Terms of Service

These Terms of Service are a legal agreement between you and Creative Spark Productions LLC d/b/a CSPro (“CSPro,” “Company,” “we,” “our,” or “us”) governing your access to and use of CSPro, including our website, customer relationship management platform, applications, integrations, APIs, support services, and related products and services collectively referred to as the “Services.”

By accessing or using the Services, creating an account, clicking “I agree,” connecting a third-party account, or otherwise using CSPro, you agree to be bound by these Terms.

If you are using CSPro on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you individually and that entity.

If you do not agree to these Terms, you may not access or use the Services.

1. Overview of CSPro

CSPro is a customer relationship management platform that helps businesses manage contacts, leads, customers, communications, sales pipelines, tasks, reminders, appointments, notes, workflows, reporting, and related business operations.

The Services may include integrations with third-party services, including Google services, email providers, calendar providers, communication tools, payment processors, and other business applications.

2. Eligibility

You may use the Services only if you:

• Are at least 18 years old;
• Have the legal capacity to enter into a binding agreement;
• Are not prohibited from using the Services under applicable law;
• Are not located in a country or region where use of the Services is prohibited by applicable sanctions or export control laws;
• Comply with these Terms and all applicable laws.

You may not use the Services if you are barred from doing so under applicable law.

3. Accounts and Registration

To use certain features of CSPro, you may need to create an account.

You agree to:

• Provide accurate, current, and complete account information;
• Keep your account information updated;
• Maintain the confidentiality of your login credentials;
• Use strong passwords and reasonable security practices;
• Promptly notify us of any unauthorized access or suspected security incident;
• Be responsible for all activity occurring under your account.

We are not responsible for losses caused by your failure to protect your account credentials.

We may refuse registration, suspend accounts, or reclaim usernames, workspace names, or account identifiers at our discretion.

4. Organization Accounts and Administrators

If your account is associated with a company, team, workspace, or other organization, the organization may designate one or more administrators.

Administrators may have the ability to:

• Add, remove, or manage users;
• Assign roles and permissions;
• Access, export, modify, or delete CRM records;
• Configure integrations;
• Manage billing and subscriptions;
• View account activity and usage;
• Control workspace settings.

If you use CSPro through an organization, your access may be controlled by that organization. We are not responsible for decisions made by your organization’s account owners or administrators.

5. Customer Data

“Customer Data” means information, content, files, communications, records, contacts, leads, notes, tasks, documents, messages, calendar information, and other materials submitted to, uploaded to, imported into, synced with, or stored in the Services by you or on your behalf.

As between you and CSPro, you retain ownership of Customer Data. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, display, copy, store, back up, and use Customer Data solely as necessary to:

• Provide the Services;
• Maintain and secure the Services;
• Provide customer support;
• Troubleshoot issues;
• Improve reliability, functionality, and performance;
• Comply with applicable law;
• Enforce these Terms.

We do not sell Customer Data.

You are solely responsible for Customer Data, including its accuracy, legality, quality, and the means by which it was collected.

You represent and warrant that you have all rights, permissions, notices, and consents necessary to upload, import, sync, store, process, and use Customer Data through the Services.

6. Personal Information and Privacy

Our collection, use, storage, sharing, and protection of personal information is described in our Privacy Policy.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

If there is a conflict between these Terms and the Privacy Policy regarding our handling of personal information, the Privacy Policy controls for that issue.

7. Google Services and OAuth Integrations

CSPro may allow you to connect your Google Account to use features such as Google sign-in, email sync, calendar sync, contact sync, file linking, or other Google-connected functionality, depending on the features available in your account and the permissions you authorize.

When you connect a Google Account, you authorize CSPro to access, process, and use the Google user data permitted by the OAuth scopes you approve, solely to provide or improve the user-facing features of CSPro.

CSPro’s use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

You understand and agree that:

• Your use of Google services is also governed by Google’s applicable terms and policies.
• You may revoke CSPro’s access to your Google Account through your Google Account permissions page or through CSPro account settings where available.
• If you revoke access, certain Google-connected features may stop working.
• Data previously synced into CSPro may remain in CSPro as part of CRM records, logs, backups, or legal/business records unless deleted in accordance with our Privacy Policy and applicable law.
• CSPro is not responsible for outages, changes, restrictions, suspensions, or errors caused by Google services, Google APIs, or your Google Account settings.

You may not use Google-connected features to violate Google’s terms, applicable law, third-party rights, or these Terms.

8. Third-Party Services and Integrations

The Services may allow you to connect, access, or use third-party products, services, software, websites, APIs, or integrations.

Third-party services are not controlled by CSPro. We are not responsible for:

• The availability, accuracy, security, or performance of third-party services;
• The privacy practices of third-party providers;
• Changes to third-party services;
• Loss of access to third-party services;
• Data transmitted to or from third-party services at your direction;
• Fees charged by third-party providers.

Your use of third-party services is governed by the applicable third party’s terms and privacy policies.

We may add, modify, suspend, or discontinue integrations at any time.

9. Subscriptions, Fees, and Payment

Certain Services may require payment of fees.

You agree to pay all fees associated with your subscription, plan, usage, add-ons, professional services, or other purchases.

Unless otherwise stated in an order form or written agreement:

• Fees are billed in advance;
• Subscriptions automatically renew until canceled;
• Fees are non-refundable except as required by law or expressly stated in these Terms;
• You authorize us and our payment processors to charge your payment method for recurring fees, taxes, and applicable charges;
• You are responsible for keeping billing and payment information accurate and current.

We may change fees, plans, features, or billing terms by providing notice as required by law or as otherwise stated in your order form.

If payment is overdue, we may suspend or terminate access to the Services, downgrade your plan, limit features, or pursue collection.

You are responsible for all applicable taxes, duties, levies, or governmental charges, excluding taxes based on our income.

10. Free Trials, Beta Features, and Promotions

We may offer free trials, beta features, pilot programs, promotional credits, or early-access functionality.

Unless otherwise stated:

• Free trials and promotional offers may be modified or ended at any time;
• Beta features are provided for testing and evaluation;
• Beta features may be incomplete, unstable, unavailable, or changed without notice;
• We may discontinue beta features without obligation to make them generally available;
• Beta features are provided “as is” and may be excluded from support, warranties, or service commitments.

You should not rely on beta features for critical business operations.

11. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right;
• Send spam, unsolicited messages, or unlawful communications;
• Upload or transmit malware, viruses, worms, or harmful code;
• Interfere with or disrupt the Services or related systems;
• Attempt to gain unauthorized access to any account, system, network, or data;
• Circumvent security, usage limits, authentication, or access controls;
• Scrape, crawl, harvest, or extract data except as expressly permitted;
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services;
• Use the Services to build a competing product or service;
• Misrepresent your identity or affiliation;
• Impersonate another person or entity;
• Upload unlawful, defamatory, abusive, harassing, hateful, obscene, or infringing content;
• Process highly sensitive data unless your plan and written agreement expressly permit it;
• Use the Services for surveillance, data brokerage, credit-worthiness decisions, lending decisions, or unlawful profiling;
• Use the Services in a way that could damage, disable, overburden, or impair the Services;
• Use the Services for emergency, life-safety, or high-risk activities where failure could lead to death, personal injury, or severe property or environmental damage.

We may investigate suspected violations and may suspend or terminate access if we believe you have violated these Terms.

12. Communications Compliance

If you use CSPro to send emails, messages, calls, reminders, calendar invitations, or other communications, you are responsible for complying with all applicable laws, rules, and industry standards, including laws relating to:

• Email marketing;
• Spam and unsolicited communications;
• Telemarketing;
• Text messaging;
• Call recording;
• Consent requirements;
• Opt-outs and unsubscribe requests;
• Consumer protection;
• Privacy and data protection.

You are solely responsible for the content, recipients, timing, legality, and consequences of communications sent through or in connection with CSPro.

We may suspend or limit communication features if we believe they are being misused.

13. Customer Responsibilities

You are responsible for:

• Your use of the Services;
• Your users’ use of the Services;
• Customer Data submitted to the Services;
• Obtaining required consents and permissions;
• Providing legally required notices to your customers, leads, contacts, employees, and users;
• Configuring user permissions appropriately;
• Maintaining your own records and backups where necessary;
• Ensuring that your use of CSPro complies with applicable law;
• Reviewing and complying with third-party terms for connected services.

