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privacy-policy.html
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<!DOCTYPE html><!-- This site was created in Webflow. https://www.webflow.com -->
<!-- Last Published: Wed Dec 20 2023 18:46:04 GMT+0000 (Coordinated Universal Time) -->
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<div class="heading-jumbo">Privacy Policy & Terms of Use<br></div>
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<div>Telos Spark (“We”) are committed to protecting and respecting your privacy. This policy and any other documents referred to in it, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.TelosSpark.xyz , you are accepting and consenting to the practices described in this policy. For the purpose of the Data Protection Act 1998 (the “Act”) and the General Data Protection Regulation 2018 (the “GDPR”), the data controller is Telos Spark. Our nominated representative for the purpose of the Act is Telos Spark.</div>
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<p class="paragraph-light"><strong>1. Information we collect from you<br><br></strong>We will collect and process the following data about you:<br><br><strong>a) Information you give us:</strong> This is information about you that you give us by filling in forms on our site, TelosSpark.xyz (“our site”) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you use our site, submit contact forms or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, personal description.<br><br><strong>b) Information we collect about you:</strong> With regard to each of your visits to our site we will automatically collect the following information: Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any number or email used to reach our customer service. <br><br><strong>2. Cookies<br><br></strong>Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. <br><br><strong>3. Uses made of the information<br><br></strong>We use information held about you in the following ways:<br><br><strong>a) Information you give to us. We will use this information: </strong>To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;To provide you with information about other goods and services we offer or enquired about;To provide you with a response to any enquiry submitted;To ensure that content from our site is presented in the most effective manner for you and for your computer.<br><br><strong>b) Information we collect about you. We will use this information:</strong>To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;To improve our site to ensure that content is presented in the most effective manner for you and for your computer;To allow you to participate in interactive features of our service, when you choose to do so;As part of our efforts to keep our site safe and secure;To make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.<br><br><strong>c) Information we receive from other sources.</strong>We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive). <br><br><strong>4. Disclosure of your information<br><br></strong>You agree that we have the right to share your personal information with. We will use this information:Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. Any other member of the TelosSpark web-based platform. Selected third parties including:Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you;Analytics and search engine providers that assist us in the improvement and optimisation of our site.We will disclose your personal information to third parties: If TelosSpark.xyz or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or to protect the rights, property, or safety of Telos Spark., our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. <br><br><strong>5. Where we store your personal data<br><br></strong>The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.All information you provide to us is stored on a third-parties secure server. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. <br><br><strong>6. Your rights<br><br></strong>You have the qualifying right to:Access any of your personal data we hold;Remove or amend your personal data;Opt-out of marketing communications; Determine how your personal data is processedMake a complaint about how your personal data is treated by us.We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can also exercise your data rights at any time by contacting us at support@TelosSpark.xyz. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for them or their policies. Please check these sites and their policies before you submit any personal data to these websites. <br><br><strong>7. Access to information<br><br></strong>The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you. <br><br><strong>8. Changes to our privacy policy<br><br></strong>Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy. <br><br><strong>9. Contact: <br><br></strong>Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Support@TelosSpark.xyz<br><br>All rights reserved.</p>
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<p class="paragraph-light"><strong>TelosSpark.xyz, LastUpdated: December 14, 2023<br><br>Telos Spark, and/or its affiliates (“we,” “our,” or “us”) provides its software services through its mobile applications and products (collectively the“Services” or “Telos Spark”). Before using our Services, please read the Terms of Service (the “Terms”) carefully, along with any other policies or notices on our website or applications.<br><br><br>AGREEMENT TO TERMS<br><br>By accessing or using any or all of the Services, you expressly acknowledge that<br><br>(i) you have read and understood these Terms;<br>(ii) you agree to be bound by these Terms; and<br>(iii) you are legally competent to enter into these Terms.<br><br>If you do not agree to be bound by these Terms or any updates or modifications to these Terms, you may not access or use our Services.