Terms of Service

You must be at least 18 years of age and legally capable of entering into a binding contract to use SyncSpark. By using the Service, you represent and warrant that you meet these requirements. The Service is intended for business use only — specifically, for independent tradespeople and small service businesses operating in Canada.

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at legal@syncspark.app if you suspect unauthorized access.

You may not share your account credentials, create accounts on behalf of others without authorization, or use the Service for any purpose other than the internal business operations of your organization.

• Plans. SyncSpark offers monthly subscription plans ("Pro" at CAD $79/month and "Max" at CAD $129/month). Plan features are described on our pricing page and may be updated from time to time with notice.
• Free Trial. We may offer a free trial period. At the end of the trial, your selected plan will begin billing automatically unless you cancel beforehand.
• Payment. All fees are billed in advance on a monthly basis via Stripe. You authorize us to charge your payment method on file. All amounts are in Canadian dollars (CAD) and are exclusive of applicable taxes.
• Taxes. You are responsible for all applicable taxes, including GST/HST, arising from your use of the Service.
• Cancellation. You may cancel your subscription at any time through the app. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial months.
• Price Changes. We will provide at least 30 days' notice before changing subscription prices. Continued use after the effective date constitutes acceptance.

You may use SyncSpark solely for lawful business purposes. You agree not to:

• Use the Service to send unsolicited commercial messages (spam) in violation of Canada's Anti-Spam Legislation (CASL) or any other applicable law;
• Send SMS messages to recipients without their express or implied consent as required by CASL;
• Use the Service to harass, threaten, or deceive any person;
• Reverse engineer, decompile, or attempt to extract the source code of the Service;
• Sell, resell, sublicense, or transfer access to the Service to any third party;
• Use automated tools to scrape, crawl, or extract data from the Service;
• Interfere with the security, integrity, or performance of the Service;
• Violate any applicable local, provincial, federal, or international law or regulation.

SyncSpark facilitates SMS communication between you and your customers via a provisioned phone number. You are solely responsible for:

• Obtaining all required consents from your customers before sending them messages via SyncSpark, as required by CASL and the Canadian Radio-television and Telecommunications Commission (CRTC);
• The content of all messages sent through the Service;
• Maintaining records of consent as required by law;
• Honouring opt-out requests promptly.

SyncSpark is not responsible for message delivery failures, carrier filtering, or any consequences arising from your failure to comply with applicable messaging laws.

SyncSpark uses artificial intelligence to generate suggested replies, quotes, and other content ("AI Suggestions"). AI Suggestions are provided for your review only. You are responsible for reviewing, editing, and approving all content before it is sent to your customers. SyncSpark makes no warranty as to the accuracy, appropriateness, or legality of AI Suggestions.

The Service integrates with third-party platforms including Stripe (payments), QuickBooks, Xero, Google Business Profile, and others. Your use of these integrations is subject to the applicable third-party terms of service. SyncSpark is not responsible for the availability, accuracy, or actions of any third-party service.

SyncSpark and its licensors retain all right, title, and interest in and to the Service, including all software, designs, trademarks, and documentation. These Terms do not grant you any ownership interest in the Service.

You retain ownership of all data and content you submit to the Service ("Your Content"). By submitting Your Content, you grant SyncSpark a limited, non-exclusive, royalty-free licence to use, store, and process Your Content solely to provide and improve the Service.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

Each party agrees to keep confidential all non-public information received from the other party in connection with the Service and to use such information solely for the purposes of these Terms. This obligation does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SYNCSPARK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNCSPARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SYNCSPARK'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SYNCSPARK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) CAD $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless SyncSpark and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

These Terms remain in effect for as long as you use the Service. We may suspend or terminate your account and access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law.

Upon termination, your right to use the Service ceases immediately. You may request export of Your Content within 30 days of termination, after which we may delete it. Sections 8, 11, 12, 13, and 16 survive termination.

We reserve the right to modify or discontinue the Service (or any part of it) at any time. We will notify you of material changes to these Terms by email or in-app notification at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to binding arbitration in Toronto, Ontario, in accordance with the Arbitration Act, 1991 (Ontario), with proceedings conducted in English. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and SyncSpark regarding the Service.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.
• Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Language. The parties have agreed that this agreement and all related documents be drawn up in the English language. Les parties ont convenu que cette entente et tous les documents connexes soient rédigés en langue anglaise.

If you have questions about these Terms, please contact us at: