# Privacy Policy for rsmspark.com

**Effective Date:** June 7, 2026
**Last Updated:** June 7, 2026

RSM Spark ("we," "us," "our," or "RSM Spark") operates the website located at rsmspark.com (the "Site"). We develop and provide freemium WordPress plugins (including the RSM suite such as RSM Calendar, RSM Careers, RSM Directory, RSM Forms, RSM Menu, RSM Invoice, RSM Popups, and future additions), the RSM-Start Theme, documentation, support resources, license management services, and related WordPress tools and services (collectively, the "Services").

This Privacy Policy describes how we collect, use, share, and protect personal information when you visit the Site, create an account, make a purchase or subscription, download or activate our Software, use our license validation or support services, sign up for communications, or otherwise interact with us or the Services.

By accessing or using the Site or Services, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with our practices, please do not use the Site or Services.

## 1. Who We Are and Contact Information

RSM Spark is operated by OPENRSM, Inc. We are based in Missouri, United States.

For privacy-related questions, data subject requests, or to contact us about this Policy:

- **Support / General Inquiries:** Use the contact or support form on rsmspark.com or email support@rsmspark.com
- **Privacy / Data Requests:** privacy@rsmspark.com
- **Mailing Address:** OPENRSM, Inc. / RSM Spark, [Please update with full legal address], Odessa, Missouri, USA

We aim to respond to privacy requests within the timeframes required by applicable law (typically 30 days under GDPR or 45 days under CCPA).

## 2. Information We Collect

We collect personal information from you in several ways:

### A. Information You Provide to Us Directly
- **Account and Profile Information:** When you register for an account (required for purchases, pro downloads, license management, and support), we collect your name, email address, username, and password (stored in hashed form using WordPress-standard secure methods).
- **Billing and Transaction Information:** For purchases and subscriptions, we collect billing name, billing address (city, state/province, postal code, country — used for tax/VAT calculation and compliance), and payment details. **Important:** Full credit/debit card numbers and sensitive payment data are processed and stored exclusively by our third-party payment processor (e.g., Stripe). We do not receive or store complete card details.
- **License and Technical Activation Data:** When you activate a premium license key within one of our plugins or the RSM-Start Theme on your WordPress site(s), the Software communicates with our license validation endpoint. This typically includes: your site's domain/URL, WordPress version, PHP version, active plugin/theme version numbers, license key, and timestamp. This data is necessary to validate that your subscription is active, enforce site limits per your plan tier, deliver automatic updates, and provide relevant support.
- **Support, Feedback, and Communications:** When you submit a support ticket, contact form, bug report, feature request, or email us, we collect the content of your message, any attached files/screenshots/logs, your account email, and related order/license details to provide assistance.
- **Marketing and Newsletter:** Email address and preferences if you voluntarily opt in to receive product updates, tips, promotions, or announcements.
- **User-Generated Content:** If the Site allows reviews, comments, testimonials, forum posts, or public support threads (future features), we collect that content along with your display name or account identifier.

### B. Information Collected Automatically
- **Usage and Analytics Data:** We collect information about how you interact with the Site, such as pages viewed, time spent, clicks, search queries, download history, referring URLs, device type, browser type and version, operating system, language settings, screen resolution, and approximate geographic location derived from IP address (we do not store precise GPS data).
- **Cookies and Similar Technologies:** We use cookies, local storage, and similar technologies for essential functionality (login sessions, shopping cart persistence via WooCommerce, security nonces), performance/analytics (to understand visitor behavior and improve the Site), and functional preferences (e.g., dismissed notices). See Section 7 for more details.
- **Server and Log Data:** Our web server and application logs automatically record standard information such as IP address, request timestamps, pages/resources requested, HTTP status codes, and referrer for security, debugging, performance monitoring, and abuse prevention.

### C. Information from Third Parties
- Payment processors (e.g., Stripe) provide us with transaction confirmations, order status, and limited billing metadata necessary to fulfill and record your order.
- Analytics or hosting providers may share aggregated or anonymized insights.
- We do not purchase or obtain personal information from data brokers.