You are also responsible for ensuring that no prohibited or restricted data is submitted to CSPro unless expressly permitted by your agreement with us.

14. Data Backup and Export

CSPro may provide tools to export certain Customer Data, depending on your plan and permissions.

You are responsible for exporting Customer Data before terminating your account or subscription.

Although we may maintain backups for operational, security, or disaster recovery purposes, we do not guarantee that deleted or lost Customer Data can be recovered.

15. Support and Maintenance

We may provide customer support through email, chat, help desk, documentation, or other channels.

Support availability may depend on your subscription plan.

We may perform maintenance, updates, upgrades, or modifications to the Services at any time. We will make reasonable efforts to minimize disruption where practical, but we do not guarantee uninterrupted availability.

16. Service Changes and Availability

We may modify, update, suspend, discontinue, or remove features or functionality at any time.

We are not liable for any modification, suspension, downtime, interruption, or discontinuation of the Services, except as expressly stated in a separate written agreement.

We may also impose usage limits, storage limits, API limits, rate limits, or other restrictions to protect the Services and ensure fair use.

17. Security

We use commercially reasonable administrative, technical, and organizational safeguards designed to protect the Services and Customer Data.

You are responsible for maintaining the security of your accounts, devices, networks, credentials, users, and integrations.

You agree to notify us promptly at info@creativesparkpro.com if you suspect unauthorized access to your account or Customer Data.

No service can be guaranteed to be completely secure. You acknowledge that you use the Services at your own risk.

18. Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or that should reasonably be understood to be confidential based on the nature of the information or circumstances of disclosure.

Confidential Information may include business plans, technical information, product roadmaps, pricing, security information, account data, and Customer Data.

Each party agrees to:

• Use Confidential Information only to perform obligations or exercise rights under these Terms;
• Protect Confidential Information using reasonable care;
• Not disclose Confidential Information except to employees, contractors, advisors, service providers, or representatives who need to know it and are bound by confidentiality obligations;
• Promptly notify the other party of unauthorized disclosure where legally permitted.

Confidential Information does not include information that is publicly available, already known without confidentiality obligations, independently developed, or lawfully received from a third party without confidentiality obligations.

A party may disclose Confidential Information if required by law, subpoena, court order, or governmental request, provided that it gives notice where legally permitted.

19. Intellectual Property

We and our licensors own all rights, title, and interest in and to the Services, including software, technology, designs, interfaces, workflows, databases, documentation, trademarks, logos, and other intellectual property.

These Terms do not transfer ownership of the Services or our intellectual property to you.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services except as expressly permitted by us in writing.

20. Feedback

If you provide suggestions, ideas, comments, improvements, or other feedback about the Services, you grant us a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free license to use, modify, commercialize, and incorporate that feedback without restriction or compensation to you.

21. Aggregated and De-Identified Data

We may collect and use aggregated, anonymized, or de-identified information derived from use of the Services for analytics, benchmarking, product improvement, security, and business purposes.

We will not use aggregated or de-identified data to identify you or any individual.

For Google user data, our use will remain subject to applicable Google API Services User Data Policy requirements.

22. Publicity

Unless you opt out by contacting us at info@creativesparkpro.com, you grant us permission to identify your organization as a customer and use your organization’s name and logo in customer lists, websites, sales materials, and marketing materials.

We will not imply endorsement or disclose confidential details about your use of the Services without your permission.

23. Term and Termination

These Terms begin when you first access or use the Services and continue until terminated.

You may stop using the Services at any time. You may cancel your subscription through your account settings or by contacting us, subject to your plan terms.

We may suspend or terminate your access to the Services if:

• You violate these Terms;
• You fail to pay fees when due;
• Your use creates security, legal, operational, or reputational risk;
• We are required to do so by law;
• A third-party service provider or platform requires us to do so;
• Your account is inactive for an extended period;
• We discontinue the Services.

Upon termination:

• Your right to access and use the Services ends;
• You remain responsible for fees accrued before termination;
• We may delete Customer Data in accordance with our data retention practices;
• Certain provisions of these Terms will survive, including payment obligations, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

24. Suspension

We may suspend access to all or part of the Services immediately if we reasonably believe:

• Your account has been compromised;
• Your use poses a security risk;
• Your use may violate applicable law;
• Your use may harm us, users, third parties, or the Services;
• You have violated these Terms;
• Payment is overdue;
• Suspension is required by a third-party platform, integration provider, or legal authority.

