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Terms and Conditions

The Terms and Conditions set the rules and guidelines for using your website and services.

Introduction

These Terms and Conditions (“Terms”) govern the SMS communication services provided by NeuroSpark Marketing (“we,” “us,” “our”). By subscribing to or using our SMS services, you agree to these Terms. These Terms form a binding legal agreement between you and NeuroSpark Marketing and are subject to change at our discretion.

These Terms apply to all users of our SMS services, and by opting in, you confirm that you are at least 18 years old or have the consent of a parent or legal guardian. Please read these Terms carefully. Your continued use of the service constitutes your agreement to comply with these Terms.

For information about how we collect, use, and protect your personal data, please refer to our Privacy Policy.

  1. “Company”
    Refers to NeuroSpark Marketing, its website (https://neurosparkmarketing.com), and any affiliates, employees, or representatives acting on its behalf.

  2. “User” or “You”
    Refers to any individual, organization, or entity accessing or using the services provided by the Company.

  3. “Service(s)”
    Refers to all marketing, website design, social media management, advertising campaigns, and any other products or services offered by the Company, whether paid or free.

  4. “Website”
    Refers to the Company’s website, including all pages, subdomains, and content found at https://neurosparkmarketing.com.

  5. “Agreement”
    Refers to these Terms and Conditions, along with any other policies, guidelines, or agreements referenced herein.

  6. “Content”
    Refers to all text, graphics, images, audio, video, software, and other materials made available through the Website or Services, including both Company-generated content and User-generated content.

  7. “Third-Party Services”
    Refers to any external tools, platforms, or services integrated with or used in conjunction with the Company’s Services, such as social media platforms, payment processors, or marketing automation tools.

  8. “Intellectual Property”
    Refers to all trademarks, service marks, logos, domain names, copyrights, patents, proprietary information, or other intellectual property owned or licensed by the Company.

  9. “Account”
    Refers to the personal or business profile created by a User to access certain features or services of the Website.

  10. “Confidential Information”
    Refers to any non-public information, data, or materials disclosed by either party during the course of their engagement.

  11. “Force Majeure”
    Refers to circumstances beyond the reasonable control of the Company, including but not limited to natural disasters, acts of God, government actions, labor strikes, or technical failures.

  12. “Applicable Law”
    Refers to the laws, regulations, and legal requirements of the jurisdiction governing this Agreement.

User Obligations

By using our SMS services, you agree to the following obligations:

  1. Provide Accurate Information:
    You must provide accurate, complete, and up-to-date information during the opt-in process.

  2. Compliance with Laws:
    You agree to comply with all applicable laws, regulations, and industry standards when using our services.

  3. Prohibited Actions:
    You must not:\n – Use the SMS service for illegal purposes or to send unauthorized, offensive, or misleading messages.
    • Attempt to disrupt, hack, or interfere with the SMS service or related systems.
    • Share or transfer your access to our SMS services without written permission.

  4. Device and Network Security:
    You are responsible for ensuring the security of your devices and networks to prevent unauthorized access to the SMS communications.

  5. Accountability for Actions:
    You are accountable for all activities conducted through your subscription to the SMS service, including actions by third parties if they access the service through your device or account.

  6. Notification of Issues:
    You agree to promptly notify us of any unauthorized use or security breaches involving your SMS communications.

Intellectual Property

  • Ownership of Content:
    All content, trademarks, logos, graphics, designs, and software provided as part of the SMS service or on our website are the property of NeuroSpark Marketing or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws.

  • Restrictions:
    Users may not:\n – Copy, modify, or distribute our content or trademarks without prior written permission.\n – Use our intellectual property for commercial purposes without authorization.\n – Attempt to reverse-engineer or duplicate any software or tools provided by our services.

  • User-Generated Content:
    By submitting feedback, testimonials, or other content, you grant NeuroSpark Marketing a royalty-free, perpetual, and worldwide license to use, reproduce, and display such content for promotional purposes.

  • Limited License to Users:
    Users are granted a non-exclusive, revocable, and limited license to use our services solely for their intended purpose. This license does not grant ownership of our intellectual property.

1. Introduction These Terms and Conditions govern the SMS services provided by NeuroSpark Marketing (“we,” “us,” or “our”). By opting in, you agree to these terms.

2. Description of SMS Program Our SMS program provides updates, marketing messages, and important notifications. Message frequency varies and may include up to five messages per month.

3. Opt-In Confirmation By opting in via website forms, SMS keyword submissions, or other methods, you consent to receive messages from us.

