service in any way you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). In the event that you do not consent to any of the terms, the administration is entitled to deny your use of Spark Systems.

1.1. Services provided

Spark Systems provides the user access to specialized services, including a service for building chatbots and mailings in messengers.

The user has access to the following actions and documents:

• Account registration for the chosen service with the possibility of changing the billing plan or deleting the account if necessary.

• The right to technical support.

• Access to learning materials.

• The possibility of ordering additional services at an additional charge.

• Guarantee that the user’s personal information, as well as information on mailing lists uploaded to the customer account, will be kept confidential.

1.2.  User registration

By “account,” the user’s account on his/her personal Dashboard on Spark Systems is meant. Registration is carried out on the official website at https://SparkSystems.co/login.

During registration, the user fills in required fields with personal information (name, email address, telephone number) and specifies a password which the user will subsequently use for entering his/her account. The user is not allowed to give his/her username and password to a third party. The user bears full responsibility for the safety of his/her username and password.

All personal information is subject to Spark Systems Terms of Service and Privacy Policy and can be used by employees of the Service to contact the user according to the Privacy Policy.

The user is obligated to provide valid information during the registration process: customers who provide invalid contact information will be deprived of use of the service. Employees of the Service have the right to demand that the client confirm his/her personal information in order to determine its validity.

Attention! It is strictly forbidden to register multiple free accounts. It will be enough for you to have 1 free account to evaluate the Service features.

1.3.  Payment for services

After going through the registration process, every customer of the Spark Systems service becomes a user of the free plan provided by the Service. You can remain a user of the free plan if you accept the conditions. Transitioning to a paid plan or renewing your account shall mean that you are satisfied with the quality of the Service.

The Service provides a set of billing plans. The user has the right and ability to change his/her billing plan to another, more convenient plan at any time. All operations for changing the billing plan (or paying for the plan) are carried out by the customer in his/her account.

Payment of any billing plan or additional service shall take the form of 100% prepayment. The payment procedure is as follows:

• The user makes his/her order on the official website of Spark Systems or in his/her account on the Service (Dashboard).

• The administration of the Service will send the user a bill for payment. In the event that the user does not pay the bill within the designated period, it may be canceled.

• Payment must be made solely through one of the means specified by the Spark Systems service (WayForPay, WebMoney, Yandex.Money, QIWI, PayPal, credit card, invoice for legal persons, bank transfer for natural persons, or, for Ukraine, Privat24).

• After payment, the funds will appear on the user’s account within 30 minutes (for electronic payments) or within 3 working days in the case of an invoice for legal persons or bank transfer for natural persons”. If payment has been made for additional services, these too will be available to the user after receipt of payment.

2. The user’s account

After going through the registration process (section 1.2), an account is automatically created for the user. All actions regarding emails, billing plans, and payment shall from this moment be carried out through the account.

When registering, the user provides a personal email address which will be used as a username, and a personal password for accessing the Service. This information is strictly confidential, kept in an encrypted form, and will not be transmitted to third parties.

Sending out messages, viewing statistics, changing the billing plan, verifying email addresses, creating campaign templates — all of these actions are carried out by the user in his/her account. The user also uploads the addresses and phone numbers of campaign recipients to his/her account to create address books. All uploaded email addresses and phone numbers are considered the property of the user and are confidential information which is protected by the Privacy Policy of the Spark Systems service. 

The administration of the Service has the right to track user activity and, in the event that the user is suspected of sending spam, to temporarily block the account. All administration actions are governed by the Anti-Spam Policy, which the user consents to during account registration.

The user has the right to, at any time, request the deletion of his/her account. Any funds remaining on the account shall not be returned unless there are special grounds for a refund. When making its decision, the Spark Systems service is governed by its Anti-Spam Policy.

The company will not refund money to users blocked for violating the Anti-Spam Policy. 

3. Marketing campaigns

Campaigns include communications that have been drawn up, lists of addresses and phone numbers, and the process of sending campaigns to subscribers. The user creates himself/herself the template for these communications by choosing options provided by the Service, uploading images, and writing texts.

The user bears full responsibility for the context of mailings, which in turn must correspond to the rules set by the Service’s Anti-Spam Policy. Otherwise, the Service has the right to suspend the user’s account until it has ascertained the circumstances.

A user of the Spark Systems service has the right to send communications only to such people who have expressed their consent to receiving communications from him/her. The recipients’ consent must be received by the user personally. Upon the request of the Service administration, the user must provide corresponding proof of recipients’ consent.

The time when campaigns are delivered to their recipients varies depending on a number of factors and circumstances. Spark Systems shall not be liable for campaigns being undelivered to recipients, in equal measure, as well as any delays in delivery.