<br><br>WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF Telos Spark AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS.DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.<br><br>PRIVACY POLICY<br><br>For an explanation on how we collect, use and disclose information from ourusers please see our Privacy Policy at https://TelosSpark.xyz/privacy-policy.html<br>You acknowledge and agree that your use of the Services is subject to, and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with our Privacy Policy.<br><br>UPDATES TO TERMS OR SERVICES<br><br>We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the revised Terms on our website, on our mobile application or through other methods of communication which we deem reasonable. Such revised Terms as posted will take effective immediately, unless otherwise indicated. You should regularly check our website to inform yourself of any such changes and decide whether or not to accept the revised version of these Terms. If you continue to use Telos Spark following any update or modification of the Terms you shall be deemed to have accepted the revised Terms. If you do not agree to the Terms or any update or modification to the Terms, you must cease to access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of theServices, at any time and without prior notice, and at our sole discretion.<br><br>ELIGIBILITY<br><br>To be eligible to use Telos Spark:<br><br>(i) you must be at least eighteen (18) years old and legally competent to enterinto these Terms;<br>(ii) you must not be a resident of sanctioned jurisdictions according to anytrade embargoes, UN Security CouncilResolutions (“UNSCR”) or HM Treasury's financial sanctions regime; and<br>(iii) you must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority. If you are using our Services on behalf of a legal entity, you further represent and warrant that:<br>(iv) the legal entity is duly organized and validly existing under theapplicable laws of the jurisdiction of its organization; and<br>(v) you are duly authorized by such legal entity to act on its behalf. You canonly use our Services if permitted under the laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws.<br><br>Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our Services with legally-obtained funds that rightfully belong to you. By using Telos Spark, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people accessor use Telos Spark, however, and we reserve the right to change our eligibility criteria at any time.<br><br><br><br>Accuracy of Information Provided by User<br><br>You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services. We strongly encourage you to review your details carefully before attempting a transaction.<br><br><br><br>Taxes<br><br>It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any DigitalAsset-related transactions.<br><br>THIRD PARTY SERVICES AND CONTENT<br><br>In no event shall a description or reference to a third party’s product orservice(including, but not limited to, providing a description or reference viahyperlink) be construed as an endorsement or promotion of such third partyproducts or services by us. We retain the exclusive right to add to, modify, orcancel the availability of any Third Party Service. You may agree to receivepush notifications from Third Party Content providers. In order to receive pushnotifications, you must opt in to the service. Push notifications will not beautomatically enabled on your device for Third Party Content. We do notcontrol, endorse, or adopt any Third Party Content shared through pushnotifications, and will have no responsibility for Third Party Contentincluding, but not limited to, token availability and/or sales. If, to the extentpermitted by Telos Spark, you grant express permission to a third partyto access or connect to your Telos Spark account, either through the third party’s product or service or through Telos Spark, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party with access to your wallet.<br><br>INTELLECTUAL PROPERTY<br><br>License<br><br>As long as you agree to and comply with the present Terms, we grant you a non-exclusive, non-sublicensable and non-transferable license to use Telos Spark for your personal use or internal business use only. Except as otherwise expressly permitted in these Terms, you will not:<br><br>(a) reproduce, modify, adaptor create derivative works of any part of Telos Spark;<br>(b) rent, lease, distribute, sell, sublicense, transfer, or provide access to Telos Spark;<br>(c) use Telos Spark for the benefit of any third party;<br>(d) incorporate Telos Spark into a product or service you provide to a third party without our prior written consent;<br>(d) circumvent mechanisms in Telos Spark intended to limit your use;<br>(f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to Telos Spark, except to the extent expressly permitted by applicable law (and then only upon advance notice to us);<br>(g) remove or obscure any proprietary or other notices contained in Telos Spark<br>(h) use Telos Spark for competitive analysis, as part of any other software or project of any kind or to build competitive products.<br><br>Feedback<br><br>From time to time, you may choose to submit feedback to us. We may, in connection with Telos Spark, freely use, copy, disclose, license, distribute and exploit any feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No feedback will be considered your Confidential Information, and nothing in thisAgreement limits our right to independently use, develop, evaluate, or market products or services, whether incorporating feedback or otherwise.<br><br>Open Source<br><br>Telos Spark was developed under a GPL open source license. Information regarding Telos Spark’s current software can be found at https://TelosSpark.xyx software development is community-based, it can be accessed, used, and shared, in modified or unmodified form, by anyone. Please be aware that GPL is a copy left license, which means that any derivative works can only be distributed under the same license terms as the original software. If you have any questions, you should review GNU’s terms and conditions at https://www.gnu.org/licenses/gpl-3.0.en.html.