Terms of Use
Effective April 2026
Introduction
These Terms of Use govern your access to and use of the Callspark website at callspark.io, our customer dashboard, and the AI voice agent services we provide (together, the “Service”). By creating an account, requesting a demo, or otherwise using the Service, you agree to these terms. If you are using the Service on behalf of a business, you confirm that you have the authority to bind that business to these terms. If you do not agree, do not use the Service.
Eligibility
You must be at least 18 years old and able to enter into a binding contract to use the Service. The Service is intended for businesses and is not designed for personal or consumer use. You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up to date.
Description of the Service
Callspark provides AI voice agents that answer inbound calls, place outbound calls, capture leads, transcribe conversations, and book appointments on behalf of customers. The Service includes a dashboard for configuring agents, reviewing call activity and transcripts, and managing leads and appointments. Specific features available to you depend on your plan and configuration.
Accounts and Security
To use most of the Service, you need an account. You are responsible for keeping your login credentials confidential and for all activity that takes place under your account. Notify us immediately if you suspect unauthorized access. We may suspend or terminate accounts we reasonably believe are being used in violation of these terms or applicable law.
Customer Responsibilities and Compliance
You are responsible for how you use the Service, including the content of calls placed or answered using your voice agents and the lists of contacts you call. You agree to comply with all applicable laws, including telemarketing, calling, and consumer protection laws such as the U.S. Telephone Consumer Protection Act (TCPA), the Canadian Anti-Spam Legislation (CASL), CRTC unsolicited telecommunications rules, the U.S. CAN-SPAM Act, and any equivalent rules in jurisdictions where you or the people you contact are located. You are responsible for obtaining any required prior consents to call or text recipients, honoring do-not-call requests, maintaining your own internal do-not-call lists, and providing any required disclosures (including identifying yourself, the purpose of the call, and that the call is being recorded, where required).
AI-Generated Content and Disclaimers
Our voice agents use artificial intelligence to converse with callers, transcribe calls, and summarize information. AI output can be inaccurate, incomplete, or unexpected, and may misunderstand or misstate things callers say. You are responsible for reviewing AI-generated transcripts, summaries, and lead data before relying on them, and for the actions you or your team take in response. We do not guarantee specific results, conversion rates, appointment volumes, or business outcomes.
Acceptable Use
You agree not to use the Service to: send unsolicited communications in violation of law; harass, threaten, defraud, or impersonate any person; clone or imitate the voice of any individual without their consent; collect information unlawfully; transmit malware or interfere with the Service’s operation; reverse-engineer the Service; resell or sublicense the Service except as expressly permitted; or use the Service for any purpose that is illegal in any jurisdiction where the call originates or is received. We may suspend or terminate your access if we reasonably believe you are violating these rules.
Customer Data
As between you and Callspark, you own the lead data, call recordings, transcripts, configurations, and other information you submit to or generate through the Service (“Customer Data”). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data as necessary to provide and improve the Service, comply with law, and as otherwise permitted by our Privacy Policy. You represent that you have the rights and consents needed for us to process Customer Data on your behalf.
Fees and Payment
Paid plans, usage-based fees, and billing cycles are described in your order or in the dashboard. Unless stated otherwise, fees are charged in advance, are non-refundable, and are exclusive of taxes (which you are responsible for). We may change pricing for future billing periods on reasonable notice. If a payment is overdue, we may suspend or terminate the Service.
Intellectual Property
Callspark and its licensors own the Service, including the underlying software, models, designs, logos, and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, subject to these terms. You may not copy, modify, distribute, or create derivative works of the Service except as expressly permitted. Feedback you provide may be used by us without restriction.
Third-Party Services
The Service relies on third-party providers, including for voice AI, telephony, hosting, and email delivery. Their availability and terms are outside our control. We are not responsible for the actions, content, or omissions of third parties, and your use of any third-party service through the Service is at your own risk.
Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise, to the maximum extent permitted by law. We disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that AI output will be accurate.
Limitation of Liability
To the maximum extent permitted by law, Callspark and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to the Service, even if advised of the possibility of such damages. Our total aggregate liability for all claims arising out of or relating to these terms or the Service will not exceed the amounts you paid us for the Service in the twelve months immediately before the event giving rise to the claim, or one hundred Canadian dollars (CAD $100) if you have not paid us anything.
Indemnification
You agree to defend, indemnify, and hold harmless Callspark and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your Customer Data; your use of the Service in violation of these terms or any law; any calls or messages placed or received using your account; or your violation of any third party’s rights, including consent, privacy, or do-not-call rights.
Term and Termination
These terms apply for as long as you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these terms, fail to pay fees when due, or use the Service in a way that creates legal or operational risk for us or others. On termination, your right to use the Service ends; sections that by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnification) will survive.
Changes to These Terms
We may update these Terms of Use from time to time. When we make material changes, we will update the effective date at the top of this page and, where appropriate, give additional notice. Continued use of the Service after changes take effect means you accept the updated terms.
Governing Law and Disputes
These terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles. The courts located in Toronto, Ontario have exclusive jurisdiction over any dispute arising out of or relating to these terms or the Service, and you consent to that jurisdiction and venue, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Miscellaneous
These terms, together with our Privacy Policy and any order you sign with us, are the entire agreement between you and Callspark regarding the Service and supersede any prior agreements on that subject. If a provision is found unenforceable, the rest of the terms will remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these terms without our written consent; we may assign them in connection with a corporate transaction.
Contact
Questions about these terms? Contact us at [email protected].