Link.Uma.me Terms of Service

Last Modified: August 19, 2024

Please read these Terms of Service (these “Terms”) to learn the rules and restrictions that govern your use of the services, features and functionalities we provide to you, or otherwise make available, through link.uma.me, including an Account (defined below) (collectively, the “Services”). If you have any questions, comments, or concerns regarding these Terms or any of the Services, please contact us at:

info@uma.com

8605 Santa Monica Blvd, PMB 64461, West Hollywood, CA, 90069

These Terms are a binding contract between you and Lightspark Group, Inc. (“Lightspark”, “we”, and “us”). Your use of any Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document and incorporate by reference the provisions included in our Privacy Policy.

These Terms are in addition to the terms and conditions included in the Terms of Use that generally apply in connection with your use of our website, uma.me (including its subpages and subdomains (including link.uma.me), the “Website”). Such terms and conditions are incorporated herein by reference and you understand that by using the Services, you agree that those additional Website terms and conditions also apply with respect to the Services and that you will comply with such additional Website terms and conditions. In the event of any conflict between these Terms and any such additional terms and conditions, these Terms will govern in relation to your use of the Services. Capitalized terms used but not defined herein have the meaning given to them in such additional terms and conditions.

Please read these Terms carefully. They cover important information about the Services and related areas of the Website. These Terms also include information about future changes to these Terms and limitations of liability. By accessing or using any Services or related areas of the Website, you accept and unconditionally agree to be bound and to abide by these Terms. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES AND RELATED AREAS OF THE WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS ANY SERVICES OR ANY RELATED AREAS OF THE WEBSITE IN ANY MANNER.

Creating, managing and using your Uma.me account

What is an uma.me account? An uma.me account (an “Account”) lets you create and manage an UMA address and link it to your bank account. You can use this UMA address to send and receive funds through third-party service providers  that support Lightning Network transactions and receive payments in your linked bank account from senders with UMA-enabled wallets. Lightspark has partnered with certain financial institutions and virtual asset service providers (“VASPs”) that provide digital asset and payment services so that you can use your UMA address to send and receive these payments. To use your UMA address to send or receive payments, you will need to establish a separate account relationship with a third-party service provider that provides digital asset and payment services so that you can use your UMA address to send and receive these payments. You will also need to link a third-party bank account to your UMA address through your Account to receive UMA-related payments in that bank account. You understand that Lightspark is only providing you with an UMA address and the ability to link that UMA address to a bank account. Lightspark has no control over the transactions conducted using your UMA address or the actions of other users or the financial institutions or VASPs providing UMA-related transaction services, including actions that could delay or prevent your funds from being sent or delivered to the intended recipient. If you have any questions or concerns regarding any transactions conducted using your UMA address, please contact your financial institution or VASP. We also encourage you to read the terms and conditions and privacy policy of your financial institution or VASP, which should be made available to you by that financial institution or VASP. For further details regarding how payments using UMA addresses work, see our explainer here.

Creating and protecting your Account. To create an Account, and access certain related areas or features of the Website or the Services, you will be required to onboard with and otherwise provide certain information to us and our partners. You may choose not to provide such information, but then you will not be able to create or use an Account or access certain areas or features of the Website or Services. To create an UMA address, you must first onboard as a customer of a financial institution or VASP partner. Availability of these partners will depend on a variety of factors, including the jurisdiction in which you are located and legal and regulatory requirements applicable to each financial institution or VASP. Once onboarded, you will then create your UMA address (discussed below) and link that UMA address, using a third-party service, to your bank account. You are responsible for all information you provide, and it is a condition of your use of any Services (and any related areas of the Website) that all the information you provide to us and our partners (including in connection with the creation of your Account) is correct, current, and complete. You agree that all information you provide to create or use an Account or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

To create an Account, you must be at least 18 years old (or the age of majority in your state or country of residence) and use a cellular/wireless telephone number that you own. You may not create an Account with a landline phone number, Google Voice number, or Voice over Internet Protocol (VOIP). We and our partners may collect certain identifying information from you, which may include your name, physical address, country, citizenship, email address, phone number, date of birth, and social security number and identification information (e.g., passport, driver’s license, identification card, residency card). Because you are also establishing an account relationship with one of our financial institution or VASP partners, they may need to conduct their KYC process and may need to verify your identity. Until you complete this onboarding process, you will not be able to create an UMA address or send or receive money using your UMA address.

You may only change your UMA address a maximum of two times. Your ability to change your UMA address is subject to availability and your compliance with these Terms. You may not create an UMA address: that is(i) is on behalf of another person or affiliated with another person or organization without their express consent or impersonates another person; (ii) usesing a name that is not yours or by providing any other falsified personal information; (iii) usesing a temporary email address or phone number; (iv) that is fraudulent, deceptive, misleading, defamatory , or obscene,;  (v) promotes discrimination, bigotry, hatred, harassment or harm against any individual, group, or protected class, such as race, religion, gender, orientation, or disability; or promotes illegal or harmful activities,; that (vi) infringes or violates the intellectual property, contractual, publicity, privacy or other rights of anyone else (including Lightspark); or that (vii) otherwise violates applicable law or these Terms in any manner. UMA address squatting, and selling, buying, transferring or soliciting forms of payment in exchange for UMA addresses or Accounts, is strictly prohibited. If you create or use an UMA address that violates these Terms in any way, or if we otherwise deem a change to your UMA address to be necessary to protect Lightspark or its users or business partners, in each case as determined by Lightspark in its sole discretion, we may change your UMA address or ask you to change your UMA address, and you will not be able to use your Account until such change is made. We further reserve the right, in our sole discretion and without any liability to you, to change or require that you change your UMA address, and/or to suspend, disable, limit or terminate your Account or reclaim or make unavailable your UMA address for any reason. UMA addresses are generally claimed on a first-come, first-serve basis. If you try to select an UMA address that has already been claimed, you will be directed to select a different one.

Access to Accounts is password-protected. You may not attempt to access any password-protected aspects of the Services (including your Account) and related areas of the Website without authorization. If you have been issued a password for an Account, you agree that Lightspark has granted you limited access to specific Content pertaining to products and services relevant to you, and you agree not to attempt to access other Content. All information that Lightspark provides to users supplying a password is confidential and intended solely for the information of its intended recipient.

You are solely responsible for maintaining the confidentiality of your passwords, Account information, UMA address, usernames and security questions and answers relating to your Account, for logging off your Account and any other protected aspects of the Services (or related areas of the Website) when you finish a session, and for restricting access to your computers and devices. Accordingly, you should protect the confidentiality of your passwords, Account information, UMA address, usernames and security questions and answers, and you hereby agree to notify Lightspark immediately if you become aware of any unauthorized access to, or use of, your UMA address, username, password or Account. If you share your UMA address, username, password or Account with a third party, you assume all responsibility for all such party’s activity related to the Services (including your Account) and any related areas of the Website, and you accept sole responsibility for any and all activity that occurs under your Account. If you believe your Account login information has been lost or stolen, please contact Lightspark customer service immediately at fraud@uma.me.

Suspension or termination of your Account. Each Account and UMA address change is subject to our approval. We have no obligation to provide Accounts, any other Services or any other products or services to you. We have the right to suspend, disable, limit, or terminate any Account at any time in our sole discretion, with or without notice, for any or no reason, including if, in our opinion, you have violated any provision of these Terms or if you have not logged into your Account for two or more years. If your Account is suspended, disabled, limited or terminated, information and Content previously provided by you may no longer be accessible through your Account, but we may continue to store such information and Content, and it may also be stored by third parties to whom it has been transferred through your use of any Service (including your Account) or other related areas of the Website.

If, in our opinion, you have violated any provision of these Terms, we may also limit your access to the Website or any of the Services, or take legal action against you. You are responsible for all claims, fees, fines, penalties and other liability incurred by us, any other user or any third party caused by or arising out of your breach of these Terms.

You may close your Account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your Account even after the Account is closed.      

In certain cases, you may not close your Account, including:

• to evade an investigation; 
• if there is an open dispute or claim; or
• if your Account is subject to a hold, limitation or reserve.

Link or unlink a bank account. You can link or unlink a bank account to your Account. Please keep your bank account information current. If your bank account information is incorrect or not current, you may not be able to send or receive payments using your UMA address. You hereby represent that you have the authority to authorize transactions for the linked bank account and you are the authorized holder of the bank account.

Account reviews. We may review Account activity at various times, including in coordination with the financial institution or VASP partners providing UMA-related transaction services. This review may check for, among other things, suspicious or illegal activity, and whether your Account activity and the activity of users with whom you have transacted comply with these Terms. In connection with our review process, you may be required to provide us or our partners with additional information or documentation to verify your identity. We may limit your Account and access to your Account until such verification is completed. Reviews may result in:

• delayed, blocked or canceled transfers;
• money or payments being held by the financial institution or VASP partners that are providing UMA-related transaction services; 
• Account suspension, disablement, limitation or termination;
• money or payments being transmitted or processed through financial institution or VASP partners being seized to comply with a court order, warrant or other legal process; or
• money or payments you previously received being reversed by a financial institution or VASP partner providing UMA-related transaction services (i.e., sent back to the sender or to the bank account that was used to fund the payment).

