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Terms And Conditions
Of Services for SparkLead
SparkLead Services by Zoek Marketing
1. Client Responsibility for Lawful Use of Lead Data
Client acknowledges that all leads, contact information, and related data ("Lead Data") provided or made accessible through the Services are delivered to Client "as-is," and that Client is solely responsible for determining and ensuring the lawful use of Lead Data in Client's jurisdiction(s) of operation. Client represents and warrants that it will use, store, and act upon Lead Data in compliance with all applicable federal, state, and local laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, applicable state telemarketing and do-not-call laws, and any data privacy or consumer protection laws in the jurisdictions where Client conducts outreach.
2. No Representation of Consent Status
Except where Zoek is performing outreach on Client's behalf under a Zoek-provided automation package (e.g., AI Receptionist, AI Assistant, or similar AI Bundle features, as described in Section 4 below), Zoek makes no representation or warranty regarding the consent status, opt-in status, or contactability of any individual or business contained in Lead Data. Client is solely responsible for independently verifying consent and compliance obligations, including Do-Not-Call registry status and any required prior express written consent, before initiating calls, texts, or emails to any lead.
3. Client Indemnification
Client agrees to indemnify, defend, and hold harmless Zoek, its affiliates, officers, employees, and agents from and against any and all claims, damages, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
a. Client's use, misuse, storage, or transmission of Lead Data in violation of the TCPA, CAN-SPAM, state or local telemarketing/privacy laws, or any other applicable law;
b. Client's failure to obtain, maintain, or verify any consent required to contact a lead;
c. Client's use of Lead Data for any purpose not permitted under the laws of the jurisdiction in which the lead resides or the jurisdiction in which Client operates; and
d. any third-party claim arising from Client's outreach to, or handling of, a lead provided through the Services.
This indemnification obligation survives termination or expiration of this Agreement and applies regardless of whether Zoek assisted in generating, delivering, or formatting the Lead Data.
4. Outreach Performed by Zoek on Client's Behalf (AI Bundle / Automated Outreach Packages)
Where Client has purchased a package under which Zoek's systems (including but not limited to AI Receptionist, AI Chat, or AI Assistant features) initiate calls, texts, or messages on Client's behalf, the following additional terms apply:
a. Client represents and warrants that it has the legal right and necessary consent to authorize outreach to each contact, and that such outreach is being conducted at Client's direction and for Client's benefit, with Zoek acting solely as Client's service provider and technology agent.
b. Zoek's automated outreach is configured based on information, contact lists, and instructions provided or approved by Client. Zoek is not responsible for verifying the consent basis, accuracy, or legality of any contact list or targeting criteria supplied or approved by Client.
c. The indemnification obligations in Section 3 apply equally to outreach conducted by Zoke's automated systems under this Section 4, as such outreach is performed at Client's instruction and for Client's benefit.
d. Nothing in this Section shall be construed to make Zoek a co-caller, co-texter, or co-marketer under the TCPA or any similar law with respect to Client's business; Zoek provides the technology and Client remains the party responsible for compliance with respect to its own leads and customers.
5. No Warranty of Legal Compliance by Zoek Systems
While Zoek may incorporate general best-practice safeguards into its platform (such as opt-out handling and standard messaging frequency limits), Zoek does not warrant that use of the Services, on their own, ensures Client's compliance with the TCPA or any other law. Compliance with applicable law remains Client's sole responsibility.
6. Limitation of Liability
In no event shall Zoek's aggregate liability arising out of or related to Lead Data, outreach performed under Section 4, or any claim under this section exceed the total fees paid by Client to Zoek in the three (3) months preceding the event giving rise to the claim. This limitation does not apply to Zoek's own gross negligence or willful misconduct.
7. Survival
The provisions of this section shall survive termination, expiration, or cancellation of this Agreement for any reason.