4. Opt-Out Instructions To stop receiving messages, reply “STOP” to any SMS. To receive assistance, reply “HELP” or contact us at support@neurosparkmarketing.com.

5. Fees and Charges Message and data rates may apply. Please consult your mobile carrier for details.

6. Disclaimer We are not responsible for delayed or undelivered messages due to technical issues or carrier limitations.

7. User Obligations By using our services, you agree to:

  • Provide accurate information.

  • Comply with all applicable laws and regulations.

8. Governing Law and Jurisdiction These terms are governed by the laws of the State of Minnesota. Any disputes will be resolved in the courts of Hennepin County, Minnesota.

9. Force Majeure We are not liable for delays or failures caused by events beyond our control, including natural disasters, internet outages, or government actions.

10. Termination of Service We reserve the right to suspend or terminate your access to SMS services for violations of these terms or misuse of the services.

11. Indemnification Clause You agree to indemnify and hold us harmless against any claims arising from your misuse of the SMS services.

12. Contact for Support For questions or support, contact us at: Email: support@neurosparkmarketing.com Phone: (763) 319-2003

13. Compliance We adhere to all applicable regulations, including the Telephone Consumer Protection Act (TCPA). By using our SMS services, you confirm compliance with these terms.

14. Updates to Terms and Conditions We reserve the right to modify these terms at any time. Updates will be posted on our website at neurosparkmarketing.com/terms-and-conditions.

Limitations of Liability

  • No Indirect Damages:
    NeuroSpark Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, data, profits, or business opportunities, even if advised of the possibility of such damages.

  • Third-Party Services:
    We are not responsible for failures or disruptions caused by third-party services, such as mobile carriers, payment processors, or other technology providers used in delivering our SMS communications.

  • Service Provided “As Is”:
    Our services are provided on an “as is” and “as available” basis. We do not guarantee that the SMS services will be uninterrupted, error-free, or meet all user requirements.

  • User Responsibility:
    Users are responsible for ensuring compliance with these Terms and Conditions, including managing their devices and safeguarding their accounts.

  • Maximum Liability Cap:
    To the extent permitted by law, our total liability for any claims arising from the use of our SMS services shall not exceed the total fees paid by the user for the service during the six (6) months preceding the claim.

  • Jurisdictional Exceptions:
    Some jurisdictions do not allow the exclusion or limitation of certain liabilities. In such cases, our liability is limited to the fullest extent permitted by applicable law.

Termination

  • Termination by User:
    Users may terminate their use of the SMS services at any time by sending a written request to support@neurosparkmarketing.com. A notice period of 30 days may apply for the discontinuation of services.

  • Termination by NeuroSpark Marketing:
    We reserve the right to terminate this agreement or suspend access to our SMS services immediately if:\n – You violate these Terms and Conditions.\n – You engage in activities that are illegal, abusive, or harmful to our services or reputation.\n – There are changes in laws or regulations that make providing the services impracticable or unlawful.

  • Effect of Termination:
    Upon termination:\n – All SMS services will cease immediately.\n – Any fees paid are non-refundable.\n – User data will be retained or deleted in accordance with our Privacy Policy and applicable laws.

  • Automatic Termination:
    This agreement will automatically terminate if:\n – The service remains inactive for a continuous period of 12 months.\n – Payment obligations for paid services are not fulfilled.

  • Survival of Terms:
    The following provisions will survive termination of this agreement: Limitation of Liability, Indemnity, Intellectual Property, and Governing Law.

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Compliance with U.S. Laws

  • Data Privacy and Protection:

    • Incorporate Privacy Policies: Clearly state how user data is collected, used, stored, and shared. This is crucial for compliance with laws such as the California Consumer Privacy Act (CCPA) and the Children’s Online Privacy Protection Act (COPPA).
    • Data Security Measures: Outline the measures in place to protect user data from breaches and unauthorized access.

  • Consumer Protection:

    • Transparent Pricing and Fees: Clearly disclose all costs associated with your services to prevent deceptive trade practices.
    • Refund and Cancellation Policies: Provide detailed information on refund eligibility and the process for cancellations.

  • Intellectual Property Rights:

    • Clarify Ownership: Specify the ownership of content, trademarks, and any user-generated content to prevent infringement issues.
    • Usage Restrictions: Define how users can use your intellectual property and any limitations thereof.