## 3. How We Use Your Information

We use the information we collect for the following purposes:

- **Providing and Operating the Services:** Creating and managing your account; processing orders, subscriptions, and payments; generating and validating license keys; delivering plugin/theme files and automatic updates; enabling the account dashboard for license management, site activations, invoices, and downloads; fulfilling support requests.
- **License Validation and Software Functionality:** The periodic checks from your WordPress installation(s) allow us to confirm active subscriptions, enforce fair usage (site limits per tier), unlock pro features, push seamless updates, and maintain accurate records of activations.
- **Improving Our Products and Site:** Analyzing usage patterns, identifying compatibility issues or bugs (from validation data, support tickets, or aggregated analytics), prioritizing development, testing new features, and optimizing performance and user experience.
- **Customer Support and Communication:** Responding to inquiries, troubleshooting technical issues (often requiring details about your WP/PHP/plugin environment), sending transactional emails (order confirmations, license keys, renewal reminders, password resets, important service announcements), and providing onboarding or usage tips.
- **Marketing and Engagement (with Consent):** Sending newsletters, product announcements, educational content, or promotional offers if you have opted in. You can unsubscribe at any time via links in emails or account settings.
- **Legal, Security, and Compliance:** Detecting and preventing fraud, abuse, or unauthorized access; enforcing these Terms and our other policies; complying with legal obligations (tax, accounting, consumer protection); protecting the rights, property, or safety of RSM Spark, our users, or others; and maintaining audit logs.
- **Aggregated and Anonymized Data:** We may create and use aggregated, de-identified, or anonymized data (e.g., total number of active sites using a plugin version, average PHP versions across users) for internal analytics, public statistics, marketing our Services, or improving compatibility. This data cannot reasonably be used to identify you.

**Legal Bases for Processing (GDPR / UK GDPR / similar laws):** We rely on one or more of the following: (a) performance of a contract with you (providing the Services and Software you request); (b) our legitimate interests (improving Services, security, preventing fraud, basic analytics, and marketing to existing customers where permitted); (c) your consent (for optional marketing emails and non-essential cookies/analytics); and (d) legal obligations (tax, accounting, responding to lawful requests).

## 4. Sharing and Disclosure of Your Information

We do **not** sell your personal information to third parties.

We may share information in the following limited circumstances:

- **Service Providers and Subprocessors:** We engage trusted third parties to help operate the Services. These include:
- Web hosting, server infrastructure, and CDN providers.
- Payment processing (Stripe — their use of your data is governed by their own privacy policy and terms).
- Email/transactional messaging services for order and support communications.
- Analytics tools (we prefer privacy-friendly options that minimize data sharing).
- License management, subscription, and WooCommerce-related plugins or custom code (self-hosted where possible).
- Customer support/ticketing platforms.
- Backup, security, and performance monitoring services.

These providers are contractually obligated to use your information only as necessary to provide their services to us, to protect it with appropriate safeguards, and not to use it for their own marketing or other unrelated purposes.

- **Legal and Safety Requirements:** We may disclose information if required by law, regulation, court order, subpoena, or governmental request; to enforce our Terms or other agreements; to investigate or prevent fraud, security issues, or illegal activity; or to protect the rights, property, or safety of RSM Spark, our users, employees, or the public.

- **Business Transfers:** In the event of a merger, acquisition, reorganization, bankruptcy, or sale of all or a portion of our assets, your information may be transferred to the successor entity. We will notify you of any such change via email or prominent notice on the Site if your data will be handled differently.

- **With Your Consent or at Your Direction:** We may share information when you explicitly ask us to (e.g., authorizing a third-party integration or sharing a testimonial).

- **Aggregated/Anonymized Data:** We may share aggregated statistics or insights that do not identify individual users.

We do not share raw license validation data or detailed site information with unrelated third parties for marketing or other commercial purposes.

## 5. Data Retention

We retain personal information only as long as necessary for the purposes described in this Policy, or as required by law:

- **Active Accounts and Subscriptions:** Account data, license records, and activation history are retained while your account is active and for a reasonable period afterward (typically 1–2 years) to allow for renewals, support continuity, reactivation, legal defense, or to prevent abuse.
- **Transaction and Financial Records:** Order history, invoices, and payment metadata are retained for at least 7 years (or longer if required by tax/accounting regulations in applicable jurisdictions).
- **Support Tickets and Communications:** Retained for the duration needed to resolve the issue plus a reasonable archive period (often 2–3 years) for quality, training, and reference.
- **Marketing Data:** Retained until you unsubscribe or request deletion.
- **Analytics and Server Logs:** Raw logs are typically retained for 90 days to 1 year for operational and security purposes; aggregated or anonymized data may be kept longer.
- **License Validation Logs:** Technical pings are retained in association with your account/license for the active period plus a short additional time for auditing and abuse prevention.

When data is no longer needed, we delete it or anonymize it in a manner that prevents re-identification. You may request earlier deletion of your account and associated personal data (subject to legal or contractual retention requirements, such as open support tickets or financial records).

