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Terms & Conditions

This Terms and Conditions (“This T&C”) sets forth the terms and conditions of use for the finestt ("This Service”) provided by Sparkle AI, Inc. (“Company” or any of “We” or “Us”). Before using This Service, please read This T&C carefully. If you do not agree to This T&C and Privacy Policy, you may not use This Service.

1. Definitions

In This T&C, unless the context requires otherwise:

(i) “This Website” means the accessible from the following URL or its successor URL: https://finestt.me;

(ii) “Prospective User" shall have the meaning as defined in Article 2.1.;

(iii) “User" means a Prospective User with whom This Agreement has been executed in accordance with Article 2.2;

(iv) “This Agreement" shall have the meaning as defined in Article 2.2.;

(v) “User Wallet” shall have the meaning as defined in Article 3.(ⅰ);

(vi) “High-risk Countries” shall have the meaning as defined in Article 2.5.;

(vii) “User Wallet Information” shall have the meaning as defined in Article 3.1.;

(viii) “Service Modification etc." shall have the meaning as defined in Article 6.1.;

(ix) “Service Usage Information" shall have the meaning as defined in Article 4.2.;

(x) “Service Fee” shall have the meaning as defined in Article 5.;

(xi) “Prohibited Acts” shall have the meaning as defined in Article 5.;

(xii) “Documents etc." shall have the meaning as defined in Article 13.1.;

(xiii) “Confidential Information” shall have the meaning as defined in Article 12.1.;

(xiv) “Intellectual Property Rights” means copyrights, patents, utility model rights, design rights, trademarks, and any other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights);

(xv) “Linked Service” means an external service that is linked to This Service;

(xvi) “Anti-Social Forces, etc.” means a crime syndicate, a member of a crime syndicate, a person who has been a member of a crime syndicate for less than five years, a quasi-constituent of a crime syndicate, a company or organization affiliated with a crime syndicate, a general meeting house, a social or political action group, a special intelligence group, a right-wing group or other antisocial group, or any other person who is equivalent to such a group;

(xvii) “Force Majeure” means any of the following events or any other force majeure event:

2. Use of Service

2.1 Entity or person who wishes to use This Service (“Prospective User”) needs to complete the authentication procedure by phone number or any other procedures determined by the Company prior to starting using This Service.

2.2 When the Prospective User completes procedures described in the preceding paragraph, an agreement shall be executed between the Company and the User for the use of This Service in accordance with This T&C (“This Agreement”).

2.3 The User shall prepare, at the User's own expense and responsibility, all software programs, information terminals, communication means, and computer security measures (including but not limited to anti-virus measures) necessary for the use of This Service.

2.4 If a minor uses This Service, the consent of a person with parental authority or other legal representative shall be required for all acts related to the use of This Service (including consent to This T&C).

2.5 If the Company reasonably determines that the User is a citizen or resident of a country or region (including but not limited to the Afghanistan, Myanmar, Syria, Yemen, North Korea, and Iran, hereinafter referred to as “High-risk Countries”) where the use of This Service is restricted or prohibited by applicable laws or regulations in that country, or that the provision of This Service is prohibited or could be construed as illegal, or where there is a risk of such restrictions or prohibitions, the Company shall refuse the use of This Service by the User. In addition, for the purpose of such determination, the Company may request the User to provide us with information on the user's nationality, place of residence, permanent residency, and any other information.

3. Service

The Company shall provide the following functions to Users through This Service:

(i) Generating cryptocurrency wallet (“User Wallet”) and using the User Wallet through This Service;

(ii) Buying and selling cryptocurrency, staking, lending, and any other cryptocurrency-related Linked Service through This Service;

(iii) Other services as determined by the Company.

4. Management of User Wallet Information

4.1 User shall be responsible for managing their private keys, seed phrases, passwords, and any other information related to User Wallet (“User Wallet Information”), and shall take necessary measures to prevent unauthorized use by third parties. User shall be responsible for any and all actions taken by themselves or any third party using User Wallet Information.

4.2 User shall not allow any third party to use or share User Wallet Information, except as permitted by us.

4.3 The Company may deem all acts performed using User Wallet Information, regardless of who the actual user is, to have been performed by the User pertaining to the User Wallet Information.

4.4 In the event that a User’s User Wallet Information has been or may be misused by a third party, the User shall promptly notify us of such misuse and take necessary measures to avoid such misuse.

5. Prohibited Acts

With respect to the use of This Service, the User shall not engage in any of the following acts (“Prohibited Acts”) by themselves or any third party:

(i) Any act that violates or may violate This T&C or laws and regulations;

(ii) Any act that offends or may offend public order and morals;

(iii) Any act that infringes or may infringe Intellectual Property Rights, portrait rights, privacy rights, honor, property, or any other rights or interests of the Company or any other third party;

(iv) Any act that assists or encourages any of the acts listed in the preceding three items;

(v) Use by a minor User without the consent of a legal representative;

(vi) Profit sharing with Anti-Social Forces, etc. or any other act involving Anti-Social Forces, etc.;

(vii) Harassment, slander, or any other similar act against the Company or any other third party;

(viii) Use of This Service by impersonating another User or any other third party;

(ix) Use of This Service for illegal or unjust purposes, or use of This Service in a manner that may damage or degrade the Company’s social reputation;

(x) Using This Service or accessing This Service, or collecting or inputting information, by using information gathering bots, robots, scrapers, or other automated means;

(xi) Falsifying or deleting information pertaining to the Company or other Users or other information posted on the Website;

(xii) Uploading information to This Service or This Website, transmitting such information to the Company or a third party, or making such information available for reception, that falls under any of the following or is deemed by the Company to fall under any of the following:

(xiii) Any act of modifying, deleting, decompiling, disassembling, or reverse engineering programs related to This Service or the Website, or any act of using network monitoring or detection software to determine the site architecture of This Website;

(xiv) Interfering with or impairing the consistency or security of the system of This Service, or attempting to decipher transmissions to or from the server running This Service;

(xv) Unauthorized access or any other act that places an excessive burden on the network or system of This Service or This Website;

(xvi) Providing services or products that are similar to or competitive with This Service, using This Service for the preparation of such services or products, or using This Service for any other purpose other than the purpose of This Service;

(xvii) Use of This Service using a cryptocurrency wallet that User does not have the authority to manage and dispose of;

(xviii) Use of This Service despite being a resident of a High-risk country;

(xix) Continuing to use This Service despite notification that the Company has determined that the User is a resident of a High-risk country;

(xx) In addition to the preceding items, any act that infringes on the rights or interests of the Company or any third party;

(xxi) Any other act that the Company deems inappropriate, and that the Company has notified the User in advance with a reasonable period of time to request cancellation.

6. Service Modification etc.

6.1 We may change, modify, or add to This Service (“Service Modification etc.”) in whole or in part, or temporarily suspend or discontinue providing This Service in whole or in part, for any of the following reasons:

(i) When adding new functions to This Service, or changing, suspending, making private, or deleting existing functions or screen layouts;

(ii) When inspecting or maintaining hardware, software, telecommunications equipment, or other related equipment or systems related to This Service;

(iii) In the event that provision of all or part of This Service becomes difficult due to computer or telecommunication line failures, mishandling, excessive concentration of access, unauthorized access, hacking, or any other unforeseen factors;

(iv) In the event of security problems related to This Service;

(v) In the event of a Force Majeure occurs;

(vi) In the event that it becomes difficult to continue the operation of This Service due to the application or threat of application of laws and regulations, actions based on laws and regulations, or the establishment of new laws and regulations;

(vii) When Service Modifications etc. is necessary due to management reasons;

(viii) When Service Modifications etc. is necessary due to any other reasons similar to those described in the preceding items.

6.2 Notwithstanding the provisions of the preceding paragraph, if the Company deems it unavoidable, the Company may do the Service Modification etc. or terminate all or part of This Service at the Company’s sole discretion.

6.3 In the event that the Company takes any of the measures stipulated in the preceding 2 paragraphs, the Company shall notify the User to that effect. Such notice shall be given in advance in cases where such action will have a significant impact on the User or in other cases deemed necessary by the Company, but this shall not apply in cases of emergency.

6.4 The Company shall give notice of the preceding paragraph by posting the details and schedule on This Website or This Service.

7. Termination by User

7.1 The Company may allow User to terminate This Agreement in accordance with the manner separately determined by the Company. In this case, the User shall no longer be able to use This Service from the timing when the termination takes effect, separately determined by the Company. Upon termination of This Agreement, the User may not be able to use the wallet address of User Wallet and the cryptocurrency stored in such wallet address.

7.2 Notwithstanding the preceding paragraph, if there are any unfulfilled obligations under This T&C, the termination by the User according to the preceding paragraph shall not take effect, and it takes effect only after completing the fulfillment of such unfulfilled obligations.

