Welcome to www.sparkapt.com (the “Site”). The Site is operated by RentalSearcher LLC, a Delaware limited liability company doing business as SparkAPT (“SparkAPT,” “we,” “us,” or “our”). Your access to and use of the Site and related services (collectively, the “Services”) is subject to these Terms.

SparkAPT provides software as a service for licensed real estate agents, their teams, and brokerages who help renters find apartments. You can use it to search and analyze apartment pricing, availability, specials, and commissions; share apartment lists with your clients; send guest cards, tour requests, and invoices to properties; and communicate with clients by email, text message, and automated follow-ups. SparkAPT is not a consumer apartment search service and is not a real estate broker.

Data Ownership: You retain all rights to data you input into the Services. SparkAPT does not claim ownership of your data.

Data Use: We access and use your data solely as necessary to provide and support the Services.

Data Security: We implement commercially reasonable security measures; however, no system is completely secure. Use of the Services is at your own risk with respect to data security.

Limitation of Liability for Data: To the fullest extent permitted by law, SparkAPT disclaims liability for unauthorized access, loss, or alteration of your data.

Indemnification: You agree to indemnify and hold SparkAPT harmless from claims arising from your data or your use of the Services.

Support Access: SparkAPT staff, including our support assistants, may access your account and its data, including by signing in as you, to provide support, fix problems, maintain data quality, and enforce these Terms. Only staff who need access have it.

Your Messages: You are responsible for every email and text message sent through the Services in your name, including lists, guest cards, invoices, and messages sent automatically by automations or schedules you set up.

Text Messages to Clients: When you send a list to a client who has a mobile number on file, we also text them a link from SparkAPT’s number. Only add a client’s mobile number if they have agreed to receive texts from you about their apartment search. Clients can reply STOP at any time. Once they do, they stop receiving texts sent through SparkAPT, including texts from other agents.

Consent and the Law: You may only email or text people you have a lawful basis to contact, and you must comply with applicable anti-spam, telemarketing, and privacy laws, including the CAN-SPAM Act and the Telephone Consumer Protection Act. Do not use messaging or automations for bulk marketing, purchased or rented lists, or anything misleading.

Unsubscribes: Automated emails include an unsubscribe link. When a client unsubscribes, we stop sending them your automated emails, and you must not work around it.

Replies: Replies to emails sent through SparkAPT may come to us first and are forwarded to your email address. We forward replies only while your account is active and your email address is verified; otherwise we keep them in your account.

Protection: We may check incoming email for spoofing and remove harmful attachments. We may limit how much you send, hold or pause sending, or turn off messaging for an account, to protect the Services or stop misuse.

Review Requests: If you ask clients for reviews, you must follow the review site’s rules and applicable law. For example, do not offer anything in exchange for a review, and do not ask only the clients you expect to be happy.

No Guarantee: We do not guarantee that any email or text message will be delivered, opened, or answered, or that an automation will run at a particular time.

You keep ownership of the content you add, such as your logo, photos, branding, notes, and client information. You give us permission to host, copy, display, and send that content as needed to run the Services. For example, we show your logo and photo on the lists, forms, guest cards, and invoices you share, and in their link previews. You confirm that you have the rights to everything you upload.

Suggestions and Corrections: If you send us feedback or corrections to property information, we may use them freely, including to update the information all users see.

Lists, lead forms, guest cards, and invoices you share show your name and branding. You are responsible for their content and for giving your clients any privacy notice or disclosure the law requires, including on lead forms you publish. We show you when your clients open these pages, so you know when to follow up.

Guest Cards and Tours: When you send a guest card or tour request, we email the property the client details you include, on your behalf. You are responsible for having your client’s permission to share them. SparkAPT is not a party to any arrangement between you and a property, and we don’t guarantee that a property will receive, acknowledge, or honor a guest card or registration.

Invoices: You can use SparkAPT to create and send invoices to properties. SparkAPT doesn’t collect, hold, or guarantee payment, and isn’t a party to any agreement or dispute between you and a property. Payment status in SparkAPT reflects what you record. If you upload a W-9, we store it and attach it only to the invoices you choose.

Property Information: Pricing, availability, specials, commissions, and other property details come from properties, public sources, and other users, and they change often. Confirm important details with the property before relying on them, especially commissions. We aren’t responsible if a property’s pricing, availability, or commission differs from what the Services show.

Your use of the Services is subject to our Privacy Policy.

You consent to receive communications electronically and agree such communications satisfy legal requirements for written notice.

By creating an account, you agree to receive account messages by email and text, including verification codes, billing notices, and alerts about your clients’ activity. You can turn most of them off in Settings › Notifications, or reply STOP to any text. Verification codes, some billing and security messages, and occasional announcements we send to specific users about their account can’t be turned off while you have an account. Message and data rates may apply.

You are responsible for maintaining the confidentiality of your account and all activity under it. SparkAPT may suspend or terminate accounts at its discretion.

You must be at least 18 years old and a licensed real estate agent or broker, or a member of a licensed team as your state allows. You confirm this when you sign up. If your license is incorrect, expired, or suspended, we may close your account immediately. The Services are not intended for anyone under 18.

If you join a manager’s team, your manager pays for your seat and can see your clients, lists, guest cards, tours, invoices, and conversations with your clients, and can reply to them. Your manager may apply their branding to your account and may remove you from the team, which ends your access. If your manager’s subscription is paused or ends, your access pauses or ends too. If your manager closes their account, your account is closed as well, and we email you before that happens.

Free Trial: New accounts get a 14-day free trial with full access. No credit card is needed to start. If you add a card during the trial, your paid subscription starts automatically when the trial ends and your card is charged then. If you don’t add a card, your account pauses when the trial ends and your saved work stays in place. Each person gets one free trial. We may offer another trial to an account that has never paid, and we may change or end free trials at any time.

