Terms of Service

Last updated: May 2026

1. Acceptance of Terms

By accessing or using PipeSpark AI ("Service," "we," "us"), you ("Contractor," "you") agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These Terms constitute a binding legal agreement between you and PipeSpark AI.

No Legal Advice: Nothing in these Terms constitutes legal advice. You are responsible for consulting your own legal counsel regarding your compliance obligations, including under the TCPA and applicable state laws.

2. Service Description

PipeSpark AI is a software platform that enables home service contractors to automatically follow up with missed callers via SMS, qualify inbound leads using AI, and receive real-time alerts when high-priority leads arrive. The Service operates by routing missed calls through Twilio-provided phone numbers and sending automated text messages on behalf of the Contractor.

PipeSpark AI is a technology platform provider only. We are not a telecommunications carrier, marketing agency, or party to any communication between Contractors and their customers. The Contractor is the sender of record for all messages delivered through the Service.

3. Eligibility and Account

  • You must be a business entity or sole proprietor operating lawfully in the United States.
  • You must be at least 18 years of age.
  • You are responsible for maintaining the confidentiality of your dashboard credentials and portal access tokens.
  • You are responsible for all activity that occurs under your account.
  • You may not share or transfer your account credentials to any third party.

4. TCPA Compliance — Your Responsibility

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and related FCC regulations govern automated SMS communications. You, the Contractor, are solely and exclusively responsible for compliance with the TCPA, CAN-SPAM Act, and all applicable federal, state, and local laws governing automated communications with your customers.

Implied Consent Limitation:

The Service sends automated SMS messages in response to missed calls based on a theory of implied consent (the caller initiated contact with your business). This theory is recognized in industry practice but has not been definitively ratified by the FCC as equivalent to "prior express written consent" under the TCPA. You acknowledge this legal ambiguity and accept all risk arising from messages sent on this implied consent basis. For maximum legal protection, you should collect written consent whenever feasible.

Your obligations include, but are not limited to:

  • Ensuring that automated SMS messages are sent only to individuals who have provided appropriate consent, and maintaining records of that consent.
  • Honoring all opt-out requests immediately, permanently, and across all contact channels.
  • Maintaining your own Do Not Contact list and not using the Service to contact any individual on that list.
  • Not contacting numbers on the National Do Not Call Registry where prohibited.
  • Ensuring your use of conditional call forwarding complies with your carrier's terms of service.
  • Not sending more messages than are necessary and proportionate to the customer's inquiry.

PipeSpark AI includes an opt-out handler that processes STOP replies automatically. However, PipeSpark AI makes no representation that use of the Service automatically renders your communications TCPA-compliant. TCPA violations carry statutory damages of $500–$1,500 per message. You are responsible for consulting your own legal counsel regarding your specific compliance obligations.

5. Acceptable Use

You agree not to use the Service to:

  • Send unsolicited, harassing, threatening, or deceptive messages.
  • Violate any applicable law or regulation, including the TCPA, CAN-SPAM Act, or state privacy laws.
  • Contact individuals who have previously opted out or requested no further contact.
  • Transmit false, misleading, or deceptive content, including impersonating a human in an automated message.
  • Resell, sublicense, or white-label the Service to third parties without prior written consent.
  • Reverse engineer, decompile, or attempt to extract source code from the Service.
  • Interfere with or disrupt the Service's infrastructure, security, or integrity.
  • Use the Service for any purpose other than legitimate business follow-up with customers of your own contracting business.

6. No Warranty — Deliverability and Lead Quality

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SMS message delivery depends on third-party carriers and Twilio's infrastructure. PipeSpark AI does not guarantee that any message will be delivered, that any lead will be qualified correctly, or that any contact will result in a booked job or recovered revenue. AI-generated lead scores and summaries are informational tools only — they are not guarantees of lead quality, customer intent, or conversion likelihood. You should independently verify any AI-generated information before acting on it.

We do not guarantee uninterrupted or error-free operation of the Service. Scheduled maintenance and unforeseen outages may occur.