## 6. Your Privacy Rights and Choices

Depending on your location and applicable law (e.g., GDPR/UK GDPR for individuals in the EEA, UK, or Switzerland; CCPA/CPRA for California residents; other state or national privacy laws), you may have some or all of the following rights:

- **Right to Access / Know:** Request confirmation of whether we process your personal information and obtain a copy of the data we hold about you, along with details on categories, sources, purposes, and recipients.
- **Right to Correction:** Request that we correct inaccurate or incomplete personal information.
- **Right to Deletion / Erasure:** Request deletion of your personal information, subject to exceptions (e.g., legal obligations, ongoing contracts, fraud prevention).
- **Right to Data Portability:** Receive your personal information in a structured, commonly used, machine-readable format (where technically feasible) and request that we transmit it to another controller.
- **Right to Opt-Out of Marketing:** Unsubscribe from promotional emails at any time using the "unsubscribe" link in emails or by updating preferences in your account dashboard. Transactional and service-related emails (order confirmations, license deliveries, critical updates, billing notices) cannot be opted out of while you maintain an active account or subscription.
- **Right to Opt-Out of "Sales" or Targeted Advertising:** We do not sell personal information as defined under CCPA. We do not engage in cross-context behavioral advertising that would trigger many opt-out rights. You can still manage cookies and analytics preferences.
- **Right to Restrict or Object to Processing:** In certain cases (e.g., legitimate interest processing), you may object to or request restriction of our use of your data.
- **Right to Withdraw Consent:** Where we rely on consent, you may withdraw it at any time (this does not affect processing that occurred before withdrawal).
- **Right to Non-Discrimination (CCPA):** We will not discriminate against you for exercising your privacy rights.
- **Right to Lodge a Complaint:** If you are in the EEA/UK/Switzerland or another jurisdiction with a data protection authority, you have the right to lodge a complaint with your local supervisory authority if you believe we have violated applicable data protection law.

**How to Exercise Your Rights:**
Log into your account dashboard (where available features for data export or account deletion may be provided) or submit a request via our support form or privacy@rsmspark.com. We will verify your identity (typically via email confirmation or account login) and respond within the legally required timeframe. For complex or voluminous requests, we may extend the response time as permitted by law and will notify you.

**Note on Account Deletion:** Deleting your account will remove your ability to manage licenses, receive updates, or access pro features. Any active subscriptions should be canceled first. License validation data and support history may be retained in anonymized or aggregated form or as required for legal reasons. Free/GPL software components on your sites are unaffected by account deletion on our Site.

## 7. Cookies, Tracking, and Similar Technologies

We use cookies and similar technologies on the Site for the following purposes:

- **Strictly Necessary / Essential:** Enable core functionality such as user login sessions, maintaining your shopping cart and checkout process (WooCommerce), security features (nonces, CSRF protection), and remembering basic preferences. These cannot be disabled without breaking essential Site features.
- **Performance and Analytics:** Help us understand how visitors use the Site (page views, navigation paths, bounce rates, conversion funnels) so we can improve content, navigation, and performance. We strive to use privacy-respecting analytics tools that limit data sharing and offer opt-out mechanisms.
- **Functional:** Remember choices you have made (e.g., cookie banner dismissal, display preferences) to provide a smoother experience.

**Managing Cookies:**
Most browsers allow you to block or delete cookies through settings. You can also use our cookie consent banner (if implemented — we recommend a compliant WordPress plugin such as Complianz, CookieYes, or similar for granular control and record-keeping) to manage non-essential cookies. Note that disabling essential cookies will prevent login, purchases, and other core functions. Browser "Do Not Track" signals are not universally honored; we respond to legally required signals where applicable.

For more details or to view the current list of cookies used, visit the cookie information section in our cookie banner or contact us.

## 8. Data Security

We implement reasonable administrative, technical, and physical safeguards designed to protect your personal information from unauthorized access, disclosure, alteration, or destruction. These include:

- HTTPS/SSL encryption for all Site traffic and data transmission.
- Secure password hashing and session management following WordPress best practices.
- Principle of least privilege for internal access to customer data.
- Regular security updates to our WordPress installation, plugins, and server environment.
- Use of firewalls, intrusion detection where appropriate, and secure hosting infrastructure.
- Employee/contractor training on data handling and confidentiality.

Despite these measures, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security. You play an important role by using strong, unique passwords, enabling two-factor authentication where offered, and promptly reporting any suspected unauthorized access to your account.

