Terms of Service

Effective Date: February 1, 2026 · Last Updated: February 2026

These Terms of Service ("Terms") govern your use of the website creation and management services ("Services") provided by Eagle Eyes Ventures LLC, doing business as HeySpark ("HeySpark," "we," "us," or "our"). By purchasing or using our Services, you ("Client," "you," or "your") agree to be bound by these Terms.

1. Service Description

HeySpark provides custom website design, development, hosting, and ongoing management services for small businesses. Our Services include:

1.1 Base Plan

1.2 Premium Plan

Everything in the Base Plan, plus:

2. Pricing and Billing

2.1 Setup Fee

A one-time setup fee of $499 is charged at the time of purchase. This fee covers the initial design, development, and deployment of your website. The setup fee is non-refundable once website building begins (see Section 5).

2.2 Recurring Subscription

Plan Monthly Billing Annual Billing (15% discount)
Base $79/month $799/year ($66.58/month)
Premium $149/month $1,519/year ($126.58/month)

2.3 Billing Terms

2.4 Failed Payments

If a payment fails, we will attempt to process the payment again according to Stripe's retry schedule. If payment cannot be collected after multiple attempts, we may suspend your Services until payment is received. We are not responsible for any downtime resulting from payment failures.

3. Website Building and Delivery

4. Content Updates

5. Cancellation and Termination

5.1 Monthly Plans

You may cancel your monthly subscription at any time by providing 30 days' written notice via email to [email protected]. Your service will remain active until the end of the current billing period.

5.2 Annual Plans

Annual subscriptions represent a 12-month commitment. If you wish to terminate an annual plan before the end of the 12-month term, an early termination fee applies:

Early Termination Fee: 50% of the remaining monthly value for the unexpired portion of your annual term.

Example: If you cancel 4 months into a Base annual plan ($799/year = $66.58/month effective), the remaining 8 months × $66.58 × 50% = $266.32 early termination fee.

5.3 Setup Fee Refunds

The $499 setup fee is non-refundable once website building has begun. If you cancel before any work has started, we will refund the setup fee in full.

5.4 Effect of Cancellation

5.5 Termination by HeySpark

We reserve the right to terminate your account and Services immediately if you violate these Terms, engage in prohibited activities (see Section 8), fail to make payment after reasonable notice, or at our sole discretion with 30 days' written notice.

6. Intellectual Property and Ownership

6.1 Your Content

You retain ownership of all content you provide to us, including your business name, logo, text, images, and any other materials. You grant us a non-exclusive license to use this content solely for the purpose of providing the Services.

6.2 Website Design

The website design, templates, code, and underlying technology used to build your website are and remain the intellectual property of HeySpark. The design does not transfer to you upon cancellation or termination. If you leave HeySpark, you will need to arrange for a new website elsewhere.

6.3 Domain Names

If you provide your own domain, you retain full ownership. If HeySpark registers a domain on your behalf, ownership of that domain belongs to you. In all cases, domains will be released to you within 7 business days of service termination.

7. Content Responsibility

8. Acceptable Use

You agree not to use our Services for any of the following:

Violation of this acceptable use policy may result in immediate termination of your account without refund.

9. Limitation of Liability

Liability Cap: HeySpark's total aggregate liability to you for any claims arising from or related to the Services is limited to the fees actually paid by you in the three (3) months immediately preceding the event giving rise to the claim.

10. Warranty Disclaimer

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

11. Indemnification

You agree to indemnify, defend, and hold harmless HeySpark and Eagle Eyes Ventures LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, NY.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

14. Modifications

We may update these Terms from time to time. We will notify you of any material changes by email or through your account. Your continued use of the Services after such notification constitutes acceptance of the updated Terms.

15. Miscellaneous

16. Contact Information

If you have questions about these Terms, contact us at:

HeySpark (a service of Eagle Eyes Ventures LLC)
Email: [email protected]
Website: heyspark.co