<br><br>Content<br><br>Telos Spark may contain copyrighted material and trademarks including, but not limited to, text and graphics (the “Content”), which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Content. Your use of Telos Spark does not grant you any right, title, or interest in the Content. You agree that you will not copy, reproduce, modify, republish, upload, post, transmit, distribute, collect, sell, license, create derivative works from, or, in any other way, whether manual or automated, exploit any of the Content, in whole or in part.<br><br>YOUR USE OF Telos Spark<br><br>You agree that you will not violate any laws when using our Services. Thisincludes any local, provincial, state, federal, national, or international lawsthat may apply to you. You agree that you will not use our Services to pay for,support, or otherwise engage in any illegal activities including, but notlimited to, illegal or otherwise prohibited trade, illegal gambling, fraud,money laundering, or terrorist activities. For the avoidance of doubt, if wediscover that you have violated these Terms and/or any applicable laws orregulatory requirements, including, but not limited to, the Bank Secrecy Act,we reserve all of our rights and remedies under these Terms and at law and willtake all necessary actions against you.<br><br>You further agree that:<br><br>(i) you will not encourage or induce any third party to engage in any of theactivities prohibited under this Section;<br>(ii) you will not impersonate someone or use or attempt to use another user’swallet without authorization or use our Services in any manner that couldinterfere, disrupt, negatively affect, or inhibit other users from fullyenjoying it;<br>(iii) you will not distribute any virus or other harmful computer code through Telos Spark;<br>(iv) you will not take any action that may impose an unreasonable ordisproportionately large load on our or any of our third party providers’ infrastructure;<br>(v) you will not reverse engineer or bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to theServices including, without limitation, other accounts, computer systems, or networks connected to the Services; and<br>(vi) you will not violate, misappropriate or infringe the rights of Telos Spark, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. Although we have no obligation to monitor any user content, we have absolute discretion to take any necessary actions any time and for any reason without notice in the event you breach these Terms.<br><br>Any use of Telos Spark other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and we shall have the right to terminate your license to use Telos Spark immediately without notice. You acknowledge and accept that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any user content, including any loss or damage to any of your user content.<br><br><br>LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES<br><br>You acknowledge and agree that we have no control over, and no duty to take anyaction regarding:<br><br>(i) failures, disruptions, errors, or delays in the processing of DigitalAssetsthat you may experience while using the Services;<br>(ii) the risk of failure of hardware, software, and Internet connections;<br>(iii) the risk of malicious software being introduced or found in the software underlying Telos Spark;<br>(iv) the risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet address, private key, and Secret Phrase; and<br>(v) the risk of unknown vulnerabilities in or unanticipated changes to the applicable blockchain networks.<br><br>You release us from all liability related to any losses, damages, or claims arising from:<br>(a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Asset addresses;<br>(b) server failure or data loss;<br>(c) unauthorized access to the Telos Spark application;<br>(d) bugs or other errors in the Telos Spark software; and<br>(e) any unauthorized third party activities, including, but not limited to, theuse of viruses, phishing, brute forcing, or other means of attack against Telos Spark. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.<br><br>Limitation of Liability<br><br>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS,OFFICERS,EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DIRECT DAMAGES OR INCIDENTAL, INDIRECT, SPECIAL,PUNITIVE,CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE,PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) WHETHER UNDER CONTRACT,TORT, NEGLIGENCE,STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR ACCESS ORUSE OF THE SERVICES,INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OFYOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE TelosSpark SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); ANY ACTIONS WE TAKE ORFAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;HUMAN ERRORS;TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONEOUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OFANY DEVICEOR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO,THOSE THAT DONOT PERMIT PARTICIPATION IN OUR SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS OUR WEBSITE, SYMMETRIC FINANCE OR THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS,OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TOTHE WEBSITE, Telos Spark APPLICATION OR ANY OTHER ASPECT OF THE SERVICES. SOME JURISDICTIONS DONOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TOYOU. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OFTHE APPLICABLE JURISDICTION.