These Terms of Service ("Terms") govern your access to and use of GoGetSpark, available at gogetspark.app, and any related software, applications, integrations, artificial intelligence features, tools, APIs, and services that link to these Terms (collectively, the "Services").
GoGetSpark is a brand operated by Letisan America Inc., a Florida corporation with a business address at 1680 Michigan Ave, Suite 700 #100, Miami Beach, FL 33139, United States.
In these Terms, "GoGetSpark," "Company," "we," "us," and "our" refer to Letisan America Inc.
By accessing or using the Services, you agree to these Terms and our Privacy Policy.
If you are using GoGetSpark on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. In that case, "you" and "Customer" refer to that organization.
If you do not agree to these Terms, do not use the Services.
The Services are intended primarily for business and professional users. You must be at least 18 years old to create or manage an account.
1. GoGetSpark Services
GoGetSpark is an artificial-intelligence-assisted marketing software platform designed to help businesses plan, create, review, organize, and manage marketing content and related activities.
Depending on the modules and features available to your account, the Services may include functionality relating to:
- social-media content strategy and planning;
- AI-assisted creation of captions, copy, images, and other marketing content;
- content review and approval;
- content calendars;
- connection to third-party social-media accounts;
- publishing or scheduling approved content;
- product and brand information management;
- email-marketing planning and content generation;
- analytics;
- integrations with third-party artificial intelligence services;
- external AI assistants and connectors;
- and other marketing tools that we may introduce from time to time.
Not every feature described above is necessarily available to every account, subscription, beta user, or geographic region.
We may add, modify, limit, suspend, or discontinue features as the Services evolve.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your internal business purposes.
2. Accounts and Account Security
Certain portions of the Services require an account.
You agree to provide accurate and current information and to keep your login credentials secure.
You are responsible for activity occurring through your account, including activity by employees, contractors, administrators, or other users whom you authorize to access your workspace.
You must promptly notify us if you believe that:
- your account has been compromised;
- your login credentials have been stolen;
- an unauthorized person has accessed your account; or
- one of your connected third-party accounts has been compromised.
You may not transfer your account to another person or organization without our consent.
We may suspend access where we reasonably believe an account poses a security risk.
3. Business Accounts, Stores and Team Members
GoGetSpark may allow a Customer to operate one or more workspaces, stores, brands, or business profiles.
The Customer is responsible for determining who may access its account and what authority those users have.
If you add other users to your GoGetSpark account, you are responsible for their use of the Services.
A user's access to one Customer's workspace does not give that user rights to another Customer's workspace.
4. Artificial Intelligence
4.1 AI-assisted functionality
GoGetSpark uses artificial intelligence and may use third-party artificial intelligence models and service providers to help generate, analyze, transform, organize, or recommend marketing content.
AI output may include, among other things:
- marketing ideas;
- strategies;
- captions;
- headlines;
- email content;
- product descriptions;
- images;
- suggested schedules;
- recommendations;
- analyses; and
- other generated or transformed content.
AI systems are probabilistic and may produce incorrect, incomplete, inappropriate, repetitive, outdated, or unexpected results.
4.2 Human review is required
GoGetSpark is intended to assist your marketing work, not replace your judgment.
You are responsible for reviewing AI-generated content before using, approving, publishing, distributing, or relying on it.
Where GoGetSpark provides an approval workflow, your approval of content confirms that you have reviewed the content and authorize its intended use.
You are responsible for ensuring that approved content:
- is accurate;
- is appropriate for your business;
- complies with applicable advertising and marketing laws;
- complies with the policies of the destination platform;
- does not infringe third-party rights; and
- contains any disclosures legally required for advertising, endorsements, artificial intelligence, promotions, or other regulated communications.
4.3 No guarantee regarding AI output
We do not guarantee that AI-generated output:
- is accurate;
- is unique;
- is complete;
- will produce any specific business result;
- will be eligible for copyright or other intellectual-property protection;
- will not resemble content generated for another user; or
- will be free from third-party intellectual-property claims.
You should independently verify important factual claims before publication.
