Terms of Service

1. Operator and acceptance

queryclear is a brand operated by SparkCreatives Inc. “queryclear,” “we,” “us,” and “our” refer to SparkCreatives Inc.. Our mailing address is 6120 Caladesi Ct, Jacksonville, FL 32258. queryclear service fees are payments for services, not charitable contributions.

These terms apply to the queryclear website, automated previews, paid audits, projects, subscriptions, and related communications. By using the site you agree to the website provisions. By checking the acceptance box and purchasing, or by signing a statement of work (“SOW”), you agree to the applicable commercial provisions and our Privacy Policy.

Services are offered to business customers. You represent that you are at least 18, have authority to act for the business, and may lawfully submit the website, materials, accounts, and instructions involved.

2. Website and acceptable use

You may use the site only for lawful business purposes. You may not:

• attempt to access private systems, credentials, reports, administrative areas, or data without authorization;
• submit malware, abusive traffic, private-network targets, credentialed URLs, or content that infringes another person’s rights;
• circumvent rate limits, security controls, eligibility checks, or payment requirements;
• misrepresent identity, authority, business facts, reviews, credentials, locations, claims, or source material;
• use an audit or report to harass, deceive, unlawfully profile, or make unsupported claims about another business.

We may block, suspend, or investigate activity that threatens the service, providers, customers, or third parties.

3. Free automated readiness preview

The free product is an automated, read-only readiness preview of publicly accessible material. It may use one or more crawlers, rules, automated models, caches, and sample prompts. It is point-in-time, incomplete, and may contain errors. Modeled or sampled results are not represented as verified output from every named search or AI engine.

The preview is informational and is not a comprehensive SEO, accessibility, security, privacy, legal, medical, or regulatory audit. It does not include implementation, support, or a promise to retain a report.

4. $497 AI Search Audit

Unless a written order says otherwise, the fixed audit includes:

• one public website and up to 10 public URLs;
• up to 12 total prompt-engine observations distributed across up to 3 named engines selected at kickoff;
• seven-layer evidence-linked scoring, technical findings, labeled answer samples, and a prioritized roadmap;
• delivery within 7 business days after complete intake;
• one 45-minute walkthrough and one factual-correction round.

Each prompt × engine check consumes one observation; for example, checking the same prompt in three engines uses three observations. Answer samples identify the engine, prompt, date, and access method and distinguish live, modeled, and manually observed results where applicable. The audit does not include website edits, private or login-gated systems, additional domains, or the exclusions stated on the product page.

The $497 fee may be credited once toward a Website Upgrade or Website Build of $2,500 or more for the same site if the implementation SOW is signed within 60 days after report delivery. The credit is not cash, cannot exceed the implementation fee, and cannot be combined unless agreed in writing.

5. Upgrades and website builds

Website Upgrades and Builds require a signed SOW before work begins. The SOW identifies pages, platform, deliverables, exclusions, client dependencies, access, milestones, fees, payment schedule, revision rounds, acceptance, ownership, launch, correction period, support, and change-order procedure. “From” prices describe the published base scope, not a quote for unknown requirements.

Work outside the signed scope requires written approval and may change price and schedule. If an SOW conflicts with these Terms, the SOW controls for that engagement.

6. AI Search Care Plan

The Care Plan is available only after queryclear confirms the site’s baseline, platform, access, approval workflow, and scope eligibility in writing. It costs $997 per month unless the written enrollment says otherwise.

The plan includes the monthly items and boundaries published on the Care Plan page. An update is one small approved change to one existing page or shared template involving copy, metadata, schema, or internal links. Up to two updates are included per billing month; unused updates do not roll over. New pages, redesigns, migrations, custom development, emergencies, and third-party fees are separate work.

The plan is month-to-month with no long-term commitment. Cancel by emailing [email protected] before the next renewal. Cancellation stops future renewals and service continues through the paid period. Paid periods are not prorated except where law requires.

