Sparklets Terms of Service.

These Terms of Service govern your use of Sparklets.ai, Emma, and related web, mobile, voice, messaging, automation, support, and connected-service features operated by Avant Digital Inc. By accessing or using Sparklets, you agree to these Terms.

Our Privacy Policy, AI Processing Notice, and Subprocessors page explain how Sparklets collects, uses, shares, and processes information. They are important parts of the product relationship even when they are not incorporated into every provision of these Terms.

Sparklets provides AI assistant software that helps users create and manage tasks, process information, draft communications, use connected services, make or receive calls, summarize content, manage follow-ups, schedule and coordinate workflows, and perform other assistant functions.

Sparklets is software and automation support. It is not a law firm, medical provider, financial advisor, tax advisor, broker, employment advisor, travel agency, procurement agent, fiduciary, or licensed professional service unless we separately agree in a written contract signed by Avant Digital Inc.

You must be at least 18 years old and legally able to agree to these Terms. Sparklets is not directed to children or to users who cannot legally consent to an AI assistant service.

You are responsible for keeping your account credentials secure, maintaining accurate account information, and all activity under your account, including activity by anyone you authorize to use Sparklets or access your devices, channels, integrations, or connected accounts.

You are responsible for:

• Your instructions, prompts, files, approvals, recipients, contacts, connected accounts, and content.
• Ensuring you have the right and authority to provide information to Sparklets and to authorize actions through connected services.
• Ensuring any work, employer, business, school, or organization account, email, calendar, file, contact, meeting, or communication channel you connect or use with Sparklets is authorized by that organization and permitted by its policies.
• Reviewing important outputs, drafts, messages, schedules, calls, reservations, quotes, purchases, and commitments before relying on them.
• Complying with law, third-party terms, workplace rules, confidentiality obligations, recording-consent rules, and platform policies.
• Obtaining any required consent or authorization for calls, meetings, recording, transcription, live monitoring, messaging, email, marketing, solicitation, or outreach, including do-not-call, anti-spam, telemarketing, platform, and workplace requirements.
• Not using Sparklets to violate rights, impersonate others, access data without authorization, send unlawful communications, mislead recipients, or bypass security controls.

When you connect a power, grant a permission, provide credentials, approve an automation, or ask Emma to take action, you authorize Sparklets to access, process, transmit, and use relevant information through those services on your behalf and for the purpose of carrying out your request.

If you connect or use a work, employer, business, school, or organization account or provide organization data, you represent that you have authority to do so and that your use is permitted by applicable policies, contracts, confidentiality duties, and law. You are responsible for any employer, organization, contractual, confidentiality, privilege, data-use, disciplinary, or business consequences arising from accounts, data, or communications you connect, provide, or direct Sparklets to use.

Agentic actions may include drafting or sending email, making calls, coordinating schedules, reading or writing calendar events, searching files, contacting vendors, collecting quotes, preparing briefings, placing reminders, opening browser sessions, or interacting with third-party tools. You are responsible for the instructions you provide and the results of actions taken based on those instructions or approved automation settings.

Unless a specific automation is enabled by you, important external actions should be reviewed by you before they are sent, published, booked, accepted, purchased, scheduled, or otherwise relied upon.

Sparklets may help you call, message, research, coordinate with, or gather information from restaurants, hotels, airlines, doctors, lawyers, contractors, vendors, service providers, customers, employees, family members, and other third parties. Sparklets may also help ask questions, relay preferences, check availability, request quotes, make reservations, schedule appointments, or summarize third-party responses at your direction.

You are solely responsible for deciding whether an action is appropriate, whether the instructions are complete, whether a third party is qualified, whether a reservation, appointment, quote, purchase, service, safety practice, allergy accommodation, accessibility accommodation, timing, price, or other condition meets your needs, and whether to rely on anything said or done by a third party.