4.4 Your use of AI content
Except for rights belonging to third parties and subject to applicable law, GoGetSpark does not claim ownership of AI output generated specifically for your account merely because the output was generated using the Services.
You may use generated output for your business subject to these Terms and applicable law.
Nothing in these Terms guarantees that any AI-generated material is legally capable of being owned or protected by intellectual-property rights.
5. Your Content and Business Data
You retain ownership of content and business materials that you submit to the Services, including where applicable:
- logos;
- product information;
- photographs;
- marketing materials;
- text;
- product catalogs;
- brand information;
- uploaded files;
- instructions;
- prompts; and
- other materials supplied by you ("Customer Content").
You grant us a non-exclusive, worldwide license to host, store, copy, process, transmit, display, transform, and otherwise use Customer Content only as reasonably necessary to:
- provide the Services;
- generate requested content;
- operate integrations;
- secure and maintain the Services;
- troubleshoot problems;
- provide support; and
- perform other activities described in our Privacy Policy.
You represent that you have all rights and permissions necessary for us to process Customer Content as contemplated by these Terms.
6. Connected Third-Party Accounts
GoGetSpark may allow you to connect third-party services, including social-media platforms, ecommerce services, artificial-intelligence services, or other external applications.
Examples may include services operated by companies such as Meta, Instagram, Facebook, Shopify, OpenAI, Anthropic, or other providers.
Connecting a third-party account authorizes GoGetSpark to access that account to the extent permitted by:
- the permissions you grant;
- the relevant third-party API;
- your GoGetSpark configuration; and
- these Terms.
Your relationship with each third-party provider remains governed by that provider's own terms and policies.
GoGetSpark does not control third-party platforms and is not responsible for:
- API changes;
- platform outages;
- permission changes;
- account suspensions;
- rate limits;
- policy changes;
- discontinued functionality;
- or other actions taken by third-party providers.
We may modify or discontinue an integration where a third-party platform changes or removes functionality.
7. Social Media Publishing
Where publishing functionality is available, GoGetSpark may publish content to social-media accounts that you have connected and authorized.
GoGetSpark will only have the permissions granted through the relevant provider's authorization process.
You are responsible for ensuring that:
- you are authorized to control the connected account;
- content complies with the platform's terms and policies;
- you have rights to all images, text, trademarks, music, video, likenesses, and other materials used;
- advertisements and endorsements contain legally required disclosures; and
- content does not violate applicable law.
Where GoGetSpark requires approval before publishing, your approval constitutes your authorization for GoGetSpark to process and publish that content according to the selected settings.
You may disconnect supported third-party accounts through the Services where that functionality is available.
8. Third-Party AI and External Assistants
GoGetSpark may allow you to connect or interact with external AI assistants or services.
These integrations may allow an authorized external assistant to read limited GoGetSpark business information or submit authorized drafts or instructions.
External AI providers remain independent third parties and may have separate terms, privacy policies, and data-processing practices.
You are responsible for deciding whether to connect such services and for complying with their terms.
GoGetSpark may restrict external integrations from performing sensitive actions such as approving, publishing, sending, deleting, or changing account permissions.
9. Customer Responsibilities
You represent and warrant that:
- information you provide is accurate;
- you have authority to use the Services on behalf of your organization;
- you have appropriate rights to Customer Content;
- your use of GoGetSpark complies with applicable laws;
- you will review generated content before publication;
- you will comply with the policies of connected platforms; and
- you will not use the Services for fraudulent, unlawful, deceptive, abusive, or harmful purposes.
You remain responsible for your marketing communications and business decisions.
10. Prohibited Uses
You may not use the Services to:
- violate applicable law;
- infringe intellectual-property, privacy, publicity, or other rights;
- impersonate another person or organization;
- distribute malware or harmful code;
- attempt unauthorized access to another user's account or data;
- bypass authentication, authorization, rate limits, or security controls;
- scrape or systematically extract GoGetSpark data without authorization;
- interfere with the operation or security of the Services;
- reverse engineer the Services except where such restriction is prohibited by law;
- use GoGetSpark to create or operate a competing service by copying protected functionality, interfaces, proprietary materials, or data;
- use the Services to distribute unlawful spam;
- use connected accounts without authorization;
- use AI functionality to create unlawful impersonation, fraud, deceptive deepfakes, or other prohibited content;
- upload material you do not have the right to use; or
- resell access to GoGetSpark unless we have expressly authorized you to do so.
