Flashnets Markets, Inc.

Terms of Service

Date of Last Revision: March 28, 2025

1 Acceptance of These Terms of Service

Please read these Terms of Service (the "Terms") carefully, as they govern your use of the website located at https://www.flashnet.xyz/ (the "Site") and services accessible via the Site offered by Flashnets Markets, Inc. (“Flashnet,” “we,” “us,” or “our”), a Republic of Panama corporation. To make these Terms easier to read, the Site and our services are collectively called the “Services." By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an entity or other organization, you are agreeing to these Terms for that entity or organization and representing to Flashnet that you have the authority to bind that entity or organization to these Terms (and, in which case, the terms “you” and “your” will refer to that entity or organization). If you do not accept the terms and conditions of these Terms, you will not access, browse or otherwise use the Service.

BY USING THESE SERVICES, YOU REPRESENT THAT YOU ARE NOT A PERSON OR ENTITY WHO IS RESIDENT IN, A CITIZEN OF, IS LOCATED IN, IS INCORPORATED IN ANY RESTRICTED TERRITORY (REFERRED TO HEREIN AS A “RESTRICTED PERSON"). THE SERVICES ARE NOT OFFERED TO RESTRICTED PERSONS. WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE ANY OF THE SERVICES, AS DEFINED BELOW. USE OF A VIRTUAL PRIVATE NETWORK (“VPN") TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FLASHNET THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLYSECTION 14 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 14 WILL NOT APPLY TO YOU BUT THE PROVISIONS OFSECTION 13 (GOVERNING LAW AND FORUM CHOICE) WILL APPLY INSTEAD.

Modification; Additional Terms. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms by visiting the “Terms of Service” link on the Site. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Service. When using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms.

2 Access and Use of the Service

Legal Compliance: The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws, rules, and regulations when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that:

  1. You are not a resident, national, or agent of Cuba, Iran, North Korea, Syria, Belarus, Russia, and the Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions of Ukraine, or any other country or jurisdiction to which the Republic of Panama, His Majesty's Treasury of the United Kingdom (as extended to the Cayman Islands by statutory instrument), the United Kingdom, United States, the United Nations Security Council, or the European Union (the “Relevant Jurisdictions”) embargoes goods or imposes similar sanctions as may be determined and updated by the Relevant Jurisdictions from time to time (collectively, “Restricted Territories");
  2. You are not a member of any sanctions list or equivalent established by the Republic of Panama, the United Kingdom, United States, the United Nations Security Council, or the European Union (collectively, "Sanctions Lists Persons") and you do not intend to transact with any Restricted Person or Sanctions List Person;
  3. You will not use any software or networking techniques, including use of a VPN, to modify your internet protocol address for the purpose of circumventing the prohibitions in this Section. We reserve the right, but have no obligation, to monitor the locations from which our Services are accessed. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses, and unique device identifiers, or to any user who we believe is in breach of these Terms. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason;
  4. Your access to the Services (a) is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Flashnet, you, or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity; or (b) will not be used to engage in or facilitate any illegal activity.

3 Privacy Notice.

Please review our Privacy Notice, located at [*], which also governs your use of the Services, for information on how we collect, use and share your information and agree to provide this Privacy Notice (or any updated version thereof as may be provided from time to time) to each individual (such as any individual directors, shareholders, beneficial owners, authorised signatories, trustees or others) whose personal data you provide to Flashnet.

4 Who May Use the Services?

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Flashnet, and not otherwise barred from using the Services under applicable law.

5 Conditions of Access and Use

Flashnet is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

The following are examples of the or uses that are illegal or prohibited by Flashnet. Flashnet reserves the right to investigate and take appropriate legal action against anyone who, in Flashnet's sole discretion, violates this provision, including reporting the violator to law enforcement authorities. You agree not to do any of the following:

  1. use, display, mirror or frame the Services or any individual element within the Services, Flashnet's name, any Flashnet trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Flashnet's express written consent;
  2. access, tamper with, or use non-public areas of the Services, Flashnet's computer systems, or the technical delivery systems of Flashnet's providers;
  3. attempt to probe, scan or test the vulnerability of any Flashnet system or network or breach any security or authentication measures;
  4. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Flashnet or any of Flashnet's providers or any other third party (including another user) to protect the Services;
  5. attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Flashnet or other generally available third-party web browsers;
  6. use any meta tags or other hidden text or metadata utilizing an Flashnet trademark, logo URL or product name without Flashnet's express written consent;
  7. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  8. use or attempt to use the Services in a manner that tampers with, abuses, exceeds authorized access, or harms the Site;
  9. seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including the deployment of viruses and denial of service attacks;
  10. violate any applicable local, state, national, or international law, or any regulations having the force of law, including any laws or regulations concerning the integrity of trading markets (e.g., manipulative tactics commonly known as spoofing and wash trading) or trading of securities or derivatives;
  11. engage in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
  12. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  13. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  14. encourage or enable any other individual to do any of the foregoing.

