BoardSpark

Legal

Terms of Use

Last updated: July 1, 2026

1. Introduction and Acceptance

These Terms of Use are entered into by and between you and Growing Good Consulting, LLC, d/b/a BoardSpark, a limited liability company operating from the State of Missouri (“Company,” “BoardSpark,” “we,” “us,” or “our”). These Terms, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of the website located at boardspark.net and the BoardSpark application and related services (collectively, the “Services”), whether as a guest, a registered user, or a subscriber.

Please read these Terms and our Privacy Policy carefully and in full before using the Services. They contain important information about your legal rights and obligations, including limitations of your rights and exclusions that may apply to you.

The Services are offered to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent that you meet these eligibility requirements and, if you are using the Services on behalf of an organization, that you have authority to bind that organization to these Terms.

By using the Services or by clicking to accept or agree to these Terms, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree, you must not access or use the Services.

2. Definitions

  • Company refers to BoardSpark LLC.
  • You or User means the individual accessing the Services, and the organization on behalf of which such individual is accessing the Services, as applicable.
  • Website refers to https://boardspark.net and all of its affiliated pages, policies, and disclaimers.
  • Services refers to the Website and the BoardSpark application (whether accessed via browser or otherwise) and related features.
  • Subscription refers to a paid plan giving you or your organization access to the BoardSpark application.

3. Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. However, changes to the dispute-resolution provisions below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted. Your continued use of the Services following the posting of revised Terms means you accept and agree to the changes.

4. Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your account or internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources they offer, you may be asked to provide registration or subscription details. It is a condition of your use that all information you provide is correct, current, and complete, and is governed by our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person. You agree to notify us immediately of any unauthorized access to your account. We have the right to disable any username, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms.

5. Subscriptions, Billing, and Refunds

Access to the BoardSpark application requires a paid Subscription unless expressly offered on a free or trial basis. By subscribing, you authorize us and our payment processor to charge the payment method you provide for the applicable Subscription fees.

  • Billing cycle. Subscriptions are billed in advance on a monthly or annual basis according to the plan you select.
  • Automatic renewal. Subscriptions automatically renew for successive terms unless canceled before the end of the then-current term. You may cancel at any time; cancellation takes effect at the end of the current billing period.
  • Fees and taxes. All fees are in U.S. dollars and exclude applicable taxes, which you are responsible for.
  • Price changes. We may change Subscription prices from time to time. Any price change will apply no earlier than 30 days after notice to you and will not take effect until the start of a new billing period.
  • Refunds. Except where required by law, Subscription fees are non-refundable. We do not provide refunds or credits for partial billing periods.
  • Non-payment. If a payment is not successfully settled, we may suspend or terminate your access until payment is received.

6. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms and payment of applicable Subscription fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your and your organization’s internal business purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services except as expressly permitted by these Terms.

You must not:

  • Modify copies of any materials from the Services.
  • Delete or alter any copyright, trademark, or other proprietary rights notices.
  • Use the Services to build, train, or benchmark a competing product or service.

You retain all rights in the data your organization submits to the Services (“Customer Data”). You grant us a worldwide, royalty-free license to host, store, process, and transmit Customer Data solely as necessary to provide the Services and as otherwise permitted by our Privacy Policy.

7. Trademarks

“BoardSpark,” the BoardSpark logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without our prior written permission.

8. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting or harming minors in any way.
  • To send or upload any material that does not comply with the Content Standards in Section 10.
  • To transmit any advertising or promotional material without our prior written consent, including “junk mail,” “chain letters,” or “spam.”
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that may harm Company or users.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services.
  • Use any robot, spider, or other automatic device to access the Services for any purpose without our prior written consent.
  • Introduce any viruses, Trojan horses, worms, or other malicious code.
  • Attempt to gain unauthorized access to any parts of the Services, the server on which the Services are stored, or any connected server or database.
  • Attack the Services via denial-of-service or distributed denial-of-service.
  • Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent this restriction is prohibited by applicable law.

9. User Contributions

The Services may allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”). All User Contributions must comply with the Content Standards in Section 10.

By providing any User Contribution, you grant us and our service providers a license to host, store, reproduce, modify, display, and transmit that content solely as necessary to provide the Services to you and your organization.

