1. Introduction

Welcome to startsparky.com (the "Platform"), owned and operated by Start My Business Inc. ("we," "us," or "our"). This Privacy Policy is a legally binding agreement between you ("you" or "user") and us. It governs the collection, use, and disclosure of your personal information when you use our Platform and its services (the "Services").

Our Platform is an AI-powered lead generation and outreach tool designed to help businesses grow. We are committed to protecting your privacy and handling your data in an open and transparent manner. This Privacy Policy is designed to be comprehensive and to provide you with a clear understanding of our data practices. It is intended to meet the highest standards of legal compliance and to provide equal protection for all parties.

By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by the terms of this Privacy Policy. If you do not agree with this Privacy Policy, please do not use our Platform.

2. Definitions

"Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This includes, but is not limited to, the types of information listed in the "Information We Collect" section of this Privacy Policy.

"AI-Generated Content" means any content, including but not limited to text, images, and audio, that is created by our artificial intelligence technology.

"User-Generated Content" means any content, including but not limited to text, images, and files, that you upload, post, or otherwise make available on our Platform.

"Platform" means the startsparky.com website and all associated services, features, and content.

"Services" means the AI-powered lead generation, outreach, and other services provided by our Platform.

3. Scope of this Privacy Policy

This Privacy Policy applies to all Personal Information that we collect through our Platform, as well as any other information that we may collect from you through other channels, such as email or phone.

This Privacy Policy does not apply to any third-party websites, services, or applications that you may access through our Platform. We encourage you to review the privacy policies of those third parties before providing them with your Personal Information.

4. Information We Collect

We collect a variety of information from and about you when you use our Platform. This information can be broadly categorized as follows:

4.1. Information You Provide to Us

• Account Information: When you create an account on our Platform, we collect your name, email address, phone number, and any other information you provide.
• Business Information: We collect information about your business, such as your company name, industry, and size.
• User-Generated Content: We collect any User-Generated Content that you upload to our Platform, including but not limited to text, images, and files (up to 268.44MB). This includes knowledge base files that you upload to train our AI.
• Payment Information: When you make a payment on our Platform, we use a third-party payment processor (Polar) to collect your payment information. We do not store your full credit card number.
• Communications: We collect any information that you provide to us when you communicate with us, such as through email or phone.

4.2. Information We Collect Automatically

• Log Data: When you use our Platform, our servers automatically record information that your browser sends. This may include your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information.
• Usage Data: We collect information about how you use our Platform, such as the features you use, the actions you take, and the time, frequency, and duration of your activities.
• Cookies and Similar Technologies: We use cookies and similar technologies, such as jQuery, to collect information about your use of our Platform. You can control the use of cookies at the individual browser level.
• Google Analytics: We use Google Analytics to collect information about your use of our Platform. Google Analytics collects information such as how often users visit our Platform, what pages they visit when they do so, and what other sites they used prior to coming to our Platform. We use the information we get from Google Analytics only to improve our Platform.
• Calendly Integration: If you use our Calendly integration to schedule appointments, we will collect information from your Calendly account, such as your name, email address, and calendar availability.

4.3. Information We Collect from Third Parties

We may collect information about you from third-party sources, such as public databases, social media platforms, and data brokers.

5. How We Use Your Information

We use the information we collect for a variety of purposes, including:

• To provide and improve our Services: We use your information to provide, maintain, and improve our Platform and Services.
• To personalize your experience: We use your information to personalize your experience on our Platform, such as by showing you relevant content and advertising.
• To communicate with you: We use your information to communicate with you about your account, our Services, and other matters.
• For research and development: We use your information to conduct research and development to improve our Platform and Services.
• For marketing and advertising: We may use your information to market and advertise our Services to you.
• To comply with our legal obligations: We may use your information to comply with our legal obligations, such as to respond to subpoenas and court orders.

6. How We Share Your Information

We do not sell your Personal Information. However, we may share your information with third parties in the following circumstances:

• With your consent: We may share your information with third parties when we have your consent to do so.
• With our service providers: We may share your information with our service providers who perform services on our behalf, such as payment processing, data analysis, and email delivery. These service providers are authorized to use your Personal Information only as necessary to provide these services to us.
• With our partners: We may share your information with our partners for marketing and other purposes. Specifically, we may share your data with brandmetrics.us/map (a partner division) and Brand Metrics LLC (our umbrella company in New Mexico). This data is shared for free and is used for analytics and to improve our services.
• For legal reasons: We may share your information with third parties if we believe that it is reasonably necessary to comply with a law, regulation, or legal request; to protect the safety of any person; to address fraud, security, or technical issues; or to protect our rights or property.
• In connection with a merger or acquisition: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.

