Terms of Use

Agreement to Terms

Welcome to Ally Spark ("Ally Spark," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Ally Spark website located at www.allyspark.com (the "Site") and any related services, content, or features we provide (collectively, the "Services").

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.

About Ally Spark

Ally Spark provides healthcare partnership consulting services to help healthcare technology companies accelerate market access and develop strategic partnerships. Information provided on this Site is for general informational purposes about our services and does not constitute a consulting engagement or professional advice.

Service Engagements: Specific consulting services are governed by separate written agreements (such as Statements of Work or consulting contracts) between Ally Spark and clients. These Terms apply only to use of our website, not to professional services engagements.

Use of the Site

Permitted Use

You may use our Site to:

Learn about our services and expertise
Contact us with inquiries
Subscribe to our communications (if available)
Access publicly available resources and content
Schedule consultation calls or meetings

Prohibited Use

You may not:

Use the Site for any unlawful purpose or in violation of these Terms
Attempt to gain unauthorized access to any portion of the Site or our systems
Interfere with or disrupt the Site's operation or servers
Use automated systems (bots, scrapers, etc.) to access the Site without permission
Collect or harvest information about other users
Impersonate any person or entity or misrepresent your affiliation
Upload or transmit viruses, malware, or other harmful code
Use the Site to send spam or unsolicited communications
Violate any applicable laws or regulations

User Accounts

Currently, our Site does not require user accounts. If we introduce account functionality in the future, additional terms will apply.

Intellectual Property Rights

Our Content

All content on this Site, including but not limited to text, graphics, logos, images, audio, video, software, and design elements (collectively, "Site Content"), is owned by or licensed to Ally Spark and is protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Site Content for personal, non-commercial purposes. This license does not include:

The right to reproduce, distribute, or publicly display Site Content
The right to modify, adapt, or create derivative works
The right to use Site Content for commercial purposes
Any rights to our trademarks, service marks, or logos

Trademarks

"Ally Spark" and our logo are trademarks of Ally Spark. You may not use our trademarks without our prior written permission.

Your Content

If you submit content to our Site (such as through contact forms, comments, or feedback), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such content for business purposes. You represent that you own or have the necessary rights to any content you submit.

Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources. These links are provided for convenience only. We do not endorse, control, or assume responsibility for:

The content, accuracy, or practices of third-party sites
The privacy policies of third-party sites
Any transactions you conduct with third parties
Products or services offered by third parties

Your use of third-party sites is at your own risk and subject to their terms and policies.

Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

Accuracy and Completeness: We do not warrant that Site Content is accurate, complete, current, or error-free
Availability: We do not guarantee the Site will be available, uninterrupted, secure, or error-free
Fitness for Purpose: We do not warrant the Site will meet your specific requirements or expectations
Non-Infringement: We do not warrant that use of the Site will not infringe third-party rights

No Professional Advice: Information on this Site is for general informational purposes only and does not constitute professional consulting advice, recommendations, or opinions. Do not rely on Site Content as a substitute for professional consultation or advice specific to your situation.

No Client Relationship: Accessing this Site or contacting us through the Site does not create a consulting relationship. Client relationships are established only through signed written agreements.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALLY SPARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Liability Cap

If, notwithstanding the above, we are found liable, our total liability shall not exceed the greater of: (a) $100, or (b) the amount you paid to access the Site (which is currently $0).

Exceptions

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Ally Spark, its owners, employees, consultants, and affiliates from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Site
Your violation of these Terms
Your violation of any third-party rights
Any content you submit to the Site
Your violation of applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

Privacy and Data Protection

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

Key points:

We collect information you provide and information collected automatically
We use cookies and similar technologies (managed through browser settings)
We may record consultation calls with your consent
You have rights regarding your personal information
We do not sell your personal information

Communications and Notices

Electronic Communications

By using the Site, you consent to receive electronic communications from us, including:

Responses to your inquiries
Information about our services
Updates to these Terms or our Privacy Policy
Marketing communications (if you have opted in)

You may opt out of marketing communications using the unsubscribe link in emails or by contacting us at info@allyspark.com.

Notice to Ally Spark

Notices to Ally Spark must be sent to:

Ally Spark
Attn: Legal
Denver, CO
Email: info@allyspark.com

Notices are deemed received when we acknowledge receipt or three (3) business days after sending, whichever is earlier.

Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

We will update the "Last Updated" date at the top of this page
Material changes may be communicated via email or prominent Site notice
Your continued use of the Site after changes constitutes acceptance

We encourage you to review these Terms periodically. If you do not agree to modified Terms, you must stop using the Site.

Modifications to the Site

We reserve the right to:

Modify, suspend, or discontinue any aspect of the Site at any time
Impose limits on certain features or restrict access to parts or all of the Site
Make changes without notice or liability

We may also remove or refuse to post any content for any reason without notice.

Termination

We reserve the right to:

Terminate or suspend your access to the Site at any time, with or without cause or notice
Refuse service to anyone for any reason
Remove or disable content that violates these Terms or is otherwise objectionable

Upon termination:

Your right to use the Site immediately ceases
Provisions that by their nature should survive termination shall survive (including intellectual property rights, disclaimers, indemnification, and dispute resolution)

Geographic Restrictions

Ally Spark operates from Denver, Colorado, USA. We make no representation that the Site or Services are appropriate or available for use outside the United States. If you access the Site from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Colorado and the United States, without regard to conflict of law principles. Any disputes arising from these Terms or use of the Site shall be resolved in accordance with Colorado law.

Jurisdiction and Venue

You agree that any legal action or proceeding related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Denver County, Colorado. You consent to personal jurisdiction and venue in these courts.

Informal Resolution

Before filing any formal dispute, you agree to first contact us at info@allyspark.com to attempt to resolve the matter informally. We will attempt to resolve disputes in good faith.

No Class Actions

You agree to bring disputes only in your individual capacity and not as part of any class, consolidated, or representative action. Class arbitrations, class actions, and representative actions are not permitted.

Time Limit for Claims

Any claim arising from these Terms or use of the Site must be brought within one (1) year after the claim arises, or it is permanently barred.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ally Spark regarding use of the Site and supersede any prior agreements or understandings.

Note: Client consulting services are governed by separate written agreements (Statements of Work, Master Services Agreements, etc.). Those agreements take precedence over these Terms for matters related to service delivery.

Severability

If any provision of these Terms is found invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction. Any prohibited assignment is void.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or government actions.

Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

Contact Information Accuracy

You are responsible for providing accurate contact information and keeping it current. We are not responsible for communications sent to incorrect or outdated contact information you provided.

Special Terms for Consultations

No Obligation

Participating in an initial consultation or discovery call does not obligate you to engage our services or create a consulting relationship. Similarly, we are not obligated to accept you as a client.

Confidentiality During Consultations

During consultation calls, you may share information about your business. While we treat such information with professional confidentiality:

Formal confidentiality protections apply only upon signing a mutual NDA or consulting agreement
We recommend not sharing highly sensitive proprietary information during initial consultations
We may use general insights gained (without identifying information) to improve our services

Recording Consent

We may record consultation and discovery calls for quality assurance, training, and service improvement. You will be notified at the start of any recorded call and may decline or request the recording be stopped. See our Privacy Policy for more details on how recordings are handled.

Questions and Contact

If you have questions about these Terms of Service, please contact us:

Ally Spark
Denver, CO
Email: info@allyspark.com
Website: www.allyspark.com

Acknowledgment

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

These Terms of Service are effective as of the date listed above.