Messages may go undelivered or be delayed for the following reasons:

• the subscriber’s mobile phone is turned off or is outside the area of the mobile operator’s coverage

• the mailing is blocked by Viber, Telegram, Facebook, Slack, Skype or other service through which the mailing is to take place

• an email cannot be delivered due to adverse natural conditions or other force majeure circumstances, which might have an adverse effect on the operation of Spark Systems’s hardware and software. These conditions or circumstances include, but are not limited to, natural disasters, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

4. Obligations of Spark Systems users

The user is obliged:

• to ensure the confidentiality of his/her username and password for accessing his/her account on the Service, and to not allow third parties to use his/her account

• to provide valid personal data to the Service

• to bear responsibility for the validity of all information which he/she uploads to his/her account on the Service

• do not use the Service’s online platform for sending spam

• to create emails in accordance with the terms of the Anti-Spam Policy and the Terms of Service of Spark Systems. Should the user violate the Terms of Service or other requirements of the Service, the administration has the right to suspend or completely delete the user’s account until the incident has been resolved.

• to provide recipients with the ability to opt out of emails at any time

• to refrain from rude and obscene speech when communicating with employees of the Service

The user has the right to not agree with the Terms for using the Service. In that case, the user will be denied further use of Spark Systems.

You represent and warrant that you either own or have permission to use all of the material in your emails. You retain ownership of the materials that you upload to the Service.

We may use or disclose your information only as described in these Terms and our Privacy Policy.

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations. You may not use our Service for any unlawful or discriminatory activities.

You represent and warrant that in creating your Mailing lists, sending campaigns via any communication channel of the Service, and collecting information as a result of sending campaigns, you:

• will clearly describe in writing how you plan to use any data collected, including for your use of the Service. You will get express consent to transfer data to Spark Systems as part of this process, and you will otherwise comply with whatever privacy policy you have posted.

• have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of communication through the Service.

• have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow us to receive and process data and send communications to that individual on your behalf.

• agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

5. Obligations of Spark Systems

Spark Systems is obliged:

• to provide the user, in accordance with the Terms of Service, with access to the online platform immediately after the user has registered for the Service

• to provide the user with necessary functionality for creating chatbots.

• to ensure access to the online platform with the username and password that the user has chosen

• to provide the user with access to the features of website monetization through web push notifications

• to present an array of billing plans without limiting the user in his/her choice of a billing plan

• to notify users of changes in billing plans

The administration reserves the right to make changes to the interface and functionality of the Spark Systems online platform and billing plans, and it shall notify the user of this on our website.

The administration reserves the right to unilaterally amend the Terms of Service for the Spark Systems service without prior notice to the user. The updated Terms of Service for the Spark Systems service shall come into force from the moment they are placed on the company’s official website.

6. Restrictions

The administration of Spark Systems has the right to forbid (or limit) the user from any actions contrary to the Service’s Terms of Service. These actions may include any listed below, as well as actions which, in the opinion of Service employees, violate the Terms of Service for the Spark Systems service.

• The user is forbidden from uploading to his/her account and from using any lists of email addresses or telephone numbers that have been purchased or illegally obtained (including through the use of specialized programs for searching for contact information).

• The user is forbidden to store, process, or disseminate using Spark Systems any information contrary to the Anti-Spam Policy of the Service or which violates the laws of the, Ukraine or USA or the laws of the country of the recipient.

• The administration of the Service prohibits and shall punish any attempts by a user to collect information from the Service or from the company’s official website.

• The user is forbidden from copying or using for commercial purposes any part of the Service or access to it.

• The user does not have the right to provide a third party with his/her account access credentials, nor to register under the name of another person without his/her knowledge and consent.

• The user is not allowed to use any means, including fraudulent or illegal means, for attempting to obtain the personal information of other Spark Systems customers.

• The user is forbidden from sending emails to any recipients which have not given their consent to receive such emails. The user is also forbidden from sending out any information which violates a person’s rights and freedoms.

7. Disclaimer of warranties and liability

The administration of the Service bears no responsibility for the user’s actions taken as a result of a failure to understand or a mistaken understanding of the Terms of Service for the Spark Systems service.

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Service. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the service in any month will be no more than what you paid us for the Service the month before.

To the maximum extent permitted by law, we provide the materials and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since our customers use Spark Systems for a variety of reasons, we can’t guarantee that it will meet your specific needs.

The Spark Systems service does not guarantee to recipients of campaigns, sent out through its Service, the accuracy of the information they receive. The Service only provides tools and services for carrying out chatbot building and campaigns’ sending. The responsibility for the legality and accuracy of any information that the user sends through the Service is borne by the user. The administration of the Service has the right to call the user to account for his/her actions if it believes that they are contrary to the Spark Systems’s Terms of Service.

8. Anti-Spam Policy

We believe chatbots are useful and on-demand service for information delivery and we are opposed to the sending of unsolicited messages.

Any registered user of Spark Systems can send campaigns to his/her friends, family, colleagues, clients, contacts etc. using our Service.

