Terms of Use

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares.
• Account means a unique account created for You to access our Service.
• App means the SparkProxy desktop application offered as the SparkProxy Free VPN, including its installer and updates.
• Community means the network formed by App users whose devices share bandwidth, together with the relay and datacenter capacity SparkProxy operates to carry Community traffic.
• Company (referred to as "We", "Us" or "Our") refers to SparkProxy.
• Service refers to the Website at https://sparkproxy.io.
• You means the individual accessing or using the Service.

Acknowledgment

These are the Terms and Conditions governing the use of this Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. You must be over the age of 18 to use the Service.

Placing Orders for Goods

By placing an Order through the Service, You warrant that You are legally capable of entering into binding contracts. Payment can be made through Visa, MasterCard, American Express, or online payment methods such as Stripe.

Subscriptions

Some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring periodic basis depending on the Subscription plan selected. At the end of each period, Your Subscription will not renew automatically.

The Company may modify Subscription fees with reasonable prior notice. Paid Subscription fees are governed by the Refunds section below.

Day Pass (Paid Trial Access)

In addition to the Free Trial, We offer a Day Pass: a one-time, non-recurring purchase of $5 USD (plus any taxes that apply) that grants full access to the Service for 24 hours from the time of activation. The Day Pass does not automatically renew; to continue using the Service after it expires, you must purchase a new Day Pass or subscribe to a paid plan.

During the 24-hour period, the Day Pass carries no data transfer cap and no bandwidth throttle: it is not subject to the 1 GB allowance or 512 Kbps reduction described under Free Trial Usage Allowance below. Use of the Day Pass remains subject to this Agreement in full, including the Acceptable Use of the Proxy Service, Fair Usage Policy, and Prohibited Resale and API Access sections; in particular, the connection and authentication safeguards described under Authentication Failures and Connection Flooding apply equally to Day Pass access.

Purchasing a Day Pass does not require the identity verification described below. Your payment is still screened by Our payment processor's own fraud controls, and We reserve the right, at Our sole discretion, to request identity verification, to limit the number of Day Passes available to a given customer, payment method, or device, or to refuse or revoke Day Pass access, where We suspect fraud, abuse, or a violation of these Terms. The One Account Per User and Fraudulent Activity provisions below apply to the Day Pass in the same way they apply to the Free Trial and paid Subscriptions.

Day Pass purchases are non-refundable except as set out in the Refunds section below.

Refunds

All purchases made through the Service, including Subscription fees and Day Pass purchases, are strictly non-refundable, except as described below or where a refund is required by applicable law.

In rare circumstances, We may, at Our sole discretion, approve a refund request where you provide a valid reason, such as a duplicate charge, an unauthorized charge, or a billing error. To request a refund, contact support@sparkproxy.io with your account details and the reason for your request, within 14 days of the charge in question. Submitting a request does not guarantee that it will be approved, and We are not obligated to approve any request that does not, in Our judgment, present a valid reason.

Where a refund is approved, the amount refunded will be the amount paid less a 7.5% processing fee, which covers payment processing costs that are not recovered when a payment is reversed. The remaining balance will be returned to your original payment method within a reasonable time. Approval of a refund in one instance does not entitle you to a refund in any other instance and does not waive this Refunds policy for future requests.

No refund, in whole or in part, will be issued where Your account has been suspended or terminated for violation of the Acceptable Use of the Proxy Service, Fraudulent Activity, One Account Per User, or any other provision of these Terms. Filing a chargeback or payment dispute with your card issuer or payment provider, rather than contacting Us directly, in circumstances that do not involve a genuinely unauthorized or erroneous charge, is treated as Fraudulent Activity under the section below.

This Refunds policy does not limit any non-waivable refund or cancellation right available to You under applicable law.

User Accounts

When You create an account with Us, You must provide accurate, complete, and current information. You are responsible for safeguarding Your password and for all activities under Your account.

One Account Per User: Free Trial Abuse

Each individual or organization is permitted to create one (1) account with SparkProxy. Creating multiple accounts for any purpose, including but not limited to obtaining multiple free trials, circumventing plan restrictions, or obtaining service credits more than once, is strictly prohibited.

We actively detect duplicate account creation through our internal abuse detection systems. Any account found to be in violation of this policy will be immediately suspended without prior notice and without refund. SparkProxy reserves the right to permanently ban any user or organization found attempting to exploit the free trial or promotional offerings.

All linked trials are suspended together. Where more than one account is traced to the same individual or organization, suspension is not limited to the newest registration: every linked account that holds an active free trial will be suspended, including the account that was registered first. If you believe accounts have been linked in error, for example two colleagues evaluating the Service from one office network, contact support@sparkproxy.io and we will review it.

Signing up through a datacenter proxy or VPN. The free trial is intended for evaluation by genuine prospective customers. Where a trial is registered or used through a datacenter, hosting, or cloud provider network, or through a VPN, proxy, anonymiser, or any other service that conceals the originating connection, we treat it as an attempt to evade the one-account limit and to abuse the trial. No trial will be activated for such registrations, and where a trial has already been activated it will be suspended without prior notice. If you have a legitimate reason to evaluate the Service from a corporate or hosted network, contact support@sparkproxy.io before registering and we will review the request manually.

Identity Verification for Free Trial Access

Activating the Free Trial requires you to submit a government-issued photo identification document and a live photograph of yourself, captured at the time of registration, for comparison against the submitted identification. This is an additional safeguard for the One Account Per User policy above: it confirms that you are a real, unique individual and have not already registered a trial under another account.

Your identification document and live photograph are used solely to confirm your identity and your eligibility for the Free Trial. This verification is performed in-house by SparkProxy; We do not share your identification document or live photograph with any third party. Once verification is complete, whether the outcome is successful or unsuccessful, the submitted identification image and live photograph are permanently deleted. We do not retain a copy of your identification document, your photograph, or any biometric template derived from either; the only record kept is a verification result (pass or fail) attached to your account. Further detail on how this information is handled is set out in Our Privacy Policy.

Verification decisions are made at Our sole discretion, and We do not guarantee a specific processing time. Submission of identification or a photograph that does not genuinely belong to you, or that has been altered, is treated as providing false identity information under the Fraudulent Activity section below. If you do not wish to complete identity verification, you may still access the Service without it by purchasing a Day Pass or a paid Subscription.

Fraudulent Activity

Any use of the Service that constitutes or involves fraudulent activity is strictly prohibited. This includes, without limitation: providing false identity or payment information, using stolen or unauthorized payment methods, chargebacks without legitimate dispute grounds, misrepresenting your intended use of the Service, or engaging in any conduct designed to deceive SparkProxy or its payment processors.

Accounts associated with fraudulent activity will be immediately blocked and permanently banned. SparkProxy reserves the right to report fraudulent activity to the relevant authorities and to pursue all available legal remedies.

Connection Logging and Usage Data

SparkProxy logs connection information for all users for the purposes of service operation, security monitoring, and abuse prevention. By using the Service You consent to this logging. Logged data is handled in accordance with our Privacy Policy and may be disclosed to law enforcement where required by law.

Acceptable Use of the Proxy Service

By using SparkProxy's proxy infrastructure You agree to use it only for lawful purposes and in compliance with all applicable local, national, and international laws. The following activities are strictly prohibited:

• Accessing, scraping, or collecting data from websites or services in violation of their terms of service where such activity is unlawful
• Conducting unauthorized penetration testing, vulnerability scanning, or any form of cyberattack against third-party systems
• Sending spam, phishing emails, or unsolicited bulk communications through the proxy
• Distributing malware, ransomware, viruses, or any other malicious software
• Engaging in credential stuffing, brute-force attacks, or account takeover attempts
• Facilitating fraud, identity theft, or any other illegal financial activity
• Accessing child sexual abuse material (CSAM) or any illegal content
• Circumventing sanctions, export controls, or government-imposed access restrictions
• Using the proxies for any activity that violates the rights of third parties

SparkProxy operates as a neutral infrastructure provider and does not monitor the content of traffic passing through its proxies in real time. However, We reserve the right to immediately suspend or terminate any account found to be in violation of this Acceptable Use Policy without prior notice and without refund.

Fair Usage Policy

SparkProxy plans include unlimited data transfer. We do not meter, cap, or bill for the volume of data you move through the proxy network, and there are no overage charges for bandwidth consumed. What differs between plans is not how much data you may transfer, but the maximum bandwidth speed and the number of concurrent threads available to your account.

The following limits apply to each plan:

The speeds shown above are the maximum bandwidth available to each plan, not a guaranteed or sustained rate. Actual throughput on any given connection depends on the individual proxy peer serving that request, the geographic location of that peer, the location you are connecting from, the destination you are reaching, and prevailing routing and network conditions between them. Performance to a nearby destination will typically differ from performance across regions.

Individual peers vary in capacity, and a particular peer may not be able to sustain the full bandwidth allocated to your plan. Your plan's speed limit therefore describes the ceiling we apply on our side; it is not a commitment that every peer, route, or destination will reach that figure. Where throughput matters for a specific workload, we recommend testing against your own target destinations during the trial period.

Because data transfer is genuinely unlimited, the bandwidth speed associated with your plan is the mechanism by which we keep the network stable and performant for every customer. Reaching your plan's speed limit does not interrupt your service, suspend your account, or incur an additional charge; requests continue to be served at the maximum speed available to your plan.

Free Trial Usage Allowance

The free trial is metered differently from paid plans. Each trial account includes 1 GB of data transfer at full, unthrottled speed. Once that 1 GB has been consumed the trial is not suspended and access is not withdrawn; instead the connection is reduced to 512 Kbps for the remainder of the trial period, with every other trial feature still available at that reduced speed.

Access to this allowance is conditioned on completing the identity verification described under Identity Verification for Free Trial Access above.

The 1 GB allowance is granted once per individual or organization, consistent with the One Account Per User policy above. It does not accumulate, does not carry over to a paid plan, and is not reset by registering a further account. To return to full speed, upgrade to any paid plan, at which point data transfer becomes unlimited and the speed and thread limits of that plan apply in place of the trial allowance.

Concurrent Thread Limits

The thread allowance shown above is a limit on how many simultaneous connections your account may hold open at once. Requests made while your allowance is fully in use may be queued or refused until a slot becomes free. This is a separate limit from bandwidth speed, and the two are enforced independently.

Sustained attempts to exceed your allocated thread count, or any attempt to circumvent that allocation, constitute a breach of this Fair Usage Policy. That includes sharing a single plan's credentials across multiple users or machines, coordinating connections across more than one account, and automated retry behaviour that repeatedly opens connections above your limit.

Where we identify continued or repeated thread overage we may restrict the bandwidth speed available to your account, in addition to any other remedy available to us under these Terms. This applies to free trial and paid accounts alike. A speed restriction imposed for thread overage is not lifted automatically when usage falls back within your allowance: it stays in place until we remove it, and you must contact support to have the restriction reviewed and your account returned to its normal speed. This is distinct from simply reaching your plan's speed ceiling, which is normal operation and carries no penalty.

Authentication Failures and Connection Flooding

Our gateways apply automatic protection at the network level against clients that flood them with connection attempts or with invalid credentials. Where a client IP address opens an excessive number of connections in a short period, or repeatedly fails proxy authentication (returning HTTP 407 Proxy Authentication Required), that IP address is blocked for 30 minutes. The block applies to the offending client IP rather than to your account, and it expires on its own once the period has elapsed.

Continued violations from the same IP address after a block has expired are treated as deliberate and attract progressively longer blocks, up to and including a permanent block. A misconfigured client is the most common cause, so before retrying please confirm that your credentials are correct, that failed requests are not being retried in a tight loop, and that one set of credentials is not in use on more hosts than your thread allowance permits. If you are blocked and believe it is in error, contact support with your account email and the IP address concerned.

If your workload consistently requires more throughput or more concurrent threads than your current plan provides, you may upgrade to a higher plan at any time, or contact us about a Custom plan for requirements up to 1 Gbps.

This Fair Usage Policy exists to protect service quality on shared infrastructure. It does not permit any use that is otherwise prohibited under these Terms, and in particular does not affect the restrictions set out in the Acceptable Use of the Proxy Service and Prohibited Resale and API Access sections above.

Service Availability and Limitations

SparkProxy strives to maintain 99.9% uptime across all proxy pools. However, We do not guarantee uninterrupted or error-free access to the Service. Scheduled maintenance, network disruptions, or events outside Our reasonable control may temporarily affect availability. SparkProxy shall not be liable for any losses arising from service interruptions.

IP availability, geographic coverage, and pool sizes are provided on a best-effort basis. SparkProxy does not guarantee that a specific IP address, subnet, or country will remain available for the duration of a subscription. We reserve the right to modify pool composition, rotate IPs, or adjust coverage at any time to maintain service quality.

Prohibited Resale and API Access

You may not resell, sublicense, redistribute, or otherwise provide access to SparkProxy's proxy infrastructure to third parties without express written permission from SparkProxy. Automated access to the Service beyond normal proxy usage (such as scraping the SparkProxy dashboard or API endpoints not documented for public use) is prohibited.

SparkProxy App End User Agreement

This End User Agreement applies when You download, install or use the App, and applies in addition to the rest of these Terms. The App's installer shows its own terms, which You accept with a single "I accept" selection. Where those installer terms and this section differ on a matter specific to the App, the installer terms You accepted take precedence.

License

SparkProxy grants You a limited, personal, non-exclusive, non-transferable and revocable license to install and use the App on devices and internet connections that You own or are authorized to administer, for as long as You comply with these Terms. All rights not expressly granted are reserved.

Restrictions

You must not:

• copy, modify, distribute, sell or lease the App, except where the law expressly permits it;
• reverse engineer, decompile or disassemble the App, except to the extent applicable law allows despite this restriction;
• extract, copy or reuse the access keys the App receives for Your device, or use them outside the App;
• interfere with the relay, other Community members' devices, or the App's security, consent and network checks; or
• misrepresent the network You share from, or share from a network that is not eligible, such as a datacenter, hosting or VPN network.

Free Access Through Community Bandwidth Sharing

Community access is free because it is reciprocal: You can use the Community while Your own device shares bandwidth with it. When sharing is on, web traffic from other Community members may leave through Your public internet address. Shared traffic is limited to public web destinations on TCP ports 80 and 443; Your local network, router and other devices are not reachable through it.

Websites may associate that traffic with Your address. This may lead to CAPTCHAs, temporary restrictions, abuse notices or other action by websites or Your internet provider. These controls reduce that risk but cannot remove it. You are responsible for confirming that Your internet provider and any rules that apply to You allow bandwidth sharing, and You must only share a connection You are authorized to share.

Automatic Operation

On Windows, the App starts when You sign in to Windows. On Linux, the App starts in the background when You sign in to Your desktop. On Android, once sharing has started, the App starts again after the device restarts. Once You accept the terms, in the Windows installer or on the App's terms page on Android or Linux, the App starts Community sharing automatically whenever the device is on an allowed network. Choosing Stop sharing in the App menu turns sharing off for the current session, and Your free Community access pauses while it is off. Sharing starts again the next time the App opens. To stop permanently, disable the App's startup entry (in Windows startup apps or Your Linux desktop's startup applications) or uninstall the App.

Device Activation and Access

The App needs no account or login. On first launch it registers Your device with the SparkProxy relay and receives access keys for that device alone. SparkProxy may ask for an invite code, and may suspend, revoke or block a device's access at any time, including blocking the device from registering again, where We believe these Terms have been breached.

Updates

SparkProxy may release updates to the App, and some updates may be required to keep using it. Installing an update briefly stops the App and its local proxy processes, keeps Your settings and device access, and reopens the App.

Information the App Processes

To operate the Community, the App and relay process Your device's name (the Windows or Linux computer name, or the Android device name or model, once, at registration), a one-way hash of a device identifier (Windows' machine ID, Linux's machine-id or Android's app-specific ID) used to enforce blocks, its public internet address, internet provider, network classification, consent state, connection status, selected exit, session timestamps and traffic totals. While You share, the relay periodically checks Your public address through Your connection to confirm the network You share from. Operational records may be kept temporarily for security, reliability and abuse response. See the SparkProxy App section of Our Privacy Policy for details.

No Warranty

The App is provided "as is" and "as available". It may contain defects, disconnect, change Your Windows or Linux desktop proxy settings or Android VPN settings, consume bandwidth or be unavailable. Locations depend on which Community members and capacity are online. No uptime, performance, location or fitness guarantee is given, and the Limitation of Liability section below applies to the App.

You use the App and share Your connection at Your own risk. SparkProxy is not responsible for traffic sent, or acts done, by other Community members through Your connection, or for what follows from it, including CAPTCHAs, blocks, blacklisting of Your address, abuse notices, suspension of Your internet service, legal claims, and damage to Your reputation or goodwill or to the reputation of Your internet address, network or business.

Termination

You may stop using the App at any time by uninstalling it. SparkProxy may suspend or end Your access to the App or the Community at any time. Sections that by their nature should continue after termination, including Restrictions, No Warranty and Limitation of Liability, continue to apply.

SparkProxy App Acceptable Use Policy

Traffic You send through the Community leaves through other people's home and mobile connections, so misuse can harm them directly. The Acceptable Use of the Proxy Service section above applies in full to the App and the Community. In addition, You must not:

• try to reach a sharing member's local network, router or devices, or any private, loopback, link-local or multicast address;
• try to get around the App's port, protocol or destination limits, including by carrying other protocols over ports 80 or 443 to evade them;
• tamper with, spoof or interfere with the App's network classification, location checks or consent records;
• share bandwidth from a connection You are not authorized to share, or from a datacenter, hosting or VPN network;
• send traffic intended to get a sharing member's address blocked, flagged or reported, or use the Community to harass, track or harm any person; or
• resell, sublicense or otherwise provide others with access to Community exits. The Prohibited Resale and API Access section above applies.

SparkProxy may suspend or revoke a device's access without notice where it believes this policy has been breached, and handles records as described in the Connection Logging and Usage Data section above. If You receive an abuse notice about traffic shared through Your connection, contact support@sparkproxy.io.

Intellectual Property

The Service and its original content, features, and functionality are the exclusive property of SparkProxy and its licensors, protected by copyright, trademark, and other laws.

Limitation of Liability

To the maximum extent permitted by applicable law, SparkProxy accepts no liability whatsoever, and its total liability to You is zero, for any loss or damage of any kind arising from or related to the Service, the App or the Community, whether direct, indirect, incidental, special, consequential or punitive. This includes, without limitation, loss of profits, revenue, data, bandwidth or use, damage to Your devices or network, and damage to Your reputation or goodwill or to the reputation of Your business, network or internet address. SparkProxy does not cover any loss, cost or claim.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify and hold harmless SparkProxy against any claims, losses, damages and costs, including reasonable legal fees, arising from Your use or misuse of the Service, the App or the Community, or from Your breach of these Terms.

Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service.

Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Changes to These Terms and Conditions

We reserve the right to modify or replace these Terms at any time. Material changes will be notified at least 30 days before taking effect.

Contact Us

If you have any questions about these Terms and Conditions:
By email: support@sparkproxy.io