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Effective September 5, 2026 · Version 2026-09-05

Terms + acceptable use.

These terms govern use of Actually Agentic, operated by SparkGap LLC (“we”). By approving a campaign or using the service, you agree to them on behalf of the organization in your workspace.

1. What the service does

We turn an externally generated campaign plan into managed outbound infrastructure. The service can source business contacts, verify email addresses, register domains, provision mailboxes, age new identities, apply a conservative reputation ramp, and configure a sending campaign. Your external agent is not part of our service and cannot approve charges or sending.

2. Your responsibility and warranties

You are the sender and controller of your campaign. You must ensure your offer, audience, claims, contact data, lawful basis, notices, and outreach comply with every applicable law and platform rule. Our validation and your agent’s compliance note are operational aids, not legal advice.

Each time you approve a campaign or a send, you represent and warrant that:

  • you selected the audience, and it is a narrow business audience appropriate to your offer;
  • you have the right to use every contact record you supply or direct us to source, and none of it was obtained in breach of a contract, site term, or law;
  • you have a lawful basis for the outreach in each jurisdiction you identified, and have given any notice that basis requires;
  • your copy, claims, sender identity, and requested domain names are truthful and not misleading; and
  • you will not direct us to contact anyone who has opted out, complained, or is subject to a suppression record.

These warranties are the basis on which we accept and send your campaign.

3. Acceptable use

You may use the service only for truthful, relevant business-to-business outreach. You may not use it for:

  • consumer campaigns, personal-email lists, or audiences selected using sensitive or protected characteristics;
  • deception, impersonation, misleading domains, fabricated claims, phishing, malware, fraud, harassment, or evading blocks;
  • purchased or scraped data you lack the right to use, or outreach where consent is required and absent;
  • continuing to contact anyone who opted out, complained, or appears on an applicable suppression list;
  • regulated, illegal, exploitative, or high-risk offers, including unlawful financial, medical, employment, housing, political, or adult-content solicitation.

We may pause or terminate campaigns when we reasonably believe they threaten recipients, provider infrastructure, or our legal obligations.

4. Human approvals

The service requires separate approvals for the calculated quote/domain order and for first send. You are responsible for reviewing all copy, targeting, domain names, verification policies, and calculated limits before each approval. We record which version of these terms you accepted with each approval.

5. Billing, renewal, and refunds

Checkout shows one recurring monthly amount, due immediately and then monthly until canceled. Managed-domain registration and renewal capacity is included in that price; we do not add a separate annual domain fee at checkout. Discovery and verification are capacity-based services, so the reachable pool may be smaller than the quoted maximum and work may still be performed when no address clears verification. We run discovery and verification before submitting any non-refundable domain order.

Renewal and cancellation. Your subscription renews automatically each month until you cancel. You can cancel at any time through the Stripe billing portal, with no cancellation fee and no minimum term. Cancellation takes effect at the end of the period you have already paid for, and the subscription does not renew after that. We will give you at least 30 days’ notice by email before a price increase takes effect at a renewal.

Refunds. Fees are billed in advance and are not refundable. We do not refund partial months or unused capacity, and canceling mid-period does not produce a credit. Domain registration and renewal charges are non-refundable once submitted to the registrar in every case, including when a campaign is later canceled or paused. Nothing here removes a refund that applicable law requires, and we will still correct a billing error.

6. Managed domains

Unless a separate signed order says otherwise, a domain supplied with the service is registered in our Cloudflare account with us as the registrant and Registered Name Holder, remains our managed infrastructure, and is not sold to you. During an active, paid subscription, we give you a limited, non-exclusive, non-transferable right to use that domain only through the service for the approved campaign. We keep it on automatic renewal while the service remains active.