If we become aware of a data breach that poses a risk to your rights and freedoms, we will notify affected users and relevant authorities as required by applicable law (e.g., GDPR timelines).

## 9. International Data Transfers

Our primary operations and servers are located in the United States. If you access the Site or use the Services from outside the United States (including the EEA, UK, Switzerland, or other regions with data transfer restrictions), your information may be transferred to, stored in, and processed in the United States or other countries where our service providers operate.

Where required by applicable law, we use appropriate safeguards for such transfers, such as Standard Contractual Clauses (SCCs) approved by the European Commission, the UK Addendum to the SCCs, or other lawful transfer mechanisms. By using the Site or Services, you consent to these transfers to the extent permitted by law.

## 10. Children's Privacy

The Site and Services are not directed to, and we do not knowingly collect personal information from, children under the age of 13 (or under 16 in certain jurisdictions). If we learn that we have inadvertently collected personal information from a child under the applicable age without verifiable parental consent, we will take prompt steps to delete that information.

If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately at privacy@rsmspark.com so we can investigate and take appropriate action.

## 11. Links to Third-Party Websites and Services

The Site may contain links to third-party websites, services, or resources (for example, WordPress.org, external documentation hosts, GitHub repositories, payment processor portals, or social media platforms). We also integrate with third-party services for payments, analytics, email delivery, and other functions.

These third parties have their own privacy policies and terms of service, which govern their collection and use of your information. We are not responsible for the privacy practices, content, or availability of any third-party sites or services. We encourage you to review their policies before providing any personal information or using their services.

Your installation and use of our Software on your own WordPress site(s) is also subject to the terms, privacy policies, and configurations of WordPress core, your hosting provider, any other plugins or themes you use, and applicable laws governing your website and its visitors.

## 12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our data practices, the Services we offer, legal requirements, or industry standards. When we make material changes, we will:

- Update the "Last Updated" date at the top of this Policy.
- Post the revised Policy on this page.
- Provide notice to registered users via email or a prominent notice on the Site or in your account dashboard, where feasible and required by law.

Your continued use of the Site or Services after the effective date of any changes constitutes your acceptance of the revised Privacy Policy. If you do not agree to the changes, you should discontinue use of the Site and Services and may cancel any active subscriptions in accordance with our Terms of Service.

We recommend reviewing this Policy periodically.

## 13. Additional Information for Specific Jurisdictions

- **California Residents (CCPA/CPRA):** We describe the categories of personal information we collect, the purposes, and our sharing practices in the sections above. We do not "sell" personal information as defined by CCPA. You have the rights described in Section 6. To make a verifiable consumer request, contact us as described above. We do not offer financial incentives in exchange for personal information.
- **EEA / UK / Switzerland Residents:** See the legal bases in Section 3, international transfer safeguards in Section 9, and your rights in Section 6. Our representative or lead supervisory authority contact can be provided upon request.
- **Other Jurisdictions:** We strive to comply with applicable local privacy laws. If you have specific questions about compliance in your region, please contact us.

*Thank you for trusting RSM Spark with your WordPress projects. We are committed to handling your information responsibly and transparently as we build useful tools for the community.*

 

 

 

# RSM Spark Terms of Service

**Effective Date:** June 7, 2026
**Last Updated:** June 7, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at rsmspark.com (the "Site") and the related services, software, plugins, themes, documentation, support, and other offerings provided by RSM Spark (collectively, the "Services" or "Software").

The Services are operated by OPENRSM, Inc. ("RSM Spark," "we," "us," or "our"). By accessing the Site, creating an account, purchasing any subscription or product, downloading, installing, activating, or using any of our WordPress plugins (including the RSM suite such as RSM Calendar, RSM Careers, RSM Directory, RSM Forms, RSM Menu, RSM Invoice, RSM Popups, and future additions), the RSM-Start Theme, or any other tools or resources we provide, you agree to be bound by these Terms, our Privacy Policy, and any additional guidelines, rules, or policies we may post.

If you do not agree to these Terms, do not access or use the Site or Services.

## 1. Definitions

- **"Software"** or **"Plugin/Theme"**: Our freemium WordPress plugins, the RSM-Start Theme, premium/pro versions or features, license keys, updates, and related code or files we make available.
- **"Free Software"**: Components distributed under open source licenses (primarily GNU GPL v2 or later).
- **"Premium Software"** or **"Pro Features"**: Functionality, code, or full versions unlocked only by a valid paid subscription and active license key.
- **"Subscription"**: A recurring paid plan (typically annual) that grants access to Premium Software, updates, and support for a defined period and according to the site limits and benefits of the chosen tier (Personal, Business, Agency, or other tiers we may offer).
- **"License Key"**: A unique code generated for your account/subscription used to activate and validate Premium Software on your WordPress site(s).
- **"You"** or **"User"**: The individual or entity accessing or using the Services.