We may suspend or terminate accounts that violate these restrictions.
11. Intellectual Property
GoGetSpark and its underlying software, interfaces, databases, designs, branding, trademarks, logos, documentation, workflows, and proprietary technology are owned by or licensed to Letisan America Inc.
These Terms do not transfer ownership of GoGetSpark intellectual property to you.
Except for the limited right to use the Services under these Terms, no license is granted to our intellectual property.
GoGetSpark and associated branding may not be used without our permission except as permitted by applicable law.
12. Feedback
If you voluntarily provide ideas, feature requests, comments, suggestions, or other feedback about GoGetSpark, you authorize us to use that feedback to operate, improve, and develop the Services without restriction or compensation.
This does not give us ownership of your Customer Content.
13. Beta and Pre-Release Features
From time to time, we may make experimental, preview, beta, early-access, or pre-release functionality available.
Such features may:
- contain bugs;
- change substantially;
- be incomplete;
- operate differently from final features; or
- be discontinued without notice.
Beta features are provided "as is" and should not be relied upon for critical business functions unless we expressly state otherwise.
14. Purchases, Subscriptions and Trials
Some Services may be offered free of charge, as a trial, in private beta, or as part of a paid subscription.
Where a paid plan is offered, pricing, billing period, included functionality, usage limits, and renewal terms will be shown when you subscribe.
If you purchase an automatically renewing subscription, you authorize us and our payment processor to charge the applicable fees and taxes at each renewal until cancellation.
Unless otherwise stated at purchase:
- subscription charges are billed in advance;
- subscriptions automatically renew for the applicable billing period;
- cancellation prevents future renewal but does not normally result in a refund for the current billing period; and
- applicable taxes may be added to displayed prices.
We may use a third-party payment processor. We do not necessarily receive or store your complete payment-card information.
We may change pricing or subscription features prospectively. Material changes affecting an existing paid subscription will be communicated in advance where reasonably required.
15. Free Trials and Promotional Access
We may offer free trials, promotional access, testing accounts, or other limited access at our discretion.
Trials may be subject to:
- time limits;
- feature limits;
- usage limits;
- eligibility requirements; and
- one trial per Customer or organization.
We may modify or terminate trial or promotional access at any time where permitted by law.
Trial access does not guarantee future availability of a feature or paid plan.
16. Cancellation
Where self-service cancellation is available, you may cancel through your account settings.
Otherwise, you may contact us using the contact information provided below.
Cancellation of a paid subscription ordinarily becomes effective at the end of the current billing period unless otherwise stated when you purchase.
Disconnecting a third-party integration does not necessarily cancel your GoGetSpark subscription.
17. Privacy
Our collection and use of personal information is described in the GoGetSpark Privacy Policy.
Where we process personal information on behalf of a business Customer, additional data-processing terms may apply.
Customers are responsible for determining whether their use of GoGetSpark requires:
- a data processing agreement;
- customer-facing privacy disclosures;
- consent;
- contractual provisions; or
- other compliance measures.
18. Security
We use reasonable administrative, technical, and organizational safeguards designed to protect the Services and Customer information.
However, no internet service, cloud system, database, or authentication system can be guaranteed to be completely secure.
You are responsible for maintaining appropriate security over:
- your GoGetSpark credentials;
- your employees' access;
- your connected social-media accounts;
- your third-party integrations; and
- devices used to access the Services.
19. Copyright and Intellectual-Property Complaints
If you believe content accessible through GoGetSpark infringes intellectual-property rights you own or control, contact us with sufficient information to identify:
- the protected work;
- the allegedly infringing material;
- your contact information; and
- the basis of your claim.
We may remove or restrict access to material where appropriate.
20. Suspension and Termination
These Terms remain effective while you use the Services.
We may suspend or terminate access where reasonably necessary because of:
- violation of these Terms;
- unlawful activity;
- security risk;
- abuse of the Services;
- nonpayment of applicable fees;
- infringement of third-party rights;
- misuse of connected platforms;
- or circumstances that create legal or operational risk for GoGetSpark or its users.