<br><br>Warranty Disclaimer<br><br>Telos Spark IS PROVIDED "AS IS" AND “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY ASPECT OF THE INFORMATION, CONTENT, OR THE SERVICES, WHETHER PROVIDED OR OWNED BY US, OR BY ANY THIRD PARTY OR CONTAINED IN ANY THIRD PARTY MATERIALS OR ON ANY THIRD PARTY WEBSITES ACCESSIBLE OR LINKED TO OUR WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALLOF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE,CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR GIVE WARRANTIES THAT THE ACCESS TO SYMMETRIC FINANCE OR USEOF THE SERVICES AND THE FUNCTIONALITY THEREOF WILL BE CONTINUOUS,UNINTERRUPTED, TIMELY OR ERROR-FREE.SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.<br><br>INDEMNITY<br><br>To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access tothe Services; (b) any feedback or submissions you provide to us concerning Telos Spark; (c) violation of any Third Party Content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.<br><br>TIME LIMITATION ON CLAIMS<br><br>You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim is permanently barred.<br><br>GOVERNING LAW<br><br>No matter where you’re located, the laws of England and Wales will govern theseTerms and the parties’ relationship as if you signed these Terms in England orWales. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the courts of England andWales for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenience in any such action.<br><br>NOTE TO INTERNATIONAL USERS<br><br>If you are a user accessing or using our Services from a region with laws orregulations governing personal data collection, use, and disclosure that differfrom the laws of England and Wales, please be advised that we do not collect orprocess your personal data, except as provided for in our Privacy Policy.<br><br>TERMINATION<br><br>In the event of termination concerning your license to use Telos Spark ,your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address and private key.<br><br>DISCONTINUANCE OF SERVICES<br><br>We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing outside of theServices a backup of any wallet address and private key pair that you maintain in your wallet. Maintaining an external backup of any wallet address and private key pairs associated with your wallet will allow you to access the blockchain network upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time without cost or loss of your Digital Assets. If you do not maintain a backup of your wallet data outside of the Services, you will not be able to access the Digital Assets associated with your wallet. Telos Spark shall not be held responsible or liable for any loss of Digital Assets in the event that we discontinue all or any part of the Services.<br><br>NO WAIVER<br><br>Our failure to exercise or delay in exercising any right, power, or privilegeunder this Agreement shall not operate as a waiver; nor shall any single orpartial exercise of any right, power, or privilege preclude any other orfurther exercise thereof. The waiver of any such right or provision will beeffective only if in writing and signed by a duly authorized representative ofus. Except as expressly set forth in this Agreement, the exercise by eitherparty of any of its remedies under this Agreement will be without prejudice toits other remedies under this Agreement or otherwise.<br><br>SEVERABILITY<br><br>If it turns out that any part of this Agreement is invalid, void, or for anyreason unenforceable, that term will be deemed severable and limited oreliminated to the minimum extent necessary. The limitation or elimination ofthe term shall not affect or impair the validity or enforceability of anyremaining part of that term, clause or provision or any other terms, clauses orprovisions of theseTerms.<br><br>FORCE MAJEURE<br><br>We shall not be held liable for any delays, failure in performance, orinterruptions of service which result directly or indirectly from any cause orcondition beyond our reasonable control, including but not limited to: anydelay or failure due to any acts of God, acts of civil or military authorities,acts of terrorism, civil or industrial disturbances, blockages, embargoes, war,strikes or other labor disputes, fire, earthquakes, storms or othernature-related events, interruption in electrical telecommunications orInternet services or network provider services, failure of hardware equipmentand/or software or other utility failures, smart contract bugs or weaknesses,technological changes, changes in interest rates or other monetary conditions,and, for the avoidance of doubt, changes to any blockchain-related protocol,other catastrophe, or any other occurrences which are beyond our reasonablecontrol, and shall not affect the validity and enforceability of any remainingprovisions. If we are unable to perform our Services outlined in the Terms dueto factors beyond our control, including, but not limited to, theaforementioned force majeure events or changes in applicable laws and/orsanctions policies, we shall not be liable for the Services provided underthese Terms during the time period coincident with the event in question.<br><br>ASSIGNMENT<br><br>You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms without any notice or consent from you. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.<br><br>NO THIRD PARTY BENEFICIARIES<br><br>You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.<br><br>ENTIRE AGREEMENT<br><br>This Agreement sets forth the entire understanding and agreement as to the subject matter here of and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided for above, any modification to these Terms must be in writing and must be signed by both parties.<br><br>NOTICES<br><br>Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receiving electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your account and your use of thenServices.<br><br>QUESTIONS OR COMMENTS<br><br>If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of Telos Spark and our Services or any other matter please send us a message on our contact page. <br><br>Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@TelosSpark.xyz<br><br>All rights reserved<br></strong></p>
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