To the maximum extent permitted by law, Sparklets is not liable for real-world effects of actions taken at your direction or based on your apparent authorization, including missed context, misunderstandings, incorrect or incomplete third-party answers, unavailable reservations, vendor mistakes, unsafe or inadequate third-party practices, allergy or dietary failures, service defects, price disputes, scheduling problems, travel disruption, property damage, personal injury, emotional distress, business loss, or any other downstream consequence.

AI-generated outputs may be inaccurate, incomplete, outdated, delayed, offensive, or inappropriate for a specific purpose. Sparklets may misunderstand instructions, omit context, make reasoning mistakes, or receive incomplete information from users or third parties.

You should not rely on Sparklets as a sole source of truth or as a substitute for professional legal, medical, financial, tax, insurance, employment, compliance, safety, or other expert advice. You are responsible for independently verifying important information and consulting qualified professionals where appropriate.

Sparklets works with third-party AI providers, communications providers, infrastructure providers, payment processors, connected-account providers, browser/search tools, and other subprocessors. Third-party services are governed by their own terms and privacy policies. We do not control third-party services and are not responsible for their acts, omissions, availability, pricing, quality, content, or downstream outcomes.

Our Privacy Policy, AI Processing Notice, and Subprocessors page describe the provider safeguards, paid/API routing, no-training controls, retention differences, and user controls that apply to third-party processing. Those disclosures do not make Sparklets responsible for third-party services beyond what applicable law requires.

Use of Google Maps Platform features through Sparklets is also subject to the Google Terms of Service and Google's Privacy Policy.

If Emma contacts a vendor, hotel, restaurant, airline, doctor, lawyer, painter, service provider, customer, employee, or other third party at your request, that third party remains responsible for its own services, representations, pricing, availability, work quality, and performance.

If you use voice, call, meeting, recording, transcription, messaging, email, or posting features, you are responsible for obtaining any required consent and for ensuring communications are accurate, authorized, lawful, and appropriate. You are also responsible for how recipients understand or act on communications sent or made at your direction.

Meeting and live-support features may help capture audio, recordings, transcripts, speaker labels, summaries, and action items at your direction. You are responsible for deciding whether to use those features, notifying participants, obtaining express consent where required, and complying with all-party consent laws, workplace policies, confidentiality obligations, meeting-platform rules, and any other recording or monitoring requirements that apply to you or the meeting.

If you direct Emma or Sparklets to make calls, send messages, send email, post content, or otherwise contact people for marketing, sales, recruiting, fundraising, political, customer-outreach, lead-generation, or similar purposes, you are solely responsible for lawful recipient selection, prior consent or authorization, opt-out handling, do-not-call rules, caller-identification rules, the Telephone Consumer Protection Act, CAN-SPAM, the Telemarketing Sales Rule, state telemarketing and consumer-protection laws, privacy laws, and platform or channel policies. Sparklets may limit or refuse suspected unlawful, abusive, or high-risk outreach, but Sparklets does not assume responsibility for outreach you direct.

SMS is currently unavailable. No member may use future Sparklets SMS for bulk messaging, marketing, promotions, lead generation, campaigns, contact imports, fundraising, or legal, medical, financial, employment, family, credential, or other sensitive content. The only approved external-recipient use is one-to-one, non-marketing personal operations and logistics coordination for a named member.

Member permission, provision of a number, account consent, or attestation does not create recipient consent. A member may direct only approved non-sensitive coordination for a recipient with the exact current consent program and a member-authorized disclosure envelope for that delegation. Consent binds the recipient number, Sparklets sender/program, named member and assistant, scope, and 20-message rolling 7-day cap. Consent for one member cannot authorize messages for another member.

A member cannot override STOP, the disclosure envelope, accepted pricing or cap, recipient eligibility, or a dispatcher decision. No message may be sent outside the recipient envelope or under another member's consent. The public SMS Consent Evidence documents the live-call, spoken-yes, one-confirmation, and handset-YES flow. It is read with our Terms and SMS Communications disclosure.

STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT immediately suppress future Sparklets messages except any legally required confirmation. HELP identifies Sparklets and returns support@sparklets.ai and sparklets.ai with STOP, frequency, and rates information. START or UNSTOP can only restore the same previously active exact program after STOP and cannot enroll a new recipient. Message frequency varies, up to 20 member-funded task or notification messages to the same recipient in any rolling 7-day period across all Sparklets programs. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

Members remain responsible for lawful instructions, recipients, purpose, content, and use of messaging. Sparklets retains its own recipient-consent and suppression controls and may block, limit, or refuse risky or noncompliant SMS. The HELP and STOP rules are public and cannot be waived by a member or administrator.

Paid plans, subscriptions, usage credits, Sparks, add-ons, renewals, cancellations, and invoices are managed as described in the product and through our payment provider. Plan changes may take effect immediately or at the next billing cycle depending on the selected option and payment-provider behavior.

Unless required by law or expressly stated in the product, payments are not refundable once a billing period, usage package, or usage event has started. App Store, payment provider, or platform billing rules may also apply where purchases are made through those channels.

Sparklets may change, suspend, or discontinue features, integrations, providers, models, pricing, or limits. Beta, preview, experimental, and pre-launch features may be incomplete, unstable, unavailable, or subject to additional restrictions.

You may stop using Sparklets at any time. We may suspend or terminate access, remove content, disable integrations, or limit features if we believe you violated these Terms, failed to pay, created legal or security risk, violated a third-party policy, or used the service unlawfully or abusively.

To the maximum extent permitted by law, Sparklets is provided "as is" and "as available." Avant Digital Inc disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, uninterrupted operation, security, and error-free performance.

We do not warrant that Sparklets, Emma, AI outputs, third-party services, calls, messages, integrations, browser sessions, searches, files, memories, recommendations, or actions will be accurate, complete, timely, secure, uninterrupted, accepted by third parties, or fit for any particular outcome.

To the maximum extent permitted by law, Avant Digital Inc, Sparklets, and our affiliates, officers, employees, contractors, suppliers, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages; lost profits; lost revenue; lost savings; lost data; business interruption; reputational harm; procurement of substitute services; or downstream losses from third-party services, communications, vendors, restaurants, transportation providers, healthcare providers, professional service providers, connected work or business accounts, employer or workplace disputes, confidentiality violations, recording or transcription consent, live meeting support, marketing, solicitation, telemarketing, do-not-call, anti-spam, privacy or communications-law claims, missed context, inaccurate outputs, scheduling issues, price disputes, booking or reservation errors, allergy or dietary issues, safety issues, service quality issues, calls, emails, or real-world actions.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to Sparklets or these Terms will not exceed the greater of one hundred dollars or the amount you paid to Sparklets for the service giving rise to the claim during the three months before the event giving rise to liability.

These limitations apply regardless of legal theory, whether in contract, tort, negligence, strict liability, warranty, statute, or otherwise, even if a remedy fails of its essential purpose and even if we were advised of the possibility of damages. Some jurisdictions do not allow certain limitations, so some limits may not apply to you.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Avant Digital Inc, Sparklets, and our affiliates, officers, employees, contractors, suppliers, and licensors from claims, losses, liabilities, damages, judgments, penalties, costs, and expenses, including reasonable attorneys' fees, arising from or related to your content, instructions, connected accounts, approvals, use of Sparklets, workplace or employer policies, business or organization accounts, recording or transcription consent, meeting participants, marketing, solicitation, telemarketing, do-not-call, anti-spam, privacy or communications-law claims, violation of these Terms, violation of law, violation of third-party rights, or actions taken at your direction.

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules, except where consumer law requires otherwise. Before filing a claim, you agree to contact us at legal@sparklets.ai so we can try to resolve the issue informally.

Unless a mandatory law provides otherwise, claims arising out of or relating to these Terms or Sparklets must be brought in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

We may update these Terms by posting an updated version with a new effective date. Material changes may also be communicated through the product or by email where appropriate. If you do not agree to updated Terms, you must stop using Sparklets.

Legal notices and Terms questions can be sent to legal@sparklets.ai. Privacy requests can be sent to privacy@sparklets.ai.