Spark Systems strictly forbids any SPAM messages to be sent from our Service at any time.

We consider any unsolicited, unexpected, or unwanted message sent to the recipients in order to extort their valuables from them or to mislead them, or any message sent to someone without their prior consent to be SPAM.

Messages must comply with the following principles:

• No false, invalid or misleading information in the subject line or the body of the message should be sent using Spark Systems.

• No message must be sent to recipients without having previously obtained her/his consent.

• Text displayed must clearly state or illustrate the service that is offered.

• Marketing campaigns must clearly identify who is providing the service (originator) and clearly state the expense of the service promoted.

It is strictly forbidden to send messages to illegally collected mailing lists via Spark Systems SMTP servers. It is also forbidden to use a sender email address that is registered with any service as a temporary email address.

Our Service doesn’t allow spam or any sort of offensive or illegal content.

We do not send if we found:

• chatbot campaigns that violate CAN-SPAM Act;

• Sexually explicit messages;

• Hate speech

• Marketing campaigns to a list of people without their permission.

We review each profile to make sure it meets our Terms of Service, which help us maintain deliverability for all of our clients.

Please understand that some industries or “niches” return more abuse and spam complaints than average. We cannot risk our server’s reputation, which affects each mailing profile.

Our Service prohibits campaigns, that offer types of services, products, or content listed below:

• Escort and dating services;

• Online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;

• illicit trafficking in weapons;

• drugs.

The administration of the Service strictly monitors whether Spark Systems is blacklisted with any popular RBL services. Email campaigns that caused an IP address or domains of the Service to be blacklisted with any RBL lists are immediately suspended.

Any evidence of users not adhering to this Anti-Spam Policy will cause immediate disconnection of his/her spam messages sending, suspension of the Service and might also result in freezing of all money to ensure an immediate end to the violation until the details are cleared up.

• You can cancel account subscription in the Spark Systems Service only until you have sent 200 email messages. If exceeded, the user account is considered to be fully working, and no refund will be allowable. 

• If your account is cancelled or suspended due to SPAM complaints, no refund will be allowable. See details in our Refund Policy.

• Make sure all recipients are permission based emails (opt-in emails), i.e. agreed to receive email messages from you.

• It is strictly forbidden to send emails to the list of email addresses that was generated automatically by email extractor software; likewise you are not allowed to use purchased email addresses for bulk mailings.

• You must ensure that your email meets the requirements of the CAN-SPAM Act — pay attention to the statement that each email you send with the advertising, commercial, and informative purpose must contain your valid physical address.

• We reserve the right to stop providing service and block user account if even one of your email campaign gets over-the-top complaints.

• If you don’t use your account for 9 months, it is considered inactive. In this situation we may stop providing service and delete your account

Accounts blocked due to exceeding complaints are denied in getting a refund.

Please let us know about any abuse or unwanted/unsolicited messages. In your email, please include the spam-email, the date and time you received the message. Send your report to [email protected] .

9. Refund policy

Within fourteen (14) calendar days of completing your payment for the Service, you may ask for a refund. In this case, you should specify the valid reason for a refund in your request. 

We provide free plan after registration to enable our users to assess the quality of the Service. Switching to the paid plan oradding funds to your Spark Systems account means that you are satisfied with the quality of the Service. Go to https://SparkSystems.co/login to register a free account.

After the fourteen-day period from the payment date, as well as in case of blocking your account due to the violation of the Anti-Spam Policy or Terms of Use, the refund for paid but not used services is possible at Spark Systems’s own discretion.

Send us the Refund form in [email protected] to submit your request. Only requests submitted through this email will be reviewed.

We typically review refund requests within seven (7) business days.

Your request should contain

• Your user name

• Detailed description of the problem and reason for a refund.

• Date and amount of payment

• Payment requisites 

Refund request process:

Each request is reviewed individually in the order of turn, and usually it takes up to seven (7) business days. The Refund Manager will keep you updated on the status of your refund request.

Once your refund request has been approved, you will be informed by the Refund Manager about this. Please note that it may take several weeks to process the refund depending on the payment method you used, your bank and other reasons beyond our control.

We reserve the right to refuse a refund:

• If the percentage of spam complaints from your subscribers exceeds 0.4-0.5% of all recipients on your mailing lists (but not less than 15 recipients).

• If no reasons for a refund are specified in the Refund form.

Terms of refund for cancelling your Spark Systems account:

We reserve the right to refuse any refund if your account is suspended or blocked due to spam complaints or abuse of bulk emails.

Accounts with high level of spam complaints are blocked or suspended without the right to continue sending the email campaign. 

10. Choice of Law. Arbitration

The relationship between the company and the user with regard to provision of services for Spark Systems, is governed by the laws of Ukraine.

Upd. date 06.04.2021