Transfers. A transfer of a managed domain to you is not part of the service and is not guaranteed. Where we agree to one in writing, all of the following must be true: your account is in good standing with no unpaid amount, open dispute, or open abuse matter; the campaign on that domain has been wound down and its suppression, bounce, and complaint records handed to you in a form you can honor and undertake to honor; the domain is outside the ICANN 60-day post-registration and post-contact-change transfer locks and any registry lock; and no registry, registrar, ICANN, or dispute rule prevents the transfer. We will quote a written administrative fee, plus any registry, registrar, or dispute charge we incur, before work begins, and the transfer starts once that quote is accepted and paid. We may decline a transfer that would leave mail, opt-outs, bounces, or complaints for that domain unhandled. If we decline, we will say why and the domain stays on our normal retention and wind-down process.

Usage depends on third-party services including MillionVerifier, Cloudflare Registrar and DNS, Stripe, infrastructure hosts, and network/reputation data providers. To the extent your managed-domain use is third-party licensing under Section 1.3 of the Cloudflare Domain Registration Agreement, these terms pass through every provision of that agreement applicable to you or your use. Applicable subscription, registrar, registry, ICANN, dispute, suspension, and abuse rules also apply. You authorize us to take the registration and DNS actions needed to provide your approved service and are responsible to us for your use of the domain. We may use functionally equivalent vendors after notice where required.

7. Deliverability and results

We do not guarantee domain availability, inbox placement, data accuracy, reply rates, meetings, revenue, or uninterrupted service. Domain-aging, authentication, ramping, throttling, complaint, bounce, and blocklist gates reduce risk but cannot eliminate it. You remain responsible for campaign relevance and lawful outreach.

8. Data and confidentiality

Each party will protect the other’s confidential information using reasonable care. Our handling of personal data is described in the Privacy Notice and, where we process prospect data for you, the Data Processing Addendum. You grant us the limited rights needed to process briefs, plans, contacts, and provider configuration to operate the service.

9. Suspension, cancellation, and termination

You can pause an active campaign from its manifest and manage recurring billing through the Stripe billing portal. Contact support to close a workspace or to ask us to consider a domain transfer under Section 6. Cancellation pauses sending but does not instantly delete mail or disable a domain needed to process opt-outs, bounces, complaints, or replies; the applicable retention and offboarding process follows. We may suspend unsafe, unlawful, unpaid, or provider-disruptive use. Accrued fees and provisions intended to survive termination remain effective.

10. Indemnification

You will defend, indemnify, and hold harmless SparkGap LLC and its personnel against any third-party claim, regulatory investigation or action, and provider, registrar, or blocklist enforcement, together with the resulting damages, penalties, and reasonable legal costs, to the extent it arises from your audience selection; contact data you supplied or directed us to source; your lawful basis or a notice you did not give; your message content, claims, or sender identity; your failure to honor an opt-out, complaint, or suppression record; or your breach of Section 2 or Section 3.

We will notify you promptly of any such claim, give you control of its defense with counsel we reasonably approve, and cooperate at your expense. You may not settle a claim in a way that imposes an obligation, payment, or admission on us without our written consent.

11. Warranty and liability

The service is provided “as is” to the extent permitted by law. Neither party is liable for indirect, special, incidental, punitive, or consequential damages. Our aggregate liability is limited to amounts you paid us for the affected service during the three months before the event, except where a limit is prohibited by law. That limit does not apply to your obligations under Section 10 or to amounts you owe us for the service.

12. Where the service is offered

We offer the service only to organizations established in the United States or Canada, and only for outreach to recipients in the United States or Canada. Approving a campaign that targets recipients elsewhere breaches these terms, and we may pause or terminate it. You confirm that you, your organization, and your recipients are not subject to sanctions or export restrictions that would make providing the service unlawful, and that you will not use the service in a sanctioned territory. We may add or withdraw a country at any time, and will give notice before withdrawing one that affects an active campaign.

13. Governing law and disputes

These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in San Francisco County, California have exclusive jurisdiction over any dispute arising out of these terms or the service; each party consents to that venue and waives any objection to it. Each party waives any right to a jury trial, and will bring claims only in its individual capacity and not as a class or representative action. Either party may still seek injunctive relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or infrastructure.

14. Contact and changes

Questions or legal notices: [email protected], or SparkGap LLC. We may update these terms prospectively and will give at least 30 days’ notice of a material change through the service or by email; continuing to use the service after the new effective date accepts it. Each approval records the version you accepted.