Terms of Service

Last updated: June 15, 2026

Thank you for using engageSPARK!

Please read these Terms carefully. By signing up for an account, you are agreeing to these Terms. This is a legal agreement.

Here are some definitions that should help you understand this document. engageSPARK (“engageSPARK” or the “Service”) is a communications service available at https://www.engagespark.com (“Public Website”) and https://app.engagespark.com (“App”) (the Public Website and the App, collectively, the “Website”) that allows you to create, send, receive, and manage messages through multiple communication channels, including short message service (“SMS” or “text message”), voice, email, social media, and other communication channels (we will refer to each inbound or outbound message, regardless of channel, as a “Message”).

As part of using the Service, you may submit, post, upload, type, enter, import, or otherwise bring into contact with the Service different types of data, including text, graphics, photos, and other materials or information (we will refer to all of that data collectively as “Content” and to your bringing any Content in contact with the Service as “submitting” Content). You will be submitting Content about individuals — including phone numbers, names, and other personally identifiable information — because you will be using the Service to communicate with those individuals. We will refer to those individuals and all the Content you submit about them as “Contacts.” Your Contacts may also submit data directly through the Service (for example, by replying to surveys you send them, texting opt-in keywords, or responding to your campaigns), and that data is also part of Content. Whenever we use the term Content, we include data about Contacts and data submitted by Contacts.

engageSPARK, Inc. is a Delaware, United States corporation (“engageSPARK,” “we,” or “us”). engageSPARK has one or more parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (we will refer to engageSPARK and all of those entities and individuals collectively as the “engageSPARK Entities”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a Customer under this Agreement (we will refer to you as both a “Customer” and as “you”).

These Terms of Service (the “Terms”) as well as any additional agreement entered into by the Parties related to the Services include and incorporate our Privacy Policy, our Anti-Spam Policy, and our Data Processing Agreement (“DPA”) (collectively, the “Agreement”). If you have any questions about the Agreement, contact our support team.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION (WITH LIMITED EXCEPTIONS FOR CERTAIN JURISDICTIONS) THAT REQUIRES YOU AND US TO USE ARBITRATION ONLY — RATHER THAN JURY TRIALS, CLASS ACTIONS, OR COURT CASES — TO RESOLVE DISPUTES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE.

Account

1.1 Eligibility

To use engageSPARK, you must:

  1. Be of legal age to form a binding contract with us according to the laws of your country;
  2. Have full legal authority to bind an entity to these Terms, if you are signing up for or using the Service on behalf of an entity;
  3. Be legally permitted to use the Service under the laws of the country in which you are resident or from which you use the Service;
  4. Complete the registration process; and
  5. Read and agree to these Terms on your behalf and, if applicable, on behalf of an entity you represent.

By using engageSPARK, you represent and warrant (you make a legally binding promise) that you meet these requirements and that you will not use engageSPARK in a way that violates any laws or regulations. We may refuse service, close accounts, and change eligibility requirements at any time.

1.2 Term

The Term of this Agreement begins when you sign up for engageSPARK and continues for as long as you use the Service, although some terms continue to apply after you stop using the Service (see Survival below). By entering your email address and password on the sign-up form on the Website, checking the “I read and accept the Terms of Service” box, and clicking the sign-up button, you are officially “signing” these Terms and agreeing to all incorporated documents (including the Privacy Policy, Cookie Policy, Anti-Spam Policy, and DPA).

1.3 Privacy and Data Processing

Any information that you provide to engageSPARK is subject to our Privacy Policy, which governs our collection and use of information you provide to us. Where engageSPARK Processes personal data of your Contacts on your behalf as a processor under applicable data protection law, our DPA governs that processing. As part of providing the Service, we may need to send you certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your engageSPARK account, and you may not be able to opt out of receiving them.

1.4 Closing Your Account and Refunds

You may cancel your engageSPARK account and terminate this Agreement at any time and for any reason by giving us Notice. If you cancel your account, you will not receive a refund of any remaining credit balance in your account (we will refer to this credit balance as “engageSPARK Credits”), except as expressly provided in this Agreement or the DPA.

