Last Updated 1/24/2025

INTRODUCTION.

Welcome to Sparxtix! These Terms and Conditions (“Agreement”) govern your access to and use of our services provided through our website (https://sparxtix.com/) and related platforms. By accessing or using our services, you agree to be bound by this Agreement.

Sparxtix operates as a platform that enables individuals to sell their event tickets to us when they can no longer attend. We offer a convenient solution via FB Messenger and Instagram, providing users with an immediate payout instead of navigating the complexities of selling tickets on their own. Our services cover a wide range of events, including sporting events, concerts, and more.

Please carefully read this Agreement as it contains important information about your rights, obligations, and limitations when using our services. If you do not agree with any provisions of this Agreement, we kindly ask you to refrain from using our services.

By accessing or using our services, you confirm that you are at least 18 years old and have the legal capacity to enter into a contract. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.

Throughout this Agreement, references to “Sparxtix,” “we,” “us,” or “our” refer Sparxtix Inc., the company providing the services. References to “you” or “user” refer to any individual or entity that accesses or uses our services.

This Agreement includes other important provisions, such as user responsibilities, pricing, payments, refunds, intellectual property rights, limitations of liability, and dispute resolution. We recommend reviewing this Agreement regularly, as it may be updated from time to time. Your continued use of our services constitutes acceptance of any revised terms.

If you have any questions, concerns, or inquiries regarding this Agreement or our services, please reach out to us using the contact information provided in the “Contact Us” section below.

Thank you for choosing Sparxtix! We look forward to providing you with a seamless and convenient ticket selling experience.

SERVICE DESCRIPTION.

Sparxtix operates as a reliable and convenient platform that facilitates the purchase of event tickets from individuals who can no longer attend their chosen events. Our services are accessible through our website (https://sparxtix.com) and related platforms.

Sparxtix offers a streamlined process for selling event tickets, including tickets for sporting events, concerts, and various other types of events. Our primary function is to provide users with an immediate payout for their tickets, offering a hassle-free alternative to the challenges of selling tickets independently.

To utilize our services, users typically initiate contact through FB Messenger or other supported channels. Our advanced chatbot engages with users, gathering essential details about the event and the tickets. Throughout the interaction, our dedicated team, known as chat raps, communicates with users to provide them with an offer for their tickets.

If users accept the offer, they will proceed to sign our sales agreement, which is created using the secure and reliable Gravity Forms platform (https://www.gravityforms.com/). The sales agreement collects necessary information, including credit card details, which are processed by our trusted payment partners, including Braintree, SEON (https://seon.io/), and LexisNexis Emailage (https://risk.lexisnexis.com/products/lexisnexis-emailage), to ensure fraud prevention and secure transactions.

For customers who do not pass our fraud prevention checks, we employ an additional verification process using PersonaID (https://withpersona.com/) to ensure the integrity of our transactions. This step enhances security and helps maintain a trustworthy environment for all users. 

Once the verification process is successfully completed, Sparxtix promptly pays users for their tickets using PayPal Goods & Services. Users then transfer, email, or ship the tickets to us as specified in our communication. In some scenarios, users will be required to transfer or send their ticket(s) to us before they receive payment if our fraud prevention checks deem it necessary. When a customer has chosen store credit, they will also need to transfer or send their ticket(s) to us before they receive payment. 

Sparxtix is committed to providing a user-friendly and efficient service. While the primary channel of interaction is FB Messenger, users can also reach us via text message. Our services are accessible on various devices, including web, mobile, and tablet, ensuring convenience and flexibility for our users.

We continually strive to enhance the user experience, employing robust fraud prevention measures and employing advanced technologies to streamline our processes. Our goal is to create a secure and efficient platform that enables users to easily sell their event tickets.

USER INTERACTION.

Sparxtix facilitates user interaction through various channels, including FB Messenger and text messaging, to provide a seamless and convenient ticket selling experience. The following outlines the user interaction process:

Initiation:

• Users initiate contact with Sparxtix through FB Messenger or by sending a text message.
• The conversation with Sparxtix chatbot begins, collecting necessary information about the event and the tickets.

Communication with Chat Raps:

• Sparxtix’s dedicated team, known as chat raps, engages with users to provide them with an offer for their tickets.
• Chat raps may ask additional questions to ensure accurate assessment and pricing of the tickets.

Offer Acceptance:

• If users agree to the offer provided by Sparxtix and provides verifiable proof of purchase, they proceed to sign our sales agreement.
• The sales agreement, hosted directly on our website, collects essential details including credit card information required for payment processing.

Fraud Prevention and Verification:

• Sparxtix employs advanced fraud prevention measures, partnering with SEON (https://seon.io/), Braintree, and LexisNexis Emailage (https://risk.lexisnexis.com/products/lexisnexis-emailage) to ensure secure transactions and prevent fraudulent activities.
• Users who do not pass the initial fraud prevention checks may be subject to an additional verification process using PersonaID (https://withpersona.com/) for further verification.

Payment and Ticket Transfer:

• Once the verification process is successfully completed, Sparxtix promptly pays users for their tickets using PayPal Goods & Services. 
• Users are responsible for transferring, emailing, or shipping the tickets to Sparxtix as specified in our communication.
• If a User ships their wristband(s) to Sparxtix and they arrive tightened, User will be subject to a minimum of $100 fee and potential cancellation of their sale.
• If the sale is canceled the submission of the card will be voided and the verification charge will be refunded In some scenarios, they will be required to transfer or send their ticket(s) to us before they receive payment.

Electronic tickets: 

• The seller must be the original purchaser and rightful owner of tickets valid for entry and eligible for resale to the event(s) and seat(s) provided for the sale
• The ticket(s) will not be used, reprinted, or reissued to anyone other than Sparxtix 
• In the event any ticket(s) is deemed invalid by Sparxtix, it is a requirement to provide a scan report from the venue if it is desired to dispute the invalid ticket claim
• A full refund will be provided by the seller under the circumstances that the event is canceled
• Determination of whether or not an event is canceled will be under the sole discretion of Sparxtix
• The tickets provided are not student tickets
• All listings for the ticket(s) that have been agreed upon to sell to Sparxtix have been fully removed from all other resale sites (StubHub, VividSeats, etc.) in order to avoid the charges detailed in these terms
• All E-ticket files provided to Sparxtix must be the original PDF file. Any scanned or screen-shotted E-ticket(s) is a direct breach of these terms
• The credit card that is uploaded to this agreement must show the same name as the proof of purchase and ID provided to the chat representative during the completion of this sale
• If this sale is canceled for any reason (including, but not limited to: the event being canceled, the tickets scanning as invalid, the tickets not arriving as agreed upon in our sales agreement) and the customer does not refund the amount owed to Sparxtix within 30 days of the cancellation– the account may be sent to collections to recoup the funds. If an account is sent to collections, the customer will incur collection fees of up to 50% of the transaction price.
• Failure to abide by these terms can result in a fee of up to 300% of the amount paid by Sparxtix or the full amount incurred by Sparxtix as result of the breach of these terms 

Hard Copy:

• The seller must be the original purchaser and rightful owner of tickets valid for entry and eligible for resale to the event(s) and seat(s) provided for the sale
• The ticket(s) will be delivered by a trackable method no later than the specified date that was agreed upon by Sparxtix and the selling party. ***Please note, we highly recommend shipping through either UPS or FedEx as we have seen customers have the most issues with making delivery deadlines when shipping through USPS. If the tickets do not arrive by the specified delivery date your sale will be in danger of cancellation, which is why we strongly advise against using USPS for shipments.

• Sparxtix is not responsible for any shipping costs. 
• Failure to deliver the tickets by the specified date can result in a reevaluated offer or the cancellation of the sale. 
• In the event that the tickets do not arrive by the specified date and the seller does not accept the new offer the tickets can be shipped back at the cost of the seller
• The ticket(s) will not be used, reprinted, or reissued to anyone other than Sparxtix 
• In the event any ticket(s) is deemed invalid by Sparxtix, it is a requirement to provide a scan report from the venue if it is desired to dispute the invalid ticket claim
• A full refund will be provided by the seller under the circumstances that the event is canceled
• Determination of whether or not an event is canceled will be under the sole discretion of Sparxtix
• The tickets provided are not student tickets
• All listings for the ticket(s) that have been agreed upon to sell to Sparxtix have been fully removed from all other resale sites (StubHub, VividSeats, etc.) in order to avoid the charges detailed in these terms
• The credit card that is uploaded to this agreement must show the name same as the proof of purchase and ID provided to the chat representative during the completion of this sale
• If this sale is canceled for any reason (including, but not limited to: the event being canceled, the tickets scanning as invalid, the tickets not arriving as agreed upon in our sales agreement) and the customer does not refund the amount owed to Sparxtix within 30 days of the cancellation– the account may be sent to collections to recoup the funds. If an account is sent to collections, the customer will incur collection fees of up to 50% of the transaction price.
• Failure to abide by these terms can result in a fee of up to 300% of the amount paid by Sparxtix or the full amount incurred by Sparxtix as result of the breach of these terms

Delivery Delayed Electronic Tickets:

• The seller must be the original purchaser and rightful owner of tickets valid for entry and eligible for resale to the event(s) and seat(s) provided for the sale
• The ticket(s) will be delivered no later than the specified date that was agreed upon by Sparxtix and the selling party. 
• Failure to deliver the tickets by the specified date can result in a reevaluated offer or the cancellation of the sale. 
• In the event that the tickets do not arrive by the specified date and the seller does not accept the new offer the tickets will be returned
• Tickets that are delivery delayed until the day of the event will need to be delivered no later than 12 hours before the event
• The ticket(s) will not be used, reprinted, or reissued to anyone other than Sparxtix 
• In the event any ticket(s) is deemed invalid by Sparxtix, it is a requirement to provide a scan report from the venue if it is desired to dispute the invalid ticket claim
• A full refund will be provided by the seller under the circumstances that the event is canceled
• Determination of whether or not an event is canceled will be under the sole discretion of Sparxtix
• The tickets provided are not student tickets
• All E-ticket files provided to Sparxtix must be the original PDF file. Any scanned or screen-shotted E-ticket(s) is a direct breach of these terms
• All listings for the ticket(s) that have been agreed upon to sell to Sparxtix have been fully removed from all other resale sites (StubHub, VividSeats, etc.) in order to avoid the charges detailed in these terms
• The credit card that is uploaded to this agreement must show the name same as the proof of purchase and ID provided to the chat representative during the completion of this sale
• If this sale is canceled for any reason (including, but not limited to: the event being canceled, the tickets scanning as invalid, the tickets not arriving as agreed upon in our sales agreement) and the customer does not refund the amount owed to Sparxtix within 30 days of the cancellation– the account may be sent to collections to recoup the funds. If an account is sent to collections, the customer will incur collection fees of up to 50% of the transaction price.
• Failure to abide by these terms can result in a fee of up to 300% of the amount paid by Sparxtix or the full amount incurred by Sparxtix as result of the breach of these terms

Barcode Tickets:

• The seller must be the original purchaser and rightful owner of tickets valid for entry and eligible for resale to the event(s) and seat(s) provided for the sale
• The ticket(s) will not be used, reprinted, or reissued to anyone other than Sparxtix 
• In the event any ticket(s) is deemed invalid by Sparxtix, it is a requirement to provide a scan report from the venue if it is desired to dispute the invalid ticket claim
• A full refund will be provided by the seller under the circumstances that the event is canceled
• Determination of whether or not an event is canceled will be under the sole discretion of Sparxtix
• The tickets provided are not student tickets
• All listings for the ticket(s) that have been agreed upon to sell to Sparxtix have been fully removed from all other resale sites (StubHub, VividSeats, etc.) in order to avoid the charges detailed in these terms
• All ticket images must be deemed clear and valid by Sparxtix. In the event that the images are deemed unclear or invalid, a full refund of the payment provided by Sparxtix for the ticket(s) in question will be required
• The credit card that is uploaded to this agreement must show the name same as the proof of purchase and ID provided to the chat representative during the completion of this sale
• If this sale is canceled for any reason (including, but not limited to: the event being canceled, the tickets scanning as invalid, the tickets not arriving as agreed upon in our sales agreement) and the customer does not refund the amount owed to Sparxtix within 30 days of the cancellation– the account may be sent to collections to recoup the funds. If an account is sent to collections, the customer will incur collection fees of up to 50% of the transaction price.
• Failure to abide by these terms can result in a fee of up to 300% of the amount paid by Sparxtix or the full amount incurred by Sparxtix as result of the breach of these terms

By signing our sales agreement you agree to the following:

• I am the original purchaser and rightful owner of tickets I am selling
• The tickets I am selling are valid for entry and eligible for resale
• I have confirmed that all listings for the ticket(s) that I am selling have been fully removed from all other resale sites (StubHub, VividSeats, etc.)
• Sparxtix reserves the right to execute a 48-hour quality control review on every purchase
• If the purchase does not pass the quality control review Sparxtix reserves the right to cancel the transaction, which means I must refund the payment to Sparxtix
• Sparxtix will only return the tickets to me once the refund has been fulfilled
• Sparxtix has up to 48 hours after the transaction is completed in order to cancel a transaction
• A temporary hold may be placed on the payment after it is sent. This hold may last between 21 days to whenever the tickets are physically delivered, whichever comes first. Please note that this hold is in PayPal’s control and is out of Sparxtix’s control. Once the payment is sent, the funds are in the seller’s PayPal account and cannot be reversed by Sparxtix. The seller is not able to cancel the transaction as a result of this hold.
• If Sparxtix is unable to fully recover an owed amount in the initial charge, we reserve the right to make subsequent charges in increments until the entire outstanding balance is settled.
• If this sale is canceled for any reason (including, but not limited to: the event being canceled, the tickets scanning as invalid, the tickets not arriving as agreed upon in our sales agreement) and the customer does not refund the amount owed to Sparxtix within 30 days of the cancellation– the account may be sent to collections to recoup the funds. If an account is sent to collections, the customer will incur collection fees of up to 50% of the transaction price.
• Submission of this form does not guarantee the sale. Once the agreement is submitted, the information is run through our seller approval system. This system can either accept or reject the submission. If the system rejects the submission Sparxtix reserves the right to cancel the sale.

Sparxtix aims to provide a user-friendly and efficient ticket selling process. The primary channel of interaction is through FB Messenger, which is accessible on various devices, including web, mobile, and tablet. Users may also communicate with Sparxtix via text message.

Please note that all communication and interaction with Sparxtix should be conducted within the parameters of our Terms and Conditions. Sparxtix reserves the right to terminate or suspend any user’s access to the services if they engage in fraudulent activities, violate the Terms and Conditions, or provide inaccurate information.

ELIGIBILITY.

To use Sparxtix’s services, you must meet the following eligibility requirements:

Age Requirement:

• You must be at least 18 years old to access and use our services.
• By using our services, you represent and warrant that you are of legal age to enter into a contract.

Geographical Limitation:

• Sparxtix’s services are currently available for events taking place in the United States and Canada.
• By accessing and using our services, you confirm that you are located within the United States or Canada.

Facebook Account:

• To interact with Sparxtix through FB Messenger, you must have a valid Facebook account.
• By using our services, you acknowledge and agree that you are responsible for maintaining the confidentiality and security of your Facebook account information.

Authorization for Organizations:

• If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.
• By using our services on behalf of an organization, you further confirm that you agree to these Terms and Conditions on behalf of the organization and that the organization shall be bound by this Agreement.

Sparxtix reserves the right to refuse access to our services or terminate any user’s account if they do not meet the eligibility requirements mentioned above.

USER RESPONSIBILITIES.

By accessing and using Sparxtix’s services, you agree to adhere to the following user responsibilities:

• Accurate Information: You are responsible for providing accurate, complete, and up-to-date information throughout the ticket selling process. It is important to ensure that all details regarding the event and the tickets are precise and reliable. Any inaccuracies or misrepresentations in the information you provide may result in a delay or cancellation of the transaction.
• Compliance with Laws: When using our services, you agree to comply with all applicable laws, regulations, and guidelines. It is your responsibility to ensure that the sale of tickets through Sparxtix is permitted by the relevant laws and regulations in your jurisdiction. You should familiarize yourself with any legal requirements or restrictions associated with selling tickets.
• Respect for Intellectual Property Rights: Sparxtix expects users to respect the intellectual property rights of others. This includes respecting copyrights, trademarks, and any other proprietary rights associated with the event or ticket-related content. You must not infringe upon or misuse the intellectual property rights of others when using our services.
• Content Responsibility: When providing content during the ticket selling process, such as event details or ticket information, it is your responsibility to ensure that the information is accurate, lawful, and non-infringing. You acknowledge that you are solely responsible for the content you provide and its compliance with applicable laws. Sparxtix is not liable for any content provided by users that violates intellectual property rights or other legal obligations.
• Compliance with Terms and Conditions: You are required to comply with the Terms and Conditions outlined by Sparxtix. These terms govern your use of our services and establish the rights and responsibilities of both parties. Failure to comply with the Terms and Conditions may result in the termination or suspension of your access to our services.
• Account Security: If you create an account or utilize any login credentials for our services, you are responsible for maintaining the confidentiality and security of your account. You should take appropriate measures to safeguard your account information and promptly notify us of any unauthorized access or use of your account.

Sparxtix reserves the right to investigate any violations of these user responsibilities and take appropriate action, including the termination or suspension of your access to our services.

PRICING, PAYMENTS, AND REFUNDS.

Sparxtix offers a transparent pricing model and convenient payment options for users selling their event tickets through our platform. Please review the following provisions related to pricing, payments, and refunds:

• Pricing: The pricing for the tickets you sell to Sparxtix is determined based on various factors, including the event, ticket availability, demand, and market conditions. We strive to provide competitive offers that reflect the market value of the tickets at the time of the transaction. The final offer will be communicated to you during the ticket selling process.
• Payment Process: Upon accepting our offer for your tickets, Sparxtix will initiate the payment process promptly. We utilize PayPal Goods & Services as our primary payment method. You will receive payment directly to your PayPal account associated with the email address provided during the sales agreement process.
• Refunds: Once the transaction is completed and payment is made, all sales to Sparxtix are final. However, in the event that the event for which you sold the tickets is canceled, you are required to provide us with a full refund of the amount paid by Sparxtix for those tickets. We rely on your cooperation in promptly refunding the purchase amount in such cases. In the event of a canceled event, Sparxtix is not responsible for any shipping costs incurred. All shipping fees are non-refundable.
• Fees and Charges: Sparxtix does not charge any fees or commissions for utilizing our services. However, failure to abide by our Terms and Conditions or the refund policy may result in a fee of up to 300% of the amount paid by Sparxtix or the full amount incurred by Sparxtix as a result of the breach of these terms. Such fees or charges may be deducted from the payment made to you or pursued separately.
• Disputed Payments: If a dispute arises concerning the payment received for your tickets, Sparxtix will work with you to resolve the matter in a fair and timely manner. We may require additional information or documentation to investigate and address the dispute appropriately. Please cooperate with us during the resolution process to reach a satisfactory outcome.
• Currency and Exchange Rates: All payments made by Sparxtix are processed in the currency specified during the transaction. If currency conversion is necessary, exchange rates determined by PayPal or the payment processor may apply. Sparxtix is not responsible for any discrepancies or charges related to currency conversion.

It is essential to review these provisions regarding pricing, payments, and refunds carefully before proceeding with the ticket selling process. If you have any questions or concerns related to pricing, payments, or refunds, please refer to the “Contact Us” section below for the appropriate contact details.

SUSPENSION AND TERMINATION.

Sparxtix reserves the right to suspend or terminate your access to our services under certain circumstances. Please read the following provisions regarding suspension and termination:

• Breach of Terms and Conditions: If you violate any provisions of our Terms and Conditions, Sparxtix may suspend or terminate your access to our services. This includes but is not limited to engaging in fraudulent activities, providing inaccurate information, infringing upon intellectual property rights, or behaving in a manner that violates applicable laws or regulations. Suspension or termination may occur without prior notice and at the sole discretion of Sparxtix.
• Account Inactivity: Sparxtix may suspend or terminate your account due to prolonged periods of inactivity. If you do not use our services for a specified period of time, as determined by Sparxtix, we reserve the right to suspend or terminate your account. Prior notification will be provided to the email address associated with your account before any action is taken.
• Abuse or Misuse of Services: If you abuse or misuse Sparxtix’s services, including engaging in disruptive behavior, harassment, or any actions that negatively impact the user experience or the integrity of our platform, your access may be suspended or terminated. Sparxtix strives to maintain a safe and respectful environment for all users, and any violation of this principle may result in immediate suspension or termination.
• Effect of Suspension or Termination: In the event of suspension or termination, you will no longer be able to access or use Sparxtix’s services. This includes the inability to sell tickets, access transaction history, or communicate with our team. Any pending transactions or offers may be canceled, and any amounts owed to you will be handled in accordance with our policies.
• Appeals and Disputes: If you believe that the suspension or termination of your account was unwarranted or in error, you may contact us using the information provided in the “Contact Us” section below to appeal the decision. We will review your appeal and address any disputes or concerns promptly and fairly.

Sparxtix’s decision to suspend or terminate your access to our services is final, and we are not obligated to reinstate your account or provide further explanations beyond what is specified in this provision.

INTELLECTUAL PROPERTY RIGHTS.

Sparxtix respects the intellectual property rights of others and expects users of our services to do the same. Please carefully review the following provisions regarding intellectual property rights:

• Ownership of Content: All content provided by Sparxtix, including but not limited to text, graphics, logos, icons, images, audio clips, and software, is the property of Sparxtix or its licensors and is protected by applicable intellectual property laws. This content is provided for the sole purpose of facilitating the ticket selling process through our platform.
• User-Provided Content: As a user of Sparxtix’s services, you retain ownership of the content you provide during the ticket selling process. By providing content, including event details, ticket information, or any other material, you grant Sparxtix a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, display, and distribute such content solely for the purpose of providing our services. You represent and warrant that you have the necessary rights to grant this license.
• Third-Party Intellectual Property: Sparxtix respects the intellectual property rights of third parties and expects users to do the same. When using our services, you must ensure that you do not infringe upon the intellectual property rights of others, including copyrights, trademarks, patents, or any other proprietary rights. You should not upload, share, or sell any content that infringes upon the intellectual property rights of others without proper authorization.
• Notice of Intellectual Property Infringement: If you believe that your intellectual property rights have been infringed upon by any content on our platform, please promptly notify us using the contact information provided in the “Contact Us” section below. Your notice should include:

o   A description of the infringed work and its location on our platform.

o   Sufficient information to identify the copyrighted work or intellectual property.

o   Your contact information, including name, address, telephone number, and email address.

o   A statement that you have a good-faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law.

o   A statement, made under penalty of perjury, that the information provided is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner.

Sparxtix will review and address any valid notices of intellectual property infringement in accordance with applicable laws. We may take appropriate action, including removing or disabling access to the infringing content.

Please be aware that any false claims of intellectual property infringement may result in liability for damages, including legal fees and costs, incurred by Sparxtix or the alleged infringer.

DISPUTE RESOLUTION.