7. E-Signature and Consent

7.1. Legal Equivalence of Electronic Signatures

You acknowledge and agree that your use of electronic signatures, clicks, or other methods of assent on our Platform is the legal equivalent of your manual, handwritten signature on a paper document. You further agree that your electronic signature is a valid and binding indication of your intent to be bound by the terms of any agreement or document on which you click or otherwise indicate your assent. You agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and us.

7.2. Consent to Conduct Business Electronically

By using our Platform, you consent to conduct business electronically with us. This includes, but is not limited to, your consent to receive all notices, disclosures, and other communications from us in electronic form. You agree that you have the necessary hardware and software to receive and retain electronic communications from us.

8. AI and Intellectual Property

8.1. Ownership of AI Technology

All right, title, and interest in and to our Platform and Services, including our AI technology, models, and algorithms, are and will remain the exclusive property of Start My Business Inc. and its licensors. Our Platform and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Privacy Policy gives you a right to use the startsparky.com name or any of the startsparky.com trademarks, logos, domain names, and other distinctive brand features.

8.2. Use of AI-Generated Content

Our Platform may generate AI-Generated Content. You acknowledge that AI-Generated Content is not the work of a human author and is not protected by copyright law. You may use AI-Generated Content for your own internal business purposes, but you may not reproduce, distribute, or create derivative works of AI-Generated Content for any other purpose without our express prior written consent.

8.3. User-Generated Content and AI Training

You retain all of your ownership rights in your User-Generated Content. However, by submitting User-Generated Content to our Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content in connection with the Platform and our (and our successors' and affiliates') business, including for the purpose of training and improving our AI technology.

9. DMCA Compliance

9.1. DMCA Notice and Takedown Procedure

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy of responding to notices of alleged copyright infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Platform, please notify our copyright agent, as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Platform;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent at:

DMCA Agent
Start My Business Inc.
1603 Capitol Ave, Ste 413
Cheyenne, WY 82001
Phone: +1 (888) 534-4145
Email: [email protected]

9.2. Live Scanning for Infringed Images

To further protect the intellectual property rights of others, we have engaged a third-party DMCA compliance company to conduct live scanning of our Platform for infringed images. This process is automated and is designed to identify and flag potential instances of copyright infringement.

10. Your Privacy Rights

Depending on your location, you may have certain rights regarding your Personal Information. These rights may include:

• The right to access your Personal Information: You have the right to request a copy of the Personal Information that we hold about you.
• The right to correct your Personal Information: You have the right to request that we correct any inaccurate or incomplete Personal Information that we hold about you.
• The right to delete your Personal Information: You have the right to request that we delete the Personal Information that we hold about you, subject to certain exceptions.
• The right to opt-out of the sale or sharing of your Personal Information: You have the right to opt-out of the sale or sharing of your Personal Information. You can exercise this right by clicking on the "Do Not Sell or Share My Personal Information" link on our website.
• The right to non-discrimination: We will not discriminate against you for exercising any of your privacy rights.

To exercise any of these rights, please contact us at [email protected].

11. Data Security

We have implemented reasonable administrative, technical, and physical security measures to protect your Personal Information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

12. Data Retention

We will retain your Personal Information for as long as is necessary to fulfill the purposes for which it was collected, unless a longer retention period is required or permitted by law.

13. Children's Privacy

Our Platform is not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have collected Personal Information from a child under the age of 13, we will take steps to delete that information as soon as possible.

14. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. If we make any material changes, we will notify you by email or by posting a notice on our Platform prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

15. Contact Us

If you have any questions about this Privacy Policy, please contact us at:

Start My Business Inc.
1603 Capitol Ave, Ste 413
Cheyenne, WY 82001
Phone: +1 (888) 534-4145
Email: [email protected]

1. Introduction and Agreement to Terms

Welcome to startsparky.com (the "Website"), owned and operated by Start My Business Inc. ("we," "us," or "our"). These Terms of Service (the "Terms") govern your access to and use of our Website, our AI-powered lead generation and voice agent technology, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, you may not access or use our Services.

Contact Information:
Start My Business Inc.
1603 Capitol Ave, Ste 413
Cheyenne, WY 82001
Phone: +1 (888) 534-4145

2. Legally Binding E-Signature Consent

In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA), you agree that your electronic signature is the legal equivalent of your manual, wet ink signature. By clicking "I Agree," "I Accept," or any other similar button or by accessing or using our Services, you are providing your electronic signature and acknowledging that you have read, understood, and agree to be bound by these Terms.

You consent to receive all communications, agreements, and notices that we provide in connection with the Services electronically, including by email, by posting on the Website, or through other electronic means. You agree that all electronic communications, agreements, and notices have the same legal effect as if they were in writing.

3. AI Technology and Intellectual Property Rights

3.1. Our Intellectual Property

All right, title, and interest in and to the Services, including our AI-powered lead generation and voice agent technology, our models, algorithms, and the underlying software and code, are and will remain the exclusive property of Start My Business Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the startsparky.com name or any of the startsparky.com trademarks, logos, domain names, and other distinctive brand features.

3.2. AI-Generated Content

As between you and Start My Business Inc., you own the content you create and upload to the Services (your "User Content"). However, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media or distribution methods (now known or later developed) for the purposes of operating, developing, providing, and improving the Services.

With respect to content generated by our AI (the "AI-Generated Content"), we grant you a limited, non-exclusive, non-transferable, and revocable license to use the AI-Generated Content for your internal business purposes. You acknowledge that AI-Generated Content may not be protectable by copyright law and that we make no representations or warranties regarding the copyrightability of any AI-Generated Content.

3.3. Restrictions on Use

You agree not to, and not to permit others to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services;
• Modify, translate, or create derivative works based on the Services;
• Use the Services for any purpose other than its intended purpose;
• Use the Services to develop a competing product or service.

4. DMCA Compliance and Safe Harbor Provisions

Start My Business Inc. respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted the following policy toward copyright infringement.

4.1. Designated Agent

We have designated an agent to receive notifications of claimed copyright infringement. If you are a copyright owner or an agent thereof and believe that any content on our Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• 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 owner of an exclusive right that is allegedly infringed.

Our Designated Agent for notice of claims of copyright infringement can be reached as follows:

Designated Agent
Start My Business Inc.
1603 Capitol Ave, Ste 413
Cheyenne, WY 82001
Phone: +1 (888) 534-4145

4.2. Counter-Notification

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Designated Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cheyenne, Wyoming, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

4.3. Repeat Infringer Policy

We have a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.

5. Service Limitations, Warranties, and Liability Protections

5.1. No Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

5.2. Limitation of Liability

IN NO EVENT SHALL START MY BUSINESS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.3. Indemnification

You agree to defend, indemnify, and hold harmless Start My Business Inc., its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

6. User Obligations and Prohibited Uses

6.1. Your Responsibilities

You are responsible for your use of the Services and for any consequences thereof. You are also responsible for any User Content you submit to the Services, and for any consequences thereof.

6.2. Prohibited Uses

You agree not to use the Services to:

• Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
• Use the Services for any illegal or unauthorized purpose.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, through password mining or any other means.
• Use the Services to send unsolicited or unauthorized advertising, promotional materials, spam, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
• Use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.

7. Payment Terms and Subscription Management

7.1. Subscription Plans and Billing

We offer several subscription plans for our Services, with different features and pricing. You can find the details of our current subscription plans on our Website. All fees are in U.S. Dollars and are non-refundable, except as otherwise provided in these Terms.

By selecting a subscription plan, you agree to pay the monthly subscription fee in advance. We will bill you through our third-party payment processor, Polar. Your subscription will automatically renew each month unless you cancel it.

7.2. 14-Day Money-Back Guarantee

We offer a 14-day money-back guarantee for our Services. If you are not satisfied with our Services for any reason, you may request a full refund within 14 days of your initial purchase.

7.3. Subscription Cancellations

You may cancel your subscription at any time. If you cancel your subscription, you will not be charged for any subsequent billing periods. However, you will not receive a refund for the current billing period, except as provided in our 14-day money-back guarantee.

7.4. Changes to Fees and Plans

We reserve the right to change our subscription plans and fees at any time. We will provide you with reasonable prior notice of any changes to our fees. If you do not agree to the changes, you may cancel your subscription.

8. Dispute Resolution and Governing Law

8.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

8.2. Arbitration

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Cheyenne, Wyoming, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

8.3. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

9. General Provisions

9.1. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Start My Business Inc. with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us.

9.2. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

9.3. Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

9.4. Assignment

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

10. Contact Us

If you have any questions about these Terms, please contact us at:

Start My Business Inc.
1603 Capitol Ave, Ste 413
Cheyenne, WY 82001
Phone: +1 (888) 534-4145