We may cancel your engageSPARK account and terminate this Agreement at any time and for any reason by giving you Notice. We may also suspend the Service to you at any time, with or without cause. If we terminate your account without cause, we will refund a prorated portion of your monthly or annual prepayment and reimburse you for unused engageSPARK Credits. We will not refund or reimburse your prepayment or engageSPARK Credits if we terminate your account for cause, including a violation of these Terms or our Anti-Spam Policy.

If your account is canceled by you or by us, we may permanently delete your account and all the data and Content associated with it, including your Messages, from the Website. You are responsible for exporting Content (including data about your Contacts) using the export functionality of the Service prior to closure or termination. Treatment of Contact data after termination is also governed by the DPA.

Additionally, if you (a) do not perform a transaction that deducts credit from your engageSPARK Credits for 12 or more consecutive months, or (b) do not log in to your account for 12 or more consecutive months, we may treat your account as “inactive” and permanently delete the account, all engageSPARK Credits, and all data associated with your account.

1.5 Changes to these Terms

We may change these Terms from time to time. If we make changes, we will post the revised Terms on our Website and send an email to the last email address you gave us. Changes take effect thirty (30) days after we send the notice. Your continued use of the Service after the changes take effect constitutes your acceptance of the new Terms. We will post a “Last Updated” date at the top of these Terms.

For clarity, changes to fees, pricing, engageSPARK Credits, and subscription plans are governed by the “Payment” section of these Terms and are not subject to the thirty (30) day notice period in this Section.

This section does not apply to the DPA, which may only be amended in accordance with the amendment provisions set out in the DPA. Changes to the Privacy Policy follow the change mechanics described in that document.

We may change the Website, the Service, or any features of the Service at any time, provided that such updates do not materially reduce the overall security of the Services.

1.6 Account and Credentials

You will access your engageSPARK account using your account name, password, two-factor authentication seeds and codes, API keys, backup codes, passkeys, physical security devices, or other available methods (collectively, your “engageSPARK Credentials”). You are responsible for keeping your engageSPARK Credentials confidential and secure. You are responsible for any account that you have access to, whether or not you authorize someone else to use the account, and for any subaccounts (organizational or user) that you create within your account. You will immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or hacked engageSPARK Credentials.

1.7 Account Disputes

We do not know the inner workings of your organization or the nature of your personal relationships, and we do not arbitrate disputes over who owns an account. You will not request access to or information about an account that is not yours. You will resolve any account-related disputes directly with the other party. Pending resolution of a dispute, we may act based on the account information and permissions reflected in the Service.

Payment

2.1 engageSPARK Credits

You will add credit to your account using one of the payment methods described below (we will refer to these credits as “engageSPARK Credits”). We will charge fees against your engageSPARK Credits. engageSPARK Credits roll over from month to month and do not expire while your account remains open.

2.2 Recurring and One-Time Charges

Our charges for subscription plans and for Messages are posted on the Website and may be changed from time to time.

We may also offer other services, such as phone numbers or short codes for receiving inbound Messages. You may be charged one-time and recurring fees for some of those services.

If your engageSPARK Credits reach a zero balance, we will stop sending and receiving Messages on your behalf. If a recurring charge fails due to a zero balance, we may have to remove the associated service from your account and possibly close your account.

2.3 Subscription Plans

For your account to stay open, you must be on a subscription plan.

Subscription plans have monthly or annual billing periods. The fee for a billing period is due at the start of the billing period. When the billing period ends, your plan will renew automatically unless canceled. The fee may be deducted from your engageSPARK Credits shortly before the renewal date. If we cannot deduct the fee for a billing period, we may consider your plan canceled.

If you are not on a subscription plan, we may close your account at our sole discretion (we may provide a short grace period before doing so).

Information about how changes to subscription plans and billing periods work — including upgrading and downgrading plans — is posted on the Website and may be changed from time to time.

2.4 Payment Methods

We accept a variety of payment methods, which may change from time to time.

2.4.1 Credit Cards

If you pay by credit card, you will provide us with valid credit card information that you may use to top up your engageSPARK Credits. We will not charge your credit card to add engageSPARK Credits to your account unless you manually authorize us to do so by clicking the appropriate button on the Website or by checking the “auto-recharge” box, specifying when and how much to pay via auto-payment.

It is your responsibility to keep your credit card information up to date so that auto-recharging works as you expect.

Anyone using a credit card represents and warrants that they are authorized to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected.

2.4.2 Other Payment Methods

We may accept other payment methods such as wire transfers or ACH bank transfers. When using other payment methods, you will need to manually make payments to add credits to your account. engageSPARK Credits are added in the amount we actually receive. Bank, intermediary, and foreign-exchange fees are your responsibility.

2.5 Taxes

You will pay all applicable taxes relating to any purchases or transactions you make via the Service.

2.6 Changes to Our Fees

We may change our fees at any time by posting a new pricing structure on our Website and/or sending you an email notification.

Rights

3.1 engageSPARK Rights

All right, title, and interest in and to the Service (excluding Content) are and will remain the exclusive property of engageSPARK. The Service is protected by copyright, trademark, and other laws. Nothing in these Terms gives you a right to use the engageSPARK name or any of the engageSPARK trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you provide regarding engageSPARK are entirely voluntary, and we will be free to use them as we see fit and without any obligation to you.

3.2 Your License to Use the Service

Subject to your acceptance of and compliance with this Agreement and the payment requirements for the Service, engageSPARK grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license during the Term to access and use the Service, solely in accordance with these Terms. Unless explicitly stated otherwise, any new features that augment or enhance the current Service will also constitute the “Service” and will be subject to these Terms. You may not, and you may not allow any third party to: copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer the Service. You may not allow any unauthorized third party to access the Service. All rights not expressly granted under this Agreement are retained by engageSPARK.

3.3 Your Content

Your rights. You retain your rights to any Content you submit to the Service.

License to engageSPARK. You grant engageSPARK and its affiliates a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and otherwise use Content as necessary to provide or improve the Service in accordance with these Terms and the DPA. engageSPARK will not sell Content. engageSPARK will not use Content for its own marketing or commercial purposes, except as described in “Aggregated insights” below.

Aggregated insights. engageSPARK may analyze Content to derive aggregated statistics and insights about the Service — including the number of recipients reached, geographic regions served, sectors and use cases supported (such as agriculture, health, education, financial inclusion, or humanitarian response), and platform performance trends. engageSPARK may use such aggregated statistics and insights for internal analytics, service improvement, marketing, and reporting, including public statements about the scale and reach of the Service. Such aggregated statistics and insights will not identify any individual, any Customer, or any specific Content.

Modification. engageSPARK may modify or adapt Content as necessary to transmit, display, or distribute it over computer networks or in various media, and may make changes necessary to conform Content to the requirements or limitations of any networks, devices, services, or media.

Your responsibilities. You are responsible for your use of the Service, for any Content you submit, and for any consequences of that Content. You represent and warrant that you have all rights, power, and authority necessary to grant the license described in this section to all Content you submit.

3.4 Restrictions on Content and Use of the Service

Please review the Anti-Spam Policy (which is part of these Terms) to understand how you are permitted to use, and prohibited from using, the Service. We reserve the right (but do not have an obligation) to remove or refuse to distribute Content on the Service and to suspend or terminate your account. We also reserve the right to access, read, preserve, and disclose information as we reasonably believe is necessary to:

  1. Satisfy any applicable law, regulation, legal process, or governmental request;
  2. Enforce these Terms, including investigation of potential violations;
  3. Detect, prevent, or otherwise address fraud, security, or technical issues;
  4. Respond to user support requests; or
  5. Protect the rights, property, or safety of engageSPARK Entities, our Customers, and the public.

You may not do any of the following while accessing or using the Service:

  1. Access, tamper with, or use non-public areas of the Service, engageSPARK’s computer systems, or the technical delivery systems of engageSPARK’s providers;
  2. Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
  3. Access or search the Service by any means (automated or otherwise) other than through our published interfaces (crawling is permitted in accordance with our robots.txt; scraping is prohibited);
  4. Interfere with or disrupt the access of any user, host, or network, including by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or scripting the creation of Content in a way that interferes with or unduly burdens the Service.

3.5 Copyright Policy

engageSPARK respects the intellectual property rights of others and expects Customers to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided. If you believe Content has been copied in a way that constitutes copyright infringement, contact our support team and provide:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Your contact information (address, telephone number, email address);
  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, engageSPARK will terminate a Customer’s account if the Customer is determined to be a repeat infringer.

Rules and Abuse

4.1 Reporting Abuse

If you think anyone is violating these Terms, please notify us immediately. If you received spam you think came from a Customer, report it to our support team. If you believe Content infringes copyright, follow the “Copyright Policy” section of these Terms.

