Updated: June 11th, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the SPRKLaunch platform, operated by Alvarez Marketing Solutions ("Company," "we," "us," or "our"). By accessing or using SPRKLaunch in any way — including signing up through a web form, completing a purchase, clicking through an ad, or using the platform after a demo — you ("Client," "you," or "your") agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Platform.

These Terms should be read together with the SPRKLaunch Platform Subscription Agreement, which governs billing, cancellation, and subscription-specific terms. In the event of a conflict between these Terms and the Subscription Agreement, the Subscription Agreement controls.

2. Eligibility

To use SPRKLaunch, you must:

•       Be at least 18 years of age.

•       Be a legally operating business or sole proprietor.

•       Have the legal authority to enter into binding agreements on behalf of yourself or your business.

•       Provide accurate, complete, and current information during signup and maintain that information throughout your use of the Platform.

By using the Platform, you represent and warrant that you meet all of the above eligibility requirements. The Company reserves the right to terminate accounts that are found to be in violation of these eligibility requirements.

3. Account Registration & Use

3.1 Account Creation

To access SPRKLaunch, you must create an account and provide accurate registration information including your name, business name, email address, and payment information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3.2 Authorized Users

Your SPRKLaunch account is licensed for use by one (1) business entity only. You may allow employees or team members of your business to access your account as authorized users. You may not share your account access with another separate business or individual outside of your own business operations. Any unauthorized sharing of account access may result in immediate account termination without refund.

3.3 Account Security

You are responsible for maintaining the security of your account login credentials. You agree to notify the Company immediately at [email protected] if you become aware of any unauthorized access to or use of your account. The Company is not liable for any loss or damage resulting from unauthorized access to your account caused by your failure to maintain credential security.

3.4 Accurate Information

You agree to keep your account information — including contact details and payment method — accurate and up to date at all times. Providing false or misleading information may result in suspension or termination of your account.

4. Permitted Use & Restrictions

4.1 Permitted Use

SPRKLaunch is intended for use by permanent jewelry business owners and operators to manage and grow their business operations. Permitted uses include:

•       Sending marketing emails and SMS messages to contacts who have provided consent.

•       Managing client relationships, appointments, and communications.

•       Building websites, funnels, and forms for your business.

•       Managing your business's online reviews and reputation.

•       Running automations and workflows for your business operations.

4.2 Prohibited Use

You agree NOT to use SPRKLaunch to:

•       Send unsolicited commercial messages (spam) or any communications that violate the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), or any other applicable law.

•       Harass, threaten, or harm any individual or group.

•       Upload, transmit, or distribute any content that is unlawful, defamatory, obscene, fraudulent, or otherwise objectionable.

•       Impersonate any person, business, or entity.

•       Attempt to gain unauthorized access to the Platform, its infrastructure, or other clients' accounts.

•       Use the Platform to engage in any activity that violates applicable federal, state, or local laws or regulations.

•       Reverse engineer, decompile, or attempt to extract the source code of the Platform.

•       Resell, sublicense, or otherwise transfer access to the Platform to any third party without prior written consent from the Company.

•       Use the Platform in a way that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform.

5. Content Responsibility & Moderation

5.1 Your Content

You retain ownership of all content you create, upload, or transmit through SPRKLaunch, including emails, SMS messages, website copy, forms, funnels, images, and contact data ("Your Content"). You are solely responsible for ensuring that Your Content complies with all applicable laws and these Terms.

5.2 Content Standards

Your Content must not:

•       Violate any applicable law or regulation.

•       Infringe upon the intellectual property rights of any third party.

•       Contain false, misleading, or deceptive statements.

•       Promote illegal activity, violence, discrimination, or harassment.

•       Contain malware, viruses, or any other malicious code.

5.3 Content Moderation

If the Company becomes aware that Your Content violates these Terms or any applicable law, the Company will notify you via email and provide a reasonable cure period of seven (7) calendar days to correct or remove the offending content. If the issue is not resolved within that period, the Company reserves the right to remove the content, suspend your account, or terminate your account at its sole discretion. In cases where the content poses an immediate legal risk or threat of harm, the Company reserves the right to act without prior notice.

5.4 Company License to Your Content

By using the Platform, you grant the Company a limited, non-exclusive license to access and process Your Content solely as necessary to provide the Platform services to you.

6. Third-Party Integrations

6.1 Available Integrations

SPRKLaunch supports integrations with third-party platforms and services to extend your business capabilities. These include, but are not limited to:

•       Google (Google My Business, Google Calendar, Gmail)

•       Meta (Facebook and Instagram)

•       Other social media platforms

•       Payment processors including Stripe, PayPal, Square, and Shopify Payments

•       CRMConnector, a third-party integration configured by the Company to import customer data from your payment processor into SPRKLaunch for reporting and future communications

•       Additional integrations that may be made available over time

6.2 Third-Party Terms

Your use of any third-party integration is subject to that third party's own terms of service, privacy policy, and applicable agreements. The Company does not control third-party platforms and is not responsible for their performance, availability, security, or data practices. By connecting a third-party service to SPRKLaunch, you represent that you have the rights and authority to do so under that service's terms.

6.3 CRMConnector

CRMConnector is included with your SPRKLaunch account and is configured by the Company on your behalf to sync customer data from your payment processor into the Platform. You are responsible for ensuring that your use of CRMConnector and the data imported through it complies with all applicable privacy laws and your own customer data obligations. The Company is not liable for any data discrepancies, sync failures, or issues arising from the third-party payment processor's systems.

6.4 No Endorsement

The availability of a third-party integration within SPRKLaunch does not constitute an endorsement, recommendation, or warranty of that third-party service by the Company.

7. Privacy & Data

The Company's collection and use of personal information in connection with SPRKLaunch is described in the SPRKLaunch Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you agree to the terms of the Privacy Policy.

You are responsible for compliance with all applicable privacy laws — including but not limited to the Florida Information Protection Act (FIPA) and any applicable federal privacy regulations — with respect to the personal data of your own clients and contacts that you store, process, or transmit through SPRKLaunch. The Company is not responsible for your compliance with privacy laws as they relate to your own customer data.

8. SMS & Email Marketing Compliance

SPRKLaunch provides tools for email and SMS marketing. You acknowledge and agree that:

•       You are solely responsible for obtaining all legally required consents and opt-ins from your contacts before sending any marketing emails or SMS messages through the Platform.

•       You will comply with the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and all other applicable federal and state laws governing commercial electronic communications.

•       You will honor all unsubscribe and opt-out requests promptly and in accordance with applicable law.

•       You will not use purchased, rented, or scraped contact lists.

Any fines, penalties, or legal claims arising from your failure to comply with SMS and email marketing laws are your sole responsibility. The Company reserves the right to immediately suspend your account if your messaging activity triggers spam complaints, carrier blocks, or regulatory scrutiny that affects the Company's platform infrastructure or reputation.

9. Intellectual Property

9.1 Company IP

All intellectual property associated with SPRKLaunch — including but not limited to the platform design, branding, templates, onboarding materials, course content, training documentation, automation frameworks, and the SPRKLaunch name and logo — is owned exclusively by Alvarez Marketing Solutions. Nothing in these Terms transfers any ownership rights in Company IP to you.

9.2 License to Use

Subject to your compliance with these Terms and the Subscription Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during your active subscription period solely for your own internal business operations.

9.3 Feedback & Suggestions

If you submit any feedback, ideas, suggestions, or recommendations regarding the Platform to the Company, you agree that the Company may use such feedback freely and without compensation, obligation, or restriction. Any such submissions become the sole property of the Company.

10. Testimonials & Marketing Use

By using SPRKLaunch and sharing results, feedback, or experiences with the Company — whether through direct communication, social media, surveys, reviews, or any other channel — you grant Alvarez Marketing Solutions a perpetual, royalty-free, worldwide license to use your name, business name, likeness, testimonial, results, and metrics in the Company's marketing and promotional materials, including but not limited to:

•       The SPRKLaunch website and landing pages

•       Social media content and advertising

•       Email marketing campaigns

•       Case studies and success stories

•       Sales materials and presentations

This permission is granted automatically upon your agreement to these Terms. If you wish to withdraw this permission, you may notify the Company in writing at [email protected], and the Company will cease using your materials in new content going forward. Previously published content may remain live.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The Company does not warrant that: (a) the Platform will meet your specific business requirements; (b) the Platform will be uninterrupted, timely, secure, or error-free; (c) any results obtained from using the Platform will be accurate or reliable; or (d) any defects in the Platform will be corrected.

The Company is not responsible for the actions, content, or data of third-party integrations, and makes no warranties regarding the performance or availability of any third-party service connected to or used in conjunction with SPRKLaunch.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALVAREZ MARKETING SOLUTIONS, ITS OWNER, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Company's total cumulative liability to you for any claims arising out of or related to these Terms or your use of the Platform shall not exceed the total amount paid by you to the Company in the three (3) months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Alvarez Marketing Solutions, its owner, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) any marketing communications sent by you through the Platform; or (f) your violation of any third party's rights.

14. Term & Termination

These Terms are effective as of the date you first access or use the Platform and remain in effect for as long as you have an active account. Either party may terminate the relationship in accordance with the terms of the Platform Subscription Agreement.

Upon termination, your license to use the Platform immediately ends. Sections of these Terms that by their nature should survive termination — including Sections 9, 10, 11, 12, 13, and 15 — will survive termination.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms shall first be subject to good-faith negotiation between the parties. If unresolved, disputes shall be submitted to binding arbitration in the State of Florida in accordance with the rules of the American Arbitration Association.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm. You agree that any claim must be brought in your individual capacity and not as a plaintiff or class member in any purported class action.

16. Modifications to These Terms

The Company reserves the right to update or modify these Terms at any time. When changes are made, the Company will notify you via email to the address associated with your account and update the effective date of these Terms. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must cancel your subscription and stop using the Platform in accordance with the cancellation terms in the Subscription Agreement.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with the Platform Subscription Agreement and Privacy Policy, constitute the entire agreement between you and Alvarez Marketing Solutions regarding your use of SPRKLaunch and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17.3 No Waiver

The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations without restriction.

18. Contact Information

If you have any questions about these Terms, please contact:

Alvarez Marketing Solutions

Email: [email protected]

Website: https://alvarezmarketingsolutions.com/sprklaunch

ACKNOWLEDGMENT & ACCEPTANCE

By accessing or using SPRKLaunch — whether through an online form, a purchase, a demo call, or any other method — you confirm that you have read, understood, and agree to be bound by these Terms of Service.