Sparqly

Legal

Terms of Service

Terms governing access to and use of the Sparqly platform and services.

Effective date: 1 June 2026

These Terms of Service (“Terms”) govern your access to and use of the Sparqly platform and associated services (“Service”) operated by Sparqly Charging Technologies, S.L. (registration pending; Spanish tax identifier and registered address to be added before public go-live) (“Sparqly”, “we”, “us”). By accessing or using the Service, you agree to be bound by these Terms.

If you are using the Service on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms, and “you” refers to that entity.

1. Description of Service

Sparqly provides a multi-tenant software platform for EV Charge Point Operators (CPOs), including tools for charging operations, billing and revenue assurance, field service management, fleet and driver management, grid participation, partner and distributor management, internal network roaming, external roaming integrations, and compliance. The Service is made available on a subscription basis under a commercial agreement or order form.

2. Access and accounts

Access to the Service requires a valid operator account. You are responsible for:

  • Maintaining the security of your credentials and API tokens
  • All activity conducted under your account
  • Ensuring that users you grant access to comply with these Terms

You must notify us immediately of any suspected unauthorised access at security@sparqly.eu.

3. Acceptable use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of applicable laws and regulations
  • Attempt to gain unauthorised access to any part of the Service or its underlying systems
  • Reverse-engineer, decompile, or disassemble any part of the Service
  • Use the Service in a way that interferes with the availability or performance of the platform for other users
  • Scrape or extract data from the Service by automated means except through documented APIs with appropriate authorisation
  • Transmit malicious code, introduce viruses, or attempt to compromise the integrity or security of the Service

4. Commercial terms and payment

The fees, payment schedule, and service levels applicable to your use of the Service are set out in your commercial agreement or order form. These Terms apply alongside that agreement; in the event of conflict, the commercial agreement prevails.

Failure to pay fees when due may result in suspension of access to the Service following reasonable notice. Sparqly reserves the right to apply late payment interest in accordance with applicable law.

5. Data ownership and confidentiality

You retain full ownership of all data you input into the Service, including session records, tariff configurations, driver data, and partner agreements. Sparqly processes this data on your behalf as a data processor in accordance with our Data Processing Agreement and Privacy Policy.

We treat your data as confidential and do not use it to benefit other customers or for purposes beyond delivering and improving the Service.

6. Intellectual property

Sparqly retains all intellectual property rights in the Service, including software, APIs, documentation, design systems, and platform content. These Terms do not grant you any ownership rights in the Service or its components.

You retain all intellectual property rights in your data and any content you provide to the Service.

7. Warranties and disclaimers

Sparqly warrants that it will provide the Service with reasonable care and skill, and will implement reasonable security measures appropriate to the nature of the data processed.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS OTHERWISE PROVIDED “AS IS” AND “AS AVAILABLE”. SPARQLY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY VULNERABILITIES. SPECIFIC UPTIME COMMITMENTS, WHERE APPLICABLE, ARE SET OUT IN THE COMMERCIAL AGREEMENT.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPARQLY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU TO SPARQLY IN THE TWELVE MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL SPARQLY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF SPARQLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

9. Termination

Either party may terminate the commercial agreement in accordance with its terms, including any notice periods specified therein. Upon termination:

  • Your access to the Service will cease at the end of the notice period
  • We will retain your data for 90 days following termination to allow you to export it
  • After 90 days, your data will be deleted from active systems in accordance with our data retention policy

10. Modifications to these Terms

We may modify these Terms from time to time. We will provide at least 30 days’ notice of material changes, typically by email to the account holder and by updating the effective date on this page. Continued use of the Service after the effective date of material changes constitutes acceptance of the updated Terms.

11. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of Spain and applicable European Union law. Any disputes arising from these Terms that cannot be resolved by mutual agreement shall be subject to the jurisdiction of the courts of Spain, without prejudice to any mandatory consumer protection rights applicable in your jurisdiction.

12. Contact

For questions about these Terms: legal@sparqly.eu