You represent and warrant that (a) you own or control all rights in the User Contributions and have the right to grant the license above; and (b) all of your User Contributions comply with these Terms. You are responsible for any User Contributions you submit, including their legality, reliability, accuracy, and appropriateness.

10. Content Standards

User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or rights of any other person.
  • Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

11. Monitoring, Enforcement, and Termination

Notice to New Jersey users: this section does not apply to you.

We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to the Services for any reason, including if we believe you have violated these Terms. You agree that we will not be liable to you or any third party for any termination of your access.

Upon termination, your right to use the Services will cease immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

12. Reliance on Information Posted

The information presented on or through the Services is made available solely for general informational and operational purposes. BoardSpark provides tools to help you and your organization track board engagement; we do not warrant the accuracy, completeness, or usefulness of any information you enter or receive through the Services, and we do not provide legal, tax, accounting, fundraising, or other professional advice. Any reliance you place on such information is strictly at your own risk.

13. Changes to the Services

We may update the Services from time to time, including by adding, modifying, or removing features. We are under no obligation to keep any particular content or feature current or available.

14. Information About You and Your Visits

All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us concerning your information in compliance with the Privacy Policy.

15. Linking and Third-Party Sites

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link that suggests any form of association, approval, or endorsement on our part without our express written consent.

The Services may contain links to third-party websites or resources provided for your convenience. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. Geographic Restrictions

BoardSpark is operated from the State of Missouri in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. SMS/Text Messaging Program

If you opt in, the BoardSpark application sends recurring automated reminders and updates to the mobile number you provide. Consent is not a condition of purchase or of using the Services. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time. For help, email hello@boardspark.net. Carriers are not liable for delayed or undelivered messages.

18. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE FOREGOING, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU OR YOUR ORGANIZATION TO COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including any User Contributions, any use of the Services’ content, or any use of information obtained from the Services.

21. Governing Law and Jurisdiction

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri, without giving effect to any choice or conflict of law provision or rule.

Subject to Section 21 (Dispute Resolution), any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri located in Missouri, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to jurisdiction and venue in such courts.

22. Dispute Resolution

A. Agreement to Arbitrate and Waiver of Class Actions

The parties agree that any dispute, claim, or controversy arising out of or relating to the Services, these Terms, our Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”) will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Missouri.

You acknowledge and agree that both you and Company are waiving the right to a trial by jury and the right to participate as a plaintiff class representative or class member in any purported class action or representative proceeding. Unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. If this paragraph is held unenforceable, the entirety of this “Dispute Resolution” section will be deemed void.

The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.

B. Arbitration Rules

The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the “JAMS Procedures”), available at jamsadr.com or by calling 1-800-352-5267. The parties expressly agree that JAMS may not administer any multi-claimant or class arbitration; arbitration will be limited to individual claims only.

C. Dispute Notice and Arbitration Process

Prior to initiating an arbitration proceeding, you must first send Company a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (a “Dispute Statement”) to hello@boardspark.net. If we are unable to resolve your claim within thirty (30) days of receipt, either party may initiate arbitration by providing the other with a written Demand for Arbitration as specified in the JAMS Procedures.

D. Arbitration Location and Procedure

Unless the parties otherwise agree, the arbitration will be conducted in Missouri. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely based on documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures.

E. Arbitrator’s Decision

The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having competent jurisdiction. The arbitrator’s award of damages must be consistent with Sections 17 and 18 above. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

F. Time Limit for Resolving Disputes

The parties agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the Dispute arises, notwithstanding any statute of limitations to the contrary. Many states’ laws set statutes of limitations longer than one year; by agreeing to these Terms you agree to shorten the time you have to bring a claim.

Notice to New Jersey users: your agreement to this provision shortens the time within which you may bring a Dispute.

G. Right to Opt Out

You may opt out of the arbitration and class-waiver provisions in this section by sending a written message to hello@boardspark.net within thirty (30) days of your first use of the Services that specifies your (i) name, (ii) mailing address, and (iii) request to be excluded from arbitration and the waiver of class and representative proceedings. If you do not opt out, the terms of this section will apply.

23. Waiver

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

24. Severability

If any provision of these Terms or our Privacy Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

25. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

26. Contact Information

Questions, comments, and concerns about these Terms should be sent to:

Email: hello@boardspark.net
Company: BoardSpark LLC
Missouri, USA