MySpark+ Terms of Service

These Terms of Service govern access to and use of the MySpark+ website at mysparkplus.app and the MySpark+ platform, operated by LitBiz Media, LLC ("LitBiz Media," "we," "our," or "us"). Part 1 applies to everyone who visits this website. Part 2 additionally applies to clinics and businesses that create a MySpark+ account ("Customers").

By accessing this website, submitting information through forms, creating an account, or using MySpark+ services, you agree to these Terms.

Part 1: Website Terms

Website use

The content on this website is provided for informational, educational, and promotional purposes related to the MySpark+ platform. By using this website, you agree to use it only for lawful purposes. You agree not to:

• attempt unauthorized access to any systems or networks associated with the website
• copy, scrape, or extract content from the website without permission
• distribute materials from the website without authorization
• interfere with or disrupt website functionality or services

Intellectual property

All content on this website, including text, graphics, software descriptions, branding, logos, and platform frameworks, is the intellectual property of LitBiz Media, LLC unless otherwise noted. You may not reproduce, distribute, modify, or republish any website content without prior written consent.

Informational content

Information provided on this website is for informational purposes only. Descriptions of software features, automation tools, or marketing strategies are intended to explain how the MySpark+ platform functions. Nothing on this website should be interpreted as legal, medical, financial, or regulatory advice.

Healthcare and regulatory disclaimer

The MySpark+ platform may be used by businesses operating in regulated industries, including healthcare. Nothing on this website should be interpreted as healthcare compliance guidance, legal advice, or medical guidance. Users remain responsible for ensuring their use of the platform and their marketing activities comply with applicable regulations.

SMS communications from MySpark+

By submitting your phone number through this website, requesting information, or interacting with MySpark+ services, you consent to receive communications from MySpark+ or LitBiz Media, LLC. Communications may include service notifications, account related messages, product updates, platform announcements, and marketing communications. Messages may be delivered through email, phone, or SMS. Message frequency may vary and message and data rates may apply.

You may opt out of marketing messages at any time by replying STOP to SMS messages or following unsubscribe instructions. Consent to receive SMS messages is not required as a condition of purchasing services. MySpark+ does not sell or share mobile phone numbers with third parties for marketing purposes.

Third party platforms

The website may integrate with or link to third party platforms including analytics tools, embedded services, payment providers, or messaging infrastructure. MySpark+ is not responsible for the privacy practices, policies, or functionality of third party services.

Part 2: Platform Terms

This Part applies when you create a MySpark+ account or subscribe to a plan.

Accounts

You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity under your account and the accounts of staff you invite. Notify us promptly of any suspected unauthorized access. We recommend enabling two-factor authentication, and we require it for administrator accounts.

Subscriptions, billing, and renewal

• MySpark+ is sold as a subscription with published tiers at mysparkplus.app/pricing. Monthly plans renew each month; annual plans are billed as ten months for twelve and renew each year. Subscriptions renew automatically until cancelled.
• You authorize us to charge your payment method on file for subscription fees, prepaid top-up packs you purchase, and usage-based overage described below.
• If a renewal payment fails, we retry the charge over the following days. If payment cannot be collected, your account may be suspended until the balance is resolved.
• We may change plan pricing or allotments with at least 30 days notice; changes take effect at your next renewal.
• Fees are exclusive of any applicable taxes, which are your responsibility.
• Cancellation takes effect at the end of the current billing period. You keep access until then.

30-day money-back guarantee

If MySpark+ is not working for your clinic, tell us within 30 days of your initial purchase and we will refund the subscription fees you have paid, in full. The guarantee applies once per Customer, to your first subscription purchase. It does not cover consumed prepaid top-up packs or third party payment processing fees charged on your own patient transactions, which belong to your payment processor. To claim, contact hello@litbiz.io from your account email.

Usage allotments, top-ups, and overage

• Each tier includes monthly allotments of email, SMS, voice minutes, and (on Practice and above) telehealth visit minutes, published on the pricing page. Allotments reset each billing cycle and unused amounts do not roll over.
• Prepaid top-up packs add sending capacity to your account. Pack purchases are non-refundable once consumed.
• Automated transactional patient messages, such as appointment reminders and confirmations, are never blocked at your allotment. If your account passes its allotment, these messages continue to send, and usage beyond the included allotment and grace buffer is billed as overage at our published per-unit rates. Staff-composed and marketing sends stop at the cap instead, and can be resumed with a top-up.
• We may adjust allotments, grace buffers, and overage rates with notice as described above.

Your data

• You own your data. Patient records, contacts, appointment history, clinical notes, files, and other content you or your patients submit to the platform ("Customer Data") belong to you.
• You grant us a limited license to host, process, transmit, and display Customer Data solely to provide, secure, and support the service.
• We access Customer Data only to operate the service, to provide support you request, and as required by law. We do not sell Customer Data and we do not use patient contact information to market to your patients.
• Before or upon cancellation you may export your data, including a complete patient record export from within the platform. Following account closure, Customer Data is deleted in accordance with our retention practices, except records we are required to retain by law.

HIPAA and the Business Associate Agreement

Every plan tier includes execution of a Business Associate Agreement (BAA) as part of onboarding. Where you are a covered entity and a BAA is in place, the BAA governs our handling of protected health information and controls over these Terms in the event of a conflict. You are responsible for executing the BAA before placing protected health information in the platform.

Acceptable use of the platform

You are the sender of record for messages sent to your patients and contacts through MySpark+. You agree to:

• obtain and maintain any consent required to contact the people in your account, including for imported contact lists, and honor opt-out requests (the platform enforces SMS STOP automatically, but the underlying obligation is yours)
• comply with applicable communication laws, including the TCPA and CAN-SPAM, and carrier messaging policies
• not use the platform to send spam, deceptive content, or unlawful content, or to harass any person
• not resell access to the platform except under a written agency arrangement with us

We may suspend sending capability or the account itself where use threatens platform deliverability, carrier standing, security, or other customers, or where use violates these Terms. Where practical we will notify you and work to resolve the issue first.

Payment processing for your patients

Charges you run against your patients are processed by your connected payment processor (Square or Authorize.net) under your agreement with that processor. Card details are stored with the processor, not with MySpark+. We are not a party to transactions between you and your patients, and processor fees, chargebacks, and disputes are governed by your processor agreement.

Service changes and availability

The platform is provided on an "as is" and "as available" basis. We ship improvements continuously and features may change, provided that material reductions in core functionality will be communicated with notice. We do not warrant that the service will be uninterrupted or error free, and we disclaim all implied warranties to the fullest extent permitted by law.

Termination

You may cancel at any time, effective at the end of the current billing period. We may terminate or suspend the account for material breach of these Terms, for non-payment, or where required by law. Sections of these Terms that by their nature should survive termination (including Your Data, Limitation of Liability, and Governing Law) survive.

Indemnification

You agree to indemnify and hold harmless LitBiz Media, LLC from claims arising out of Customer Data, your messaging content and consent practices, your transactions with your patients, or your breach of these Terms.

Limitation of liability

To the fullest extent permitted by law, LitBiz Media, LLC shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from use of the website or the platform. Our total aggregate liability arising out of or relating to the service is limited to the fees you paid to us in the twelve months preceding the event giving rise to the claim. Nothing in these Terms limits obligations under an executed BAA to the extent required by law.

Governing law

These Terms are governed by the laws of the State of Indiana. Any disputes arising from the use of the website or the platform shall be resolved in courts located within Indiana.

Changes to these Terms

We may update these Terms periodically. Material changes affecting active subscriptions will be communicated by email or in-app notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

Contact

LitBiz Media, LLC
hello@litbiz.io