8. Termination etc.

8.1 If the User falls under any of the following items, the Company may, without prior notice or demand, temporarily or indefinitely suspend all or part of the use of This Service, terminate This Agreement, or issue a warning or take any other measures necessary for the proper operation of This Service by notifying the User in question:

(i) In the event that the User acts the Prohibited Acts or any other violation of any of the provisions of This T&C;

(ii) In the event that the User does not respond to our inquiries or any other communications requesting a response for 30 days or more;

(iii) If a petition is filed for commencement of bankruptcy proceedings, corporate reorganization proceedings, civil rehabilitation proceedings or special liquidation, or other similar proceedings;

(iv) In the event of dishonored bills, suspension of clearance of bills, or suspension of bank transactions;

(v) In the event of provisional seizure, attachment, provisional disposition, or in the event that the auction procedure is initiated, or when a provisional seizure is received due to delinquent payment of taxes and dues;

(vi) In the event that the User’s whereabouts become unknown due to reasons attributable to the User;

(vii) In addition to the preceding items, if the Company reasonably determines that allowing the User to use This Service is inappropriate.

8.2 Termination based on the preceding paragraph shall not preclude the Company from claiming compensation for damages from the User, and the User who has been terminated shall naturally forfeit the benefit of the term and must immediately repay all debts owed to the Company.

9. Intellectual Property Rights

Intellectual Property Rights and any other rights to any and all content and any other creations provided by the Company to Users in connection with This Agreement or provided by the User to the Company shall belong to the Company.

10. Compensation for Damages

10.1 In the event of any damage to the Company or any third party caused by User’s violation of This T&C or User’s willful misconduct or negligence in connection with the use of This Service, the User shall indemnify the Company for all such damages (including reasonable attorneys' fees).

10.2 Even in the event that the Company is liable to the User for damages in connection with This Service, whether for default, tort, or any other cause, the scope of our liability shall be limited to direct, actual, and ordinary damages, and shall not exceed 3,000 USD.

11. No Warranty, Disclaimer etc.

11.1 The Company does not warrant the following items, and shall not be liable for any damages arising out of or in connection with the following items, except in the case of willful misconduct or gross negligence on the part of the Company:

(i) That This Service is suitable for the User's specific purpose or has the functionality, commercial value, accuracy, usefulness, or completeness that the user expects;

(ii) That This Service or the Linked Service conforms to applicable laws and regulations, or is continuously available;

(iii) That This Service conforms to the terms of use of the Linked Service or that This Service can be continuously linked with the Linked service;

(iv) This Service does not infringe on the rights or interests of any third party.

11.2 Except as otherwise required by law, the Company shall not be obligated to store any information provided by the User. User shall store such information at their own risk and expense.

11.3 Any dispute arising between the User and a third party in connection with This Service or This Website shall be resolved by the User at its own responsibility and expense. Although the Company shall endeavor to resolve such disputes from a neutral standpoint, the Company shall not assume any obligation, responsibility, or burden with respect to the resolution of such disputes. If the Company deems it necessary to resolve the dispute and ensure the integrity of This Service, the Company may confirm the facts with the User who is a party to the dispute, and the User shall cooperate with the Company’s confirmation of the facts.

11.4 The User shall be responsible for and bear all taxes and public charges imposed on the User arising out of or in connection with the use of This Service, and the Company shall not be obligated to confirm the type, amount, status of payment, etc. of such taxes and public charges of User.

11.5 Neither the Company nor the User shall be liable for any delay, failure to perform or any other failure to properly perform its obligations under This Agreement due to or in connection with Force Majeure.

11.6 Except in the case of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable for any of the following damages incurred by the User, irrespective of default of obligation, tort or any other cause:

(i) Damage caused by a malfunction or lack of performance of the internet connection service for use of This Service or any other connection environment of the User;

(ii) Damages incurred as a result of the termination pursuant to the Article 7.1.;

(iii) Damages incurred due to inadequate management or error in use of the User Wallet Information by the User, or use of the User Wallet Information by a third party;

(iv) Damages incurred by loss or misplacement of the User's User Wallet Information by the User;

(v) Damages incurred due to the User's failure to comply with procedures, security standards, etc. set forth by the Company;

(vi) Damages caused by errors, bugs or other malfunctions of This Service;

(vii) Damages caused by malfunction or loss of terminal equipment used by the User, malware, spyware, worms, or any other computer viruses or hacking, cracking or any other unauthorized access by a third party;

(viii) Damages incurred as a result of actions taken by the Company pursuant to This T&C (including termination of This Agreement);

(ix) Damages caused by the use of Linked Service.

