SparkPanel

Terms of Service

Effective date: June 1, 2025

These Terms of Service ("Terms") govern your access to and use of the SparkPanel platform ("Service") operated by SparkPanel ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use SparkPanel.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use SparkPanel. By signing up, you represent that you have the authority to bind the business entity you register.

2. Account Registration

  • You must provide accurate and complete information during registration.
  • You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
  • Each account corresponds to a single business workspace (tenant). Sharing account credentials across unrelated businesses is prohibited.
  • You must promptly notify us at support@sparkpanel.io if you suspect unauthorized access to your account.

3. Subscription Plans & Billing

3.1 Plans

SparkPanel offers tiered subscription plans (e.g., Starter, Professional, Growth, Enterprise) with varying limits on customers, jobs, SMS messages, and team members. Current plan details and pricing are displayed on the billing settings page within your account.

3.2 Payment

All payments are processed through Stripe. By subscribing, you authorize us to charge the payment method on file on a recurring basis (monthly or annual, depending on the plan you select). Prices are listed in U.S. dollars.

3.3 Free Trial

We may offer a free trial period. At the end of the trial, your account will be converted to a paid subscription unless you cancel before the trial expires. You will not be charged during the trial.

3.4 Upgrades & Downgrades

You can change your plan at any time from the billing settings page. Upgrades take effect immediately and are prorated. Downgrades take effect at the start of the next billing cycle.

3.5 Refunds

Subscription fees are non-refundable except where required by applicable law. If you believe you were charged in error, contact us within 30 days of the charge.

3.6 Payment Processing Fees

When your customers pay invoices online through SparkPanel (via Stripe Checkout), a payment processing fee of 2.9% + $0.30 per transaction is deducted before funds are deposited to your connected Stripe account. This fee covers payment processing, fraud protection, and platform infrastructure costs.

These fees are separate from your subscription plan and apply only to invoice payments processed through the platform. If you collect payments outside of SparkPanel (e.g., cash, check, or your own payment terminal), no platform processing fee is charged.

Payment processing fees are non-refundable, even if the underlying transaction is later refunded. Current fee rates are displayed on your billing settings page and on the pricing page. We will provide at least 30 days' notice before any changes to payment processing rates take effect.

4. Your Data

4.1 Ownership

You retain full ownership of all data you create, upload, or store in SparkPanel, including customer records, invoices, estimates, job data, documents, and communications. We do not claim any intellectual property rights over your content.

4.2 License to Operate

You grant us a limited, non-exclusive license to host, process, and display your data solely for the purpose of providing the Service to you.

4.3 Data Isolation

SparkPanel uses a multi-tenant architecture. Your workspace data is logically isolated from other tenants and is not accessible to them.

4.4 Data Export

You may request a machine-readable export of your data at any time by contacting support@sparkpanel.io.

4.5 Data Deletion

Upon account cancellation, your data will be retained for 90 days to allow for reactivation. After 90 days, all data is permanently deleted. You may request immediate deletion by contacting support.

5. Acceptable Use

You agree not to use SparkPanel to:

  • Violate any applicable law or regulation, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.
  • Send unsolicited or bulk SMS messages to recipients who have not opted in.
  • Upload or transmit malicious code, viruses, or harmful content.
  • Attempt to access another tenant's workspace, data, or account.
  • Reverse-engineer, scrape, or interfere with the operation of the platform.
  • Misrepresent your identity or impersonate another person or business.
  • Use the platform for any purpose other than managing a legitimate contracting or service business.

We reserve the right to suspend or terminate accounts that violate these terms without prior notice.

6. SMS & Communications

  • SparkPanel provides SMS functionality powered by Twilio. You are responsible for ensuring that your use of SMS complies with all applicable laws, including TCPA requirements.
  • You must only send SMS messages to contacts who have provided valid, documented consent.
  • SparkPanel enforces quiet hours (no automated texts before 8:00 AM or after 9:00 PM local time) and logs consent status for each contact.
  • Standard message and data rates may apply to recipients. You are responsible for informing your customers of this.

7. Customer Portal & Tenant Websites

SparkPanel provides each tenant with a public-facing website and customer portal under their chosen subdomain (e.g., your-business.sparkpanel.io). You are solely responsible for the content displayed on your tenant website, including business descriptions, service listings, and pricing.

8. Intellectual Property

The SparkPanel platform — including its code, design, branding, documentation, and underlying technology — is owned by SparkPanel and protected by intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or brand assets except as displayed within the normal operation of the Service.

9. Third-Party Services

SparkPanel integrates with third-party services including Stripe (payments) and Twilio (SMS). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of third-party services.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance, deploy updates, or experience outages. We will make reasonable efforts to notify you of planned downtime in advance.

11. Limitation of Liability

To the maximum extent permitted by law, SparkPanel and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service, including but not limited to lost profits, data loss, or business interruption.

Our total aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Indemnification

You agree to indemnify and hold harmless SparkPanel from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

14. Termination

  • By you: You may cancel your subscription at any time from the billing settings page. Cancellation takes effect at the end of the current billing period.
  • By us: We may suspend or terminate your account if you violate these Terms, fail to pay subscription fees, or engage in conduct that is harmful to other users or the platform.
  • Upon termination, your access to the platform will cease. Data retention follows the policy described in Section 4.5.

15. Governing Law & Disputes

These Terms are governed by the laws of the State of South Dakota, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in South Dakota.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Effective date" at the top of this page. For material changes, we will notify you by email or by a notice within the platform at least 30 days before the changes take effect. Your continued use of SparkPanel after changes take effect constitutes acceptance of the updated Terms.

17. Contact Us

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

See also: Privacy Policy