1. About these terms
1.1 These terms and conditions (the Terms) govern your access to and the use of the SparkyMate mobile application, website and related services (together, the App) provided by SparkyMate Australia Pty Ltd, ACN 699 510 426 (“we”, “us” or “our”).
1.2 By creating an account, downloading, accessing or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.
1.3 These Terms incorporate our Privacy Policy, our Acceptable Use Policy, and any subscription terms presented to you at the point of purchase. If there is any inconsistency, the order of precedence is: (a) the subscription terms; (b) these Terms; (c) the other documents referred to above.
1.4 We may update these Terms from time to time in accordance with clause 20 (Changes to these Terms).
2. Definitions
In these Terms:
AI Assistant means the artificial-intelligence-powered features of the App, known in the App as “Sparky AI”, that generate responses, suggestions, summaries, calculations or other content in answer to your inputs.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied as a law of the Commonwealth and of each State and Territory.
Community Features means the national chat, group chats, private messages (including message requests) and related features of the App, such as reactions, replies and saved messages.
Content means any text, data, calculations, references, graphics and other material made available through the App, including content generated by the AI Assistant.
Free Account means an account without an active Subscription, which gives you access to a limited set of the App’s features.
Job Folders means the job-management features of the App, including notes, photos and job timers, and the ability to share a folder with a group chat.
Standards means Australian or joint Australian/New Zealand standards (including AS/NZS 3000, AS/NZS 3008 and AS/NZS 3017) and any other technical standards published by Standards Australia or other standards bodies, and the copyright works comprising them.
Subscription means a paid plan, purchased through the Apple App Store or Google Play, that gives you access to features of the App not included in a Free Account for a recurring period.
User Content means anything you submit, upload or input into the App, including questions, photos, messages, profile details, Job Folder content, notes and files.
AI Provider means Anthropic, PBC, whose Claude models power the AI Assistant, and Usage Policy means Anthropic’s acceptable-use policy as updated from time to time.
3. Eligibility and your account
3.1 You must be at least 18 years old and able to form a legally binding contract to use the App. The App is intended for electricians, electrical apprentices, and others working in or training for the electrical trade in Australia or New Zealand.
3.2 You must provide accurate, current and complete information when you register, and keep it up to date.
3.3 You are responsible for keeping your login details secure and for all activity under your account. Tell us promptly if you suspect unauthorised use.
3.4 Where the App displays roles, tags or badges (for example, licensed electrician or apprentice status, apprentice year or State), those labels are based on what you tell us. We do not independently verify licences or qualifications, and a role, tag or badge in the App is not evidence of any licence, registration or competency.
4. Your licence to use the App
4.1 We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App for your own professional or training purposes, subject to these Terms and any Subscription you hold.
4.2 You must not: (a) copy, modify, distribute, sell or lease any part of the App; (b) reverse engineer or attempt to extract the source code, except to the extent this restriction is prohibited by law; (c) use the App to build or train a competing product or service; or (d) use any automated means to access or scrape the App.
5. The AI Assistant — important limitations
5.1 The AI Assistant generates responses automatically using general electrical knowledge and the information you provide, including any photos you attach. It is a productivity and learning aid only.
5.2 Not professional advice. The AI Assistant does not provide professional engineering, electrical, legal, safety or compliance advice, and is not a substitute for the exercise of your own professional judgement or for advice from a suitably qualified and licensed person.
5.3 Not a substitute for the Standards. The AI Assistant is not a copy of, summary of, or replacement for any Standard. Where compliance with a Standard, the Wiring Rules, a code of practice, a manufacturer’s instructions or any law is required, you must consult the current, official version of that document yourself. Any clause numbers, table references or headings the AI Assistant mentions come from general information, have not been checked against the Standard and may be wrong or out of date. They are pointers only and do not reproduce the text of any Standard.
5.4 You must verify. AI-generated content can be incomplete, out of date or wrong. You must independently check any calculation, value, method or recommendation against current Standards, regulations and site conditions before you rely on it or act on it. Electrical work carries serious risk to life and property; do not energise, install, alter or sign off on anything on the basis of the AI Assistant alone.
5.5 You are solely responsible for how you use AI-generated content. To the maximum extent permitted by law, we are not liable for any loss arising from your reliance on it (see clauses 16 and 17).
5.6 Your inputs to the AI Assistant may be processed by third-party AI providers on our behalf. How we handle your inputs is described in our Privacy Policy.
5.7 You are dealing with an AI. When you use the AI Assistant you are interacting with an automated artificial-intelligence system, not a human. Responses are generated automatically by the AI Provider’s model.