7. Fees, taxes, cancellations, and refunds

Prices are in U.S. dollars and exclude applicable taxes and third-party costs unless stated. You authorize Stripe to charge the disclosed one-time or recurring amount. Failed or disputed payments may pause work.

For the $497 audit, email us immediately to cancel. We provide a full refund if substantive research has not begun. Once research begins, the fee is non-refundable except where required by law or if we cannot deliver the agreed scope. Project cancellation, deposits, milestones, and refunds are governed by the SOW. Client delay pauses delivery and does not by itself create a refund right.

8. Client responsibilities

You are responsible for:

• accurate, complete, and timely business facts, source material, access, feedback, and approvals;
• the legality and substantiation of services, claims, credentials, reviews, images, testimonials, pricing, offers, and regulated content;
• backups and authorized access unless the SOW assigns those duties to us;
• reviewing staging or preview work and obtaining legal, medical, privacy, accessibility, security, or regulatory advice appropriate to your business;
• maintaining third-party accounts, subscriptions, domains, licenses, and post-handoff security.

Do not send credentials or sensitive data through public forms. Paid work requiring access must use the secure method agreed at kickoff.

9. Intellectual property and publicity

You retain ownership of materials you provide. Subject to full payment, client-specific deliverables are licensed or assigned as stated in the SOW. queryclear and SparkCreatives Inc. retain pre-existing code, frameworks, rubrics, templates, tools, processes, improvements, generalized know-how, and third-party components.

Third-party software and assets remain subject to their own licenses. We will not publish your name, logo, testimonial, confidential results, or a case study without written permission. Permission may be revoked prospectively, but does not require recall of materials already lawfully distributed.

10. Confidentiality and security

Each party will use reasonable care to protect non-public information received for an engagement and use it only for delivery, administration, legal compliance, and agreed purposes. Confidentiality does not cover information that is public without breach, independently developed, already lawfully known, or lawfully received from another source. Required disclosures may be made when legally compelled.

No internet service is risk-free. Any project-specific security, data-processing, incident, or subprocessor commitments must be stated in the SOW or a signed data-processing or security addendum.

11. Third-party systems

Search engines, AI tools, hosting providers, analytics, CMS platforms, payment providers, email services, booking tools, and other third parties control their own availability, rules, outputs, pricing, and changes. We are not responsible for their decisions, outages, policy changes, lost access, or content removal, but we will perform the specific integration or validation duties accepted in writing.

12. No outcome guarantee

We commit to the agreed process and deliverables, not third-party outcomes. We do not guarantee rankings, indexing, traffic, leads, conversions, revenue, recommendations, AI citations, or any specific answer. Search and AI outputs are probabilistic, personalized, dynamic, and controlled by third parties.

Except for express written commitments, services and website materials are provided “as is” and “as available,” to the maximum extent permitted by law. We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement to that extent.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity arising from the services.

To the maximum extent permitted by law, queryclear’s aggregate liability arising from a service is limited to the greater of $500 or the fees you paid queryclear for that service during the six months before the event giving rise to the claim. These limits do not apply where liability cannot lawfully be limited, or to fraud or willful misconduct.

14. Governing law and disputes

Florida law governs these Terms without regard to conflicts rules. Before filing a claim, the parties will attempt in good faith for 30 days to resolve it after written notice. Unless a signed SOW says otherwise or law requires another forum, state and federal courts in Duval County, Florida have exclusive jurisdiction, and each party consents to that venue.

15. General terms and contact

Neither party may assign an active engagement without consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets. Delay in enforcement is not a waiver. If one provision is unenforceable, the remainder stays effective. Electronic records, checkboxes, and signatures may be used to evidence agreement.

We may update website terms prospectively by changing the version and date above. The accepted version continues to govern an existing paid order unless the parties agree otherwise or a required legal change is communicated. These Terms, the accepted order, Privacy Policy, and any signed SOW or addendum form the complete agreement for their subject.

Questions or legal notices: SparkCreatives Inc., 6120 Caladesi Ct, Jacksonville, FL 32258, or [email protected].