Terms of Use
1. About these terms
SparkyCrew (the app) is provided by [Company name] (we, us), NZBN [number].
These terms apply when you use the app, whether or not you create an account. By creating an account, or by continuing on the sign-in screen, you agree to these terms and to our Privacy Policy.
If you use the app for a business, you confirm you can agree to these terms for that business, and "you" includes the business.
The app is for people working in the electrical trade in New Zealand: registered electrical workers, apprentices and trainees, and the businesses that employ them. You must be at least 16 to create an account.
2. Accounts, businesses and teams
You can use the app without an account. If you do, everything is stored only on your device. We cannot see it, back it up or recover it.
With an account, your records are stored on our servers and belong to a business. A sole trader is a one-person business.
The person who creates a business is its owner. The owner can invite people, set roles and permissions, and transfer ownership. The owner is responsible for:
- who they invite, and the roles they give them
- the actions of the business's members in the app
- making sure members are allowed to see the records their role shows them
Sign-in is by a code sent to your email. Keep access to your email secure, and tell us straight away if you think someone else has used your account.
If a member leaves a business or is removed, they lose access to its records straight away. Records they created stay with the business.
3. Your professional responsibility
The app is a tool for recording and presenting your work. It does not check your work, and it is not a substitute for your training, judgement or legal obligations.
You remain fully responsible for:
- the electrical work you do, supervise or certify
- testing, and the accuracy of every reading you enter
- making sure each Certificate of Compliance, Electrical Safety Certificate and Record of Inspection is correct, complete and meets the Electricity (Safety) Regulations 2010, the standards they cite, and any requirements of WorkSafe or the Electrical Workers Registration Board
- holding a current practising licence for the work you sign for
When you sign a certificate in the app, it is your certificate. We are not a party to it.
Supervision: when a supervisor signs off an apprentice's certificate, the app records the name, registration number and signature entered. It does not verify that person's identity or registration. The supervisor is responsible for the sign-off.
Calculators, limits and reference values are guides only. They may simplify the standards and may not suit every installation. Check results against the current standards before relying on them.
Keep your own copies of issued certificates, for example the PDFs the app makes. Do not rely on the app as your only record.
4. Your data
The business owns its records. Jobs, customer details, photos, test results and certificates created in a business belong to that business, not to us and not to the member who created them.
You own your profile. Your name, contact details, registration number and signature are yours. Certificates you already signed for a business stay with that business.
You give us permission to store, copy, process and display your data only as needed to run the app, keep it secure, and provide support. We do not sell your data or use it for advertising.
You are responsible for having the right to enter your customers' personal information into the app, and for handling it as the Privacy Act 2020 requires.
5. Subscriptions and payment
Some features need a paid subscription. The price is [Price] per business per month, for any number of members.
Subscriptions renew automatically each month until cancelled. If you subscribe through the App Store or Google Play, their terms also apply, and you manage or cancel the subscription there.
You can cancel at any time. Cancelling stops the next renewal; we don't refund part months, except where the law requires it.
We will give at least 30 days' notice of a price change.
If a business's subscription ends, its members can still open and export its records for [Retention period]. After that we may delete them.
Fair use: there is no fixed limit on jobs, certificates or photos. The subscription is priced for normal use by an electrical business. If a business stores far more than typical, for example more than 50 GB of photos, we may contact you to discuss your use, a different plan, or reducing it. We will not delete records without giving you notice and a chance to export them.
6. Using the app properly
You must not:
- use the app to create false or misleading certificates, or sign as someone else
- try to access another business's records, or get around the roles and permissions in the app
- interfere with, overload, copy or reverse engineer the app or its servers
- use the app in a way that breaks the law
7. Availability
We aim to keep the app running and your data safe, but we can't promise it will always be available or free of errors.
The app saves your changes on your device first and uploads them when you're online. Changes made on two devices at once may overwrite each other. Changes that haven't uploaded are lost if the device is lost or the app is deleted.
8. Ending your use
You can delete your account at any time in the app. If you own a business with other members, you must first transfer ownership. If you are the only member, deleting your account also deletes the business and all of its records.
An owner who is the only member can close the business without deleting their account. Closing permanently deletes the business and all of its records. Staff can leave a business at any time; their records stay with the business.
We may suspend or close an account that breaks these terms, after telling you why where we reasonably can.
9. Liability
To the extent the law allows, the app is provided "as is", and we are not liable for any indirect or consequential loss, loss of profit, or loss arising from certificates, readings or calculations you rely on.
Our total liability to you in any 12 months is limited to the subscription fees you paid us in those 12 months.
Because the app is supplied and acquired for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply, and that it is fair and reasonable for the parties to be bound by this clause.
Nothing in these terms limits rights you have under law that cannot be excluded.
10. Changes, law and contact
We may update these terms. We'll tell you in the app at least 14 days before a significant change takes effect.
New Zealand law governs these terms, and New Zealand courts have jurisdiction.
Questions or notices: support@sparkycrew.app.