Where reasonably appropriate, we may provide an opportunity to correct a violation before termination.
You may stop using the Services at any time.
Following termination, access to Customer Content may be limited or removed in accordance with our Privacy Policy and applicable retention obligations.
21. Service Availability and Changes
GoGetSpark is continuously evolving.
We do not guarantee that the Services will always be available without interruption, delay, or error.
The Services may be temporarily unavailable because of:
- maintenance;
- infrastructure failures;
- third-party platform outages;
- API limitations;
- security incidents;
- provider changes;
- or circumstances beyond our reasonable control.
We may modify, replace, or discontinue portions of the Services.
22. No Guarantee of Marketing Results
GoGetSpark provides tools and recommendations designed to assist marketing activities.
We do not guarantee:
- engagement;
- followers;
- reach;
- conversions;
- revenue;
- return on advertising spend;
- search rankings;
- deliverability;
- sales;
- audience growth; or
- any other business result.
Marketing performance depends on numerous factors outside our control.
23. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES THAT MAY OTHERWISE ARISE BY LAW.
WE DO NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
- AI OUTPUT WILL BE ACCURATE OR UNIQUE;
- THIRD-PARTY INTEGRATIONS WILL REMAIN AVAILABLE;
- CUSTOMER CONTENT WILL PRODUCE PARTICULAR RESULTS; OR
- THE SERVICES WILL MEET EVERY CUSTOMER REQUIREMENT.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
24. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LETISAN AMERICA INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR REPUTATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO GOGETSPARK DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
IF YOU HAVE PAID NO FEES DURING THAT PERIOD, OUR AGGREGATE LIABILITY WILL NOT EXCEED US$100.
These limitations do not apply where liability cannot legally be excluded or limited.
25. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Letisan America Inc. and its affiliates, officers, directors, employees, contractors, and agents from claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys' fees arising from or relating to:
- Customer Content;
- your use of the Services;
- your connected third-party accounts;
- content you approve or publish;
- violation of these Terms;
- violation of applicable law;
- infringement of third-party rights; or
- unauthorized use of the Services by persons accessing them through your account.
We may assume control of the defense of a matter subject to indemnification, and you agree to reasonably cooperate.
26. Third-Party Services
The Services may contain links to or integrations with third-party websites, software, APIs, platforms, or services.
GoGetSpark does not control those third parties and does not warrant their availability, security, accuracy, policies, or conduct.
Your use of third-party services is subject to your agreement with the relevant provider.
27. Electronic Communications
By using GoGetSpark, you agree that we may provide notices and communications electronically, including by:
- email;
- in-product notification; or
- posting within the Services.
Electronic communications satisfy any legal requirement that communications be in writing where permitted by law.
28. Changes to These Terms
We may update these Terms as the Services evolve or as legal, regulatory, security, or operational requirements change.
When changes are material, we may provide notice through the Services, by email, or by another reasonable method.
The updated Terms will state their effective or "last updated" date.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms where permitted by law.
29. Governing Law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-law principles.
To the extent a dispute is permitted to be resolved in court, you and Letisan America Inc. consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and waive objections to venue in those courts.
Nothing in this section limits rights or remedies that cannot lawfully be waived.
30. Miscellaneous
These Terms, together with the Privacy Policy and any applicable order, subscription terms, or separately executed agreement, constitute the agreement between you and GoGetSpark regarding the Services.
Our failure to enforce a provision of these Terms is not a waiver.
If any provision is held invalid or unenforceable, the remaining provisions remain effective.
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer of the GoGetSpark business.
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, or agency relationship between you and GoGetSpark.
Neither party is responsible for failure or delay caused by events beyond its reasonable control.
31. Contact Us
GoGetSpark is a brand operated by Letisan America Inc., a Florida corporation with a business address at 1680 Michigan Ave, Suite 700 #100, Miami Beach, FL 33139, United States.
Website: gogetspark.app
For privacy-related requests, please use the contact information provided in our Privacy Policy.