Terms of Service

Spark by Elysia Partners · Last updated 7 October 2026

These terms are the agreement between you (the business that signs up, "you") and Elysia Partners Pty Ltd, an Australian company ("Elysia Partners", "we", "us"), for using Spark at spark.elysiapartners.com. Spark is an AI employee for businesses: it answers and makes calls, handles texts and emails, books appointments, keeps customer records and helps run your day.

By creating an account or using Spark you agree to these terms and our Privacy Policy. If you're signing up for a business, you confirm you're allowed to bind that business.

1. Your account

• You must be at least 18 and using Spark for a business.
• Keep your login safe. You're responsible for everything done under your account, including by your team and by the AI employee acting on your instructions.
• Give us accurate details and keep them up to date, especially your business name, contact email and time zone.

2. Free trial and plans

• New accounts get a 7-day free trial. We ask for a card to start the trial, but we don't charge your plan fee during it.
• When the trial ends, your plan starts automatically and you'll be charged the plan fee shown at sign-up, then again each month, until you cancel. Cancel any time before the trial ends and you won't be charged the plan fee.
• The plan fee and what's included are shown in the app before you pay. Extra AI employees and phone numbers may cost extra, and the price is always shown before you confirm.

3. Billing, call credits and tax

• Payments are processed securely by our payment provider. We never see or store your full card number.
• Call credits: phone calls use prepaid credits, charged by call time. Credits are needed during the trial too. You can see your balance, usage and the current rates for calls, texts and emails on the Billing page, and you can turn on automatic top-ups.
• Plan fees are charged monthly in advance. If a payment fails we'll let you know and try again; if it keeps failing we may pause calls and other paid features until it's sorted.
• The plan fee is in Australian dollars and includes GST where GST applies. Call credits are bought and held in US dollars; the app shows the US dollar amount before you pay, and an approximate amount in your currency. Your bank may convert the amount and charge its own fees, and if you're outside Australia you're responsible for any local taxes.
• If we change a price, we'll tell you by email at least 30 days before it applies to you. You can cancel before then.

4. Cancelling and refunds

• You can cancel any time from Billing in the app, or by emailing us. Your plan stays active until the end of the period you've paid for, then stops renewing.
• Plan fees for a period that has started aren't refunded, and unused call credits aren't refunded or exchanged for cash, except where the law says otherwise or we've made a mistake (for example, charging you twice or after you cancelled). In those cases we'll fix it.
• If Spark has a major failure, you may be entitled to a refund under the Australian Consumer Law. See section 11.

5. Contacting people with Spark

Spark contacts people on your behalf, so the laws about calling, texting and emailing apply to you as the business doing the contacting. You agree to:

• Only call, text or email people you have the right to contact, and have any consent the law requires. In Australia that includes the Spam Act 2003 (consent, identifying yourself and a working way to opt out) and the Do Not Call Register Act 2006 and the Telemarketing Industry Standard (calling hours, checking the Register). Other countries have their own rules, such as the TCPA and Do Not Call Registry in the US, CASL in Canada and PECR and TPS in the UK, and you're responsible for following the rules where the people you contact are.
• Not upload lists you've bought, scraped or don't have permission to use.
• Honour opt-outs. Spark records opt-outs and won't contact those people again, and you must not work around that.
• Tell people they're talking with an AI where the law requires it, or where they ask.
• Get any consent required before calls are recorded or transcribed. Recording laws differ by state and country.

Spark has safety features built in, such as calling hours, opt-out handling and Do Not Call checks where register data is available to us. They help, but they're a safety net, not legal advice, and they don't move your responsibility to us.

6. AI output

• Spark uses artificial intelligence to understand, write and speak. AI can get things wrong: it may mishear, misunderstand or say something inaccurate. Check anything important, such as quotes, prices, bookings, legal, medical or financial information, before you rely on it.
• Your AI employee works from the instructions, knowledge and settings you give it. Keep them accurate and tell it what it must never say or promise.
• Spark's output isn't professional advice, and we're not responsible for decisions you or your customers make based on it, except as set out in section 11.
• You can set what your AI employee is allowed to do on its own and what needs your approval first. Actions you approve, or allow it to take automatically, are treated as yours.

7. Acceptable use

You must not use Spark to:

• break any law, mislead or deceive people, or pretend to be someone you're not;
• harass, threaten or abuse anyone, or contact emergency services numbers;
• send spam or run unlawful telemarketing;
• collect sensitive information without the right to, or process information about children;
• try to break, overload, copy or reverse engineer Spark, get into other accounts, or get around usage limits; or
• resell Spark or give access to people outside your business without our written agreement.

8. Your data

• You own your data: your business information, customer records, recordings, transcripts and messages. You give us permission to store and process it only to run Spark for you, keep it secure, and support you.
• Each account's data is kept separate from every other account.
• We don't sell your data and we don't use your data or your customers' data to train AI models.
• How we handle personal information is explained in our Privacy Policy. Where you put your customers' details into Spark, you're responsible for having the right to do so, and we process them on your behalf.
• You can export or delete your data, or close your account, at any time. When you close your account we delete your data as described in the Privacy Policy.

9. Connected accounts and phone numbers

• If you connect an email, calendar or other account, Spark only uses it for the features you turn on, and you can disconnect it at any time. Those services have their own terms, which you'll need to follow.
• Phone numbers you get through Spark are provided for use with Spark. Some countries require business details before a number can be issued. If your account closes, numbers may be released after a reasonable period and we can't guarantee you can keep or move them.

10. Availability and changes

• We work hard to keep Spark running 24/7, but we can't promise it will never be interrupted, for example during maintenance or if a phone or internet network has problems.
• We improve Spark all the time. We may add, change or remove features. If we remove something important you're paying for, we'll tell you ahead of time.
• We may update these terms. We'll change the date at the top and, for important changes, email you at least 30 days before they apply. If you keep using Spark after that, the new terms apply.

11. Australian Consumer Law and liability

• Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the service, you're entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You're also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure doesn't amount to a major failure, you're entitled to have problems with the service fixed in a reasonable time and, if this isn't done, to cancel your contract and get a refund for the unused portion.
• Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that can't be excluded.
• To the extent the law allows, and apart from those rights: where our liability for failing to meet a guarantee can be limited, it is limited to supplying the service again or paying the cost of having it supplied again; we aren't liable for indirect or consequential loss, or for lost profits, revenue or data; and our total liability to you in any 12 months is limited to the fees you paid us in that period.
• You agree to cover us for claims by third parties caused by how you use Spark, including who you contact and the instructions you give your AI employee, except to the extent the claim is caused by us.

12. Suspension and termination

• You can stop using Spark and close your account at any time.
• We may pause or close an account if it breaks these terms, puts other people or Spark at risk, or payments remain unpaid. Where it's reasonable we'll warn you first and give you a chance to fix it. If we close your account without you having broken these terms, we'll refund any prepaid plan fee for the unused period.

13. Governing law

These terms are governed by the laws of Queensland, Australia. You and we agree to the non-exclusive jurisdiction of the courts of Queensland. If any part of these terms can't be enforced, the rest still applies.

14. Contact us

Questions, complaints or cancellations:
Elysia Partners Pty Ltd
Email: hello@elysiapartners.com
Website: spark.elysiapartners.com