Terms and Conditions

These Terms and Conditions ("Terms") are between you, or the business you represent ("you", "your"), and SPARKSSURGE INNOVATIONS PTY LTD (ABN 91 675 523 181), trading as Sparkssurge ("Sparkssurge", "we", "us", "our").

By ticking the box at sign-up, creating an account, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 and using Sparkssurge for business purposes. If you sign up for an organisation, you confirm you have authority to bind that organisation to these Terms.

Sparkssurge provides AI voice and sales agents that can answer and make calls, book jobs and appointments, qualify and follow up leads, record and transcribe conversations, and connect with tools such as your CRM. We may add, change or remove features over time to improve the Service.

You are responsible for your account, your login details and everything done under your account. Keep your credentials secure and let us know straight away if you think someone else has access. We are not liable for losses caused by someone using your account with your permission or because you did not keep your details safe.

When you use Sparkssurge to talk to your own customers, you are responsible for how those conversations happen and for the data you collect. In particular, you agree to:

tell your callers that calls may be recorded and transcribed, and get any consent required by the call recording and surveillance laws that apply to you;

comply with the Spam Act 2003 (Cth) for any SMS or email the platform sends on your behalf, which means having consent, identifying yourself, and giving people a working unsubscribe;

comply with the Do Not Call Register Act 2006 (Cth) where you make outbound marketing calls;

handle your callers' personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles where they apply to you; and

make sure the way you use the agents is accurate, lawful and not misleading.

You must not use Sparkssurge to:

run scams, fraud, phishing, impersonation or any deceptive scheme, or to deceive, threaten, harass or harm anyone;

break any law or regulation, or help anyone else do so;

send unlawful spam, make illegal robocalls, or contact people who have opted out;

launder money, finance illegal activity, or move funds tied to crime;

infringe someone else's rights, including privacy and intellectual property rights;

interfere with, overload, reverse engineer or try to break the security of the platform, or resell or white-label it without our written agreement.

You agree that we have the right to regularly and routinely monitor your account, your usage, call metadata and content, and the data on the platform, to check for scams, fraud, illegal activity and breaches of these Terms. We do this to protect our customers, the people your agents talk to, our providers and the platform itself.

Monitoring is a right, not a duty. The fact that we can monitor does not make us responsible for catching every misuse, and it does not make us liable for what you do on the platform.

If we reasonably suspect that your account is being used for a scam, for fraud, or in a way that breaches these Terms, the law or any regulation, we may suspend or close your account immediately and without prior notice. We may also do this if you fail to pay, or if your use puts the platform, our providers or other people at risk.

Where it is safe and practical, we will tell you why. In serious cases, or where telling you could get in the way of an investigation, we may act first and explain later.

If we suspend or close your account because of a scam, fraud, illegal activity, or a serious breach of these Terms, you forfeit any remaining prepaid balance, credits or funds in your account, and those amounts are not refundable.

This is to stop bad actors from cashing out or moving funds gained through misuse. It does not apply to a normal account closure where you have used the Service in line with these Terms. Nothing here is meant to remove any right you have under the Australian Consumer Law that cannot legally be excluded.

Continued or serious abuse of the platform will be reported to the police and the relevant regulators. We will cooperate with lawful requests and investigations, and we may share account information, records, recordings and transcripts with authorities where the law requires or permits it, or where we reasonably believe it is necessary to prevent or report a crime.

Sparkssurge runs on a prepaid balance and pay-as-you-go usage unless we agree otherwise in writing. You top up your balance, and usage is drawn down as your agents work. Card payments are handled by Stripe.

Prices are in Australian dollars and, where it applies, include GST. Usage that has already been consumed is not refundable. Top-ups are generally non-refundable except where the Australian Consumer Law requires a refund, or where we decide to give one at our discretion. You are responsible for keeping enough balance for your agents to keep running.

The Service relies on third parties such as telephony and number providers, AI and voice providers, and tools you connect like GoHighLevel. Your use of those services may be subject to their own terms, and we are not responsible for their acts, outages or decisions.

We own the Sparkssurge platform, software, branding and content. You keep ownership of your own data and the content you bring. You give us the licence we need to host and process your data so we can provide the Service.

We work hard to keep the Service running, but we do not guarantee it will always be available or error free. We may carry out maintenance, change features, or stop offering parts of the Service. Some features may be labelled beta and can change or be removed.

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies those guarantees. To the extent we are allowed to limit our liability for a failure to meet a consumer guarantee, our liability is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied.

To the maximum extent the law allows, we are not liable for indirect, special or consequential loss, or for lost profits, lost revenue, lost data or lost business opportunities. Where our liability is not otherwise limited and cannot be excluded, our total liability to you for any claim is capped at the amount you paid us for the Service in the three months before the claim arose.

You agree to cover us for claims, losses and costs that come from your use of the Service in breach of these Terms or the law, including how you handle your callers' information and the messages or calls your agents make on your behalf.

How we handle personal information is set out in our Privacy Policy, which forms part of these Terms.

We may update these Terms from time to time. When we make a significant change, we will give you reasonable notice. If you keep using the Service after a change takes effect, you accept the updated Terms.

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. These Terms apply to you wherever you use the Service in Australia, including New South Wales, the Australian Capital Territory and Victoria.

Questions about these Terms can go to privacy@sparkssurge.com.au.