We will make reasonable efforts to provide notice unless doing so would create risk, violate law, or compromise security.

25. Disclaimers

The Services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and uninterrupted operation.

We do not warrant that:

• The Services will meet your requirements;
• The Services will be uninterrupted, error-free, or secure;
• Data will always be available, accurate, or recoverable;
• Third-party integrations will remain available or unchanged;
• The Services will produce any particular business outcome, revenue result, sales result, or customer relationship outcome.

You are responsible for evaluating whether the Services meet your business, legal, compliance, and technical requirements.

26. No Professional Advice

CSPro may help organize business information, communications, contacts, leads, tasks, and customer records. The Services do not provide legal, financial, tax, accounting, medical, or other professional advice.

You should consult qualified professionals for advice specific to your circumstances.

27. Limitation of Liability

To the maximum extent permitted by law, CSPro and its owners, officers, directors, employees, contractors, affiliates, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including:

• Lost profits;
• Lost revenue;
• Lost business opportunities;
• Loss of goodwill;
• Loss of data;
• Business interruption;
• Cost of substitute services;
• Unauthorized access to data;
• Third-party service failures.

To the maximum extent permitted by law, our total liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of:

(a) the amount you paid to us for the Services during the three months before the event giving rise to the claim; or (b) $100.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

28. Indemnification

You agree to defend, indemnify, and hold harmless CSPro and its owners, officers, directors, employees, contractors, affiliates, agents, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your use of the Services;
• Your Customer Data;
• Your violation of these Terms;
• Your violation of applicable law;
• Your violation of third-party rights;
• Your communications sent through or in connection with the Services;
• Your use of third-party services or integrations;
• Your failure to obtain required consents, permissions, or notices.

We reserve the right to control the defense of any matter subject to indemnification, and you agree to cooperate with our defense.

29. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

30. Dispute Resolution

Before filing a claim, you agree to first contact us at info@creativesparkpro.com and attempt to resolve the dispute informally.

If the dispute is not resolved within 30 days, either party may bring a claim as permitted under these Terms.

Unless otherwise required by law, any legal action or proceeding arising out of or relating to these Terms or the Services must be brought in the state or federal courts located in Virginia, and each party consents to the personal jurisdiction and venue of those courts.

31. Class Action Waiver

To the maximum extent permitted by law, you and CSPro agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.

32. Export Controls and Sanctions

You may not use, export, re-export, import, sell, release, or transfer the Services except as authorized by applicable law.

You represent that you are not:

• Located in a country or region subject to comprehensive sanctions;
• Listed on any restricted party list;
• Owned or controlled by a restricted party;
• Using the Services for prohibited end uses.

You agree to comply with all applicable export control and sanctions laws.

33. U.S. Government Users

If the Services are used by or on behalf of the United States government, the Services are provided as “commercial items,” “commercial computer software,” and “commercial computer software documentation,” as those terms are used in applicable federal acquisition regulations.

Government users receive only the rights granted under these Terms.

34. Changes to These Terms

We may update these Terms from time to time.

When we update these Terms, we will revise the “Last Updated” date above. If we make material changes, we will provide notice as required by law, which may include notice through the Services, by email, or by posting an updated version.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms.

If you do not agree to updated Terms, you must stop using the Services.

35. Notices

We may provide notices by email, through the Services, by posting on our website, or by other legally permitted means.

Notices to us must be sent to:

36. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent.

We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.

Any attempted assignment in violation of this section is void.

37. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet failures, utility failures, cloud provider outages, third-party service failures, government actions, pandemics, civil unrest, cyberattacks, or other events beyond our reasonable control.

38. Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

39. No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision later.

40. Entire Agreement

These Terms, together with the Privacy Policy, any applicable order form, data processing agreement, subscription terms, or written agreement between you and us, constitute the entire agreement between you and CSPro regarding the Services.

These Terms supersede all prior or contemporaneous agreements, understandings, or communications regarding the Services.

41. Contact Information

For questions about these Terms, contact us at: