Terms of Service

1. Acceptance of these terms

These Terms of Service (“Terms”) are a legal agreement between you and the publisher of the Sparko Android application (“Sparko,” “we,” “us,” or “our”). By downloading, installing, opening, or using Sparko, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not install or use Sparko.

2. Eligibility

To use Sparko you must:

• Be at least 18 years old (or the age of majority where you live).
• Have the legal capacity to enter into a binding contract.
• Not be barred from using the app under the laws of your jurisdiction.
• Be an active driver on a delivery platform, or otherwise have a lawful reason to interact with that app.

3. License to use Sparko

Subject to your compliance with these Terms and your active subscription or free trial, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Sparko on a single Android device that you own or control, for your personal, non-commercial use as a delivery driver.

You agree not to:

• Copy, modify, reverse-engineer, decompile, or attempt to extract the source code of Sparko, except to the limited extent this restriction is prohibited by applicable law.
• Sublicense, rent, lease, sell, resell, or otherwise transfer Sparko or your subscription to a third party.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Use Sparko to provide a commercial service to third parties (e.g. running a fleet of phones for hire) without our written permission.
• Circumvent the device-binding mechanism or any other technical measure we use to enforce these Terms.

4. Subscription, free trial & billing

4.1 Free trial

New users receive a 7-day free trial with access to all features. The trial begins on first launch and is tracked locally on your device. If you uninstall and reinstall Sparko, the trial does not reset. Only one trial per Google Play account is permitted.

4.2 Subscription

After the trial expires, continued use of Sparko requires an active subscription purchased through Google Play. Subscription prices, billing intervals, and renewal terms are shown to you at the point of purchase in Google Play and may vary by country.

4.3 Auto-renewal

Subscriptions auto-renew through your Google account at the then-current price unless you cancel at least 24 hours before the end of the current period. You can manage and cancel subscriptions any time at Google Play → Subscriptions.

4.4 Refunds

Refunds are handled by Google Play in accordance with Google’s refund policy. We do not separately process refunds. Where required by mandatory local consumer law (for example, EU/UK statutory withdrawal rights), those rights apply regardless of Google’s policy.

4.5 Price changes

We may change subscription prices for future billing cycles. Google Play will notify you of any price change and require your consent where required by law. If you do not consent, your subscription will not renew at the new price.

5. Device binding (one device per subscription)

Each Sparko subscription is licensed for one Android device at a time. To enforce this, Sparko registers a random device identifier (a UUID generated on your phone — not a hardware ID) against your Google Play purchase token using Google Cloud Firestore. See the Privacy Policy for details.

You can transfer your subscription to a new device by installing Sparko there and signing in with the same Google account. Sparko will release the previous device the next time it connects.

6. Acceptable use

You agree not to use Sparko to:

• Violate any law, regulation, or third-party right.
• Violate the terms of service of any delivery platform or any other third-party service.
• Drive a vehicle while operating the app in an unsafe manner. Sparko is intended to be configured while parked.
• Interfere with the integrity or performance of the app, including the device-binding mechanism.
• Attempt to gain unauthorized access to our systems, Firestore, or the accounts of other users.
• Use the app to harass, defraud, or harm any person.
• Run the app on a rooted device, emulator, or other environment where you cannot guarantee the integrity of Android security.
• Resell access to the app or to features behind the subscription.

You are solely responsible for your use of the app, including any taps, accepts, scrolls, or other actions Sparko performs on your behalf based on the rules you configured.

7. Third-party services

7.1 Delivery platform

Sparko is an independent tool, not affiliated with, endorsed by, or sponsored by any delivery platform. Your relationship with any delivery platform, and your obligations as a driver, are governed entirely by the contract and terms you have with that platform, not by us.

Any delivery platform may, at its discretion, change its app, restrict use of automation, suspend or terminate your driver account, or take any other action it considers appropriate. We have no control over and no responsibility for those decisions. You use Sparko at your own risk with respect to your driver account on any delivery platform.

7.2 Google Play & Firebase

Sparko is distributed through Google Play and uses Google Firebase services. Your use of Google Play and Firebase is governed by Google’s own terms and privacy policies. We are not responsible for outages, billing errors, account suspensions, or other actions taken by Google.

8. Intellectual property

Sparko, including all source code, designs, graphics, text, and trademarks (“Sparko Materials”), is owned by us or our licensors and is protected by copyright, trademark, and other laws. Except for the limited license in Section 3, no rights are granted to you. You may not use the Sparko name, logo, or other branding without our prior written permission.

You retain ownership of the filter rules, tap coordinates, swipe paths, and other settings you create inside the app. You grant us no rights to them — they stay on your device.

9. Updates & changes to the app

We may release updates, bug fixes, and new features over time, and we may also discontinue features or the app itself. Where reasonably possible, we will give advance notice of discontinuation through Google Play. Continued use of Sparko after an update constitutes acceptance of that update.

10. Disclaimers

Sparko is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation.

We do not warrant that:

• Sparko will detect every offer, or that it will detect them quickly enough for your use case.
• Sparko will correctly classify every offer (the delivery app may change layouts, wording, or fields at any time).
• Use of Sparko will increase your earnings, acceptance rate, or driver rating.
• Use of Sparko will not cause a delivery platform to suspend, restrict, or terminate your driver account.
• The app will be available 24/7, error-free, or compatible with every Android device or OS version.

You acknowledge that Sparko depends on the layout and behaviour of the delivery app, which is outside our control. Changes to that app may temporarily or permanently break Sparko functionality.

11. Limitation of liability

To the maximum extent permitted by law, in no event will Sparko, its developers, or its affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost earnings opportunities, lost data, loss of goodwill, account suspension or termination by a third party (including any delivery platform), business interruption, or substitute service costs, even if we have been advised of the possibility of such damages.

Our total cumulative liability for any and all claims arising out of or relating to Sparko or these Terms shall not exceed the greater of (a) the total amount you have paid us through Google Play for Sparko in the 12 months preceding the event giving rise to the claim, or (b) USD 25.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law (such as liability for gross negligence, willful misconduct, or fraud).

12. Indemnity

You agree to defend, indemnify, and hold harmless Sparko and its developers from any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the app; (b) your violation of these Terms; (c) your violation of any third-party right, including any delivery platform’s terms with you; or (d) any content or instructions you configure in the app.

13. Termination

You may stop using Sparko at any time by uninstalling the app and, if applicable, cancelling your subscription in Google Play. We may suspend or terminate your license — including blocking the device-binding record associated with a purchase token — if we reasonably believe you have violated these Terms, attempted to circumvent the device-binding mechanism, or used the app unlawfully. On termination, Sections 8, 10, 11, 12, 14, and 15 survive.

14. Governing law & disputes

These Terms are governed by the laws of the jurisdiction in which the publisher of Sparko is established, without regard to its conflict-of-laws rules. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of that jurisdiction, except where applicable consumer law gives you the right to bring proceedings in your country of residence.

We encourage you to contact support@sparko.app first so we can attempt to resolve your concern directly.

15. General terms

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding Sparko, superseding any prior agreement.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Changes. We may update these Terms from time to time. Material changes will be notified in-app or via Google Play. Continued use after the change constitutes acceptance.
• Headings. Section titles are for convenience only.

16. Contact

Questions about these Terms? Email support@sparko.app.