  • Dispute Resolution and Governing Law:

    • Arbitration Clauses: Consider including clauses that require arbitration for disputes, which can be more efficient than court proceedings.
    • Jurisdiction Specifications: Clearly state which state’s laws govern the terms and where disputes will be resolved.

  • Accessibility and Updates:

    • Regular Revisions: Commit to reviewing and updating your Terms and Conditions regularly to reflect changes in laws and business practices. An annual review is recommended.
    • User Notifications: Inform users of significant changes to the terms to maintain transparency and trust.

  • Compliance with Specific Regulations:

    • Industry-Specific Laws: Ensure compliance with any regulations specific to your industry, such as the Health Insurance Portability and Accountability Act (HIPAA) for healthcare services.
    • Marketing and Communication Laws: Adhere to laws governing marketing practices, including the CAN-SPAM Act for email communications and the Telephone Consumer Protection Act (TCPA) for SMS marketing.

The Company may integrate or use third-party tools, platforms, or services as part of its offerings, such as social media platforms, payment processors, or marketing automation tools. By using the Company’s Services, you acknowledge and agree to the following:

  1. No Liability
    The Company is not responsible for the availability, functionality, or performance of any third-party services. Any issues arising from the use of such services must be addressed with the respective third-party providers.

  2. Separate Terms and Conditions
    Your use of third-party services is governed by the terms and conditions and privacy policies of the respective third parties. You agree to review and comply with these terms before engaging with such services.

  3. Data Sharing
    In some cases, the Company may share necessary data with third-party providers to facilitate the delivery of services. Such data sharing will be conducted in accordance with the Company’s Privacy Policy.

  4. Service Changes
    The Company reserves the right to modify, replace, or discontinue the use of third-party services at its discretion without prior notice.

By continuing to use the Company’s Services, you acknowledge and accept these terms regarding third-party services.

If you believe that your copyrighted material has been used in a way that constitutes copyright infringement, you may submit a written complaint to the Company at the designated contact information below. Your complaint must include:

  1. A description of the copyrighted work that you claim has been infringed.

  2. A description of where the material you claim is infringing is located on the Website or Services.

  3. Your contact information, including name, address, telephone number, and email address.

  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  5. A statement by you, made under penalty of perjury, that the information in your complaint is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

  6. Your electronic or physical signature.

The Company will investigate and respond to copyright complaints in compliance with applicable intellectual property laws.

  1. Billing and Payment
    All payments for services must be made in full and in accordance with the billing terms agreed upon at the time of purchase or subscription. Payments may be processed via credit card, ACH transfer, or other methods specified by the Company.

  2. Billing Cycles
    Services may be billed on a one-time, monthly, or annual basis, as outlined in the service agreement. Recurring billing will continue until canceled by the User or the Company, in compliance with the cancellation terms.

  3. Refund Policy
    Refunds are only issued in accordance with the Company’s refund policy. Users are encouraged to review the specific refund terms outlined in the service agreement or invoice.

  4. Late Payment
    Late payments may incur a late fee of up to 1.5% of the outstanding balance per month or the maximum rate permitted by law, whichever is lower. The Company reserves the right to suspend or terminate services for overdue accounts.

  5. Disputed Charges
    Users must notify the Company of any billing disputes within 30 days of the charge. Failure to do so may result in forfeiture of the right to dispute the charge.

  6. Price Changes
    The Company reserves the right to change its pricing or fees for services at any time. Users will be notified in advance of any changes that affect recurring billing.

The Company values your feedback and welcomes reviews regarding its services. By submitting feedback or reviews, you acknowledge and agree to the following:

  1. Ownership of Submissions
    Any feedback, suggestions, or reviews submitted to the Company become the exclusive property of the Company, and the Company reserves the right to use such submissions for any purpose, including marketing and promotional efforts.

  2. Prohibited Content
    Feedback and reviews must not contain any unlawful, offensive, defamatory, or misleading content. The Company reserves the right to remove any submissions that violate these terms.

  3. Non-Confidentiality
    Feedback and reviews are considered non-confidential, and the Company is under no obligation to keep such submissions private.

Contact Information

  1. Business Name:

    • NeuroSpark Marketing

  2. Email Address:

  3. Telephone Number:

    • Add a customer service or support phone number for direct communication: (763) 319-2003.

  4. Business Hours:

    • Specify the business hours during which users can expect a response to their inquiries: Monday to Friday, 9 AM to 5 PM CST.

  5. Response Timeframe:

    • State the typical timeframe for responding to user communications: within 24-48 hours, excluding weekends and public holidays.

  6. Contact Page:

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