Terms & Conditions

Terms & Conditions

v. 1.0


Introduction

Welcome to SPENN!

Your use of all our Services and the SPENN app is subject to these Terms & Conditions. By accessing our website www.blockbonds.io, and www.spenn.com and using the SPENN application, you (referred to herein as “you” or “the Client”) confirm and acknowledge that you have read and understood these Terms & Conditions and that you agree to be bound by its provisions and any ancillary documents and Company policies as amended from time to time, that are made available to you on the Website. “Services” is to be defined as any and all services through the SPENN application, including but not limited to money transfers between users and online purchase transactions.

Please read carefully these Terms & Conditions. You must comply with these Terms & Conditions in your use of our services and only use SPENN as permitted by applicable laws and regulations at all times. If you do not agree to these Terms & Conditions, you must not use SPENN or any of our services.

You are agreeing to be bound by these Terms & Conditions between you and Blockbonds AS, the limited liability company located at C/O Regus Stavanger City Centre 5 etg. Verksgata 1A, 4013 Stavanger, Norway (later referred to as “Blockbonds”, “Compa-ny”, “we”, “us” “our”).

Blockbonds is not a bank. Blockbonds does not offer a depository account nor the Account earns interest. The funds are not insured by any governmental deposit in-surance institution in Your country.

Blockbonds provides a digital wallet solution through the SPENN app and issues e-money to natural or legal persons at a nominal value, and repurchase it for nominal value upon the request of the e-money holder, as well as other related services, including, but not limited to, funds transfers and payment transactions. Blockbonds may act as an intermediary between the Client and the Third-parties, as in-structed by the Client.

If You are under the age of 18, You may not use the Services. You must be lawfully eligi-ble to enter into an agreement under applicable laws.

If You are using the Services on behalf of a legal entity (i. e. company, association) you warrant that you are entitled to do so and that these Terms & Conditions extend its powers and provisions also unto this legal entity.

These Terms & Conditions may be translated into multiple languages. The English ver-sion shall prevail in case of any difficulties with language or legal interpretation.

In the event that any country-specific terms are inconsistent with the provisions provided herein, the country-specific terms will apply.

We hope you will enjoy using SPENN!


Changes to these Terms & Conditions

We reserve the right to change or modify these Terms & Conditions and/or the Privacy Policy from time to time. Please revise it periodically for any changes. Any modifications and updates to the Terms & Conditions will be posted on the Website and in the SPENN app simultaneously, and the title of the document will change to the “last updated” date, accompanied by a 14-day grace period, unless otherwise announced. Failure to notify us about the will to terminate the Account shall be construed as the Clients acceptance of those changes. Changes due to legal reasons will become effective immediately upon posting them. Changes according to new functionalities of the Services, where previous functionalities remain unchanged, will become effective immediately after posting on the Website. Where we consider that changes to these Terms & Conditions are reasonably material, we will notify you through the Website, direct communication or other reasona-ble means, prior to the change coming into force. By continuing the utilization of Services after the changes are being done, with or without prior notification from us, you agree to be bound by the amended Terms & Conditions. If you do not agree to the revised Agree-ment and/or the Privacy Policy, please refrain from using the Service and/or exit the Web-site.


Definitions

For the purpose of these Terms & Conditions the following terms should be understood as follows:

SPENN

A mobile application created by Blockbonds AS, where the users can perform real-time financial transactions and plan their spendings/savings.

Account

A personalized profile, which every Client needs to create before using our Services, fol-lowing the procedure described hereunder. Blockbonds does not provide joint accounts.

KYC

KYC – Know Your Customer – it is a process of the identity validation of the Customer. This means verifying Customer’s identity by using reliable, independent sources such as documents, data or information. Performing the KYC is a legal requirement connected with local and international Anti Money Laundering provisions and standards on Combating Financing of Terrorism.

Cashier Partners

Accredited cash in/out Agent, that accepts the request from Clients to deposit/withdraw funds to/from SPENN Account. The list of accredited Cashier Partners is available through SPENN app and constantly updated. The Cashier Partner may charge the Client with a fixed fee for the cash in/out operation as agreed upon between the Cashier Partner and the Client.

Politically Exposed Person (PEP)

Defined as an individual serving, or who has served in a prominent public function (e.g. heads of state or of government, senior politicians, senior government, judicial or military officials, senior executives of public organizations and senior political party officials). The risk according to this group is a possibility of abusing their public powers for their own illicit enrichment through corrupt activities. Business relationships with individuals holding important public positions as well as per-sons or companies clearly related to them, (i.e. family members, close associates, etc.) may expose businesses to particularly significant reputation or legal risks, therefore it should be ensured that the verification of circumstances and origins of every transaction should be performed each time a PEP is involved.

ID/Passport image

A scanned copy of your personal ID/passport or other relevant identification document, readable and showing no signs of manipulation.

Selfie with ID

A digitalized photography of your own, holding the uploaded identification document, showing both your face and the document. The quality of the photography must be suffi-cient to recognize the document type and content.

Proof of address

Any document that sufficiently confirms the address that you provided in the online regis-tration process (e.g. utility bills, bank statements).


Registration

To take full advantage of our services, you must download the SPENN application and create your personal account.

Prior to this, you must ensure that:

  • you are legally capable of entering into Agreement with Blockbonds and you will be bound by it
  • you provide all the relevant information required by Blockbonds to perform the KYC process according to applicable laws and regulations
  • you agree to have your data verified by an external entity, solely for the purpose of ful-filling the KYC process requirements

The registration process include providing basic personal data.

The Customer may further verify his account. Verification process may vary across the ju-risdictions. It will usually include, but may not be limited to:

  • uploading into the SPENN app interface an image of your ID/Passport
  • uploading into the SPENN app interface a selfie with your ID/Passport
  • providing all the required information into the online form of the SPENN app
  • uploading into the SPENN app interface a proof of address document
  • verification of provided data by an external entity, solely for the purpose of fulfilling the KYC process requirements
  • verification of your phone number (optional – failure to verify the phone number will re-sult in any transaction on the account being suspended)

If any of the provided data will change after the first registration, you are obliged to promptly inform the Company. This may require additional documentation to authenticate the change.

Blockbonds respect the right to privacy and confidentiality of your personal data. You au-thorize Blockbonds to keep and use all the information provided to it during the registra-tion process, as well as upon later update of your data, to verify your information and cor-rectly provide the associated Services. You acknowledge that the Services, including without limitation the verification of your data for the KYC purposes and processing of transactions, may be handled by a third party (or parties) on our behalf and You hereby authorizes Blockbonds to disclose aforementioned information to this third party (or par-ties) and consent to the usage and processing of aforementioned information for the pur-pose of providing the Services.

Blockbonds reserves the right to ask for additional documents, if the data provided by the Customer is inconsistent, contradictory or incomplete. Failure to provide the additional in-formation may result in rejection of your application to create an account. Only after successful completion of the registration and verification process, the Compa-ny will grant you the full access to its Services.

It is in Blockbonds absolute discretion to accept or reject your registration to the Services. The Company reserves the right to reject the registration and to refuse to grant the access to the Services for any reason. You will be informed about the status of verification through the SPENN app interface. If Blockbonds will find the provided data false, insuffi-cient or out of date it may suspend or terminate your access to the Services immediately without prior notice.

After successful registration, you will be provided with a personal account. Access to your account is secured by the unique six-digit password that you create during the registra-tion process, as well as the word-list generated through the registration process. You are responsible for maintaining the confidentiality of your password and word list, and you should keep access to your account secured at all times. To the extent permitted by appli-cable law you agree to accept the responsibility for all activities that occur under your ac-count. You must inform Blockbonds immediately if you have any reason to believe that an event of unauthorized access to your account occurred or may occur. Blockbonds shall not be liable for any unauthorized usage of your account prior to the receipt of such no-tice, but will take all necessary action to reduce damages in such cases where possible.

You have the possibility to change Your password and request for a new word-list to be generated by the system. The authentication of such request shall require presenting suf-ficient proof of identity.

Blockbonds may terminate your account if you are in breach of these Terms & Conditions or applicable laws.


Creating business profile

Customers registered and verified as private users may create a business profile. The reg-istration of a business includes providing the company’s name, choosing a business type and address. No further verification is required, except for registration as a SPENN Agent.

Every SPENN user can become a SPENN Agent by choosing such business type while creating a business profile. By registering as an Agent you expressly agree to share your contact details with other users, so that they can find You on the map built into the SPENN app and reach you concerning the top-up or cash-out. To enjoy the full Agent functionality, a user shall go through full KYC process as instructed in the app interface.


Use of the Service

Blockbonds created a payment system, which allows the registered users to manage their savings, payments and investments in a transparent way. The Services are provided based on blockchain technology. A blockchain is a distributed ledger, meaning there is a record of all events shared between many nodes. This record can never be erased, or modified.

We may, in our sole discretion, from time to time add new features or/ and functionalities, change or discontinue providing any part of the Service. New features/functionalities are to be considered an integral part of the Services and thus shall be covered by these Terms & Conditions.

Blockbonds does not charge you with any fee for downloading and using SPENN app. The Customer acknowledges that he/she is fully responsible for the payment of any taxes or governmental fees that apply to this agreement or Services rendered through the SPENN application.

You undertake not to use the Services for any illegal purpose or in any illegal manner and not to perform any activities that may disrupt the functionality of the Services. We may, in our sole discretion, temporarily suspend or terminate the access to the account if we suspect any fraudulent action of a Customer without prior notice and responsibility towards the Customer or a third-party.

You agree to give us the access to and/or use of your relevant device that you use to ac-cess SPENN such as the usage of your device’s processor or storage. Any personal In-formation that we use or access within your device will be treated in accordance with these Terms and Privacy Policy.

You acknowledge that to use all the functionalities of the Services you need an adequate internet connection and you should provide us with a valid phone number. By providing your phone number you thereby agree to receive SMS/text messages concerning the Services, including commercial information about new offers, promotions. We shall cease sending marketing-related communication upon receipt of a written request from you. Blockbonds is not responsible for any fees charged by the internet providers/mobile carri-ers in connection with the usage of the Services.

You warrant that you are aware of the risks associated with the usage of technical devic-es for the purpose of financial operations, including but not limited to internet connection failure.

DEPOSITS/WITHDRAWALS (Top-up/ Cash out transactions)

As a registered and verified Customer you will be granted access to a digital wallet, which consists of a spending and optionally a business account. Additional services according to the account type may be added upon Blockbonds sole discretion.

You acknowledge and agree that funds credited by you are stored on one or more sepa-rate bank accounts that Blockbonds AS maintains at a third-party financial institution.

The deposit/withdrawal can be done through a wire transfer or at one of Blockbonds ac-credited Cashier Partners. The Company will instantly update the list of the accredited Cashier Partners. Deposits/withdrawals done through a Cashier Partner may be subject to an additional fee.

Blockbonds is making every conceivable effort to ensure the availability and integrity of its Cashier Partners and that they share the same mission and values. Blockbonds is not li-able for any losses that occur due to a deposit made to a cashier partner that is not listed as accredited Cashier Partner in the time of making a deposit or due to any fraud or dam-ages caused by the owners or employees of accredited Cashier Partners. Neither shall Blockbonds be responsible in the event that the Cashier Partner for any reason refuses to perform the Top-up/Cash out transaction. Such event shall however be reported to Block-bonds for further investigation.

Withdrawals from the spending account can be done anytime.

Withdrawals from the saving accounts are limited and are subject to the agreement be-tween Blockbonds and the here-above-mentioned third-party financial institution.

PAYMENT TRANSACTIONS BETWEEN USERS (SENDING/RECEIVING FUNDS)

You authorize Blockbonds to settle transactions according to your instructions. Once the instruction is provided, it cannot be revoked, as the blockchain technology cannot be re-versed. The instruction is provided when properly confirmed in the SPENN app screen, by sliding the “confirm” button. Used funds are non-refundable and non-cancelable. The amounts used to enter into a transaction shall be immediately withdrawn from your ac-count. You agree that Blockbonds is not responsible for any errors or omissions made while doing the transaction via SPENN app.

In the event of using the SPENN app for payments for any goods or services, Blockbonds shall not be held liable for any defects, damages, failure to perform services, error in en-tering the due amount payable to the service provider/seller or any acts or omissions that can raise the dispute by the Client and service provider/seller whatsoever.

We may, from time to time and in our sole discretion, require you to provide additional proof of your identity, e.g. a notarized copy of your passport or written confirmation of your instructions to perform activities through the Service, as deemed necessary under the cir-cumstances. In such event the aforementioned activity may be freezed until we can per-form the necessary authentication.

Blockbonds may assign the transaction limit pursuant to laws applicable in the country of operation and change this limit according to any amendments in the law provisions with-out prior notice.

The history of transactions is stored in Your SPENN Account to be accessible anytime.

The blockchain technology ensures its consistency and constancy.

REFERALLS (LOYALTY PROGRAM)

Registered users can recommend SPENN to their friends and family and earn a monetary reward once registration is verified on both sides. For this purpose the registered user shall utilizehis/her unique reward code provided through the SPENN application. The reward value differs between countries of operation. The reward shall be granted for each new user that is registered and verified using a reward code.

The user confirms that only by registration using a reward code, will the reward be honored. If the referrer or referred is not verified, the reward code will be assigned to his/her account for seven consecutive days, and he/she will be notified that there is outstanding reward which will be granted only after verification of his/her phone number. Passing of the aforementioned seven days period without the verification of the phone number will cause the reward to be lost. The verification of the referrer does not have influence on the reward being granted to the new user upon phone number verification.

The verification of the reffered, notwithstanding the verification of his own phone num-ber, is a further condition for the referrer to get the reward.

The Company may from time to time at its sole discretion introduce other special offers, that are limited in time and that fall under these Terms & Conditions. These offers are val-id only during the time period specified by the Company. The Company reserves the right to shorten the time of the offer, change the amount of the reward or in any oher way limit the reward program at its sole discretion. The Company reserves the right to terminate the referral system at its discretion.


Termination and suspension

We may, in our sole discretion, without prior notice or liability to you or any third-party ter-minate or suspend the Account or the usage of any part of the Services, particularly if we suspect the occurrence of:

  • unauthorized usage of Customers account
  • breach of any provision of these Terms & Conditions and/or the applicable laws
  • failure to provide accurate/complete personal data or failure to update the personal data
  • failure to comply with Company’s KYC standards
  • performance of a suspicious transaction by the Customer

Without prejudice to the right of termination described hereabove, both parties have the right to terminate this agreement with a 7 days prior notice in writing.

Upon termination of the agreement, all the amounts payable by the Customer to the Company become immediately due, including the costs that Company incurred as a re-sult of an immediate termination.

Any remaining balance in the client’s account will be paid to the Customer, unless the Customer is in breach of these Terms & Conditions, other applicable laws or the Compa-ny has been otherwise instructed by relevant authorities. Although the termination the Customer data will be stored for further reference, due to security and regulatory reasons.

If the Account was suspended due to the act of a lesser significance (e.g. nonconformity with the instructions of the Company according to the compliance with KYC standards) the Account can be restored once the Client is no longer in breach and request for resto-ration. Accounts suspended for more than one year will be terminated.

The Client agrees to indemnify and hold Blockbonds harmless from all claims, damages, loss and liabilities whatsoever, arising from the termination and suspension of the Client’s Account.


Dormant accounts and accounts of deceased persons

DORMANT ACCOUNTS

  1. Customer account that has registered no transaction for a consecutive period of 12 months shall be considered dormant.

    Customer will be notified about the inactivity:

    • First notice will be sent not less than four months before the 12 months inactivity period is reached.
    • The notice will be repeated each following month.
    • When the 12 months inactivity period is reached, the account will be suspended unless there is some form of activity. Customer will be notified about suspending his account as well as about how to reactivate the account and how to close the account, if he/she does not want to reactivate it.
  2. An account that has been suspended for 12 months without reactivation by or communi-cation from the relevant customer shall be terminated. Customer will be noticed about the termination date not less than four months before this date and the reminder notices will be sent each following month until the date of termination.
  3. All outstanding balances in the account upon termination will be transferred, along with identifying information on the Customer, into a separate account held by the Company with a bank designated for this purpose for a period of not less than five years.
  4. Provided that a period of five years has passed without claim from the Customer, the funds will be transferred to an official authority, depending on the country of residence of the Customer.
  5. The Customer will be informed at least one year before the expiration of the aforesaid pe-riod of five years, by certified letter with acknowledgement of receipt and delivered to his/ her last known address, of the intention to hand over said funds to the relevant offi-cial authority. The notice will be repeated two months prior to the date of handing over the funds.

DORMANT ACCOUNTS

In order to determine the person who can acquire the funds that are held on the de-ceased persons’ account, the Law that governs the succession in the relevant jurisdiction will be followed.


Termination and suspension

Complaints can be directed through contact form on websites www.blockbonds.io, spenn.com, or to any email listed in the “Contact” section of those websites, either to Cus-tomer’s local SPENN office or directly to Blockbonds.

Complaints may be also sent via post to:

Blockbonds AS, C/O Regus Stavanger City Centre 5 etg. Verksgata 1A, 4013 Stavanger, Norway

Full description of complaints handling procedure is available on the website www.blockbonds.io and spenn.com.


Intellectual property

All Services, including without limitation, the Software, the trademarks, logos are protect-ed by intellectual property rights, such as copyrights, trademarks, service marks, patents or other proprietary rights, pursuant to applicable laws. Copying, recording, editing, altering, distributing the content of the website or Services is prohibited.


Client warranties

The Client is legally capable of entering into Agreement with Blockbonds and to be bound by it.

The Client is not a Politically Exposed Person and will promptly inform the Company if he will become such.

The information provided to the Company during the Client registration process and any-time later updated are true and accurate. The Client expressly consent to have those data stored and processed by the Company or the third-parties for the purpose of providing the Services.

The funds transferred to the Company belongs exclusively to the Client and are consid-ered not a proceeds of any criminal activity.

The Services will not be used by the Client in any abusive way.

The Client declares his awareness that any content available through the Services may be subject to intellectual property rights and declare hereby to respect it.

The Client declares his awareness that by posting, uploading, displaying or otherwise making available any content through the SPENN app, it may become publicly available. The Client takes sole responsibility for any consequences arising therefrom.

The Client agree not to perform any activities that may be deemed as an attempt to gain unauthorised access to the Services or take over control or otherwise attempt to breach the security measures implemented by the Company.

The Client declares his awareness that not all the features and/or functionalities offered by the Company will be available in all geographic locations where the Company oper-ates or that those features/functionalities may vary in the form they are offered. The Client will hold Blockbonds free from any liabilities arising therefrom.


Record keeping

You acknowledge that we, or an authorized party on our behalf, may keep records of your personal data, correspondence between you and the Company and the history of your transactions. This is to ensure the transparency of Services.

To know how we store, use or share Your personal data, please refer to our Privacy Policy.


Disclaimer

The Services, the website and its content are provided “AS IS” and “AS AVAILABLE”. To the extent permitted by applicable laws and regulations, we expressly disclaim all warran-ties of any kind, whether express or implied. Without limiting the above, we make no war-ranty that the Services or website will be uninterrupted, timely, continuous, error-free, completely accurate or suitable for any particular purpose. We disclaim any warranties for virus-free, non-harmful website and compatibility of SPENN software with your mobile device.

YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPE-CIFICALLY SET FORTH IN THESE TERMS.

This section shall be modified according to the laws of each country legislation.

Notwithstanding the above terms, the Company shall not be held liable for any damage caused to the Client as a result of any omission, negligence, deliberate omission or fraud by the financial institution, where the Company’s bank accounts are maintained. The Company makes every effort to ensure that the banks and institutions to which the Cli-ent’s funds are deposited are of good standing and reputation. However, the Company shall not be held liable in the event of a loss resulting from deterioration of the financial standing of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCI-DENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE ANY PART OF THIS SITE OR SERVICES OR ANY SITES LINKED TO THIS SITE, OR RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION WITH RESPECT TO THE CONTENT. IN EACH CASE, IN-CLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, and strict liability or otherwise. Notwithstanding any of the foregoing, our total aggregate liability under this Agreement, if any, in connection with the Site, the Service or the Con-tent or the Agreement will be limited to the amount of the Transaction giving rise to such claim. The foregoing limitations shall apply notwithstanding any failure of essential pur-pose of any limited remedy and are fundamental elements of the bargain between us and you.

This section shall be modified according to the laws of each country legislation. If the law of a country does not allow such limitation of liability, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Blockbonds shall not be liable for any loss, damage, compensation to the Client or third party arising from any delay, termination or interruption of any kind of the Services in the event of force majeure, such as, but not limited to fire, atmospheric conditions, electric or electronic fault or technical error, damages caused by third parties


Indemnification

YOU RELEASE, AND AGREE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES OR ANYONE ACTING ON OUR BEHALF FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES OF EVERY KIND RELATED TO IN ANY WAY TO YOUR USE OF, ACCESS TO OR RELI-ANCE ON THIS SITE, THE SERVICE OR THE CONTENT, OR YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGU-LATIONS.


Governing Law

This Agreement will be governed in accordance with the laws of the Kingdom of Norway without regard to conflicts or choice of law principles. Any legal action or proceeding aris-ing in connection with this Agreement will be brought exclusively in courts of the King-dom of Norway, and the parties irrevocably consent to such personal jurisdiction and venue.


Waiver

Any failure to exercise or any delay in exercising a right or remedy provided in these Terms & Conditions will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies.


Entire Agreement

This Agreement comprises the entire agreement and understanding between you and us in respect of the matters dealt with herein and supersedes all prior agreements pertaining to the subject matter hereof.


Severability

If any provision(s) of this Agreement is held to be unenforceable or illegal or contravene any rule, regulation or by law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and this Agreement will be interpreted and en-forced as though the provision has never been included and the legality or enforceability of the remaining provisions of this Agreement shall not be affected.


Interpretation

The section titles in this Agreement are solely used for the convenience and have no le-gal or contractual significance.




Contact us:

Blockbonds AS, C/O Regus Stavanger City Centre 5 etg. Verksgata 1A, 4013 Stavanger, Norway

Email: hello@blockbonds.io