5.8 Human oversight. The AI Assistant is provided on the basis that a suitably qualified or supervised person reviews and applies professional judgement to any output before it is used. You must not use an output as the sole basis for a consequential electrical decision. Clause 5.4 (verification) applies to every output.
5.9 Photos. If you attach a photo to the AI Assistant, you must have the right to share it, and it must not show other people, your clients’ personal details or the pages of any Standard. The AI Assistant can misidentify what is in a photo, and it cannot confirm from a photo that any installation or work is safe or compliant.
5.10 Usage limits. A Free Account includes a limited number of AI Assistant questions each day, as shown in the App. A Subscription includes unlimited questions for your own personal, non-automated use. We may temporarily limit use that appears automated or abusive, or that threatens the stability of the App.
6. Australian Standards and third-party content
6.1 The App is designed so that it does not reproduce, store or distribute the text of any Standard. Where the App refers to a Standard, it does so by citation only (for example, by clause number, heading or a link to where the Standard may be lawfully obtained).
6.2 Standards are protected by copyright owned by Standards Australia (or other relevant bodies). The fact that a Standard is mandatory or publicly accessible does not give any person the right to copy, reproduce, paraphrase in substance, or use it to operate or train an automated system. You are responsible for holding any licence or access you need to consult the Standards relevant to your work.
6.3 Calculators and tools in the App are derived from first principles of electrical engineering and publicly available physical formulae, not from the text of any Standard. Where a calculation needs a value that is published only in a Standard, you must enter that value yourself from your own current, licensed copy. Results depend on the values you enter, are indicative only, and clause 5.4 applies.
6.4 The App may link to or reference third-party materials and websites. We are not responsible for third-party content and do not endorse it.
7. Electrical safety and licensing obligations
7.1 Electrical work in Australia and New Zealand is regulated. You must hold all licences, registrations and permits required in your State, Territory or region, and you must comply with all applicable laws, regulations, Standards and safe-work requirements at all times.
7.2 The App does not authorise, license, certify or qualify you to perform any electrical work, and nothing in the App should be read as permission to carry out work if you are not licensed and competent to perform.
7.3 You are solely responsible for the safety, compliance, testing and certification of any work you carry out. We are not a party to, and accept no responsibility for, the work you perform or decisions you make.
8. Subscriptions, fees and billing
8.1 Free Account and Subscriptions. You can use the App with a Free Account for as long as you like. Some features require a paid Subscription. The features included in a Free Account and in a Subscription, and current Subscription prices, are shown in the App and in the relevant app store, and may change from time to time (see clause 13). Prices are shown in your local currency and include GST where applicable.
8.2 Billing. Subscriptions are sold through the Apple App Store and Google Play. Payment is processed by Apple or Google under their own payment terms, which also apply to your purchase. We do not receive or store your card details. We use a subscription management provider to confirm your Subscription status.
8.3 Autorenewal. Subscriptions renew automatically for successive periods at the then-current price until cancelled. The app store charges the payment method linked to your store account for each new period, and may do so up to 24 hours before the current period ends.
8.4 Cancellation. You can cancel at any time in your Apple App Store or Google Play subscription settings. To avoid being charged for the next period, cancel at least 24 hours before your renewal date. Cancellation takes effect at the end of the current paid period; you keep access until then, and your account then continues as a Free Account. Deleting the App or your account does not cancel your Subscription.
8.5 Price changes. We may change Subscription prices. We will give you reasonable notice before a price change takes effect, and the new price will apply from your next renewal. If you don’t agree, you can cancel before it takes effect. The app store may also ask you to agree to a price increase before it applies to you.
8.6 Free trials and offers. If we offer a free trial or introductory offer, we (or the app store) will tell you its length, its price and what happens when it ends. Unless you cancel at least 24 hours before the trial or offer ends, it will convert to a paid Subscription at the then-current price, and you will be charged.
9. Refunds and your consumer rights
9.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
9.2 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to a replacement or refund and to compensation for reasonably foreseeable loss; for failures that don’t amount to a major failure you are entitled to have the problem fixed within a reasonable time, and if it can’t be, to a refund.
9.3 Apart from those rights, our refund policy is set out in our Refund Policy, available in the App and on our website. Refund requests for app-store purchases are handled through the relevant store’s refund process.
9.4 New Zealand consumers. If you use the App as a consumer in New Zealand, nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ) that cannot lawfully be excluded, and references in these Terms to rights that cannot lawfully be excluded include those rights.
