PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE. YOUR ATTENTION IS DRAWN IN PARTICULAR TO SECTION 3 (DISCLAIMER).
1.1 About Use Your Spark. Use Your Spark (we, us, ours) is a UK based signal provider for the Flare Time Series Oracle, offering vote delegation services to Spark (FLR) token holders (Service), as described in more detail in paragraph 2 below. We are fully operational on the Songbird Network (a canary network of the Flare Network), submitting regular price data, and we expect to be fully operational on the Flare Network as soon as it goes live. More information about the Flare Network (Network) and the rationale behind the decentralised ecosystem of signal providers can be found in our FAQs available here (https://www.useyourspark.com/#FAQs). Please read our FAQs carefully. They explain the design principles behind the Network and its native token, Spark (FLR), the concept and the role of signal providers, the data submission process, the rewards process and other information, which provides important background to our Service.
1.2 How to contact us. You can contact us by email (contact@useyourspark.com) or Twitter (@useyourspark).
1.3 What these terms cover. These are the terms and conditions on which we provide our Service, and the terms and conditions of use of our web portal (Portal). These terms tell you who we are, how we will provide our Service to you, what to do if there is a problem and other important information. Until the Network goes live, these terms apply to our voting delegation service for the Songbird Network, and references to the Network should mean references to the Songbird Network and references to the token or Spark (FLR) should be read as references to the native token of Songbird Network, SGB.
2.1 Signal Provider. We are a signal provider to the Network, which is often referred to as an oracle in the blockchain space. It means that we provide off-chain pricing data for tokens that are supported on the Network. In the future, we may supply other types of data, as and when they become accepted by the Network. The Network has been designed to reward those signal providers who provide reliable and accurate data. More information about how the Network decides which data are accurate and attract rewards can be found in our FAQs and in the Flare Whitepaper.
2.2 Our data feeds algorithms. We have developed our own set of unique algorithms to help bring accurate data feeds to the Network’s decentralised ecosystem. Our algorithms are designed to optimise the accuracy of our data feeds, with the aim of increasing the chances of attracting rewards.
2.3 Delegation. Our Service enables you to receive rewards without having to become a signal provider. If you are a Spark (FLR) token holder, you can earn rewards through us. Every Spark (FLR) token you hold is entitled to one vote. You can delegate all or some of your votes to us. Delegation does not require you to transfer the token to us and you always retain the custody of your token. By delegating your votes, you are simply assigning the voting power of your token(s) to our address. You can also cancel your delegation at any time. Please note that for your votes to participate in a specific rewards epoch, your votes need to have been delegated to us before the vote locks. Please see our FAQs and “Getting Started” guide for further details. Our Getting Started guide also sets out further guidance on how to delegate your Spark (FLR) token(s) to us, including how to wrap your token (which is a necessary step for delegation), as well as how to withdraw your delegation. Please note that it is your responsibility to withdraw your delegation if you no longer wish to use our Service.
2.4 Earning rewards. If our data submission is successful and qualifies for a reward (as determined by the Network governance) in any specific voting round, and your vote is delegated to us for such voting round, you will receive a portion of the available reward. The portion that you will be entitled to receive will be calculated in proportion to the voting power delegated by you to us (i.e. the number of tokens in respect of which you delegated your vote to us) after our fee has been deducted, and is also dictated by the total reward pool available in that specific round. Please see our FAQs page for more details about what the Network rules are for rewards and which signal provider submissions are eligible for rewards.
2.5 Claiming rewards. Your rewards do not automatically increase your Spark (FLR) tokens. You need to claim your rewards first, and you must do this within 90 days from the date when you became eligible to claim them (i.e. the date when they were earned by us on your behalf). Please see our Getting Started guide for details about the rewards claiming process. It is your responsibility to monitor the rewards on the Network.
2.6 Our fees. Our fees, which will be deducted from the pool of rewards for our successful data feeds submissions, will be determined by us from time to time and communicated to the Network. The allocation of signal provider fees and rewards to its voting tokens (including delegated votes) is completed automatically by the Network. Please contact us if you wish to verify our fees at any given time. Alternatively, you can check one of the available third-party resources which keep track of the fees and the success rates of all signal providers, and which should contain the most recent fees and success rates obtained directly from the Network. Please note that we cannot guarantee that any information (including information about our fees) provided by any third party will be accurate and up-to-date.
2.7 Reasons we may suspend our Service. We may have to suspend our Service to deal with technical problems, make minor technical changes, or to make updates to comply with any applicable laws. Our total voting power (i.e. the total number of votes delegated to us, in addition to our own votes) may also sometimes fall below the minimum threshold required by the Network, in which case we will be unable to submit data to the Network for as long as our voting power remains below the threshold. We will resume submission as soon as we have sufficient voting power.
2.8 If we stop the Service. We may contact you to let you know that we are going to stop our Service. If we reasonably can, we will let you know at least 5 days in advance to allow you to withdraw the delegation of your votes to us. It is your responsibility to withdraw your delegation from us. We will also let you know if we are de-whitelisted as a signal provider by the Network (i.e. when we can no longer submit data to the Network), in which case you should withdraw your delegation of votes to us. Please check our Portal and Twitter regularly for any communications from us.
3 Disclaimer
3.1 The nature of our Service. Our Service is designed to help you earn rewards from the Spark (FLR) token. By the nature of the design of the Network, which incentivises accurate and reliable data submissions, whilst it is in our interest to always submit data that are accepted as accurate and generate rewards, we cannot guarantee that this will always be the case. Consequently, we cannot guarantee that you will always earn rewards from delegating your votes to us, that you will earn rewards in any specific epoch, or that you will achieve any specific returns or rate of rewards.
3.2 We are not regulated. We are not authorised by any regulatory authority and our Service does not amount to any regulated activity, including investments. Further, we do not provide any professional advice on which you should rely.
3.3 Availability of our Service. We will use reasonable endeavours to make our Service (including our Portal) available 24 hours a day, 7 days a week, except for planned maintenance and unscheduled emergency maintenance. However, because our Service and our Portal are made available via the internet, the availability may be subject to limitations, delays and other problems inherent in the use of such communications facilities. As a result: (i) we do not warrant that our Service and our Portal will be uninterrupted or error-free; and (ii) we will not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.
3.4 Responsibility for loss or damage. If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking these terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
3.5 Be aware of phishing and scams. Before you delegate your votes to us, please ensure that you have checked the identity of the signal provider. Some websites or platforms may appear to be genuine Use Your Spark Portal, when in fact they may be operated by third parties pretending to be us. Please make sure that you verify the identity of the signal provider, for example by contacting us at the details provided in these terms (paragraph 1.2 above).
3.6 Security of your internet connections. Whenever you engage with a wallet, delegate your votes or claim your rewards or otherwise manage your Spark (FLR) tokens, you should ensure that you have appropriate security in place to avoid any third party interference with your Spark (FLR) tokens. This is your responsibility and we cannot be held responsible if the security of your network and/or devices is compromised in any way.
4 Materials on our Portal
4.1 Intellectual property rights. We are the owner or the licensee of all intellectual property rights in our Portal and the material published on the Portal. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts of any page(s) from our Portal for your personal use. You may also draw the attention of others internally within your organisation to content posted on our Portal. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Portal must always be acknowledged (except where the content is user-generated).
4.2 No commercial use of our content. You must not use any part of the content on our Portal for commercial purposes without obtaining a licence to do so from us or our licensors.
4.3 No data mining or web scraping. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Portal or the Service provided via our Portal. This includes using (or permitting, authorising or attempting the use of): (a) any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and (b) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
4.4 Content is provided for general information only. The content on our Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Portal. Although we make reasonable efforts to update the information on our Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on our Portal is accurate, complete or up to date.
4.5 Links to other sites. Where our Portal contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. Any interaction (or dispute) you may subsequently have with those third parties is subject to those third parties’ terms only.
4.6 Viruses. We do not guarantee that our Portal will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Portal. You should use your own virus protection software. You must not misuse our Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Portal, the server on which our Portal is stored or any server, computer or database connected to our Portal. You must not attack our Portal via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Portal will cease immediately.
4.7 Linking to our Portal. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Portal on any website that is not owned by you. Our Portal must not be framed on any other site, nor may you create a link to any part of our Portal other than the home page. We reserve the right to withdraw linking permission without notice.
5 Other important terms
5.1 If you are a business customer this is our entire agreement with you. If you are a business customer (i.e. use our Portal and/or our Service in connection with your trade, business, craft or profession) these terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
5.2 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
5.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
5.4 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
5.5 Nobody else has any rights under these terms. Only you and Use Your Spark can enforce these terms. No other person shall have any right to enforce any of its terms.
5.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
5.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
5.9 Which laws apply to this contract. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.