6 About the Services.

  1. Generally. The Site is designed to provide an interface to the Flashnet Protocol (“Protocol”), as more fully described in the Site documentation and accessible using the scaling solution located at https://spark.info/ (the "Spark Network").

  2. Digital Wallet. You may use the Protocol by (i) connecting compatible digital wallet(s) to cryptographically sign and authenticate transactions; and (ii) establishing and funding compatible threshold-based digital wallet(s) to execute transactions. Transactions are processed by the Protocol and settled by the Spark Network according to its autonomous processing of your cryptographically signed message. We do not store value on your behalf and cannot alter or revert your messages.

  3. Flashnet is not a Broker, Financial Institution, Financial Advisor, Investment Advisor, or Intermediary and is in no way your Agent, Advisor, or Custodian.Flashnet cannot initiate a transfer of any of your cryptocurrency or digital assets or otherwise access your digital assets. Flashnet has no fiduciary relationship or obligation to you regarding any decisions or activities that you effect in connection with your use of the services.

  4. You bear full responsibility for verifying the legitimacy and authenticity of transactions you conduct using the protocol. Notwithstanding indicators and messages that suggest verification, Flashnet makes no claims about the legitimacy or authenticity of assets on the site.

  5. Transactions Are Conducted on the Spark Network. Flashnet does not buy, sell, or take custody or possession of any digital assets, nor does it act as an agent or custodian for any user of the Services. Any transactions that you engage in will be definitively settled in accordance with the operation of the underlying Spark Network. We have no control over your transactions, nor do we have the ability to reverse any transactions.

  6. Service Fees. You may be charged fees for access to some or part of the Services. Those fees may change at any time without notice. The amount of fees applicable to any aspect of the Service will be made visible at the time that you access that functionality. Any transaction fees are your responsibility.

  7. Taxes. You are solely responsible for all costs incurred by you in using the Services, and for determining, collecting, reporting, and paying all applicable Taxes that you may be required by law to collect and remit to any governmental or regulatory agencies. As used herein, "Taxes" means the taxes, duties, levies, tariffs, and other charges imposed by any federal, state, multinational or local governmental or regulatory authority. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law.

  8. Suspension or Termination. We may suspend or terminate your access to the Services at our sole discretion, at any time and without notice to you in connection with any transaction as required by applicable law, any governmental authority, or if we, in our sole and reasonable discretion, determine you are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not constitute a breach of these Terms by Flashnet. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, Flashnet may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include, where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.

7 Intellectual Property Rights

  1. Service Content. You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Flashnet retains all rights to Service Content. Furthermore, except as expressly authorized by Flashnet (e.g., to the extent any of the code relating to the Protocols is made available under an open source license), you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

  2. Trademarks. Flashnet name and logos are trademarks and service marks of Flashnet (collectively the "Flashnet Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Flashnet. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Flashnet Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Flashnet Trademarks will inure to our exclusive benefit.

  3. Third-Party Material. Under no circumstances will Flashnet be liable in any way for any content or materials of any third parties, including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Flashnet does not pre-screen content, but that Flashnet and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, Flashnet and its designees will have the right to remove from the Site any content that violates these Terms or is deemed by Flashnet, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

  4. User Feedback. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Flashnet are non-confidential and Flashnet will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

8 Third-Party Services

The Service may provide access to services, sites, technology, applications and resources that are provided or otherwise made available by third parties (the “Third-Party Services"). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party. Flashnet has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Flashnet, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Flashnet will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

9 Termination.

Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15.

10 Indemnification

You will indemnify and hold Flashnet and its officers, directors, employees and agents ("Flashnet Parties"), harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or (b) your violation of these Terms.

11 Warranty Disclaimers

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Flashnet expressly disclaims all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Flashnet makes no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; or (d) the quality of any products, services, applications, information, or other material purchased or obtained by you through the service will meet your expectations.