## 2. Eligibility and Account Registration

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding legal contract to use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

To access certain features (purchasing, downloading Premium Software, managing licenses, submitting support tickets), you must create an account. You agree to:

- Provide accurate, current, and complete information during registration and keep it updated.
- Maintain the security and confidentiality of your password and account credentials.
- Accept responsibility for all activities that occur under your account.
- Notify us immediately of any unauthorized use of your account or any other security breach.

We reserve the right to refuse service, terminate accounts, or limit access at our discretion, including for suspected fraud, abuse, or violation of these Terms.

## 3. Description of Services and Freemium Model

RSM Spark provides a platform for discovering, learning about, downloading, and purchasing WordPress plugins and themes with a freemium business model:

- **Free/Core Offerings**: Substantial core functionality of our plugins and the RSM-Start Theme is available at no cost, typically licensed under the GNU General Public License v2 or later ("GPL" or "GPLv2+"). You may use, modify, and redistribute Free Software in accordance with the terms of the applicable open source license.
- **Premium/Pro Offerings**: Advanced features, additional functionality, priority or enhanced support, multi-site or agency licensing, and ongoing updates are available exclusively through paid annual (or other interval) Subscriptions. Pricing, site limits per tier, and exact benefits are displayed on our pricing page and in your account dashboard. Tiers commonly include Personal (single or limited sites), Business (multiple sites), and Agency (client sites / higher limits) — exact current details are on the Site.

We may add, modify, or remove features, products, or tiers at any time. We strive to provide reasonable notice of material changes affecting existing subscribers.

The Site also offers documentation, changelogs, tutorials, a support ticketing system, account dashboard for license management and downloads, invoices, and potentially blog content or community features.

## 4. Software Licenses and Your Rights

### 4.1 Free / Open Source Software (GPL Components)
Our Free Software is generally licensed under the GNU General Public License version 2 or later (GPLv2+), consistent with WordPress ecosystem norms. The full text of the GPL is available at https://www.gnu.org/licenses/gpl-2.0.html (or later versions).

Under the GPL, subject to its terms and conditions, you may:
- Use the Software for any purpose.
- Study how it works and modify it.
- Redistribute copies (including modified versions), provided you distribute under the same or compatible license, make source code available, and comply with all GPL requirements (e.g., preserving copyright notices, providing license text).

We provide Free Software "as is" without additional warranties beyond those (if any) contained in the GPL itself. See the disclaimers in Section 8.

### 4.2 Premium Software and Pro Features
For paid Subscriptions, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Premium Software and unlock Pro Features on the number of WordPress sites permitted by your specific Subscription tier and plan (as shown in your account dashboard or the pricing page at the time of purchase).

This license is valid only during the active, paid term of your Subscription and is subject to these Terms and any additional End User License terms we may publish for specific products.

**Key Conditions of the Premium License:**
- The license is for your own use or, for Agency-tier plans, for use on sites you manage for your clients (subject to any client-site restrictions or fair use policies we publish).
- You may not sublicense, rent, lease, sell, resell, lend, share, or otherwise transfer the Premium Software, license keys, or access to third parties except as expressly permitted by your tier or with our prior written consent.
- License keys are tied to your account and activated sites. You are responsible for managing activations within your plan limits. We provide tools in the dashboard to deactivate sites.
- The Premium Software may include or rely on proprietary code, algorithms, or features in addition to any GPL components. The license granted herein applies to the combination as we distribute it.

### 4.3 License Validation and Technical Data
Premium features and automatic updates require periodic validation of your license key. When your WordPress site communicates with our license server (or integrated validation endpoint), it typically transmits minimal technical information necessary for the service, including:
- Site domain/URL
- WordPress version
- PHP version
- Plugin or theme version
- License key and activation status
- Timestamp of the request

This communication is required to:
- Confirm your Subscription is active and the key is valid and within usage limits.
- Enable or maintain Pro Features.
- Deliver seamless automatic updates.
- Provide support tailored to your environment and diagnose compatibility issues.

By installing or activating Premium Software, you consent to this data exchange as described in our Privacy Policy. We do not use this data for unrelated marketing or share it with unrelated third parties.

