This document sets out the terms and conditions of the facility offered by LumaSoft, LLC (“SparkWallet”)
1. General Terms
a) Variance of Terms and Conditions
All Terms and Conditions may be varied at any time by the issuer
b) Expiry Date of benefits
No expiry date applies to any benefits of the normal operation of this facility.
4. Access to Site Spark Wallet retains the right, at our sole discretion, to deny service or use of the Services or an account to anyone at any time and for any reason. Although we use reasonable efforts to keep the Services and your account accessible, the Services and/or your enrollment may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Services access, or access to your enrollment due to circumstances both within our control (e.g., routine maintenance) and outside of our control. You agree that Spark Wallet will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the services offered through it.
5. Eligilibility, Registration, and Account Our Services are intended solely for users who are 18 years of age or older. If you are under the age of 18, then you are not permitted to register or have use of an account with Spark Wallet. By using the Services, you represent and warrant that you are 18 years of age or older. In order to use the Services, you will be required to create an account with Spark Wallet. You may only register for one account and you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your account and accept all risks of unauthorized access to your account; and (iv) promptly notify Spark Wallet if you discover or otherwise suspect that your account has been subject to hacking or other unauthorized use.
6. Maintaining your Active Account An Active Account means you must have completed a purchase on a Spark Wallet Property in the last twelve (12) calendar months or you must have a Spark Wallet VISA Prepaid Debit Card with an active account. If your account is inactive for more than twelve (12) consecutive months, Spark Wallet will may close your account permanently and cease to maintain your account records and access to the Services.
7. Payments a) Mistaken and Unauthorised transactions All payments are final. If a mistaken or unauthorised transaction occurs, you will need to contact the payee directly to recover the funds. We accept no liability for mistaken or unauthorised payments.
8. Refunds a) Refunds to email or cryptocurrency address owner Refunds can be made to: the owner of the email address originally supplied in the payment the owner of the sending cryptocurrency address. Proof of ownership of the sending cryptocurrency address is required, e.g. by providing a cryptographically signed message from the cryptocurrency address proving ownership (we can help you with this).
9. Customer Credit a) Limit of 5 BTC or equivalent Topping up a Spark Wallet address is restricted to a maximum total of 5 BTC. Bitcoin and Lightning balances are included in this total. If you attempt to credit your wallet with more than 5 BTC equivalent, you will need to contact firstname.lastname@example.org to get a refund. b) Limit of 5 BTC transaction value There is a 5 BTC limit on any single transaction. If you attempt to credit your wallet or make a payment greater than this, you will need to contact email@example.com to get a refund. c) Viewing transactions At any time, you can refer to the transaction history section of the mobile app to see the record of all your payments.
10. Fees and Charges a) Fee for BTC credits There is a fee of 0.3% on BTC top ups. b) Fee for receiving Lightning payments There is no fee to receive Lightning payments. c) Fee for sending Lightning payments There may be a variable routing fee applied when sending Lightning payments. This fee is passed on to Lightning nodes routing the payment, and is not retained by Spark Wallet e) Fee for sending BTC payments There is a fixed fee applied when sending BTC 'on-chain' payments. This fee varies depending on the current state of the Bitcoin Mempool, and will be quoted to you before you confirm the payment. The minimum amount that can be sent 'on-chain' is 0.00003 BTC + the fixed fee. f) Variance of fees or charges Fees and charges are subject to change during the life of this facility. If fees or charges change, information about changes to fees and charges will be made available in our disclosure document.
11. Use of the Services As conditions of your use of the Site, and in addition to other conditions set forth in these Terms, you agree that: You are of sufficient age, and are legally authorized, to use the Services, as specified in these Terms; You are able to create a binding legal obligation; You are not barred from receiving the Services under applicable law; You will not attempt to use the Services or access any company websites with crawlers, robots, data mining, or extraction tools or any other functionality; Your use of the Services will at all times comply with these Terms; You will use the Services only for legitimate transactions that comply with the letter and spirit of the terms of the respective offers or retailers; You have the right to provide any and all information you submit to us, and all such information is accurate, true, current, and complete; You will update and correct information you have submitted to us and ensure that it is accurate at all times (out-of-date information will invalidate your enrollment); and, You will only make purchases, receive benefits, or otherwise participate in programs through the Services by enrolling in the Services.
12. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Spark Wallet BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, THE GIFT CARDS, GIFT PROMOTIONS, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF GIFT CARDS OR GIFT PROMOTIONS), USER CONTENT, Spark Wallet CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF Spark Wallet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THUNDERWALLET’s TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50.00) (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY GIFT CARDS OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED WITH A GIFT CARD).
13. Spark Wallet Rewards The "Sparks Back" Rewards program is a rewards program aimed at rewarding Customers for their loyalty to SparkWallet. The amount of the Rewards may vary from product to product and SparkWallet retains the right to establish and subsequently increase, decrease or eliminate the reward given for any Product, as well as to suspend or terminate the program at any time, for a particular Customer or for all Customers. The Reward amounts earned by a Customer cannot be withdrawn, transferred or assigned, and can be used exclusively to purchase Products at SparkWallet.