10. Acceptable use
You must not use the App to:
- break any law, or help anyone else do so;
- perform or encourage unsafe or unlicensed electrical work;
- infringe anyone’s intellectual property, including by inputting Standards text, photos of Standards pages or other copyright material you are not entitled to use;
- upload anything harmful, misleading, defamatory, or that contains malware;
- harass, abuse or threaten other users, or keep contacting someone who has declined your message request or blocked you;
- attempt to extract, scrape, or reverse engineer the App or its underlying models;
- interfere with the App’s operation or security; or
- train, fine-tune or develop any artificial-intelligence or machine-learning model, or build a competing product, using the App or any content generated by the AI Assistant.
When you use the AI Assistant, you must also comply with the AI Provider’s Usage Policy. You must not use it to generate harmful, illegal, deceptive or abusive content, content that sexually exploits or endangers minors, content that facilitates weapons or attacks on systems or infrastructure, or any other use the Usage Policy prohibits.
We have zero tolerance for objectionable content and abusive users. We may remove content and suspend or terminate accounts that breach this clause or our Acceptable Use Policy (see clause 19).
11. Your content
11.1 You keep ownership of your User Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process and display your User Content for the purpose of operating and improving the App, showing it to the people you share it with, and providing the AI Assistant’s responses to you.
11.2 You are responsible for your User Content and must have the rights needed to submit it. You must not submit content you are not entitled to use — including the text of any Standard.
11.3 We handle personal information in your User Content in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
11.4 Outputs. As between you and us, you own the responses the AI Assistant generates for you (Outputs), to the extent such rights can be granted, and we assign you whatever rights we hold in them. This mirrors the position our AI Provider grants us. This does not affect our rights in the App itself (clause 12). Note that purely AI-generated material may attract limited or no copyright protection as a matter of law.
11.5 Community features. The App includes Community Features, including a national chat, group chats and private messages between users. Anything you post or send in those features is User Content, and clause 10 (Acceptable use), clauses 11.1 to 11.3 and our Acceptable Use Policy apply to it. Posts in the national chat can be seen by all users. Posts in a group chat can be seen by its members, which may include people who join later. In group chats and accepted private messages, other participants can see when you are typing and when you have read their messages. You can report content and block other users using the tools in the App. We do not routinely monitor community content, but we may access, review, remove or retain it in the circumstances described in the Acceptable Use Policy and our Privacy Policy. Content posted by other users reflects their views, not ours, and to the maximum extent permitted by law we are not responsible for it.
11.6 Group chats. The person who creates a group chat is its admin and can remove members and manage invite links. Anyone who has an invite link may be able to join the chat, so share it only with people you want in the chat. Admins must use these tools in line with the Acceptable Use Policy.
11.7 Job Folders and information about others. If you add information about other people to a Job Folder (for example, a client’s name, address or photos of their premises), you are responsible for making sure you are allowed to collect, store and share it, and for complying with any privacy obligations that apply to you or your business. If you share a Job Folder with a group chat, its members can view it.
12. Our intellectual property
12.1 We (or our licensors) own all intellectual property rights in the App, including its software, design, branding, the “SparkyMate” name and logo, calculators and other Content (excluding your User Content and third-party materials).
12.2 Except for the licence in clause 4, these Terms do not give you any rights in our intellectual property.
13. Availability, changes and discontinuation
13.1 We aim to keep the App available, but we do not guarantee it will be uninterrupted or error-free. We may suspend the App for maintenance, updates or technical reasons.
13.2 We may change, add or remove features, and may discontinue the App or any part of it. If we discontinue a paid feature, you have an active Subscription to, we will provide a pro-rata refund of fees paid for the unused period, unless your rights under the Australian Consumer Law require otherwise.
13.3 Reliance on the AI Provider. The AI Assistant depends on the AI Provider’s services. If the AI Provider suspends, changes, withdraws or ceases to provide those services, or requires us to suspend access, the AI Assistant may be unavailable, altered or removed. We are not liable for changes to, or the unavailability of, third-party services outside our reasonable control.
13.4 Offline use. Some features may work without an internet connection using information stored on your device. Anything you create or send while offline is only saved to our servers, or delivered to other users, once your connection returns, so check that anything important has been saved or sent.
13.5 Notifications. Push notifications are provided for convenience and may be delayed or not delivered. Do not rely on them for anything time-critical or safety-critical.
14. Disclaimers
14.1 To the maximum extent permitted by law, and subject to clause 9, the App and all Content (including AI-generated content, references and calculators) are provided “as is” and “as available”, without warranties of any kind, including as to accuracy, completeness, currency, fitness for a particular purpose or compliance with any Standard or law.
14.2 You acknowledge that the App is a tool to assist qualified people, and that responsibility for compliant, safe electrical work rests with you and any other responsible person, not with us.