12. Confidentiality

12.1 User shall keep confidential any and all information that the Company designates as confidential and discloses in connection with This Service or This User Agreement ("Confidential Information").

12.2 User may use the Confidential Information solely for the purpose of using This Service or fulfilling your obligations under This Agreement, and User shall not disclose, divulge, or publish the Confidential Information to any third party without our prior written consent.

13. Exclusion of Anti-Social Forces, etc.

13.1 User and its officers represent and warrant that he/she does not fall under the category of Anti-Social Forces, etc., and will not fall under such category in the future.

13.2 We and the User shall ensure that he/she will not commit any of the following acts by himself/herself or any third party:

(i) Violent acts of demand;

(ii) Unreasonable demands beyond legal responsibility;

(iii) Threatening words or deeds, or using violence;

(iv) Acts of damaging the Company’s credibility or obstructing the Company’s business by spreading false rumors, using deceptive means or force;

(v) Involvement with Anti-Social Forces, etc., regardless of the method or manner.

13.3 In the event that a User is found to fall under the Anti-Social Forces, etc., the Company may terminate This Agreement immediately and prospectively by giving notice to the User.

13.4 We shall not be liable to compensate for any damages incurred by the User as a result of the termination under the preceding paragraph.

14. Notification

14.1 Except as otherwise provided in This T&C, notices and any other communications to User by the Company shall be made by posting on the Website or by other means determined by the Company.

14.2 Except as otherwise provided in This T&C, any inquiries regarding This Service or any other notice or other communication from the User to the Company shall be made by sending an e-mail to an e-mail address separately designated by the Company or by other means determined by the Company.

15. Modification of This T&C

15.1 In any of the following cases, we may change This T&C by specifying the effective date of the change, publicly announcing the fact that This T&C are being changed, the content of the changed This T&C and its effective date by posting the revised This T&C on the Website, or by other appropriate means:

(i) If the content of the modification is compatible with the benefit of the User;

(ii) If the content of the modification is not contrary to the purpose of This T&C and is reasonable in light of the necessity of the modification, the reasonableness of the content after the modification, and other circumstances related to the change.

15.2 Any modification of This T&C pursuant to the preceding paragraph shall take effect from the effective date of the preceding paragraph, and the modified This T&C shall apply to the User.

15.3 If the User continues to use This Service after the modification of This T&C takes effect, the User shall be deemed to have agreed to the modification of This T&C.

15.4 If the User does not agree to the modification of This T&C, the User may terminate This Agreement by notifying the Company through procedures separately determined by the Company no later than one day prior to the effective date of the modification stipulated in Paragraph 1.

16. No Assignments

16.1 User shall not assign, transfer (including in the event of a merger or corporate split), pledge as collateral, or otherwise dispose of its position under This Agreement or its rights or obligations under This Agreement to any third party without prior written consent of the Company.

16.2 In the event that we transfer (including mergers, corporate divestitures, and any other cases in which This Service is transferred) all or part of our business pertaining to This Service to a third party, we may, upon such transfer, transfer to the transferee the contractual status, rights, and obligations based on This Agreement, as well as any and all information regarding the User we obtained through This Service, and the User shall consent to such transfer in advance.

17. Severability

Even if any provision of This T&C or part thereof is determined to be invalid or unenforceable under any law or regulation, the remaining provisions of This T&C or the remaining portions of provisions that are determined to be invalid or unenforceable in part shall remain in full force and effect. In such a case, we and the User shall endeavor to modify the invalid or unenforceable provision or portion thereof to the extent necessary to make it legal and enforceable, and to ensure that the intent, legal, and economic effect of the invalid or unenforceable provision or portion thereof is equivalent.

18. Good Faith Consultation

We and the User shall, in addition to the laws and regulations and commercial practices, consult with each other in the spirit of good faith to resolve any questions of interpretation regarding This T&C, matters not stipulated in This T&C, and other matters related to This T&C.

19. Governing Law and Jurisdiction

19.1 This T&C and This Agreement shall be governed by and construed in accordance with the laws of Japan.

19.2 The courts of Singapore shall have exclusive jurisdiction in the first instance over any litigation or other dispute arising out of or in connection with This T&C or This Agreement.