Effective Date: July 24, 2026
1) Parties; Business Use Only
1.1 Parties. These Terms of Service (the “Terms”) are between SPARK LEADS AGENCY, LLC (“Spark Leads Agency,” “we,” “us,” “our”), an Ohio limited liability company, and the business entity that purchases or uses our services (“Client,” “you,” “your”). GM SideKick™ is a product and service offering of SPARK LEADS AGENCY, LLC.
1.2 Business Use Only. Our services are offered exclusively to businesses — primarily restaurants and hospitality venues located within approximately 25 miles of Columbus, Ohio. By using the services, you represent that you are acting on behalf of a business and not as a consumer.
1.3 Authority. The individual accepting these Terms represents that they have authority to bind the Client, such as a general manager, owner, or authorized officer.
2) The Services
2.1 GM SideKick™. GM SideKick™ is a Restaurant Event Profit System that helps restaurant general managers book more profitable private events. Depending on your plan, services may include: private event booking microsites, lead capture forms, automated follow-up sequences (email and/or SMS), repeat-booking campaigns, lead tracking, and reporting (collectively, the “Services”).
2.2 No Guaranteed Results. We provide systems, software, and marketing support. We do not and cannot guarantee any specific number of leads, bookings, event revenue, or other business outcomes. Results depend on factors outside our control, including your pricing, availability, responsiveness, food and service quality, seasonality, and market conditions.
2.3 Changes to the Services. We may improve, modify, or discontinue features of the Services. If a change materially reduces the core functionality you are paying for, you may terminate under Section 6.
3) Client Responsibilities
3.1 Accurate Information. You will provide accurate, current business information, including venue details, menus, pricing, capacity, and availability, and will keep it up to date.
3.2 Timely Follow-Up. Automated systems only work when leads are handled. You are responsible for responding to event inquiries routed to you and for honoring commitments made to your event leads.
3.3 Lawful Use. You will use the Services only for lawful business purposes and will not upload or transmit content that is unlawful, deceptive, infringing, or harmful.
3.4 Access. You will provide reasonable access to accounts, assets, and approvals we need to deliver the Services (for example, domain access, brand assets, or calendar availability).
4) Fees; Billing; Taxes
4.1 Fees. Fees are as stated in your order form, proposal, or checkout page. Unless stated otherwise, fees are billed in advance and are non-refundable once a billing period begins.
4.2 Late Payment. Past-due amounts may result in suspension of the Services after notice. You are responsible for reasonable costs of collection permitted by law.
4.3 Taxes. Fees exclude taxes. You are responsible for any applicable sales, use, or similar taxes, excluding taxes on our income.
5) Messaging & Communications Compliance
5.1 Consent. Where the Services send email or SMS messages to your event leads on your behalf, messages are sent based on consent gathered through your forms and funnels. You agree not to import or message contacts who have not consented.
5.2 Opt-Outs. Recipients may opt out at any time (for example, by replying STOP to SMS or using unsubscribe links). Opt-outs are honored automatically and you agree not to circumvent them.
5.3 Compliance. Each party will comply with applicable communications and marketing laws, including the TCPA, CAN-SPAM, and applicable carrier requirements.
6) Term; Termination
6.1 Term. These Terms apply from your first use of the Services and continue for the subscription or engagement period stated in your order.
6.2 Termination for Convenience. Unless your order states otherwise, either party may terminate at the end of the then-current billing period with written notice.
6.3 Termination for Cause. Either party may terminate if the other materially breaches these Terms and fails to cure within 15 days of written notice.
6.4 Effect of Termination. Upon termination, your access to the Services ends. Sections that by their nature should survive (including fees owed, IP, confidentiality, disclaimers, limitations of liability, and dispute resolution) survive termination.
7) Intellectual Property
7.1 Our IP. We own the Services, including GM SideKick™ software, templates, workflows, playbooks, and documentation. You receive a limited, non-exclusive, non-transferable license to use them during your engagement, solely for your business.
7.2 Your IP. You own your brand assets, menus, photos, and content you provide. You grant us a license to use them to deliver the Services.
7.3 Feedback. If you provide feedback or suggestions, we may use them without restriction or obligation.
8) Confidentiality
Each party may receive non-public information of the other (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms and will protect it with reasonable care. This obligation does not apply to information that is public, independently developed, or lawfully received from a third party, or that must be disclosed by law.
9) Data & Privacy
Our collection and use of personal information is described in our Privacy Policy. As between the parties, you are responsible for your own privacy notices to your customers and for the lawfulness of contact data you provide to us.
10) Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PARTICULAR BUSINESS RESULTS WILL BE ACHIEVED.
11) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
12) Indemnification
You will defend and indemnify us against third-party claims arising from (a) content or data you provide, (b) your products, services, or events, or (c) your violation of law or these Terms. We will defend and indemnify you against third-party claims that the Services, as provided by us, infringe a third party’s intellectual property rights.
13) Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute informally. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Franklin County, Ohio, and each party consents to venue and jurisdiction there.
14) General
14.1 Independent Contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, or agency relationship.
14.2 Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition, or sale of substantially all assets.
14.3 Entire Agreement. These Terms, together with any order form and our Privacy Policy and Disclaimers, are the entire agreement and supersede prior discussions.
14.4 Changes. We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms with a new effective date. Continued use of the Services after changes take effect constitutes acceptance.
14.5 Severability; Waiver. If a provision is unenforceable, the remainder stays in effect. A failure to enforce a provision is not a waiver.
15) Contact
Questions about these Terms may be directed to SPARK LEADS AGENCY, LLC using the contact information provided on this website.