Terms and Conditions

Last Updated: August 2026

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Sparke mobile application (the "App") operated by Sparke LLC ("us", "we", or "our").

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the App.

1. Acceptance of Risk & Nature of the Service

1.1 End-to-End Encryption (E2EE): Sparke is an end-to-end encrypted messaging, journaling, and content-sharing application. We do not possess the decryption keys to your data. You acknowledge and agree that if you lose access to your account, your device, or your pairing connection, we cannot recover your encrypted data.

1.2 Device Security & Decoy Features: The App provides advanced local security features, including App Lock (Biometrics/PIN) and App Disguise (Decoy Calculator, Weather, or Notes screens). You acknowledge that these features are designed for local privacy management on your physical device. You are solely responsible for securing your device and remembering your secret PINs. We cannot bypass a decoy screen or recover a forgotten PIN for you. We are not liable for any unauthorized access to your device by third parties or individuals with whom you share physical access to your device.

2. Disclaimer of Warranties ("AS IS")

THE APP AND ALL OF ITS FEATURES (INCLUDING MESSAGING, LOCATION TRACKING, JOURNALS, AND TIME CAPSULES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPARKE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE APP WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
  • LOCATION TRACKING, DISTANCE CALCULATION, OR MEETING HISTORY WILL BE 100% ACCURATE, REAL-TIME, OR ERROR-FREE.
  • TIME CAPSULES WILL UNLOCK AT THE PRECISE SECOND SCHEDULED WITHOUT NETWORK DELAY.
  • THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

3. Limitation of Liability (Absolute Waiver)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPARKE LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
  • EMOTIONAL DISTRESS, RELATIONSHIP DISPUTES, OR INTERPERSONAL DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE APP'S FEATURES (SUCH AS DISCONNECTION, LOCATION TRACKING DISCREPANCIES, OR MISSED MESSAGES).
  • ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS, JOURNALS, OR LOCATION DATA.
  • ANY CONSEQUENCES ARISING FROM THE USE OF APP DISGUISE OR DECOY SCREENS (E.G., IF A THIRD PARTY DISCOVERS THE HIDDEN APP).
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF FIFTY US DOLLARS ($50.00) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS.

4. Feature-Specific Terms and User Conduct

4.1 Live Location & Ghost Mode: The App provides background location sharing and distance calculation features. This feature is strictly for personal use and must not be used for stalking, unauthorized surveillance, or non-consensual tracking. You must only pair with and share your location with a consenting partner. Furthermore, Sparke is not a replacement for emergency services. Do not rely on Sparke for safety, emergency response, or critical tracking. You may pause tracking at any time using "Ghost Mode."

4.2 Content Generation & No Moderation: You are solely responsible for the content you generate, transmit, or share via Messages, Shared Journals, Collaborative Notes, Voice Notes, and Time Capsules. Because Sparke utilizes End-to-End Encryption, we cannot and do not monitor, review, or moderate this content.

4.3 Illegal Use Prohibition: You agree that you will not use Sparke or any of its features to:

  • Violate any local, state, national, or international law.
  • Harass, abuse, threaten, or defraud another person.
  • Distribute malware, viruses, or illegal explicit material.
  • Engage in non-consensual surveillance.

5. Indemnification

You agree to defend, indemnify, and hold harmless Sparke LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • a) Your use and access of the App (including all features like Decoy screens and Location tracking), by you or any person using your account and password;
  • b) A breach of these Terms;
  • c) Content transmitted by you.

6. Accounts, Pairing, and Subscriptions

6.1 Accuracy: You must provide accurate and complete information when creating an account.

6.2 Pairing: You are responsible for ensuring you share your unique pairing code only with your intended partner.

6.3 Premium Features: Certain features (like App Disguise, advanced analytics, or expanded storage) may require a premium subscription. All payments are handled by the respective app store (Apple App Store or Google Play Store) and are subject to their terms of service. Refunds are governed by the policies of those platforms.

7. Governing Law & Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or the use of the App shall be resolved through binding arbitration conducted in Delaware, USA, rather than in court. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

8. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms.

9. Contact Us

If you have any questions about these Terms, please contact our legal team at:
Email: support@svnate.com