4.2 Bandwidth and Throttling

You may only use our bandwidth for your engageSPARK Messages. We provide hosting only for your Messages and related Content; you may not host Content on our servers for anything other than your Messages. We may throttle your sending or API access at our discretion.

4.3 Compliance with Laws

You represent and warrant that your use of engageSPARK will and does comply with all applicable laws and regulations. You are responsible for determining whether our Service is suitable for your use in light of any laws that apply to you, including data protection, telecommunications, consumer protection, financial-services, and sector-specific laws.

HIPAA / protected health information. The Service is not designed for, and you may not use the Service to Process, electronic Protected Health Information (ePHI) within the meaning of the U.S. Health Insurance Portability and Accountability Act (HIPAA), unless you have first entered into a written Business Associate Agreement (BAA) with engageSPARK. engageSPARK does not currently offer a BAA, and you may not assume one is in place.

GDPR and data protection. Where your use of the Service involves the Processing of Your personal data subject to GDPR, UK GDPR, or other data protection laws, the Privacy Policy governs that processing. Where your use of the Service involves the Processing of Contact personal data subject to GDPR, UK GDPR, or other data protection laws, the DPA governs that processing.

Export controls and sanctions. You represent and warrant that (a) you are not listed on any U.S. or other applicable government list of sanctioned, denied, or restricted persons, including the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List; and (b) you will not use the Service in any manner that would violate U.S. or other applicable export-control or economic-sanctions laws. The foregoing does not prohibit your use of the Service for humanitarian or other activities authorized under an applicable license, exemption, or general license issued by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or other applicable authority.

Anti-corruption. You represent and warrant that you have not, and you agree that you will not, in connection with the Service, directly or indirectly offer, promise, give, or authorize the giving of anything of value to any government official, political party, candidate for political office, or any other person in violation of the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, or any other applicable anti-corruption or anti-bribery law.

Liability

Please read this section carefully. It limits the liability of the engageSPARK Entities. Each subsection applies only to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section limits any rights you have that may not be lawfully limited.

5.1 The Service is Available “AS-IS”

Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENGAGESPARK ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The engageSPARK Entities make no warranty and disclaim all responsibility and liability for:

  1. The completeness, accuracy, availability, timeliness, security, or reliability of the Service or any Content;
  2. Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content;
  3. The deletion of, or the failure to store or transmit, any Content or communications maintained by the Service; or
  4. Whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

No advice or information, whether oral or written, obtained from the engageSPARK Entities or through the Service, will create any warranty not expressly made in this Agreement.

5.2 Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that the engageSPARK Entities are not responsible or liable for (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

5.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENGAGESPARK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES;
  3. ANY CONTENT OBTAINED FROM THE SERVICE; OR
  4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, MESSAGES, OR CONTENT.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF ENGAGESPARK CREDITS YOU USED IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE ENGAGESPARK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

5.4 Indemnity

You agree to indemnify and hold the engageSPARK Entities harmless from any losses (including attorneys’ fees) that result from claims you make that are not allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorneys’ fees) that result from third-party claims that you or someone using your engageSPARK Credentials did something that, if true, would violate any of these Terms.

5.5 Attorneys’ Fees

If we file an action against you claiming you breached these Terms and we prevail, we are entitled to recover reasonable attorneys’ fees and any damages or other relief we may be awarded.

5.6 Equitable Relief

If you violate these Terms, we may seek injunctive relief (we may request a court order to stop you) or other equitable relief.

5.7 Subpoena Fees

If we have to provide information in response to a subpoena related to your account, we may charge you for our costs. These fees may include attorney and employee time spent retrieving records, preparing documents, and participating in depositions.

General Terms

6.1 Assignment

You may not assign any of your rights under this Agreement to anyone else. Any attempted transfer or assignment by you shall be null and void. We may assign our rights to any other individual or entity at our discretion, provided that the assignee agrees in writing or by implication of continued performance to be bound by these Terms.

6.2 Mandatory Arbitration, Choice of Law, and Carve-outs

If you have a complaint or dispute with engageSPARK, you agree to first contact us via the notification system in your account to try to resolve it informally. If you do not first contact us, you forfeit, as permitted by law, the right to bring any claims against us.

IN THE UNLIKELY EVENT THAT WE ARE NOT ABLE TO RESOLVE A DISPUTE INFORMALLY, WE EACH AGREE TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS (INCLUDING THESE TERMS OF SERVICE, PRIVACY POLICY, ANTI-SPAM POLICY, AND DPA) THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT.

THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH BY A SINGLE ARBITRATOR. THE DEFAULT FORMAT SHALL BE REMOTE, CONDUCTED BY VIDEO CONFERENCE OR OTHER VIRTUAL MEANS, UNLESS BOTH PARTIES AGREE IN WRITING TO HOLD AN IN-PERSON HEARING. IF AN IN-PERSON HEARING IS AGREED, IT SHALL TAKE PLACE IN DELAWARE, UNITED STATES OF AMERICA, UNLESS THE PARTIES MUTUALLY AGREE TO A DIFFERENT LOCATION.

THESE TERMS WILL BE GOVERNED, CONTROLLED, INTERPRETED, AND DEFINED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF A DIFFERENT JURISDICTION.

EACH PARTY SHALL BEAR ITS OWN COSTS AND FEES, AND THE COSTS OF THE ARBITRATION SHALL BE SPLIT EQUALLY, UNLESS OTHERWISE REQUIRED BY THE RULES OR AWARD OF THE ARBITRATOR.

YOU AGREE TO BRING ANY CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHTS (1) TO A TRIAL BY JURY AND (2) TO PARTICIPATE IN A CLASS ACTION.

JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

EU, UK, and Swiss customers and consumers. If you are a consumer or a Customer resident in the European Union, the United Kingdom, Switzerland, or another jurisdiction where mandatory consumer-protection law or other mandatory law prohibits or limits arbitration agreements, class-action waivers, or out-of-jurisdiction choice-of-law clauses, those mandatory protections apply to you instead of (or, where compatible, in addition to) this section. In particular: (a) where mandatory law gives you the right to bring proceedings in the courts of your place of residence, that right is preserved; (b) where mandatory law gives you the right to invoke the protective laws of your habitual residence, those laws apply; and (c) nothing in this section limits your rights as a consumer that cannot be limited by contract.

Carve-out for the DPA. Nothing in this section overrides the governing-law and dispute-resolution provisions of the DPA‘s transfer-mechanism annexes (including the EU Standard Contractual Clauses, UK IDTA, and Swiss modifications), which apply to disputes arising under those transfer mechanisms.

6.3 Force Majeure

We will not be held liable for any delays or failure in performance of any part of the Service from any cause beyond our control. This includes acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

6.4 Survival

Even if this Agreement is terminated, the following continue to apply:

  1. “Rights” (all subsections except Your License to Use the Service);
  2. “Compliance with Laws”;
  3. “Liability” (all subsections); and
  4. “General Terms” (all subsections), as well as any provisions of the DPA, Privacy Policy, or Anti-Spam Policy that by their nature are intended to survive.

6.5 Severability

If a section of this Agreement is not enforceable, that section will be removed or edited as little as necessary, and the rest of this Agreement will remain valid.

6.6 Interpretation

Headers are provided to make these Terms easier to read and understand. Capitalized terms used but not defined in these Terms have the meanings given in the DPA or Privacy Policy. The fact that we wrote these Terms will not affect the way they are interpreted.

6.7 Amendments and Waiver

Amendments to these Terms will be effective in accordance with the “Changes to these Terms” section and, for the DPA, in accordance with the DPA‘s own amendment provisions. Additional terms may apply to certain features of the Service (“Additional Terms”). The Additional Terms will be incorporated into these Terms when you activate the feature. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control for the specific feature. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under these Terms, and we may still take action at some point. In the event of a conflict between these Terms and the DPA with respect to the Processing of Contact Personal Information, the DPA shall control.

6.8 Further Actions

You will provide all documents and take any actions necessary to meet your obligations under these Terms.

6.9 Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered by email to help@engagespark.com (or such other email address as we may designate).

6.10 Entire Agreement

This Agreement is the entire and exclusive agreement between you and engageSPARK regarding the Service, and supersedes and replaces any prior agreements, representations, and understandings between you and engageSPARK regarding the Service.

Thank you for taking the time to learn about engageSPARK’s Terms of Service.

Previous versions

The version above was published on June 15, 2026. For your reference, please find past versions of our Terms of Service here: