Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the SparkShift mobile application ("App") and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services.

These Terms constitute a legally binding agreement between you and SparkShift, LLC ("SparkShift," "we," "us," or "our").

2. User Accounts & Security

2.1 Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement.

2.2 Account Registration

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.3 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Use of Services

3.1 Professional Conduct

SparkShift is a professional tool for the electrical trade. You agree to use the Services in a professional manner and to treat other users with respect.

3.2 Prohibited Conduct

You agree NOT to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
• Harass, threaten, or defraud other users.
• Impersonate any person or entity or falsely state your affiliation with any person or entity.
• Upload viruses or other malicious code.
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
• Share your account credentials with others (except as explicitly permitted for authorized team management).
• Send spam, unsolicited commercial messages, or engage in any form of automated messaging.
• Circumvent any rate limits, blocking features, or other security measures.

3.3 User Blocking

You may block other users to prevent them from sending you direct messages or contact requests. When you block a user, they will not be notified that they have been blocked. Blocking is mutual—a blocked user cannot contact you, and you cannot contact them until you unblock them.

4. Content Moderation & Community Safety

4.1 Moderation Overview

To maintain a safe and professional environment, SparkShift employs content moderation practices. By using the Services, you acknowledge and agree that your content may be reviewed by our moderation team when necessary.

4.2 Direct Message Moderation

4.3 Content Reporting

You may report content that violates these Terms, including forum posts, photos, parking submissions, and direct messages. Reports are reviewed by our moderation team, typically within 24-48 hours. Filing false or malicious reports may result in restrictions on your account.

4.4 Enforcement Actions

If you violate these Terms or our community guidelines, we may take one or more of the following actions at our discretion:

• Warning: A formal notice that your conduct violates our policies.
• Feature Restrictions: Temporary or permanent limits on specific features (e.g., posting, messaging, uploading photos, creating jobsites).
• Account Suspension: Temporary suspension of your account for a specified period.
• Permanent Ban: Termination of your account and prohibition from creating new accounts.

The severity of enforcement depends on factors including the nature of the violation, whether it is a repeat offense, and the impact on other users. Serious violations (threats, illegal content, harassment) may result in immediate suspension or ban without prior warning.

4.5 Appeals

If you believe an enforcement action was taken in error, you may appeal by contacting us at admin@sparkshift.app. Appeals are reviewed within 5-7 business days. Our decision on appeals is final.

4.6 Illegal Content

Content that depicts or promotes illegal activity, including but not limited to child exploitation material, credible threats of violence, or doxxing (publishing private information), will result in immediate account termination and may be reported to law enforcement.

5. Subscriptions and Payments

5.1 Subscription Tiers

SparkShift offers the following subscription tiers:

• Apprentice (Free): Basic hour tracking and reference access.
• Journeyman Pro: Unlimited tracking, AI features, test prep, and advanced reporting.
• Foreman Elite: Team management, crew assignments, and advanced analytics.

5.2 Payment Terms

Subscriptions are billed in advance on a monthly or annual basis. Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.

5.3 Free Trial Terms

5.4 Auto-Renewal

Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

5.5 Refunds

Refunds are handled by the respective app store (Apple App Store or Google Play Store) in accordance with their refund policies. SparkShift does not have the ability to process refunds directly for in-app purchases.

6. User Content

6.1 Ownership

You retain ownership of the content you upload, such as photos, notes, and task descriptions ("User Content").

6.2 License

By uploading User Content, you grant SparkShift a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of operating and improving the Services (e.g., displaying your tasks to your foreman, generating AI summaries). We reserve the right, but not the obligation, to remove or refuse to display any User Content for any reason.

6.3 User Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you have all necessary rights to your User Content and that its use by SparkShift will not infringe upon the rights of any third party.

7. Data Sharing and Visibility

7.1 Foreman/Employer Access

When you join a jobsite or are assigned to a foreman, they can view:

• Hours you log on their jobsite
• Tasks assigned to you and their completion status
• Evaluations and performance feedback they provide
• Your professional certifications
• Your location during work hours (if enabled)

They cannot see your personal contact info unless you enable sharing in your privacy settings.

7.2 Training Center Access

If you associate with a training center (IEC, ABC, IBEW JATC, WECA, etc.), they can view:

• Your name and contact information
• Hours logged and work process categories
• Skill competency verifications
• Educational progress and certifications

This data sharing requires your explicit consent during the association process.

8. Intellectual Property

The Services, including but not limited to text, graphics, images, software, and the "SparkShift" name and logo, are the property of SparkShift and are protected by copyright, trademark, and other intellectual property laws.

9. Disclaimers

9.1 Electrical Safety Disclaimer

9.2 No Warranty

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

9.3 No Responsibility for User Conduct

SPARKSHIFT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARKSHIFT 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, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

11. Indemnification

You agree to indemnify and hold harmless SparkShift and its officers, directors, employees, and agents from any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your interactions with other users, or (d) your violation of these Terms.

12. Governing Law

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

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via the App or email. Your continued use of the Services after the effective date of the modified Terms constitutes your acceptance of the modified Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at: