Last Revised: January 9, 2025

This Terms of Use and Service Agreement (“Agreement”) applies to your access to and use of the website spk2go.mobi, any related mobile or web applications, and any services provided by NEMO Technologies LLC d/b/a SPK2GO.mobi (“SPK2GO,” “Company,” “we,” “us,” or “our”).

By registering for an account, accessing, or using any part of the SPK2GO services, you agree to be bound by this Agreement.

If you do not agree to all of the terms of this Agreement, you may not use the SPK2GO services and must immediately stop using the website and close your account.

1. DEFINITIONS

“Services” means the online products, tools, platforms, payment and transaction interfaces, content, and other digital services made available by SPK2GO via spk2go.mobi and related applications.

“Site” means the website located at spk2go.mobi and any related subdomains.

“User,” “you,” or “your” means the individual who accesses or uses the Services or creates an account.

2. ACCEPTANCE OF TERMS

By creating an account, accessing, browsing, or using the Site or Services, you:

Represent that you have read and understood this Agreement in English;

Agree to be legally bound by this Agreement; and

Represent that you are at least 18 years of age and legally able to enter into this contract.

If at any time you do not agree with any part of this Agreement, you must stop using the Services and close your account.

3. CHANGES TO THIS AGREEMENT AND THE SERVICES

We may modify this Agreement from time to time. The “Last Revised” date at the top of this Agreement indicates when it was last updated.

Any changes will be effective when posted on the Site (or as otherwise stated in the notice).

Your continued use of the Services after the revised Agreement is posted constitutes your acceptance of the changes.

We may at any time change, suspend, or discontinue any part of the Services (including content, features, and availability) without liability to you.

4. DESCRIPTION OF SERVICES

SPK2GO provides access to online services, which may include, for example:

User account management;

Payment and transaction processing interfaces;

Digital content, tools, and dashboards;

Communication and support features;

Other related online services and functionality.

We may update, add, or remove features at any time.

We do not offer bonus games, coins, or any free game-of-chance promotions. Our platform provides services only, not gambling or prize-based promotions.

5. ELIGIBILITY & JURISDICTIONS

5.1 Age and Individual Use

You must be at least 18 years old to use the Services.

Accounts are for natural persons only (no corporations or other entities as players/users under one login).

You may maintain only one account per person.

5.2 Jurisdictional Restrictions

Our Services may not be available in all locations. We may, at our discretion:

Restrict or block access to the Services from certain states, territories, or countries;

Deny or terminate access where use of the Services would be unlawful or create unacceptable risk.

You are solely responsible for complying with all local laws, rules, and regulations applicable to your use of the Services. We make no representation that the Services are appropriate or available in any particular jurisdiction.

We may deny, suspend, or terminate your access if we determine (in our discretion) that your use is not permitted in your jurisdiction or poses regulatory, legal, or risk concerns.

6. ACCOUNT REGISTRATION, SECURITY, AND INACTIVE ACCOUNTS

6.1 Registration

You agree to:

Provide true, accurate, current, and complete information when creating an account; and

Update your information promptly to keep it accurate and current.

We may suspend or terminate your account if any information you provide is, or becomes, false, inaccurate, or incomplete.

6.2 Account Security

You are solely responsible for:

Maintaining the confidentiality of your login credentials;

Restricting access to your account, devices, and payment methods; and

All activities that occur under your account.

If you believe your account or credentials have been compromised, you must notify us promptly at support@spk2go.mobi.

We may, to protect the platform and users, review, audit, or monitor activity related to your account.

6.3 Inactive Accounts

We may designate an account as inactive if you do not log in for 180 consecutive days.

For inactive accounts:

We may charge a reasonable inactive account fee (for example, up to $5 per calendar month or part thereof), which may be deducted from any balances associated with your account.

We may close or restrict inactive accounts as permitted by applicable law.

7. ACCEPTABLE USE; PROHIBITED CONDUCT

You agree to use the Services only for lawful purposes and in accordance with this Agreement.

You may not:

Use the Services in any way that violates applicable law, regulation, or third-party rights;

Interfere with or attempt to interfere with the proper functioning or security of the Services;

Use bots, scripts, scrapers, crawlers, or other automated means to access, query, or interact with the Services except as explicitly authorized in writing by us;

Upload or transmit malware, viruses, corrupted data, or other harmful or destructive code;

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Services, except to the limited extent permitted by applicable law;

Attempt to circumvent any access, security, or rate-limiting measures;

Use the Services to send spam, unauthorized advertisements, or other unsolicited communications;

Misrepresent your identity or affiliation with any person or entity;

Transfer, sell, or otherwise assign your account or any associated rights without our prior written consent;

Use any part of the Services in a way that, in our sole discretion, could damage, disable, overburden, or impair the Services or our reputation.

We may investigate suspected violations and take any action we deem appropriate, including suspension or termination of accounts.

8. PAYMENTS, TRANSACTIONS, AND LIMITS

8.1 Purchases and Transactions

Certain Services may involve payments or transactions (for example, loading funds, paying for services, or processing redemptions through supported payment methods, including debit, ACH, or crypto rails).

All amounts, fees, and charges will be disclosed in the purchase or transaction flow or in a separate schedule.

All transactions are subject to our Transaction Limits & Redemption Processing Policy and any other posted rules or policies, which are incorporated into this Agreement by reference.

8.2 Transaction Limits

We may apply daily or periodic limits to purchases, redemptions, and other transactions for risk, compliance, or security reasons.

For example:

Daily maximum purchase amount: may be capped (e.g., $400 per day).

Daily maximum redemption amount: may be capped (e.g., $400 per day).

Exact limits and processing details will be defined in the posted Transaction Limits & Redemption Processing Policy and may be updated from time to time.

8.3 No Coins, No Bonus Games

SPK2GO does not issue or use coins, bonus games, free spins, or any similar game-based reward mechanisms.

Our platform provides services only, not gambling or bonus-game mechanics.

8.4 Crypto Transactions

Where crypto transactions are supported:

You are solely responsible for the accuracy of wallet addresses and understanding that crypto transactions are generally irreversible.

Network delays or congestion may affect processing times.

Supported asset types and rails may change at any time.

9. INTELLECTUAL PROPERTY

The Services, Site, and all related content and materials—including but not limited to software, interfaces, text, graphics, logos, icons, images, audio, video, data compilations, and the design and arrangement thereof—are owned by or licensed to NEMO Technologies LLC and are protected by copyright, trademark, and other intellectual property laws.

Except for the limited rights expressly granted below, we reserve all rights in and to the Services and Site.

Subject to your continued compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, lawful use only.

You may not:

Copy, reproduce, modify, distribute, publicly display, or create derivative works from any part of the Services or Site, except as expressly permitted by us in writing or by applicable law;

Remove or alter any copyright, trademark, or other proprietary notices.

10. USER CONTENT & COPYRIGHT COMPLAINTS (DMCA)

10.1 User Content

If the Services allow you to upload, submit, or transmit content (“User Content”), you are solely responsible for that content and for ensuring you have all necessary rights to submit it.

You grant SPK2GO a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works from, publish, publicly perform, publicly display, and distribute such User Content in connection with operating, improving, and promoting the Services.

We may remove or disable access to any User Content at our discretion.

10.2 Copyright Complaints / DMCA

If you believe that material on the Site infringes your copyright, you may send a notice pursuant to the Digital Millennium Copyright Act (DMCA) to our designated agent:

DMCA Agent – NEMO Technologies LLC d/b/a SPK2GO.mobi

Email: support@spk2go.mobi

Include DMCA Takedown Request in the subject line.

Your notice must include all information required by 17 U.S.C. §512(c)(3), including:

Your contact information;

Identification of the copyrighted work and the allegedly infringing material;

A good-faith statement and statement under penalty of perjury; and

Your physical or electronic signature.

We may follow a repeat-infringer policy and terminate accounts that repeatedly infringe intellectual property rights.

11. DISCLAIMER OF WARRANTIES; ASSUMPTION OF RISK

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.

We do not warrant that:

The Services will be uninterrupted, timely, secure, or error-free;

Any defects or errors will be corrected;

Any data or information obtained through the Services will be accurate or reliable; or

The Services or servers will be free of viruses or other harmful components.

You use the Services at your own risk, and you are solely responsible for any damage to your devices or loss of data that results from use of the Services.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEMO TECHNOLOGIES LLC d/b/a SPK2GO.mobi, ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, RELEASED PARTIES) BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL;

ANY LOSS OR DAMAGE RESULTING FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS (US $1,000) OR THE AMOUNT YOU HAVE PAID TO SPK2GO FOR SERVICES IN THE PAST SIX (6) MONTHS, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless NEMO Technologies LLC d/b/a SPK2GO.mobi and the other Released Parties from and against any and all claims, demands, actions, liabilities, damages, losses, and expenses (including reasonable attorneys fees) arising out of or related to:

Your use of the Services;

Your violation of this Agreement; or

Your violation of any rights of another person or entity.

14. TERMINATION

We may, at any time and in our sole discretion, with or without notice, suspend or terminate:

Your account;

Your access to all or part of the Services; or

Any license or rights granted to you under this Agreement,

including for any actual or suspected violation of this Agreement, law, or third-party rights.

Upon termination:

Your right to use the Services will immediately cease;

We may retain or delete your account data as permitted or required by law and our policies;

Sections of this Agreement that by their nature should survive shall survive.

15. BINDING ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Initial Dispute Resolution

Before initiating arbitration or litigation, you agree to first contact us at support@spk2go.mobi and attempt to resolve the dispute informally in good faith.

Both parties will use best efforts to resolve disputes through discussion within 30 days.

15.2 Binding Arbitration

If a dispute is not resolved within 30 days, either party may submit the dispute to binding arbitration as the exclusive means of resolution (except as otherwise stated below).

The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules excluding any rules permitting class or representative actions.

The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration provision.

The arbitrator shall have the authority to award all remedies available in court except where limited by this Agreement.

The seat or location of arbitration shall be in a county and state to be designated by SPK2GO principal place of business unless the parties agree otherwise in writing.

15.3 Class Action Waiver

YOU AND SPK2GO AGREE THAT ANY ARBITRATION OR PERMITTED LITIGATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

YOU SHALL NOT BRING CLAIMS AGAINST US AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

If a court or arbitrator determines that the class action waiver is unenforceable as to any claim, then the arbitration agreement shall be unenforceable as to that claim which shall proceed in court while any remaining claims shall still proceed in individual arbitration.

16. GOVERNING LAW

This Agreement and any disputes arising out of or relating to it or the Services shall be governed by and construed in accordance with the laws of the State in which NEMO Technologies LLC maintains its principal place of business, without regard to its conflict of laws principles and subject to the FAA with respect to arbitration.

17. SUPPORT & CONTACT INFORMATION

For support or questions about the Services, you may contact us via:

Website Support Chat via spk2go.mobi where available;

Email: support@spk2go.mobi.

You can insert a business mailing address and phone line here if you want the attorney to formalize those details.

18. MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without notice.

This Agreement, together with any other terms incorporated by reference, constitutes the entire agreement between you and SPK2GO regarding the Services.