### 4.4 General Restrictions on All Software (Free and Premium)
You agree that you will not, and will not permit others to:
- Use the Software for any unlawful purpose or in violation of any applicable law or regulation (including data protection, export control, and anti-spam laws).
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, except to the extent expressly permitted by applicable law (including the GPL for Free Software components) or by us in writing.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Software.
- Use the Software to develop or offer a competing product or service.
- Use the Software in any high-risk or safety-critical application (e.g., medical devices, nuclear facilities, air traffic control, autonomous vehicles) without our prior written approval and appropriate independent safeguards and testing.
- Circumvent, disable, or interfere with any license validation, usage limit, security feature, or update mechanism.
- Upload, transmit, or distribute any malware, virus, or other harmful code via or in connection with the Software.
- Use the Software in a manner that infringes the intellectual property or other rights of any third party or that is defamatory, harassing, or otherwise harmful.

Your own modifications or additions to the Software are your responsibility. We have no obligation to support, maintain, or provide updates for modified versions, and modifications may void support or guarantees.

## 5. Purchases, Subscriptions, Billing, Renewals, and Refunds

### 5.1 Pricing and Payment
Prices for Subscriptions and any one-time purchases are as displayed on the Site at the time of purchase and are in United States Dollars (USD) unless otherwise stated. Prices are subject to change; changes apply to new purchases and renewals after the change. Applicable taxes (sales tax, VAT, GST, etc.) will be added where we are legally required to collect them based on your billing location and our tax obligations. You are responsible for any taxes not collected by us.

Payment is processed securely by third-party payment providers (primarily Stripe). By submitting payment information, you authorize us and our payment processor to charge the applicable fees for the initial term and for each renewal period until you cancel.

### 5.2 Subscriptions and Auto-Renewal
Subscriptions are typically annual (or other billing interval we offer). They automatically renew at the end of each period for the same duration at the then-current price unless you cancel before the renewal date. You can view and manage your Subscriptions, payment methods, and billing information in your account dashboard.

### 5.3 Cancellations
You may cancel a Subscription at any time via your account dashboard or by contacting support. Cancellation takes effect at the end of the current paid period. You will retain access to Premium Software, updates, and support benefits until the end of that period. After expiration, Pro Features will typically disable or revert to any available free/limited functionality, and you must stop using Premium-only code unless you renew.

### 5.4 Refunds and Money-Back Guarantee
We offer a 7 day limited money-back guarantee on new, first-time Subscriptions, measured from the date of purchase or first successful charge. To request a refund under the guarantee, contact support within the guarantee period. We will typically issue a full refund to the original payment method (processing time 5–10 business days, depending on your provider).

After the guarantee period, or for renewal payments, refunds are generally not provided because access to updates and support has already been granted for the period. We may, at our sole discretion and on a case-by-case basis, offer partial or full refunds for goodwill (e.g., if a significant issue on our end prevents reasonable use of the Software). Chargebacks initiated without first contacting us for resolution may result in account suspension and collection efforts.

We reserve the right to deny refunds or future service to users who abuse the guarantee policy, repeatedly request refunds, or violate these Terms.

### 5.5 Failed Payments and Suspension
If a payment fails (expired card, insufficient funds, etc.), we or our processor will attempt to retry. If payment remains unsuccessful, we may suspend access to Premium Software and support until payment is brought current. Repeated failures may lead to cancellation of the Subscription.

## 6. Intellectual Property Rights

### 6.1 Our Intellectual Property
All content on the Site and in the Services—including but not limited to text, graphics, logos, images, videos, documentation, marketing materials, the Software (including Premium code, designs, and structure), trademarks, service marks (including "RSM Spark," "RSM Calendar," "RSM-Start," "OPENRSM," and associated logos), and any other materials—is owned by or licensed to RSM Spark / OPENRSM, Inc. and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Except for the limited licenses expressly granted in these Terms, nothing in these Terms transfers any ownership, title, or rights in or to the Software, Site content, or our intellectual property to you. You may not use our trademarks or logos in any manner that implies endorsement or affiliation without our prior written permission (nominative fair use for describing your use of our Software is generally acceptable).

### 6.2 User Content and Feedback
If you submit reviews, testimonials, comments, support tickets, bug reports, feature requests, forum posts, or other content through the Site or Services ("User Content"):

- You retain any ownership rights you have in your User Content (to the extent you own it).
- You grant RSM Spark a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, promoting, marketing, and improving the Services and our business (for example, displaying testimonials on the Site, using anonymized feedback to improve products, or publishing public knowledge-base articles derived from support interactions with appropriate attribution or permission).
- You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe any third-party rights or violate any law.
- We reserve the right (but have no obligation) to monitor, moderate, edit (for clarity, grammar, or formatting), or remove any User Content at our discretion.

Any ideas, suggestions, feedback, or recommendations you provide regarding the Services or Software become our exclusive property without any compensation or attribution obligation to you, and we may use them freely for any purpose.

## 7. Prohibited Conduct

You agree not to engage in, and not to permit or encourage others to engage in, any of the following:

- Using the Services for any illegal, fraudulent, or unauthorized purpose, or in violation of any applicable law or third-party rights.
- Interfering with, disrupting, or attempting to gain unauthorized access to the Site, our servers, networks, accounts, or the accounts of other users (including via hacking, scraping, DDoS, or other malicious means).
- Uploading, transmitting, or distributing malware, viruses, worms, Trojan horses, or other harmful or destructive code.
- Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
- Harassing, abusing, threatening, or harming our staff, other users, or any third party through support channels or otherwise.
- Abusing support resources (e.g., submitting excessive frivolous tickets, demanding support for heavily modified or unsupported setups beyond reasonable effort).
- Using automated tools or scripts to access the Site or Services beyond normal human browsing, unless expressly authorized in writing (e.g., for legitimate API access if we provide one).
- Violating the terms of service or acceptable use policies of your web host, WordPress, or any other service you use in connection with our Software.
- Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.

We reserve the right to investigate violations and to take appropriate action, including suspending or terminating accounts, disabling licenses, reporting to law enforcement, and cooperating with investigations.

## 8. Disclaimers of Warranties

THE SITE, SERVICES, AND SOFTWARE ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

Without limiting the foregoing:

- WordPress plugins and themes operate within a complex, ever-changing ecosystem that includes WordPress core, PHP, your hosting environment, other plugins, themes, and custom code. Conflicts, bugs, performance issues, or (in rare cases) data loss or site instability can occur. **You are solely responsible for maintaining complete, current backups of your website and database before installing, updating, or activating any plugin or theme.** We strongly recommend testing all changes on a staging or development site first.
- We do not warrant that any Pro Feature or update will achieve any particular business result (e.g., increased traffic, conversions, revenue, or SEO performance) or that our support will resolve every technical issue.
- No oral or written information or advice provided by us, our support team, documentation, blog, or any other channel creates any warranty not expressly stated in these Terms.
- Some jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties. In those jurisdictions, some of the above disclaimers may not apply to you.

## 9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RSM SPARK, OPENRSM, INC., AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, OR YOUR USE OF (OR INABILITY TO USE) THE SOFTWARE OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNTS YOU ACTUALLY PAID TO US FOR THE APPLICABLE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS (US $100.00) IF YOU HAVE NOT PAID US ANY AMOUNTS.

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND WHETHER THE CLAIM ARISES IN CONTRACT, TORT, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You acknowledge that the fees charged for the Services reflect this allocation of risk and the limitation of liability set forth herein.

## 10. Indemnification

You agree to defend, indemnify, and hold harmless RSM Spark, OPENRSM, Inc., and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, suits, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

- Your access to or use of the Site, Services, or Software;
- Your User Content or any content, data, or activity on websites where you have installed our Software;
- Your violation of these Terms, the Privacy Policy, or any applicable law or regulation;
- Your infringement or misappropriation of any third-party intellectual property, privacy, or other rights;
- Any dispute between you and your own customers, users, clients, or other third parties arising from your use of our Software or Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

## 11. Termination and Suspension

### 11.1 Termination by You
You may cancel your Subscription(s) or delete your account at any time through your account dashboard or by contacting support. Upon cancellation or expiration of a Subscription, your license to use Premium Software terminates, and you should uninstall or disable Pro Features. Free/GPL components remain subject to their open source licenses and may continue to be used in accordance with those licenses.

### 11.2 Termination or Suspension by Us
We may, at our sole discretion and with or without prior notice (except where notice is required by law or these Terms), suspend, limit, or terminate your account, access to the Services, or any license if:

- You breach or violate these Terms, the Privacy Policy, or any other agreement with us;
- You fail to pay amounts due after reasonable attempts to collect;
- You exceed license activation limits without upgrading or after notice;
- We reasonably believe your use poses a security, legal, or operational risk to us, other users, or the public;
- Your account has been inactive for an extended period (e.g., two or more years);
- We discontinue the Services or a specific product line (we will endeavor to provide reasonable notice to affected paying subscribers where practicable);
- Required by law, regulation, or governmental order.