By accessing and using the service, you represent and warrant that you understand the inherent risks associated with using spark network, cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets, such as bitcoin, and bridging across different blockchain and spark network solutions. You further understand that the markets for these digital assets are highly volatile due to various factors, including adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with spark network, cryptographic and blockchain-based systems such as the protocols are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to spark network, cryptographic and blockchain-based systems. You further acknowledge that flashnet parties are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the service. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using spark network, cryptographic and blockchain-based systems.

12 Limitation of Liability

To the maximum extent permitted by law, flashnet parties will not be liable for any incidental, special, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these terms or from the use of or inability to use the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not flashnet parties have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

To the maximum extent permitted by law, in no event will flashnet parties' total liability arising out of or in connection with these terms or from the use of or inability to use the services exceed the amounts you have paid or are payable by you to flashnet for use of the services or one hundred dollars ($100), if you have not had any payment obligations to flashnet, as applicable.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between flashnet and you.

13 Governing Law and Forum Choice.

These Terms and any action related thereto will be governed by the laws of the Republic of Panama, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 14 (Dispute Resolution by Binding Arbitration) the exclusive jurisdiction for all Disputes (defined below) that you and Flashnet are not required to arbitrate will be the courts located in the Republic of Panama, and you and Flashnet each waive any objection to jurisdiction and venue in such courts.

14 Dispute Resolution by Binding Arbitration

  1. Mandatory Arbitration of Disputes. Each party agrees that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Flashnet agree that Republic of Panama law governs the interpretation and enforcement of these Terms, and that you and Flashnet are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

  2. Exceptions. As limited exceptions to Section 14.1 above: (i) either party may seek to resolve a Dispute in the Summary Court of the Cayman Islands if it qualifies; and (ii) either party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

  3. Conducting Arbitration and Arbitration Rules. Any Disputes arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by binding arbitration to be administered by the Cayman International Mediation and Arbitration Centre (CI-MAC) in accordance with the CI-MAC Arbitration Rules (the "Arbitration Rules") in force as at the date of these Terms, which Arbitration Rules are deemed to be incorporated by reference to these Terms. The arbitration shall be conducted in the English language and the place of arbitration shall be in George Town, Grand Cayman, Cayman Islands. The arbitration shall be determined by a sole arbitrator to be appointed in accordance with the Arbitration Rules. The decision of the sole arbitrator to any such dispute, controversy, difference or claim shall be in writing and shall be final and binding upon both parties without any right of appeal, and judgment upon any award thus obtained may be entered in or enforced by any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or in relation to these Terms shall be instituted in any court of any jurisdiction. If any litigation or arbitration is necessary to enforce the terms of these Terms, the prevailing party will be entitled to have their attorney fees paid by the other party. Each party waives any right it may have to assert the doctrine of forum non conveniens, to assert that it is not subject to the jurisdiction of such arbitration or courts or to object to venue to the extent any proceeding is brought in accordance herewith.

  4. Arbitration Costs. Responsibility of payment of all filing, administration and arbitrator fees will be governed by the Arbitration Rules. We each agree that the prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

  5. Injunctive and Declaratory Relief. Except as provided in Section 14.2 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

  6. Class Action Waiver. You and flashnet agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this dispute resolution section shall be null and void.

  7. Severability. With the exception of any of the provisions in Section 14.6 of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

15 General

  1. Reservation of Rights. Flashnet and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

  2. Entire Agreement. These Terms and the Privacy Notice constitute the entire and exclusive understanding and agreement between Flashnet and you regarding the Services, and these Terms and the Privacy Notice supersede and replace all prior oral or written understandings or agreements between Flashnet and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Flashnet's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Flashnet may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  3. Notices. Any notices or other communications provided by Flashnet under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

  4. Waiver of Rights. Flashnet's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Flashnet. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  5. Third Party Rights. Any indemnified person not being a party to these Terms may enforce any rights granted to it pursuant to these Terms in its own right as if it were a party to these Terms. Except as expressly provided in this Section 15.5, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act (as amended) to enforce any term of these Terms.

  6. Notwithstanding any term of these Terms, the consent of or notice to any person who is not a party to these Terms shall not be required for any termination, rescission or agreement to any variation, waiver, assignment, novation, release or settlement under these Terms at any time.

16 Contact.

If you have any questions about these Terms or the Services, please contact Flashnet at [email protected]