Automatic Renewal: Subscriptions are billed monthly in advance and renew automatically each month until cancelled. By adding a payment method, you authorize us, through our payment processor Stripe, to charge it for each renewal and for any other fees you incur.

Teams: A manager pays for their team. Each agent who joins adds a seat at the team’s per-seat price. When seats are added or removed partway through a month, we charge or credit the difference for the rest of the billing period.

Price Changes: We may change our prices at any time. A new price applies to new subscriptions; an existing subscription keeps its price. Promotional or held prices last only for the period we state.

Taxes: Prices don’t include taxes. You are responsible for any sales, use, or similar taxes that apply, and we may add them to your charges where the law requires.

All fees are non-refundable except as required by law, including for partial months, unless we choose to refund.

Cancellation: If you pay for your own subscription, you can cancel any time from Settings › Billing in a web browser. If you manage a team, send a cancellation request from the same page and we’ll process it. Team agents’ access is managed by their manager. Cancellation takes effect at the end of the current billing period, and you keep access until then.

Failed Payments: If a payment fails, you keep access for 14 days while we retry the charge. If it’s still unpaid, we pause access until it’s paid. For a manager, this pauses the whole team. If it’s still unpaid after about three weeks, the subscription ends. Fees for the days you had access remain due and are added to your first payment if you subscribe again.

Referral Credits: When an agent you refer subscribes through your link and pays after their trial, we add 7 days to your subscription. Credits have no cash value, can’t be transferred, and apply only while you have an active subscription. We may change or end the referral program, and we may reverse credits earned through misuse, such as referring yourself.

Affiliate Program: Affiliates we approve earn the commission shown on their affiliate page on payments their referrals make, less refunds. We pay outside the app on the schedule we agree with you, and you are responsible for your own taxes on payouts. We may pause or end an affiliate link at any time. Commission you have already earned remains payable.

The Services may include links to third-party services. SparkAPT is not responsible for third-party content or services.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

You agree that you will not:

Competitive Use: Access or use the Services to develop, support, or enable a competing product or service.

Data Extraction and Scraping: Use any automated or systematic means, including bots, scrapers, or crawlers, to access or extract data from the Services, except through an API key we issue to you and within the limits we set.

API and GraphQL Misuse: Use any SparkAPT API in a manner that exceeds authorized usage or enables unauthorized third-party access.

AI and Model Training Restrictions: Use any data from the Services to train, fine-tune, or develop machine learning or artificial intelligence systems without prior written consent.

Reverse Engineering and Dataset Reconstruction: Attempt to reconstruct or replicate the Services or underlying datasets.

Benchmarking and Competitive Analytics: Use the Services or data to create benchmarking tools or analytics products that compete with SparkAPT.

Resale and Commercial Exploitation: Sell, license, or distribute data obtained from the Services. Sharing apartment information with your own clients through the Services’ features, such as lists, reports, and guest cards, as part of your real estate business is allowed.

Customer Circumvention: Use other SparkAPT users’ contact details obtained from the Services to solicit them for another product or service. This doesn’t limit you from contacting properties or your own clients in the normal course of your business.

API Access: API access is a separate paid add-on, billed as we agree with you. We issue API keys at our discretion. Keep your key confidential. You are responsible for all use of it, and you must not share it or use it to give others access to the Services. We may set usage limits, and we may suspend or revoke a key at any time to protect the Services or enforce these Terms.

SparkAPT may monitor usage of the Services, including API activity, to ensure compliance with these Terms. We reserve the right to:

• Enforce rate limits and usage thresholds
• Suspend or terminate access for suspected violations
• Investigate potential misuse
• Audit usage patterns where reasonably necessary to enforce these Terms

These Terms also apply to our iOS app. Apple is not a party to these Terms and isn’t responsible for the app or its support. Your use of the app must also follow the App Store terms. Subscriptions can’t be bought or managed in the app; use a web browser. You can turn push notifications off in Settings or on your device.

All content, data, software, and materials in the Services, except your content, are owned by SparkAPT or its licensors and are protected by applicable laws. No rights are granted except as expressly stated.

You acknowledge that violations of this section may cause harm that is difficult to quantify. SparkAPT may seek injunctive relief and recover reasonable attorneys' fees.

To the fullest extent permitted by law, damages are agreed to be $10,000 per violation as a reasonable estimate of harm and not a penalty.

You agree to indemnify and hold harmless SparkAPT from any claims arising from your use of the Services or violation of these Terms.

All disputes shall be resolved by binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association, in the State of Delaware, unless otherwise agreed. The arbitrator's decision shall be final and enforceable.

THE SERVICES MAY CONTAIN INACCURACIES OR ERRORS. SPARKAPT MAY MODIFY THE SERVICES AT ANY TIME.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. SPARKAPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

SPARKAPT IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY THIRD-PARTY OR AGGREGATED DATA PRESENTED THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, SPARKAPT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, REVENUE, OR PROFITS.

WHERE LIMITATIONS ARE NOT PERMITTED, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

SparkAPT may terminate or suspend access at any time without notice.

Closing Your Account: You can ask us to close your account at any time in the iOS app under Settings › Profile, or by emailing us. We close it 30 days after your request, and you can withdraw the request before then. When an account closes, we cancel its subscription and delete or anonymize its personal information. If you want a copy of your client data, ask us before your account closes.

These Terms are governed by the laws of the State of Delaware.

These Terms constitute the entire agreement between you and SparkAPT.

SparkAPT may update these Terms at any time. Continued use constitutes acceptance.

Email: data@sparkapt.com
Phone: 737-900-6175