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Terms of Service

Agreement to Terms

Welcome to Sparkwell. These Terms of Service (“Terms”) govern your access to and use of Sparkwell's AI-powered practice growth platform and all related services (the “Services”) provided by Sparkwell Inc. (“Sparkwell,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

Eligibility: The Services are exclusively for licensed financial advisors and related financial professionals in Canada. You must be at least the age of majority in your province or territory.

Important Disclaimers

The Services are business coaching and training tools, NOT compliance or regulatory advice. You remain solely responsible for ensuring your communications and practices comply with all applicable regulations.

The Services are NOT a substitute for professional advice. You should consult with qualified professionals (compliance officers, lawyers, accountants) for specific regulatory, legal, or financial advice.

Account Registration and Security

To use the Services, you must create an account and:

  • Provide accurate, current, and complete professional information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Not share your account access with others
  • Notify us immediately of any unauthorized access
  • Be responsible for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or remain inactive for extended periods.

Subscription Plans and Billing

Sparkwell offers Pro and Elite subscription tiers with monthly and annual billing options. Features and pricing are described on our platform.

Founders Club Pricing

Limited-time Founders Club pricing is available for early adopters. Founders rates are locked in for the duration of your continuous subscription. If you cancel and later re-subscribe, standard pricing applies.

Payment Terms

  • All fees are in Canadian dollars (CAD) unless otherwise stated
  • Subscriptions automatically renew unless cancelled before the renewal date
  • You authorize us to charge your payment method on file for recurring fees
  • We may change fees with at least 30 days' advance notice
  • All fees are non-refundable except as required by law
  • You are responsible for all applicable federal, provincial, and local taxes

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Services until that date.

Your Content and Data

You retain ownership of all content you create or provide through the Services (“Your Content”).

License You Grant Us

By using the Services, you grant Sparkwell a non-exclusive, royalty-free, worldwide license to use, store, process, and analyze Your Content solely to:

  • Provide and operate the Services
  • Improve our platform using aggregated, de-identified data
  • Train our AI models on anonymized data to enhance service quality for all users

Your Responsibilities

You represent and warrant that:

  • You own or have the right to use all Your Content
  • Your Content does not violate any laws, regulations, or third-party rights
  • Your Content does not contain confidential client information
  • You will not input actual client names or identifying information into the Services

Acceptable Use

You agree NOT to:

  • Use the Services for any unlawful purpose or in violation of CIRO regulations
  • Share your account access with others or allow multiple users on a single license
  • Record or distribute content from the Services to third parties
  • Reverse engineer, decompile, or attempt to extract source code from the Services
  • Use automated tools (bots, scrapers) to access the Services
  • Interfere with or disrupt the Services or servers
  • Attempt unauthorized access to any part of the Services
  • Remove or alter copyright, trademark, or proprietary notices
  • Use the Services in a way that could harm Sparkwell or other users
  • Input actual client personal information into the Services

Intellectual Property Rights

The Services, including all software, AI models, content, and materials provided by Sparkwell, are owned by Sparkwell or our licensors and protected by Canadian and international intellectual property laws.

“Sparkwell” and related trademarks are the property of Sparkwell Inc. You may not use these marks without our prior written permission.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your professional development. All rights not expressly granted are reserved by Sparkwell.

Privacy and Data Protection

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and protect your information.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

OUR SERVICES USE AI TECHNOLOGY, NOT HUMAN ADVISORS. AI-generated content and recommendations should be evaluated critically and adapted to your specific circumstances.

Limitation of Liability

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR CAD $500, WHICHEVER IS GREATER.

Dispute Resolution and Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You agree to waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration.

Geographic Limitations

The Services are currently available to financial professionals in Canada, excluding Quebec. We reserve the right to limit availability to specific geographic regions.

Contact Us

If you have questions about these Terms, please contact us through the platform or use the contact form on our website.

Sparkwell Inc.
Serving Canadian Financial Advisors