These Terms and Conditions ("Terms") govern your access to and use of the Spark platform, products, and services (collectively, the "Services"). By accessing, purchasing, or using any Spark Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not use our Services.

1. Acceptance of Terms

By using Spark's Services, you agree to comply with these Terms and any policies, procedures, or agreements referenced herein.

2. Services Provided

Spark provides recruiting and lead generation services for life insurance agency owners and insurance professionals. Services may include, but are not limited to:

Agent recruiting lead generation

Lead delivery and management

Appointment setting

Candidate pre-screening

CRM management tools

Recruiting support and training resources

Spark reserves the right to modify, suspend, or discontinue any Service at any time.

3. Eligibility

To use Spark Services, you must:

Be at least eighteen (18) years of age;

Have the legal capacity to enter into a binding agreement; and

Use the Services in compliance with all applicable laws and regulations.

4. Registration and Account Security

To access certain Services, you may be required to create an account.

You agree to:

Provide accurate, current, and complete information;

Maintain and promptly update your account information;

Keep your login credentials secure and confidential; and

Accept responsibility for all activities that occur under your account.

You must notify Spark immediately of any unauthorized use of your account.

5. Payments and Fees

All fees associated with Spark Services are displayed on the platform or agreed upon in writing.

By purchasing Services, you agree to:

Provide accurate payment information;

Authorize Spark and its payment processors to charge applicable fees;

Pay all charges when due; and

Remain responsible for any taxes associated with your purchases.

Failure to make timely payments may result in suspension or termination of Services.

6. Subscription Terms

Spark operates as a recruiting subscription platform.

Clients acknowledge and agree that:

A minimum three (3) month commitment is required upon enrollment.

Subscription payments are non-refundable.

Clients may cancel at any time; however, previously paid fees will not be refunded.

The sole exception to the non-refundable policy is when a client has been incorrectly charged or overcharged.

Subscription fees are automatically charged on the same calendar day each month until canceled.

7. Lead Fulfillment and Delivery

Lead Fulfillment Timeframes

Lead orders are fulfilled based on order volume:

Up to 20 Leads2–3 Business Days

21–40 Leads2–5 Business Days

41–70 Leads2–7 Business Days

71–100 Leads2–10 Business Days

100+ Leads2–14 Business Days

While most orders follow the above fulfillment schedule, standard lead fulfillment generally occurs within four (4) to seven (7) business days after purchase.

Fulfillment timelines are estimates only and may vary due to lead availability, targeting requirements, market conditions, holidays, or other operational factors.

Lead Delivery

All leads are delivered:

Directly into the client's Spark CRM account; and

To the email address associated with the client's account.

Clients are responsible for maintaining accurate account and contact information.

Lead Exclusivity

All purchased leads are exclusive to the purchasing client for twenty-one (21) days from the date of delivery.

During the exclusivity period, Spark will not intentionally redistribute or resell the lead to another client.

CRM Management Requirements

Clients agree to maintain accurate lead records within the Spark CRM.

If a lead is successfully contacted and hired, the lead must be moved into the "Hired" pipeline promptly.

Lead Reassignment

Any lead not marked as "Hired" within the twenty-one (21) day exclusivity period may be transferred to Spark's Bonus Leads inventory and redistributed at Spark's discretion.

By purchasing leads through Spark, clients acknowledge and agree that exclusivity rights expire after the twenty-one (21) day exclusivity period.

No Guarantee of Results

Spark provides recruiting and lead generation services only.

Spark does not guarantee:

Interviews;

Appointments;

Hires;

Production levels;

Revenue;

Recruiting outcomes; or

Any specific business results.

8. Appointment Scheduling and Cancellation

Clients may purchase available appointments through the platform.

Appointment cancellations, rescheduling requests, and refunds are governed by Spark's current cancellation and refund policies.

Spark reserves the right to modify these policies at any time.

9. Acceptable Use

You agree not to:

Use the Services for unlawful purposes;

Misrepresent your identity;

Interfere with the operation of the platform;

Attempt unauthorized access to Spark systems; or

Engage in fraudulent, abusive, or harmful conduct.

Spark reserves the right to suspend or terminate any account violating these Terms.

10. Intellectual Property

All content, software, trademarks, branding, materials, and intellectual property available through Spark remain the exclusive property of Spark and its licensors.

No content may be copied, reproduced, distributed, or used without prior written consent.

11. Privacy

Your use of Spark Services is also governed by our Privacy Policy.

By using the Services, you consent to the collection, use, and storage of information in accordance with that policy.

12. Disclaimer of Warranties

Services are provided on an "as-is" and "as-available" basis.

Spark makes no representations or warranties, express or implied, regarding:

Service availability;

Lead quality;

Lead responsiveness;

Recruiting success; or

Business outcomes.

To the fullest extent permitted by law, all implied warranties are expressly disclaimed.

13. Limitation of Liability

To the maximum extent permitted by law, Spark shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from:

Use of the Services;

Lead purchases;

Recruiting outcomes;

Business losses; or

Service interruptions.

Spark's total liability shall not exceed the amount paid by the client for the specific Service giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Spark, its officers, employees, contractors, affiliates, and agents from any claims, liabilities, damages, losses, or expenses arising from:

Your use of the Services;

Your violation of these Terms; or

Your violation of any applicable law or third-party rights.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed under the laws of the State of Hawaii, without regard to conflict of law principles.

Any dispute arising from these Terms or the Services shall be resolved exclusively through binding arbitration in Honolulu, Hawaii.

The parties agree to waive any right to a jury trial or class action proceeding.

16. Customer Support

Questions, concerns, or support requests should be submitted through the Spark Support Portal:

https://the-spark-start.com/support

Support inquiries are generally addressed within one (1) business day.

17. Changes to These Terms

Spark reserves the right to modify these Terms at any time.

Updated Terms become effective immediately upon posting to the Spark website or platform.

Continued use of the Services after any update constitutes acceptance of the revised Terms.

18. Contact Information

For questions regarding these Terms, please contact:

[email protected]