7. Confidentiality

Each party agrees to keep the other's non-public business information confidential and not to disclose it to third parties except as required to provide or receive the Service, or as required by law. PipeSpark AI will not disclose your customer lead data to other contractors or third parties except as described in our Privacy Policy.

8. Payment and Subscription

Subscription fees are billed monthly as agreed at the time of signup. Fees are non-refundable except as required by law. PipeSpark AI reserves the right to change pricing with 30 days' written notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

If payment fails, PipeSpark AI may suspend access to the Service until payment is received. Past-due amounts accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIPESPARK AI'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE CLAIM.

IN NO EVENT SHALL PIPESPARK AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — AND EVEN IF PIPESPARK AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify, defend (with counsel acceptable to us), and hold harmless PipeSpark AI and its owners, officers, employees, contractors, and agents from and against any and all claims, damages, losses, fines, penalties, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

  • Your violation of these Terms or any applicable law, including the TCPA and state equivalents.
  • Your use or misuse of the Service, including sending messages without adequate consent.
  • Any claim by your customers or end users arising from messages sent through the Service.
  • Any third-party claim arising from your business operations or content.
  • Your failure to honor opt-out requests or maintain a Do Not Contact list.

PipeSpark AI reserves the right to assume exclusive control of the defense of any matter subject to indemnification. You agree to cooperate with our defense of such claims and not to settle any claim without our prior written consent.

11. Third-Party Services

The Service relies on third-party providers including Twilio (SMS infrastructure), OpenAI (AI processing), Supabase (data storage), and Vercel (hosting). Your use of the Service is also subject to the terms and policies of these providers. PipeSpark AI is not responsible for the performance, downtime, data practices, or terms changes of these third-party services. Disruptions to third-party services may affect the Service without liability to PipeSpark AI.

12. Intellectual Property

PipeSpark AI retains all rights, title, and interest in and to the platform, software, algorithms, brand, and all proprietary content. You retain ownership of your customer data. You grant PipeSpark AI a limited, non-exclusive, royalty-free license to process your customer data solely for the purpose of providing the Service to you.

You may not use our name, logo, or trademarks without prior written permission.

13. Termination

Either party may terminate the Service with 30 days' written notice. PipeSpark AI may immediately suspend or terminate your access without notice if you: (a) violate these Terms; (b) engage in prohibited conduct; (c) fail to pay fees when due; (d) become the subject of a TCPA complaint or regulatory investigation related to your use of the Service; or (e) take any action that exposes PipeSpark AI to legal liability.

Upon termination, your right to use the Service ceases immediately. Your data will be retained for 90 days following termination and then permanently deleted, unless we are required by law to retain it longer. Opt-out records are retained indefinitely.

Sections 4, 9, 10, 13, 14, 15, 16, 17, and 18 survive termination.

14. Force Majeure

PipeSpark AI is not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, acts of government, carrier outages, internet infrastructure failures, third-party service disruptions, cyberattacks, or pandemics.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or the Service shall first be subject to good-faith negotiation between the parties for 30 days.

If not resolved by negotiation, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in Los Angeles County, California. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You waive any right to participate in a class action lawsuit or class-wide arbitration. All disputes must be brought individually. This waiver is a material inducement for PipeSpark AI to offer the Service at the stated pricing.

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm without waiving the right to arbitration.

16. Modifications to Terms

PipeSpark AI may update these Terms at any time by posting the revised Terms to this page and updating the "Last updated" date. Material changes will also be communicated via email to the address on file or by notice in your dashboard. Continued use of the Service 14 days after such notice constitutes acceptance of the updated Terms.

17. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy and SMS Consent Policy, constitute the entire agreement between you and PipeSpark AI regarding the Service and supersede all prior negotiations, representations, and agreements.
  • Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder of these Terms will continue in full force and effect.
  • No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future. All waivers must be in writing and signed by an authorized representative.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, or sale of assets.
  • Notices: Notices to PipeSpark AI must be sent to support@pipespark.ai. Notices to you will be sent to the email address on your account.

18. Contact

Questions about these Terms: support@pipespark.ai