Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and CalSpark (“Company,” “we,” “our,” or “us”) regarding your use of the CalSpark platform and services.

By accessing or using CalSpark, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

CalSpark provides a web-based platform for job scheduling, customer management, and business operations, including:

• Customer relationship management tools
• Job scheduling and assignment features
• User role management and access controls
• Calendar and scheduling interfaces
• Data storage and management capabilities
• Communication and notification features

3. User Accounts and Registration

3.1 Account Creation

To use CalSpark, you must create an account with accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 User Roles

CalSpark supports different user roles with varying levels of access:

• Admin: Full access to all features and user management
• Front Office: Customer and job management capabilities
• Service Technician: Access to assigned jobs and related information

3.3 Account Responsibility

You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use of your account or any other breach of security.

4. Acceptable Use

4.1 Permitted Use

You may use CalSpark only for lawful business purposes and in accordance with these Terms.

4.2 Prohibited Activities

You agree not to:

• Use the service for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our services
• Reverse engineer, decompile, or attempt to extract source code
• Use automated scripts or bots without express written consent
• Share your account credentials with unauthorized parties
• Upload or store content that infringes on intellectual property rights
• Use false or misleading information when creating accounts

5. Data and Privacy

5.1 Your Data

You retain ownership of any data, information, or content you upload to CalSpark (“Your Data”). You grant us a limited license to use Your Data solely to provide our services.

5.2 Data Responsibility

You are responsible for:

• Ensuring you have the right to use and share any data you upload
• Maintaining backups of important data
• Complying with applicable data protection laws
• Obtaining necessary consents for personal data processing

5.3 Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Payment and Billing

If CalSpark becomes a paid service, payment terms will be clearly communicated. All fees are non-refundable unless otherwise stated. We reserve the right to change our pricing with reasonable notice.

7. Intellectual Property

7.1 Our Rights

CalSpark and all related trademarks, copyrights, and intellectual property are owned by us or our licensors. You may not use our intellectual property without express written permission.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use CalSpark solely for your business purposes in accordance with these Terms.

8. Service Availability

We strive to maintain high service availability, but we do not guarantee uninterrupted access. We may perform maintenance, updates, or improvements that temporarily affect service availability.

We reserve the right to modify, suspend, or discontinue any part of our services with reasonable notice when possible.

9. Disclaimers

CALSPARK IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties regarding uninterrupted or error-free operation
• Warranties regarding security or data protection

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or use of our services
• Damages resulting from any conduct or content of third parties

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR OUR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless CalSpark and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, violation of these Terms, or infringement of any rights of another party.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using account settings.

12.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Non-payment of fees (if applicable)

12.3 Effect of Termination

Upon termination, your right to use CalSpark ceases immediately. We may delete your account and data in accordance with our data retention policies.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of CalSpark shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and you consent to the jurisdiction of such arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and CalSpark regarding the use of our services.

14.2 Modifications

We reserve the right to modify these Terms at any time. Changes will be effective when posted, and continued use constitutes acceptance.

14.3 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15. Contact Information

If you have questions about these Terms of Service, please contact us: