1. Acceptance of Terms
By accessing or using the SparkBNB platform ("Platform"), operated by Leads Under Control LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.
We reserve the right to update these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the revised Terms. We will notify registered users of material changes via email or in-app notification.
2. Platform Description
SparkBNB is a technology marketplace that connects property owners and managers ("Hosts") with independent cleaning professionals ("Cleaners"). SparkBNB is not a cleaning company. We do not employ Cleaners, and we do not directly provide cleaning services.
The Platform facilitates booking, payment, communication, and quality assurance between Hosts and Cleaners. Cleaners are independent contractors who set their own rates, choose their own jobs, and control how they perform their work.
3. Eligibility
You must be at least 18 years old to use the Platform. By creating an account, you represent that:
- You are at least 18 years of age
- You have the legal authority to enter into these Terms
- All information you provide is accurate and current
- You will maintain the accuracy of your account information
4. Account Registration
To use most features of the Platform, you must create an account. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use
We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or engage in fraudulent activity.
5. Host Terms
As a Host, you agree to:
- Provide accurate property information (address, size, access instructions, pet information)
- Ensure safe working conditions for Cleaners
- Maintain a valid payment method on file
- Review and approve completed jobs within 24 hours (auto-approved if no action is taken)
- Report legitimate issues promptly through the dispute resolution process
- Not contact Cleaners outside the Platform to circumvent fees
6. Cleaner Terms
As a Cleaner, you acknowledge and agree that:
- You are an independent contractor, not an employee of SparkBNB or any Host
- You are responsible for your own taxes, insurance, and business expenses
- You must complete identity verification and background check before accepting jobs
- You must follow the SparkBNB cleaning checklist and upload completion photos
- You must check in via GPS at the property location
- You will not solicit Hosts for direct payment outside the Platform
- You are subject to the strike policy (3 strikes = account suspension)
7. Bookings and Payments
Pricing: All prices are displayed before booking confirmation. The total includes the cleaning service fee and platform service fee. There are no hidden charges.
Payment processing: All payments are processed through Stripe, a PCI-compliant payment processor. We do not store full credit card details on our servers.
Host charges: Your saved payment method is charged when a booking is confirmed. The charge appears as "SPARKBNB" on your statement.
Cleaner payouts (invite-only launch): Cleaners are paid every Friday via Zelle, Cash App, Venmo, or direct bank transfer for all jobs approved during the prior week (auto-approved 24 hours after completion if the Host takes no action). Same-day and instant payouts are not offered at launch. SparkBNB may transition to Stripe-based automated payouts as volume grows; cleaners will be notified in advance.
Surge pricing: Same-day bookings (+35%), urgent bookings under 4 hours (+55%), and emergency bookings under 2 hours (+85%) carry host-side surcharges that are clearly displayed before confirmation. Weekend bookings (Sat/Sun) add +15% symmetrically for both host and cleaner.
8. Cancellation Policy
Host cancellations:
- More than 24 hours before service: Full refund, no fee
- 12-24 hours before service: 50% refund
- Less than 12 hours before service: No refund
Cleaner cancellations:
- More than 24 hours before service: No penalty
- 12-24 hours: 1 strike
- 2-12 hours: 1 strike + potential replacement fee
- Less than 2 hours: 2 strikes + $25 penalty
- No-show: Full Host refund, 2 strikes, potential account suspension
When a Cleaner cancels, the Platform will automatically attempt to find a replacement. The Host is never left without options.
9. Dispute Resolution
If a Host is unsatisfied with a cleaning, they may file a dispute within 24 hours of job completion. Disputes are reviewed by our team and resolved within 48 hours. Resolution options include:
- Full refund to Host (Cleaner receives no payment)
- Partial refund (50/50 split)
- Full payment to Cleaner (dispute denied)
Completion photos uploaded by the Cleaner serve as evidence during dispute resolution. This is why photo documentation is mandatory.
10. Prohibited Conduct
You may not:
- Use the Platform for any illegal purpose
- Circumvent Platform fees by arranging direct payments
- Harass, threaten, or discriminate against any user
- Submit false reviews or fraudulent disputes
- Create multiple accounts to evade suspensions
- Use bots, scrapers, or automated tools to access the Platform
- Share your account credentials with others
- Post false or misleading property information
11. Intellectual Property
The SparkBNB name, logo, brand elements, website design, and proprietary technology are owned by Leads Under Control LLC. You may not reproduce, distribute, or create derivative works without written permission.
Content you upload to the Platform (photos, reviews, property descriptions) remains yours, but you grant us a non-exclusive, royalty-free license to use it for Platform operations and marketing.
12. Limitation of Liability
To the maximum extent permitted by law:
- The Platform is provided "as is" without warranties of any kind
- We are not liable for the quality, safety, or legality of cleaning services
- We are not liable for any damage to property caused by Cleaners (Cleaners are responsible for their own liability insurance)
- Our total liability for any claim arising from use of the Platform shall not exceed the amount paid for the specific booking at issue
- We are not liable for indirect, incidental, special, consequential, or punitive damages
13. Indemnification
You agree to indemnify and hold harmless Leads Under Control LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform, violation of these Terms, or violation of any third-party rights.
14. SMS & Messaging Consent
By creating a SparkBNB account or otherwise providing your mobile number to the Platform, you consent to receive text messages (SMS/MMS) from SparkBNB related to your account and bookings. These include, without limitation:
- Account verification and security codes
- Booking confirmations, reminders, and status updates (e.g., cleaner on the way, job completed)
- Dispute and safety notifications
- Payout and payment confirmations
- Occasional operational updates about the service
Message and data rates may apply depending on your mobile carrier and plan. Message frequency varies based on your activity on the Platform.
Opt-out: You may opt out of non-critical messages at any time by replying STOP to any SparkBNB text. You may also reply HELP for help or contact us at hello@sparkbnb.com. Opting out of SMS may limit functionality (e.g., you will still receive critical account and transactional notifications via email or in-app).
Mobile information, including phone numbers and message content, is used solely for the purposes described above and is never sold, rented, or shared with third parties for their marketing purposes. SparkBNB uses Telnyx as its messaging provider to deliver SMS on our behalf; Telnyx's processing of messages is governed by its privacy policy.
15. Privacy
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
16. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Subject to the arbitration provisions in §19, any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Broward County, Florida.
17. Force Majeure
We are not liable for any delay, failure, or inability to perform our obligations under these Terms due to any cause beyond our reasonable control, including but not limited to: acts of God, hurricanes, flooding, fires, earthquakes, pandemic or epidemic, government action, labor strikes, power or internet outages, third-party service failures (including payment processors, hosting providers, SMS carriers, or email delivery services), cyberattacks, or other force majeure events. If such an event continues for more than thirty (30) days, either party may terminate affected bookings without penalty.
18. DMCA & Content Takedown
We respect intellectual property rights and comply with the Digital Millennium Copyright Act. If you believe content on the Platform infringes your copyright, send a written notice to dmca@sparkbnb.com including: (a) identification of the copyrighted work, (b) identification of the allegedly infringing material with URL, (c) your contact information, (d) a statement of good-faith belief that the use is not authorized, (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on the owner's behalf, and (f) your physical or electronic signature. We will investigate and remove infringing content as required by 17 U.S.C. § 512.
19. Binding Arbitration & Class Action Waiver
YOU AND SPARKBNB AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY BOOKING SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION — NOT IN COURT AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
19.1 Arbitration provider. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for Hosts) or Commercial Arbitration Rules (for Cleaners and business users), as applicable. The rules are available at adr.org.
19.2 Seat and governing law. The arbitration shall take place in Broward County, Florida (or by video at either party's election). Florida law governs the interpretation of these Terms and the arbitration agreement, except that the Federal Arbitration Act governs the enforceability of this §19.
19.3 Class action waiver. YOU AND SPARKBNB AGREE TO BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.
19.4 Small-claims carve-out. Notwithstanding the foregoing, either party may bring an individual claim in the small-claims court of Broward County, Florida, for any dispute within that court's jurisdiction.
19.5 Injunctive relief carve-out. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or enforce confidentiality obligations.
19.6 Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@sparkbnb.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email used to register, and a statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
19.7 30-day informal resolution. Before initiating arbitration, the party raising a claim must send a written notice describing the claim to legal@sparkbnb.com. The parties will attempt to resolve the claim informally within thirty (30) days. Only if the claim is not resolved within that period may arbitration be initiated.
19.8 Severability of this §19. If the class action waiver is held unenforceable as to a particular claim, that claim shall be severed and proceed in a court of competent jurisdiction, but the remainder of §19 shall remain in force for all other claims.
20. Assumption of Risk
Hosts acknowledge that Cleaners are independent third parties. Hosts accept the risks inherent in inviting service providers onto their property, including but not limited to: personal property loss, property damage, or conduct of the Cleaner. SparkBNB requires Cleaner verification and insurance but does not guarantee Cleaner conduct. Hosts are encouraged to maintain their own property and liability insurance.
21. Accessibility
We strive to make the Platform accessible to users with disabilities. If you encounter an accessibility barrier, please contact hello@sparkbnb.com. See our Accessibility Statement for more information.
22. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
23. Entire Agreement
These Terms, together with the Privacy Policy and (for Cleaners) the Independent Contractor Agreement, constitute the entire agreement between you and SparkBNB regarding your use of the Platform, superseding any prior agreements or understandings.
24. Contact
For questions about these Terms, contact us at:
- Email: hello@sparkbnb.com
- Leads Under Control LLC
- Pompano Beach, FL 33060