Terms of service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding legal agreement between you ("you", "User") and Swarm AI Lab ("Sparkling", "we", "us"), governing your access to and use of:

• the Sparkling website at sparkl.ing;
• the Sparkling Telegram bot and associated chat interface;
• any related applications, APIs, content, or services we provide (collectively, the "Service").

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.

These Terms incorporate our Privacy Policy by reference.

2. Definitions

• "Agent" means an automated rule-based strategy you configure within the Service to monitor markets and propose Transactions for your approval.
• "Custodial Wallet" means the digital asset wallet provisioned for you by our Wallet partner, holding cryptographic keys on your behalf.
• "Digital Asset" means any cryptocurrency, token, or other blockchain-based asset that the Service supports.
• "Transaction" means any swap, perpetual position, prediction-market position, transfer, or other on-chain action initiated through the Service.
• "User Content" means any data, instructions, configurations, or other content you submit through the Service.

3. Eligibility

By using the Service, you represent and warrant that:

(a) you are at least 18 years of age and have the legal capacity to enter into these Terms;

(b) you are not a Restricted Person (as defined in Section 9.3);

(c) you are not located in, or accessing the Service from, a Restricted Jurisdiction (as defined in Section 9.3);

(d) your use of the Service complies with all laws applicable to you;

(e) you have not been previously suspended or removed from the Service;

(f) if you are acting on behalf of an entity, you have authority to bind that entity to these Terms, in which case "you" refers to that entity.

We reserve the right to verify your eligibility at any time, including by requesting identification documentation.

4. Account Registration and Security

4.1 Registration

To use the Service, you must:

• have an active Telegram account;
• provide a valid email address for wallet recovery;
• complete any identity verification required under Section 9;
• accept these Terms and the Privacy Policy.

You may have only one account unless we authorize otherwise in writing.

4.2 Account Security

You are responsible for:

• maintaining the security and confidentiality of your Telegram account, including enabling two-factor authentication on Telegram itself;
• maintaining access to the email address associated with your Custodial Wallet;
• all activity that occurs under your account, including activity initiated by anyone who has gained access to your Telegram account or recovery email;
• promptly notifying us at security@sparkl.ing of any suspected unauthorized access.

We are not liable for losses arising from unauthorized access to your account where the underlying cause is your failure to secure your Telegram account, your email, or your devices.

5. The Service

5.1 Description

Sparkling is a software interface that allows you to:

• request quotes and execute swaps across supported chains and Digital Assets;
• open and manage perpetual futures positions, where available;
• participate in prediction markets, where available;
• configure Agents that propose Transactions based on rules you define;
• view your wallet balance, transaction history, and market data.

All Transactions require your explicit confirmation. Agents do not execute Transactions without your approval.

5.2 What Sparkling Is Not

Sparkling is not:

• a bank, broker-dealer, investment adviser, futures commission merchant, money transmitter, or money services business;
• a registered exchange or alternative trading system;
• a custodian (custody is provided by our Wallet partner, see Section 6);
• a fiduciary to you in any capacity;
• a source of financial, legal, tax, or accounting advice.

Information presented within the Service is for informational purposes only and does not constitute a recommendation, solicitation, or offer to buy or sell any Digital Asset.

5.3 Eligibility for Specific Features

Certain features, including perpetual futures and prediction markets, may be unavailable in your jurisdiction or to you specifically based on regulatory restrictions. We may restrict, suspend, or modify feature availability at any time without liability.

6. Custodial Wallet

6.1 Custody Arrangement

The Custodial Wallet is provided by our Wallet partner (Wallet by Telegram). The Wallet partner, not Sparkling, holds the cryptographic keys associated with your wallet.

By creating a Custodial Wallet through the Service, you also agree to be bound by the Wallet partner's terms of service and privacy policy.

6.2 No Self-Custody

The Custodial Wallet is not a self-custody wallet. You do not receive seed phrases or direct private-key access. Wallet recovery is performed via email one-time password through the Wallet partner. If you require self-custody, do not use the Custodial Wallet feature; use an independent self-custody wallet of your choice.

6.3 No Deposit Insurance

Digital Assets held in the Custodial Wallet are not insured by any government deposit insurance program (including the FDIC in the United States, the FSCS in the United Kingdom, or comparable schemes elsewhere) and are not protected by any securities investor protection scheme (including SIPC in the United States).

7. Risk Disclosures

You acknowledge and accept each of the following risks. Read this section in full before using the Service.

7.1 Market Risk

Digital Asset prices are highly volatile. The value of your holdings can decrease rapidly and significantly, including to zero. Past performance does not predict future results. You may lose some or all of the funds you deposit.

7.2 Leverage and Liquidation Risk

Perpetual futures use leverage. Leverage amplifies both gains and losses. A leveraged position may be liquidated in full if the market moves against it, including during brief volatility spikes. Funding rates may impose ongoing costs on open positions. Margin requirements may change without notice.

7.3 Smart Contract and Protocol Risk

Transactions interact with smart contracts and protocols on public blockchains. These contracts may contain bugs, vulnerabilities, or design flaws that could result in partial or total loss of funds. Bridges, oracles, and aggregators introduce additional points of failure.

7.4 Regulatory Risk

The legal status of Digital Assets, decentralized finance, prediction markets, and similar activities is uncertain and evolving in many jurisdictions. Changes in law or regulation may restrict your access to the Service, render certain Digital Assets non-tradeable, impose tax obligations, or otherwise materially affect the value or usability of your holdings. You are solely responsible for monitoring legal developments applicable to you.

7.5 Technology Risk

The Service depends on the continued availability and security of the Telegram messaging platform, the public blockchains on which Transactions settle, and internet infrastructure, cloud providers, and third-party APIs. Disruption, outage, or compromise of any of these may prevent you from accessing the Service or executing Transactions at desired prices, including during periods of acute market volatility.

7.6 Counterparty Risk

Transactions executed through the Service involve counterparties (liquidity providers, settlement venues, custodial partners). The failure, insolvency, or misconduct of any counterparty may affect your ability to access funds or execute Transactions.

7.7 Slippage, Gas, and Pricing Risk

Quoted prices are estimates. Actual fill prices may differ due to market movement, slippage, network congestion, or competing transactions. Network ("gas") fees are paid by you and are non-refundable, including for Transactions that fail to execute due to network conditions.

7.8 Forks, Airdrops, and Network Changes

Blockchains may undergo forks, upgrades, or other consensus changes. We make no commitment to support any particular fork, airdrop, or network event, and we may decline to credit you with assets that result from such events. Network changes may also retroactively affect Transaction validity or asset characteristics.

7.9 Irreversibility

On-chain Transactions are irreversible once broadcast and confirmed. We cannot recover funds sent to incorrect addresses, sent to fraudulent counterparties, or otherwise lost due to user error or third-party action.

7.10 No Investment Advice

The Service does not provide investment, financial, legal, tax, or accounting advice. Any information, materials, or features made available through the Service are for general informational purposes only. You are solely responsible for evaluating the merits and risks of any Transaction. Consult independent professionals as appropriate.

8. User Obligations

You agree that you will:

(a) provide accurate, current, and complete information when registering and keep that information updated;

(b) comply with all applicable laws and regulations, including those relating to securities, derivatives, anti-money-laundering, sanctions, taxation, and consumer protection;

(c) use the Service only for personal, non-commercial purposes unless we have authorized commercial use in writing;

(d) verify each Transaction before confirming;

(e) maintain the security of your devices, accounts, and recovery credentials;

(f) report security incidents and suspected unauthorized activity promptly;

(g) cooperate with reasonable requests for information necessary for compliance, fraud prevention, or dispute resolution.

You agree that you will not:

(h) use the Service in violation of any law, regulation, sanctions program, or court order;

(i) provide false, misleading, or fraudulent information;

(j) impersonate any person or entity, or misrepresent your affiliation;

(k) engage in market manipulation of any kind, including wash trading, spoofing, layering, ramping, pump-and-dump schemes, or coordinated activity intended to artificially affect prices;

(l) launder proceeds of crime, finance terrorism, or otherwise facilitate financial crime;

(m) circumvent geographic restrictions, IP-based access controls, or KYC requirements (including via VPN, proxy, or false identification);

(n) attempt to gain unauthorized access to the Service, other users' accounts, or our systems;

(o) probe, scan, scrape, reverse-engineer, decompile, or otherwise extract source code or data from the Service, except as expressly permitted by law;

(p) introduce viruses, worms, trojans, or other malicious code into the Service;

(q) use bots, scripts, scrapers, or automated tools to access the Service, other than our own provided Agents;

(r) resell, sublicense, white-label, or commercially exploit the Service or any portion of it without our prior written agreement;

(s) infringe the intellectual property or other rights of any person;

(t) use the Service to harass, threaten, defame, or harm any person.

Violation of these obligations may result in suspension or termination of your account (Section 14), reporting to law enforcement, and civil or criminal liability.

9. Compliance

9.1 KYC and AML

We may require identity verification ("KYC") at account creation, before access to specific features, periodically thereafter, or in response to specific Transactions. KYC may include:

• providing government-issued identification;
• providing proof of address;
• providing a live photo or video for biometric verification;
• providing source-of-funds documentation;
• answering questions about the nature and purpose of your Transactions.

We may suspend or restrict your account pending KYC completion. We may decline to verify your identity at our discretion, in which case we will close your account and return any associated funds (subject to legal restrictions).

9.2 Sanctions Screening

We screen Users and Transactions against sanctions lists maintained by the United States Office of Foreign Assets Control ("OFAC"), the European Union, the United Kingdom, the United Nations, and other applicable authorities. We may block, freeze, or report Transactions involving sanctioned persons, entities, or jurisdictions, as required by law.

9.3 Restricted Jurisdictions and Persons

"Restricted Jurisdiction" means any country, region, or territory that is the subject of comprehensive United States, European Union, United Kingdom, or United Nations sanctions, currently including:

• Cuba;
• Iran;
• North Korea (Democratic People's Republic of Korea);
• Syria;
• the Crimea, Donetsk, Luhansk, and Zaporizhzhia regions of Ukraine;
• any other jurisdiction we designate from time to time and publish on our website.

The list of Restricted Jurisdictions may also include jurisdictions where the Service is not licensed or registered as required, including jurisdictions where perpetual futures trading or prediction markets are not legally available to retail users.

"Restricted Person" means any person who is:

• a citizen, resident, or located in a Restricted Jurisdiction;
• listed on any sanctions list maintained by OFAC, the European Union, the United Kingdom, the United Nations, or comparable authorities;
• owned 50% or more (in aggregate) by one or more sanctioned persons;
• otherwise subject to legal restrictions preventing the provision of services to them.

You represent that you are not a Restricted Person and that your use of the Service does not violate any sanctions or export-control law. You agree to notify us immediately if you become a Restricted Person.

10. Taxes

You are solely responsible for determining what, if any, taxes apply to your Transactions and for reporting and paying those taxes to the relevant tax authorities. Sparkling does not provide tax advice. We may be required to report Transactions to tax authorities or to provide you with tax reporting documentation; cooperation with such reporting does not relieve you of your independent obligations.

11. Fees

11.1 Sparkling Fees

We charge fees for using the Service. Applicable fees are displayed in each quote before you confirm a Transaction. Current fee schedules are published on our website and may be updated with at least 30 days' notice, except where shorter notice is required by law or market conditions.

11.2 Network Fees

Network fees (gas) required to process Transactions on the underlying blockchain are paid by you and passed through at cost. Network fees are non-refundable, including for Transactions that fail due to network congestion, slippage, or other on-chain conditions.

11.3 Third-Party Fees

Liquidity providers, settlement venues, and other third parties may charge their own fees, which are reflected in the quoted execution price.

12. Intellectual Property

12.1 Our Rights

The Service, including all software, designs, text, graphics, logos, trademarks, and other content (excluding User Content and open-source components), is owned by Swarm AI Lab or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

All rights not expressly granted are reserved.

12.2 Your User Content

You retain ownership of User Content you submit. You grant us a worldwide, royalty-free, non-exclusive license to use, store, reproduce, modify, and display User Content solely as necessary to operate the Service.

12.3 Feedback

If you provide suggestions, feedback, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation to you.

13. Third-Party Services

The Service integrates with and provides links to third-party services, including the Custodial Wallet, settlement layers, liquidity providers, and blockchain explorers. We are not responsible for the content, accuracy, availability, terms, or practices of any third-party service. Your interaction with third-party services is governed by their own terms.

14. Suspension and Termination

14.1 By Us

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, including if:

• we believe you have violated these Terms or any law;
• we are required to do so by law, court order, or regulatory directive;
• we reasonably suspect fraud, money laundering, market manipulation, or other prohibited activity;
• we discontinue the Service or any feature;
• maintenance or security incident response requires it.

On termination, your right to access the Service ceases immediately. We will provide you with a reasonable opportunity to withdraw Digital Assets from your Custodial Wallet, subject to legal restrictions (including holds required by sanctions, AML, or court orders).

14.2 By You

You may close your account at any time by contacting hello@sparkl.ing or via in-app settings, subject to any active obligations (including open perpetual positions).

14.3 Survival

Sections that by their nature should survive termination — including Sections 7 (Risk Disclosures), 10 (Taxes), 12 (Intellectual Property), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18 (Dispute Resolution), 19 (Governing Law), and any accrued payment obligations — survive termination.

15. Disclaimers

No advice or information obtained from us through the Service creates any warranty not expressly stated in these Terms.

16. Limitation of Liability

We are not responsible for losses arising from market movements, smart contract failures, blockchain forks, third-party service outages, your security failures, your trading decisions, or any cause outside our reasonable control.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions, the above limitations apply to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless Swarm AI Lab and its affiliates, officers, directors, employees, agents, and licensors from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to:

• your use of the Service;
• your User Content;
• your violation of these Terms;
• your violation of applicable law;
• your violation of the rights of any third party;
• any tax obligations arising from your Transactions.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate with our defense.

18. Dispute Resolution

18.1 Informal Resolution

Before filing any formal claim, you agree to first contact us at legal@sparkl.ing and attempt to resolve the dispute informally for at least 30 days.

18.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or your relationship with Sparkling — including questions of formation, validity, or termination — shall be resolved by final and binding arbitration, except as provided below.

Arbitration shall be administered under the rules of [arbitral institution to be set by counsel, e.g., the London Court of International Arbitration, the Hong Kong International Arbitration Centre, or the Singapore International Arbitration Centre] in effect at the time of the dispute. The arbitration shall be conducted by a single arbitrator, in the English language, and seated in [seat to be set by counsel].

The arbitrator may award any relief that a court could award.

18.3 Class Action Waiver

You and Sparkling agree that disputes shall be resolved only on an individual basis. Neither party may bring or participate in a class action, collective action, or representative action.

18.4 Exceptions

Either party may bring an action in court for:

• injunctive relief to protect intellectual property;
• enforcement of an arbitral award;
• small-claims court matters within the jurisdictional limits of small-claims courts.

18.5 30-Day Opt-Out

You may opt out of the arbitration and class-action waiver provisions in Sections 18.2 and 18.3 by sending written notice to legal@sparkl.ing within 30 days of first accepting these Terms, stating clearly that you wish to opt out. Opting out does not affect any other provision of these Terms.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of [Governing Law Jurisdiction, to be confirmed with counsel based on operating entity], without regard to conflict-of-laws principles. Subject to Section 18, the courts of [Courts of Governing Law Jurisdiction] have exclusive jurisdiction over any matter not subject to arbitration.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Modifications to the Terms

We may modify these Terms from time to time. Material changes will be notified at least 30 days before they take effect, via in-app notification, email, or both. The "Last updated" date at the top reflects the version currently in force. Continued use of the Service after the effective date constitutes acceptance of the modified Terms.

If you do not agree to a modification, your sole remedy is to close your account before the modification takes effect.

21. Notices

21.1 To You

We may give notice to you via in-app notification within the Service, email to the address associated with your account, or posting on our website. Notices are deemed given when sent (for in-app and email) or 24 hours after posting (for the website).

21.2 To Us

Notices to us must be in writing and sent to:

Swarm AI Lab
[Registered Office Address]
[City, Country]
With a copy by email to: legal@sparkl.ing

Notices are deemed given upon physical receipt at the postal address.

22. Assignment

You may not assign or transfer these Terms or any of your rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of our assets, or by operation of law.

Any attempted assignment in violation of this Section is void.

23. Severability and Waiver

If any provision of these Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision is not a waiver of that right or provision.

24. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Sparkling regarding the Service and supersede all prior agreements and understandings.

25. Force Majeure

We are not liable for failure or delay in performing our obligations under these Terms when the failure or delay is caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemic, government action, labor disputes, internet or telecommunication failures, blockchain network failures, or third-party service outages.

26. Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and Sparkling.

27. Contact

For questions about these Terms:

Purpose	Email
General inquiries	hello@sparkl.ing
Legal notices and service of process	legal@sparkl.ing
Security vulnerabilities	security@sparkl.ing
Privacy and data rights	privacy@sparkl.ing

Postal address:
Swarm AI Lab
[Registered Office Address]
[City, Country]