Ask the VenueTerms of Service
Effective date: November 9, 2026
These terms cover your use of Ask the Venue, an AI website assistant service provided by Spark Punch LLC ("Spark Punch," "we," "us"), 423 San Anselmo Ave #A, San Anselmo, CA 94960. By starting a trial or subscription, you ("Customer") agree to these terms. You confirm you are using the service for business purposes and have authority to bind the business you represent.
1. The service
Ask the Venue provides a chat assistant for your website. It answers visitor questions using only information you provide or approve, identifies itself as AI, and shows a consent notice before each chat begins. When a visitor chooses to send you their details, we email their message to the address you designate, together with the chat if the visitor chooses to include it.
2. Free trial, price, and billing
New customers get a 30-day free trial. Unless you cancel before the trial ends, your subscription renews automatically each month at $149 (plus applicable taxes) until canceled. We will email you a reminder before your trial converts to a paid subscription. There is no setup fee. Fees are billed monthly in advance. Payments are processed by Stripe on behalf of Spark Punch LLC. We may change prices with at least 30 days' written notice by email; the new price applies from your next billing period after the notice.
3. Cancellation and refunds
You can cancel online at any time through the billing portal link we email you. The same portal is here: Manage billing.
- During the trial: cancel before the trial ends and you won't be charged.
- After the trial: fees are non-refundable, including for partial months. When you cancel, the service continues through the end of the month you've paid for, and you won't be charged again.
- Errors: we will refund any charge made in error. We may also issue refunds or credits at our discretion.
4. Your content and responsibilities
- Accurate facts. You're responsible for the accuracy of the venue information you give us. You'll review and approve facts before they go live and tell us promptly when anything changes.
- Your website. You confirm you have the right to place the assistant on your website.
- Notice and privacy policy. You'll display our consent notice unchanged and keep a privacy policy on your site that covers the chat and the leads you receive. You won't remove or alter the notice, or let a chat start without it.
- Leads you receive. Once a lead email is delivered to you, you are responsible for how you store, use and protect it, under the law that applies to you.
- Lawful use. You won't use the service for unlawful, deceptive or harmful purposes.
5. AI limitations
The assistant is designed to answer only from approved information, to check its answers, and to hand off questions it can't answer. AI can still make mistakes. The assistant does not make binding offers, confirm bookings or availability, or quote final prices on your behalf. You are responsible for confirming details directly with your customers.
6. Ownership
- Ours. Spark Punch LLC owns the service, including its software, design, the Ask the Venue name and all improvements. We give you a non-exclusive, non-transferable right to use it during your subscription.
- Yours. You own your venue content. You give us a license to use, copy and display it only to provide the service to you.
- Feedback. If you send us suggestions, we may use them without obligation to you.
7. Visitor data and data processing
7.1 Our role
For visitor information, we act as your service provider. We process it only on your behalf and only to run the service, as described in our Privacy Policy.
7.2 What happens to chats
Your messages pass through Ask the Venue (Spark Punch LLC) and our AI provider, OpenRouter, to generate answers. Neither of us keeps your messages after replying, and neither uses them to train AI. Your chat is sent by email only if you ask: to yourself (“Email me a copy”) or to the venue (when you send them your details). Our email provider keeps a delivery copy for up to 30 days, then deletes it. Once delivered, your copy is yours and the venue's copy is theirs.
7.3 What we keep
A consent record for each chat (time, venue, notice version and a random chat ID, with no name, email, IP address or chat text), for about 4 years, to show the notice was accepted.
7.4 Our commitments
We will:
- not sell or share visitor information, or use it for advertising or any purpose of our own;
- not use visitor content to train AI models, and require our AI providers not to either;
- use only the subprocessors listed in our Privacy Policy, and give notice by email before adding a new one;
- use reasonable security measures;
- tell you without undue delay if we learn of a security incident affecting your visitors' information;
- help you respond to visitor requests to access or delete their information, where we hold any.
7.5 California law
Where the California Consumer Privacy Act applies to you, we act as your "service provider," and we will not retain, use or disclose visitor personal information outside our direct business relationship with you, or combine it with information from other sources, except as that law allows.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AI ANSWERS WILL BE ACCURATE, OR THAT THE SERVICE WILL PRODUCE ANY NUMBER OF LEADS OR BOOKINGS.
9. Limitation of liability
9.1 Cap
TO THE EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.
9.2 No indirect damages
TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BOOKINGS OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.
9.3 Exclusions
Sections 9.1 and 9.2 do not limit (a) liability for fraud, willful injury, gross negligence or violation of law, to the extent California Civil Code section 1668 does not allow it to be limited; (b) your obligation to pay fees owed; or (c) your obligations under Section 10.
10. Indemnity
You will defend and indemnify Spark Punch against third-party claims arising from (a) the venue information you provide or approve, (b) your website or your failure to display the consent notice or keep a privacy policy as required by Section 4, or (c) your use of leads after delivery. We will give you prompt notice of the claim and reasonable cooperation.
11. Termination
We may suspend or end the service if you breach these terms, don't pay, or remove or alter the consent notice. You may stop using it at any time. When the service ends, the widget stops working on your site and we delete your venue configuration within 90 days. Sections 6 (Feedback), 8, 9, 10, 12 and 13 survive termination.
12. Governing law and disputes
These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Marin County, California, and both parties consent to their jurisdiction. Either party may bring a qualifying claim in small claims court.
13. General
We may update these terms by posting a new version and emailing you at least 30 days before material changes take effect. These terms are the entire agreement between us about the service. If any part is unenforceable, the rest stays in effect. You may not assign these terms without our consent; we may assign them in connection with a merger, sale or reorganization.
14. Contact
Questions about these terms: legal@askthevenue.com, or by mail to Spark Punch LLC, 423 San Anselmo Ave #A, San Anselmo, CA 94960.