### 11.3 Effect of Termination
Upon termination or expiration:
- All licenses granted to you under these Terms (other than perpetual rights under the GPL for Free Software you have lawfully obtained) immediately terminate.
- You must immediately cease all use of Premium Software and destroy or return all copies in your possession or control if requested by us.
- Provisions of these Terms that by their nature should survive termination (including but not limited to Sections 6, 8, 9, 10, 12, 13, 14, and 15) shall survive and remain in full force and effect.

## 12. Third-Party Services, Links, and Integrations

The Site and Software may contain links to, integrate with, or depend upon third-party websites, services, platforms, or resources (including but not limited to payment processors, analytics providers, email services, WordPress core and its ecosystem, your web host, other plugins or themes, and external documentation or support resources).

Your use of any third-party service is governed solely by the terms of service and privacy policy of that third party. We do not control, endorse, or assume any responsibility or liability for any third-party service, its content, availability, accuracy, security, or practices. Any transaction or interaction you have with a third party is solely between you and that third party.

We are not responsible for any issues arising from conflicts between our Software and other plugins, themes, custom code, hosting configurations, or future WordPress/PHP updates.

## 13. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms, the Site, or the Services shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflict of laws principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Lafayette County or Jackson County, Missouri, and you hereby consent to the personal jurisdiction and venue of such courts.

**Informal Resolution:** Before filing any claim, we encourage you to contact us first to attempt to resolve the dispute amicably through good-faith negotiation.

**Class Action Waiver (where enforceable):** To the extent permitted by applicable law, you agree that any dispute resolution will be conducted on an individual basis only. You waive any right to participate in a class action, class arbitration, collective action, or other representative proceeding against us.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

## 14. Changes to These Terms

We may revise these Terms from time to time. The "Effective Date" and "Last Updated" dates at the top will be updated to reflect the current version. For material changes that adversely affect existing users or subscribers, we will provide notice via email to the address associated with your account, a prominent notice on the Site, or a notification in your account dashboard, with reasonable advance notice where practicable or required by law (e.g., 30 days).

Your continued use of the Site or Services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services and may cancel any active Subscriptions in accordance with the refund and cancellation policies above.

## 15. Miscellaneous Provisions

- **Entire Agreement:** These Terms, together with our Privacy Policy and any specific product documentation, pricing terms, or additional agreements you enter into with us, constitute the entire agreement between you and RSM Spark concerning the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether written or oral).
- **Severability:** If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed. The remaining provisions shall continue in full force and effect.
- **Waiver:** Our failure or delay in exercising any right, power, or remedy under these Terms shall not constitute a waiver of that or any other right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of RSM Spark to be effective.
- **Assignment:** You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms and our rights and obligations (in whole or in part) to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, with or without notice. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
- **Notices:** We may provide notices to you via email to the address on file with your account, through your account dashboard, or by posting on the Site. You are responsible for keeping your email address current. Notices to us should be sent to the contact addresses listed in the Privacy Policy or via the Site's contact form.
- **Export Compliance:** You represent and warrant that you are not located in any country or territory that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control laws and regulations.
- **Relationship of the Parties:** Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and RSM Spark. Neither party has authority to bind the other or to incur any obligation on the other's behalf.
- **Headings:** The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
- **Force Majeure:** We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, pandemics, or failures of utilities or telecommunications.

## 16. Contact Information

For questions about these Terms, support issues, billing, refunds, or legal matters:

- **General Support & Technical Issues:** Use the support or contact form on rsmspark.com or email support@rsmspark.com
- **Billing, Subscriptions & Account Issues:** Via your account dashboard or the support channels above
- **Privacy, Legal, DMCA, or Formal Notices:** privacy@rsmspark.com or the mailing address in the Privacy Policy

We strive to respond to support inquiries within 1–2 business days and to more complex legal or billing matters as promptly as possible.

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**Thank you for using RSM Spark products.**

We are dedicated to building high-quality, practical WordPress tools that help site owners, developers, and agencies work more efficiently. Your feedback, support, and adherence to these Terms help us maintain a sustainable business and continue improving the ecosystem for everyone.

*These Terms are provided as a professional starting template. They are not legal advice. Because software licensing, consumer protection, subscription billing, and liability rules vary by jurisdiction and can change, we strongly recommend that a qualified attorney review and customize these Terms (and the accompanying Privacy Policy) to fit your exact business practices, data flows, license structures, and the jurisdictions in which you operate or have users before publishing them on rsmspark.com.*