Among other reasons, we may take one or more of the above actions, including in coordination with the financial institution or VASP partners providing UMA-related transaction services, if you knowingly or unknowingly were a participant in a payment that was made from a compromised bank account or compromised Account.

Account statements and data. We may provide you with transaction receipts at the email address or phone number you provide for your Account. We may also provide you with the ability to view transaction history, including transaction receipts and transaction history for payments involving your UMA address, by logging into your Account. Any transaction information that we may provide in your Account or otherwise make available to you (e.g., by email) is not generated or controlled by Lightspark, but instead by the financial institution or VASP partner that is providing you with UMA-related transactions services. You acknowledge that Lightspark is not responsible for the accuracy or completeness of any such information.

Holds and limitations. Under certain circumstances, to protect Lightspark and the security and integrity of the network that uses the Services, Lightspark may, in its sole discretion, take certain actions, including as described in this section.

Account Holds. A hold may be placed on your Account, including in coordination with the financial institution or VASP partners providing UMA-related transaction services. Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Lightspark, our users or our service providers or partners. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Account Limitations. Limitations may be placed on your Account, including in coordination with the financial institution or VASP partners providing UMA-related transaction services, to help protect Lightspark and our users when we notice restricted or prohibited activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Account open. There are several reasons why your Account could be limited, including:

• if we suspect someone could be using your Account without your knowledge, in which case we’ll limit it for your protection and look into the unusual activity;
• a financial institution alerts us that someone has used your linked bank account without permission; 
• in order to comply with law; or 
• if we believe, in our opinion, that you have breached these Terms.

You will need to resolve any issues with your Account, and potentially any issues with your account with a financial institution or VASP partner, before a limitation can be removed.

Court orders, regulatory requirements or other legal process. If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including placing a hold or limitation on your Account. We will decide, in our sole discretion, what action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your Account.         

What about messaging?

As part of the Services (including in connection with your Account), you may receive communications through the Services or the Website, including messages that we send you (for example, via email or text message). You consent to the receipt of emails and other messages from Lightspark. You agree that Lightspark may use automatic telephone dialing systems in connection with messages sent to any mobile phone number you provide. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including for short message service. Please check your mobile service agreement for details or applicable fees as Message and Data rates may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. You have the right to ask us not to send you marketing messages, including via email or text message or any combination of these, at any time by contacting Lightspark customer service at support@uma.me.

What else do I need to know?

Warranty Disclaimer. The Lightspark Parties make no representations or warranties concerning the Services, including regarding any related areas of the Website, and the Lightspark Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any related areas of the Website or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services or any related areas of the Website. The Lightspark Parties make no representations or warranties regarding suggestions or recommendations of the Services or any related areas of the Website (when applicable).   

Lightspark does not:

• provide a deposit or other financial account or other financial or transaction services;
• act as an escrow agent with respect to any money sent to you on uma.me;
• act as your agent or trustee;
• guarantee the identity of any link.uma.me user;
• determine if you are liable for any taxes; or
• collect or pay any taxes that may arise from use of any Services.

YOUR USE OF THE SERVICES (INCLUDING YOUR ACCOUNT) AND ANY RELATED AREAS OF THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES AND ANY RELATED AREAS OF THE WEBSITE ARE PROVIDED BY LIGHTSPARK (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND NO LIGHTSPARK PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY RELATED AREAS OF THE WEBSITE OR THAT THE SERVICES OR ANY RELATED AREAS OF THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR ANY RELATED AREAS OF THE WEBSITE, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY RELATED AREAS OF THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL ANY OF THE LIGHTSPARK PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES, WEBSITE OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED DOLLARS ($100), (D) ANY MATTER BEYOND OUR REASONABLE CONTROL, (E) ANY CONTENT, ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING OUR FINANCIAL INSTITUTION, VASP OR OTHER PARTNERS, OR (F) ANY SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT. THIS IS TRUE EVEN IF THE LIGHTSPARK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You hereby agree to indemnify, defend and hold harmless the Lightspark Parties from and against any and all claims, liabilities, damages (actual and consequential), judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising from or in any way relating to (a) your use of the Services (including your Account) or any related areas of the Website, (b) your choice of UMA address, including any infringement or other violation of any intellectual property, contractual, publicity, privacy or other rights of anyone else (including Lightspark), (c) the actions or inactions of any third party to whom you grant permissions to use your Account, (d) your violation of these Terms, (e) your violation of applicable laws or regulations and (f) your gross negligence, willful misconduct or fraud.