15. Indemnity
15.1 To the maximum extent permitted by law, you indemnify us against any loss, damage, cost or liability we suffer arising out of: (a) your breach of these Terms; (b) your use of the App or AI-generated content; (c) electrical or other work you perform; or (d) your infringement of any third party’s rights, including copyright in any Standard. This indemnity is reduced to the extent our acts or omissions caused or contributed to the loss.
16. Reliance on AI-generated content
16.1 Without limiting clauses 5, 14 or 17, and subject to clause 9, to the maximum extent permitted by law we are not liable for any loss, damage or injury arising from your reliance on AI-generated content, including any calculation, value, method, citation or recommendation produced by the AI Assistant, where you have not independently verified it against current Standards and regulations.
17. Limitation of liability
17.1 Nothing in these Terms limits our liability where it cannot lawfully be limited, including under the Australian Consumer Law (clause 9) or, for New Zealand consumers, the Consumer Guarantees Act 1993 (NZ) (clause 9.4). Where our liability for breach of a consumer guarantee can be limited, we limit it (at our option) to resupplying the service or paying the cost of resupply.
17.2 Subject to clause 17.1, to the maximum extent permitted by law: (a) we are not liable for any indirect, special or consequential loss, or for loss of profit, revenue, data, or business; and (b) our total aggregate liability arising out of or in connection with the App and these Terms is limited to the greater of: (a) the fees you paid us in the 12 months before the claim; or (b) AUD $100.
18. Privacy
18.1 We collect and handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using the App you consent to that handling, including the processing of your inputs by our third-party AI and infrastructure providers.
19. Suspension and termination
19.1 We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the App or other users. Where reasonable, we will give you notice and an opportunity to fix the problem.
19.2 You may stop using the App and delete your account at any time in the App’s settings. Deleting your account is permanent and removes your account and User Content as described in our Privacy Policy. Deleting your account does not cancel a Subscription — see clause 8.4.
19.3 Clauses that by their nature should survive termination (including clauses 6, 7, 11.2, 11.4, 11.5, 11.7, 12, 14–17, 19.4 and 23) survive.
19.4 Provider-required suspension. We may also suspend or restrict your access to the AI Assistant, with or without prior notice, where our AI Provider requires it, where there is a risk to or attack on the App, or where continued provision would breach the Usage Policy or applicable law.
20. Changes to these Terms
20.1 We may update these Terms. If a change is material, we will give you reasonable notice (for example, in the App or by email) before it takes effect. Continuing to use the App after the change takes effect means you accept the updated Terms. If you don’t accept them, you must stop using the App. A change is material if, for example, it changes: the liability cap or indemnity provisions; our data handling or privacy practices; the AI Provider or how the AI Assistant works; your rights under these Terms; or anything we are required to change by law or regulation. Changes such as corrections to typos, grammar or formatting, clarifications that do not change legal effect, updates to hyperlinks, company details or contact information, and the addition of new features that do not affect your existing rights are minor, and we may make them on notice alone.
21. Governing law and jurisdiction
21.1 These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts that hear appeals from them.
22. General
22.1 Entire agreement. These Terms (with the documents they refer to) are the entire agreement between you and us about the App.
22.2 Assignment. You may not assign your rights without our consent. We may assign or novate our rights and obligations, for example on a sale of the business.
22.3 Severance. If any provision is unenforceable, it is severed and the rest continues in force.
22.4 Waiver. A failure to enforce a provision is not a waiver of it.
22.5 Notices. We may give you notices in the App (including by push notification) or by email. You can contact us using the details below.
23. App stores
23.1 These Terms are between you and us, not Apple or Google. We, not Apple or Google, are solely responsible for the App and its content. Your download and use of the App must also comply with the terms of the app store you obtained it from.
23.2 Apple App Store. If you downloaded the App from the Apple App Store: (a) Apple has no obligation to provide any maintenance or support services for the App; (b) if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you, and to the maximum extent permitted by law Apple has no other warranty obligation with respect to the App; (c) we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar laws; (d) we, not Apple, are responsible for the investigation, defence, settlement and discharge of any claim that the App or your possession and use of it infringes a third party’s intellectual property rights; (e) you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (f) you must comply with any applicable third-party terms (such as your mobile data provider’s) when using the App; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right (and will be taken to have accepted the right) to enforce them against you as a third-party beneficiary.
23.3 Nothing in this clause 23 limits clause 9 or any right or remedy you have that cannot lawfully be excluded.
24. How to contact us
SparkyMate Australia Pty Ltd, ACN 699 510 426
Email: admin@sparkymateaustralia.com.au Address: 33 The Grange, Shaw QLD 4818