Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Sea Caitlin McCall LLC, doing business as LocalSpark ("LocalSpark," "we," "us," or "our"), regarding your use of the LocalSpark platform and related services (collectively, the "Service").

By registering for an account, accessing the Service, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Description of Service

LocalSpark is a subscription-based software platform that helps local service businesses create and launch digital advertising campaigns. The Service includes:

• AI-powered video script generation (3 script options per campaign)
• Video ad editing and branded content production (3 video versions per campaign)
• Automated Facebook and Instagram ad campaign setup and launch via Meta's Marketing API
• Campaign performance analytics and reporting dashboard
• Google Business Profile and Yelp review management (available as an add-on)

LocalSpark is provided on an "as-is" basis. We reserve the right to modify, update, or discontinue features of the Service at any time with reasonable notice to users.

Eligibility

To use LocalSpark, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts on behalf of yourself or your business
• Operate a legitimate, legally registered business
• Have a valid Facebook Business Manager account and associated Facebook Page
• Comply with Meta's Terms of Service and Advertising Policies
• Not be located in a country subject to U.S. government embargo

LocalSpark is intended for use by businesses, not individual consumers. By using the Service, you represent that you are acting on behalf of a legitimate business entity.

Accounts & Access

Account Registration

You must create an account to use the Service. You agree to provide accurate, complete, and current information during registration and to update it as needed. You are responsible for maintaining the confidentiality of your login credentials.

Account Security

You are solely responsible for all activity that occurs under your account. Notify us immediately at hello@localsparkhq.com if you suspect unauthorized access. We are not liable for losses arising from unauthorized use of your account.

One Account Per Business

Each subscription covers one business entity and one connected Meta Ad Account. Additional businesses require separate subscriptions (or an Agency plan).

Subscriptions & Billing

Subscription Plans

LocalSpark offers monthly subscription plans. Current pricing is displayed on our Pricing page. Prices are subject to change with 30 days' written notice to existing subscribers.

Billing & Payment

• Subscriptions are billed monthly in advance on the same date each month
• Payment is processed securely by Stripe. We do not store your credit card information
• Your subscription renews automatically each month unless you cancel
• All fees are in U.S. dollars and are non-refundable except as stated below

Cancellation

You may cancel your subscription at any time from your account Settings page. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of the paid period. No partial refunds are provided for unused time.

Refund Policy

If you experience a verified technical failure that prevents use of a core feature for more than 72 consecutive hours and our support team is unable to resolve it, you may be eligible for a prorated credit or refund. All refund requests must be submitted within 30 days of the billing date to hello@localsparkhq.com.

Ad Spend

LocalSpark subscription fees do not include your Facebook/Instagram advertising budget. Ad spend is billed directly to your Meta Ad Account by Meta Platforms, Inc. You are solely responsible for your ad budget and any charges incurred on your Meta account.

Acceptable Use

You agree to use LocalSpark only for lawful purposes and in accordance with these Terms. You may not use the Service to:

• Promote illegal products, services, or activities
• Create or publish ads that violate Meta's Advertising Policies or Community Standards
• Promote discriminatory, hateful, or misleading content
• Infringe on the intellectual property rights of any third party
• Upload content containing viruses, malware, or harmful code
• Attempt to reverse engineer, scrape, or exploit any part of the Service
• Share your account credentials with third parties not authorized to use your account
• Use the Service in any way that could damage, disable, or impair it

Violation of these terms may result in immediate account suspension or termination without refund.

Your Content

Ownership

You retain full ownership of all content you upload to LocalSpark, including photos, videos, logos, and brand assets ("Your Content"). By uploading content, you grant LocalSpark a limited, non-exclusive license to use, process, and transmit Your Content solely for the purpose of providing the Service to you.

Your Responsibility

You are solely responsible for ensuring that Your Content:

• Does not infringe on copyrights, trademarks, or other intellectual property rights
• Does not contain images or likenesses of individuals who have not consented
• Complies with all applicable laws and Meta's advertising policies
• Accurately represents your business and its offerings

AI-Generated Content

Scripts, ad copy, and creative variations generated by LocalSpark's AI tools are provided for your use in advertising. You are responsible for reviewing and approving all AI-generated content before it is published. LocalSpark does not guarantee that AI-generated content will be approved by Meta or will achieve specific advertising results.

Meta Platform Compliance

By connecting your Meta Business account to LocalSpark, you:

• Authorize LocalSpark to access your Meta Ad Account on your behalf using the permissions described in our Privacy Policy
• Confirm that you are an authorized administrator of the connected Facebook Business Manager account
• Accept that you remain solely responsible for all ad content, targeting, and spend on your Meta account
• Agree to comply with Meta's Terms of Service, Advertising Policies, and any other applicable Meta platform policies

LocalSpark is not responsible for ad rejections, account suspensions, or other actions taken by Meta on your account. If Meta suspends or restricts your ad account, LocalSpark's ability to serve you will be limited, but subscription fees will continue to apply unless you cancel.

Intellectual Property

LocalSpark's Property

The LocalSpark platform, including its software, design, branding, templates, workflows, and all related materials, are owned by Sea Caitlin McCall LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or create derivative works of any part of the Service without our express written permission.

Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant LocalSpark a royalty-free, worldwide, irrevocable license to use that Feedback without restriction or compensation to you.

Disclaimers

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

Specifically, LocalSpark does not warrant that:

• The Service will be uninterrupted, error-free, or available at all times
• AI-generated scripts or ad creative will achieve specific performance outcomes
• Ads created through the platform will be approved by Meta
• The Service will generate specific numbers of leads, calls, or revenue for your business
• The platform will be compatible with all devices, browsers, or third-party services

Advertising results depend on many factors outside our control, including your budget, industry, market conditions, and ad creative quality.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEA CAITLIN McCALL LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO LOCALSPARK IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages, so some of the above limitations may not apply to you.

Termination

Termination by You

You may cancel your account at any time via your Settings page. Upon cancellation, your access will continue until the end of the current billing period, after which your account and data will be scheduled for deletion per our Data Retention Policy.

Termination by LocalSpark

We may suspend or terminate your account immediately, without notice or refund, if:

• You violate these Terms or our Acceptable Use Policy
• Your account is used for fraudulent or illegal purposes
• Your continued use poses a risk to the security of the platform or other users
• You fail to pay applicable subscription fees

Effect of Termination

Upon termination, your right to access the Service ceases immediately. Published ads on Meta will remain active until you pause or delete them directly in Meta Ads Manager. LocalSpark will not automatically delete published ads upon account termination.

Governing Law & Disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under or related to these Terms shall be resolved exclusively in the state or federal courts located in Palm Beach County, Florida.

Before initiating any legal action, you agree to first attempt to resolve any dispute informally by contacting us at hello@localsparkhq.com. We will make a good faith effort to resolve the dispute within 30 days.

If you are a consumer located outside the United States, you may also have rights under the laws of your country of residence that cannot be excluded by these Terms.

Contact Us

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