Terms of Service

Welcome to AgentSpark ("Service"), owned and operated by Jeffrey Brown ("we," "us," or "our"). By accessing or using AgentSpark, you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By registering for an account, accessing, or using AgentSpark, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and Jeffrey Brown.

2. Description of Service

AgentSpark is an AI-powered content generation platform designed to assist real estate professionals in creating marketing materials, communications, and other content. The Service uses artificial intelligence, including but not limited to OpenAI's GPT models and web research capabilities, to generate text-based content based on user inputs.

3. AI-Generated Content Disclaimer

4. Limitation of Liability

5. User Responsibilities

As a User of AgentSpark, you agree to:

• Verify All Information: Review and verify the accuracy of all facts, figures, statistics, and claims in generated content before use.
• Compliance: Ensure all use of generated content complies with applicable laws, regulations, and professional standards, including but not limited to the Fair Housing Act, Truth in Advertising laws, and real estate licensing requirements.
• Professional Judgment: Apply your professional expertise and judgment when using generated content in your real estate practice.
• No Reliance: Not rely solely on AI-generated content for critical business decisions or legal matters without independent verification.
• Indemnification: Indemnify, defend, and hold harmless Jeffrey Brown and AgentSpark from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of the Service or generated content.

6. Account Terms

• One Account Per Person: Each account is for individual use only. Account sharing is strictly prohibited.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Accurate Information: You agree to provide accurate, current, and complete information during registration and to update it as necessary.
• Age Requirement: You must be at least 18 years old and legally capable of entering into binding contracts to use this Service.

7. Data Collection and Storage

Content Storage: All content you generate using AgentSpark, including your inputs and the AI-generated outputs, may be stored on our servers for the following purposes:

• To provide you with access to your generation history
• To improve the Service and AI model performance
• To analyze usage patterns and optimize features
• To ensure service quality and compliance

Privacy Commitment: While we store your generated content, we will NOT share it with other users. Your content remains private to your account. See our Privacy Policy for detailed information about data handling.

8. Subscription and Payment

• Free Trial: New users receive a 30-day free trial. No payment is required during the trial period.
• Subscription Fee: After the trial, continued access requires a paid subscription at the current rate ($29/month or as otherwise posted).
• Automatic Renewal: Subscriptions automatically renew unless canceled before the renewal date.
• Cancellation: You may cancel your subscription at any time. Access continues until the end of your paid period.
• Price Changes: We reserve the right to change subscription prices with 30 days' notice. Existing subscribers will be grandfathered at their current rate for a reasonable period.
• Refunds: Refunds are handled on a case-by-case basis at our sole discretion.

9. Acceptable Use Policy

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Generate content that violates fair housing laws or other anti-discrimination statutes
• Attempt to reverse engineer, decompile, or access the underlying AI models
• Use automated means (bots, scripts) to access the Service without authorization
• Share your account credentials with others
• Abuse the Service through excessive usage or attempts to overload systems
• Generate content for commercial resale or to compete with AgentSpark
• Upload or input malicious code, viruses, or harmful content

10. Usage Limits and Service Availability

• Reasonable Use: The Service is subject to reasonable use limits to ensure fair access for all users.
• Rate Limiting: We implement rate limiting (currently 60 requests per minute) to prevent abuse.
• Service Interruptions: We do not guarantee uninterrupted access to the Service. Scheduled maintenance and unexpected downtime may occur.
• Modification or Termination: We reserve the right to modify, suspend, or terminate the Service or any features at any time with or without notice.

11. Termination Rights

We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for ANY reason, including but not limited to:

• Violation of these Terms of Service
• Abusive or excessive usage
• Account sharing or security violations
• Non-payment of subscription fees
• Suspected fraudulent or illegal activity
• Any reason deemed necessary to protect the Service or other users

Upon termination, your right to use the Service will immediately cease. We may delete your account data, though we may retain certain information as required by law or for legitimate business purposes.

12. Intellectual Property

• Service Ownership: AgentSpark, including its code, design, features, and branding, is owned by Jeffrey Brown and protected by copyright, trademark, and other intellectual property laws.
• Generated Content: You retain ownership of content you generate using the Service. However, by using the Service, you grant us a license to store, process, and use such content to improve the Service.
• Trademarks: "AgentSpark" and related logos are trademarks of Jeffrey Brown. You may not use them without permission.

13. Third-Party Services

AgentSpark integrates with third-party services, including OpenAI (for AI generation), Tavily (for research), and Stripe (for payments). Your use of the Service is also subject to those providers' terms of service and privacy policies. We are not responsible for the actions, policies, or practices of these third parties.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Service will meet your requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

15. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
• Jurisdiction: You agree that any legal action or proceeding shall be brought exclusively in the courts located in San Luis Obispo County, California.
• Arbitration: Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except where prohibited by law.
• Class Action Waiver: You agree to bring claims against us only in your individual capacity and not as part of any class or representative action.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on the Service
• Updating the "Last Updated" date
• Sending email notification to registered users (for material changes)

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

17. 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, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Jeffrey Brown regarding the Service and supersede all prior agreements and understandings.

19. Contact Information

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