Updated: June 11th, 2026

1. Purpose & Scope

This Acceptable Use Policy ("AUP") establishes the rules and standards governing how SPRKLaunch clients may use the Platform, with particular attention to email marketing, SMS messaging, automation tools, and content creation features. This AUP is incorporated into and forms part of the SPRKLaunch Terms of Service and Platform Subscription Agreement.

By using SPRKLaunch, you ("Client," "you," or "your") agree to comply with this AUP at all times. Violations of this AUP may result in warnings, feature restrictions, account suspension, or permanent account termination depending on the nature and frequency of the violation, as described in Section 7.

The goal of this policy is not to be punitive — it is to protect you, the Company, and the integrity of the Platform for all users. SPRKLaunch is built for permanent jewelry business owners who want to grow professionally and ethically, and this policy reflects those values.

2. SMS & Email Marketing — Consent Requirements

2.1 Your Responsibility for Consent

You are solely responsible for ensuring that every contact you message through SPRKLaunch — whether by email or SMS — has given proper, legally compliant consent to receive those communications from your business. This responsibility applies regardless of whether you set up your own opt-in flows or whether Alvarez Marketing Solutions configured them on your behalf as part of a Charm or bundle.

2.2 Self-Managed Opt-In Flows

If you are using the SPRKLaunch platform and course materials to set up your own opt-in and consent flows, you are fully responsible for ensuring those flows meet all applicable legal requirements, including the Telephone Consumer Protection Act (TCPA) for SMS and the CAN-SPAM Act for email. The Company's course materials are provided for educational purposes and do not constitute legal advice. When in doubt, consult a qualified attorney.

2.3 Company-Configured Opt-In Flows

If you have purchased a Charm or bundle that includes SMS or email opt-in setup, the Company will configure those flows to follow current best practices at the time of setup. However, you remain responsible for:

•       Ensuring the configured flows continue to meet legal requirements over time as laws and regulations evolve.

•       Maintaining proper records of consent for your contacts.

•       Not adding contacts to lists or automations outside of the consented opt-in flows.

•       Updating or requesting updates to your opt-in flows if your business practices change.

2.4 Consent Standards

At a minimum, all SMS and email marketing contacts must meet the following standards:

•       Express written consent for SMS marketing, obtained through a clear opt-in process that discloses the nature of the messages, message frequency, and how to opt out.

•       Permission-based opt-in for email marketing, meaning contacts have affirmatively signed up to receive your emails.

•       No use of purchased, rented, harvested, or scraped contact lists for any marketing communications.

•       Immediate and complete honoring of all unsubscribe and opt-out requests, in compliance with applicable law.

3. Prohibited Messaging Conduct

The following messaging behaviors are strictly prohibited on SPRKLaunch:

3.1 Spam & Unsolicited Messaging

•       Sending emails or SMS messages to contacts who have not provided affirmative consent.

•       Sending bulk messages that have no legitimate business purpose or relevance to recipients.

•       Using deceptive subject lines, sender names, or message headers.

•       Disguising the origin of messages or misrepresenting your identity or business.

•       Sending messages at an unreasonable frequency that would constitute harassment.

3.2 Prohibited Message Content

•       Content that is false, misleading, deceptive, or fraudulent.

•       Content that promotes illegal products, services, or activities.

•       Content that is sexually explicit, obscene, or pornographic.

•       Content that threatens, harasses, or intimidates any individual or group.

•       Content that discriminates against or demeans individuals based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.

•       Content that promotes violence or self-harm.

•       Phishing attempts or messages designed to obtain sensitive personal or financial information under false pretenses.

4. Prohibited Platform Use

4.1 Platform Misuse

•       Sharing account access with any individual or business outside of your own business's employees and team members.

•       Reselling, sublicensing, or transferring Platform access to any third party without prior written consent from the Company.

•       Attempting to reverse engineer, decompile, copy, or extract any part of the Platform's code, design, templates, or proprietary systems.

•       Using the Platform to develop a competing product or service.

•       Attempting to access other clients' accounts or data within the Platform.

•       Interfering with or disrupting the Platform's infrastructure, servers, or networks.

4.2 Prohibited Business Types & Industries

SPRKLaunch may not be used by or on behalf of businesses operating in the following industries or categories:

•       Adult content, entertainment, or services of a sexually explicit nature

•       Multi-level marketing (MLM) or pyramid scheme operations

•       Cannabis, marijuana, or controlled substance businesses (regardless of local legality)

•       Firearms, ammunition, or weapons dealers (unless properly licensed and operating within all applicable laws — contact us to discuss your specific situation)

•       Gambling, sports betting, or games of chance

•       Payday loans, predatory lending, or debt collection services

•       Cryptocurrency investment schemes or unregistered financial services

•       Counterfeit goods or intellectual property infringement operations

•       Any business operating in violation of applicable federal, state, or local law

If you are unsure whether your business type is permitted on SPRKLaunch, contact us at [email protected] before signing up.

4.3 Content Violations

•       Uploading, publishing, or distributing content that infringes on any third party's copyright, trademark, or other intellectual property rights.

•       Publishing false reviews, fake testimonials, or misleading claims about your business or competitors.

•       Creating websites, funnels, or forms designed to deceive visitors or collect information under false pretenses.

•       Using the Platform to distribute malware, viruses, or any malicious code.

4.4 Legal Violations

•       Using the Platform in any way that violates applicable federal, state, or local law, including but not limited to privacy laws, consumer protection laws, and anti-spam regulations.

•       Violating the TCPA, CAN-SPAM Act, Florida Information Protection Act (FIPA), or any other applicable privacy or communications regulation.

•       Impersonating any person, business, or legal entity.

•       Using the Platform to facilitate fraud, money laundering, or any other financial crime.

5. Violation Categories

For the purposes of this AUP, violations are grouped into the following categories. The strike system described in Section 6 applies within each category independently — meaning a second violation in one category does not count as a strike in a different category.

Category A — Messaging Abuse

Violations related to SMS and email marketing conduct, including sending without consent, prohibited message content, spam, and failure to honor opt-outs. (See Sections 3.1 and 3.2)

Category B — Platform Misuse

Violations related to unauthorized account sharing, reselling access, reverse engineering, or using the Platform to build a competing product. (See Section 4.1)

Category C — Legal Violations

Violations of applicable law, including TCPA, CAN-SPAM, FIPA, fraud, impersonation, or any other illegal activity conducted through or in connection with the Platform. (See Section 4.4)

Category D — Content Violations

Violations related to prohibited content, prohibited business types, intellectual property infringement, or deceptive content on websites, funnels, or forms. (See Sections 4.2 and 4.3)

6. Enforcement & Strike System

6.1 Standard Three-Strike Process

For violations within any single category, the Company will follow this process:

•       First Violation: Written warning via email. Client is notified of the specific violation and given seven (7) calendar days to remedy the issue. Access to the Platform continues during the cure period.

•       Second Violation (Same Category): Second written warning via email. Depending on severity, the Company may apply a temporary restriction on the specific feature involved (e.g., disabling SMS sending) while the issue is resolved. Client is again given seven (7) calendar days to remedy.

•       Third Violation (Same Category): Client's account will be frozen. Client must submit a written remediation plan to [email protected] within seven (7) calendar days explaining the specific steps they will take to prevent future violations. If the plan is approved and implemented to the Company's satisfaction, access may be restored. If no plan is submitted, or the plan is not implemented within the agreed timeframe, the account will be permanently terminated with no refund.

6.2 Immediate Action for Serious Violations

Notwithstanding the standard strike process, the Company reserves the right to immediately suspend or terminate a Client's account without prior warning in cases where:

•       The violation poses an immediate legal risk to the Company or other clients.

•       The violation involves illegal activity, fraud, or impersonation.

•       The Client's messaging activity triggers carrier-level blocks, spam traps, or regulatory scrutiny that affects the Platform's infrastructure or sender reputation.

•       The Client's business type is found to fall within a prohibited industry listed in Section 4.2.

•       The violation is so severe that allowing continued access would cause irreparable harm.

6.3 Compliance Re-Confirmation

Following any warning or account restriction, the Company may require Client to re-confirm their understanding of and commitment to this AUP before access is fully restored. This may include signing an updated acknowledgment, completing a compliance checklist, or attending a brief review call with the Company.

6.4 Feature Restrictions

Depending on the nature of a violation, the Company may restrict specific Platform features rather than suspending the entire account. For example, SMS sending may be disabled while an email compliance issue is investigated. Feature restrictions are applied at the Company's sole discretion based on the severity and category of the violation.

6.5 No Refunds for Policy Violations

Accounts suspended or terminated due to violations of this AUP are not entitled to a refund of any subscription fees, onboarding fees, Charm purchases, or bundle purchases. All such fees are forfeited upon termination for cause.

7. Reporting Violations

If you become aware of any use of SPRKLaunch that violates this AUP — including abuse of the email or SMS tools, prohibited content, or illegal activity — please report it to us at:

Email: [email protected]

Please include as much detail as possible, including the nature of the violation and any relevant information. The Company will investigate all reports in good faith and take appropriate action. Reports may be made anonymously.

8. Your Ongoing Responsibility

Compliance with this AUP is your ongoing responsibility for as long as your SPRKLaunch account is active. The digital marketing and communications landscape — including the laws and regulations governing it — evolves constantly. You are responsible for staying informed about applicable laws, including TCPA and CAN-SPAM updates, and for ensuring your use of the Platform remains compliant over time.

The Company may update this AUP periodically to reflect changes in law, Platform capabilities, or industry best practices. You will be notified of material changes via email, and your continued use of the Platform constitutes acceptance of the updated AUP.

If you ever have questions about whether a specific use case complies with this AUP, reach out to us before proceeding. We would rather answer a question upfront than deal with a violation after the fact.

9. Contact Information

For questions about this AUP or to report a potential violation, please contact:

Alvarez Marketing Solutions

Email: [email protected]

Website: https://alvarezmarketingsolutions.com/sprklaunch

By using SPRKLaunch, you acknowledge that you have read, understood, and agree to comply with this Acceptable Use Policy.