Terms of Service

Last updated: March 29, 2026

These Terms of Service govern your use of SparkSMS, operated by Trenton Markham, a sole proprietor based in Tennessee, United States. By installing or using SparkSMS you agree to these terms.

1. The Service

SparkSMS provides SMS marketing and notification services for Shopify merchants, including order notifications, marketing campaigns, automated flows, and subscriber management tools.

2. Eligibility

You must have a valid Shopify store and be at least 18 years old to use SparkSMS. By using our service you represent that you meet these requirements.

3. SMS Compliance — Your Responsibilities

As a merchant using SparkSMS you are responsible for:

• Obtaining proper written consent from all customers before sending marketing SMS messages
• Including required opt-out language (Reply STOP to unsubscribe) in all messages
• Complying with the Telephone Consumer Protection Act (TCPA) and all applicable federal, state, and local laws
• Only sending messages to customers who have explicitly opted in
• Honoring opt-out requests immediately
• Ensuring message content is lawful and not deceptive
• Complying with carrier guidelines and 10DLC regulations

SparkSMS provides tools to help with compliance but the legal responsibility for your SMS campaigns rests with you as the merchant.

4. Prohibited Uses

You may not use SparkSMS to:

• Send messages to people who have not opted in
• Send spam, phishing, or deceptive messages
• Transmit illegal, harmful, or offensive content
• Violate any applicable laws or regulations
• Circumvent carrier filtering or blocks
• Send messages at unreasonable volumes that constitute abuse
• Resell or sublicense access to the service without authorization

5. Billing and Payment

Paid plans are billed monthly through Shopify's billing system. Your subscription renews automatically until cancelled. Overage charges apply when you exceed your plan's monthly SMS allotment. All charges are in USD. Refunds are not provided for partial months or unused messages.

6. Free Trial

New installations receive a 14-day free trial with full access to all paid features. No credit card is required during the trial. At the end of the trial your account reverts to the Free plan unless you upgrade.

7. Service Availability

We strive for high availability but do not guarantee uninterrupted service. We are not liable for delivery failures caused by carrier issues, network outages, or factors outside our control. SMS delivery rates depend on carrier acceptance and recipient device status.

8. Termination

You may cancel your subscription at any time through your Shopify admin. We reserve the right to suspend or terminate accounts that violate these terms, engage in spam, or abuse the service. Upon termination your data is retained for 90 days before deletion.

9. Intellectual Property

SparkSMS and its original content, features, and functionality are owned by Trenton Markham and protected by intellectual property laws. You retain ownership of your store data and customer data.

10. Limitation of Liability

To the maximum extent permitted by law, SparkSMS shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the service, including but not limited to TCPA violations resulting from your own messaging practices, lost profits, or data loss. Our total liability shall not exceed the amount you paid us in the three months preceding the claim.

11. Indemnification

You agree to indemnify and hold SparkSMS harmless from any claims, damages, or expenses arising from your use of the service, your violation of these terms, your SMS campaigns, or your violation of any third party rights including TCPA violations.

12. Changes to Terms

We may update these terms at any time. Continued use of SparkSMS after changes constitutes acceptance. We will notify you of material changes via email or in-app notification.

13. Governing Law

These terms are governed by the laws of the State of Tennessee, United States. Any disputes shall be resolved in the courts of Tennessee.

14. Contact

Questions about these terms? Contact us at markhamtrenton@gmail.com.