Sparxtix strives to provide a positive user experience, but in the event of a dispute arising from your use of our services, we encourage you to follow the provisions outlined below:

• Informal Resolution: If you have a concern or dispute regarding our services, we encourage you to first contact us using the information provided in the “Contact Us” section below. Our dedicated support team will make every effort to address your concerns and resolve the dispute amicably and in a timely manner.
• Arbitration: In the event that a dispute cannot be resolved through informal means, both parties agree to resolve the dispute through binding arbitration rather than litigation. This means that the dispute will be submitted to a neutral arbitrator or arbitration panel for a final and binding decision. The arbitration will be conducted in accordance with the rules and procedures of the chosen arbitration provider.
• Waiver of Class Action: By using our services, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class action, consolidated action, or representative action. You further waive any right to participate in any class action, consolidated action, or representative action.
• Severability: If any provision of this dispute resolution provision is found to be unenforceable or invalid under applicable law, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The remaining provisions of this dispute resolution provision shall continue in full force and effect.
• Alternative Dispute Resolution Options: Sparxtix may, at its discretion, offer alternative dispute resolution options such as mediation or negotiation to resolve disputes on a case-by-case basis. Participation in such alternative dispute resolution is voluntary and requires the mutual consent of both parties.

This dispute resolution provision is intended to encourage fair and efficient resolution of disputes. By using our services, you acknowledge and agree to abide by this dispute resolution process.

LIMITATIONS AND DOWNTIME.

While Sparxtix strives to provide a reliable and uninterrupted service, there may be instances where limitations or temporary downtime occur. Please review the following provisions regarding limitations and downtime:

• Service Limitations: Sparxtix may impose certain limitations or restrictions on the use of our services. These limitations may include, but are not limited to, maximum transaction limits, restrictions on specific ticket types, or geographical limitations. Such limitations are implemented to ensure the integrity and fairness of our platform and may be subject to change without prior notice.
• Scheduled Downtime: Sparxtix may schedule periodic maintenance, updates, or enhancements to our platform. During these periods, access to our services may be temporarily unavailable. We will make reasonable efforts to provide advance notice of any scheduled downtime and strive to minimize the impact on users. However, there may be situations where unscheduled downtime occurs due to unforeseen circumstances or technical issues.
• Unforeseen Downtime: Despite our best efforts, there may be instances of unforeseen downtime, including system failures, server issues, or other technical disruptions. Sparxtix will work diligently to restore access to our services as soon as possible. We cannot guarantee uninterrupted or error-free access to our platform and disclaim any liability for any loss or inconvenience caused by such downtime.
• Data Loss or Corruption: While Sparxtix takes appropriate measures to protect user data, including regular backups and security protocols, there is a possibility of data loss or corruption. In such cases, Sparxtix will make reasonable efforts to restore any lost or corrupted data. However, we cannot guarantee the complete recovery of all data, and users are encouraged to maintain their own backups of important information.
• Third-Party Services and Downtime: Sparxtix may rely on third-party services, including payment processors, fraud prevention tools, and hosting providers, to facilitate our services. Any downtime or disruptions experienced by these third-party services may impact the availability or functionality of Sparxtix’s services. We are not liable for any such interruptions caused by third-party services.

LIMITATION OF LIABILITY.

Sparxtix strives to provide a reliable and secure platform, but it is important to understand and acknowledge the limitations of our liability. Please carefully review the following provisions regarding the limitation of liability:

• Disclaimer of Warranties: Sparxtix’s services are provided on an “as is” and “as available” basis, without any warranties or representations, express or implied. We do not warrant that our services will be uninterrupted, error-free, or free from viruses or other harmful components. While we take reasonable measures to ensure the accuracy and reliability of the information provided, we make no guarantees regarding the completeness, timeliness, or accuracy of the content.
• Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARXTIX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SPARXTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Indemnification: You agree to indemnify, defend, and hold harmless Sparxtix and its affiliates, officers, directors, employees, agents, and partners from any and all claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of our services, violation of these Terms and Conditions, or infringement of any rights of a third party.
• No Consequential Damages: In no event shall Sparxtix’s total liability to you for all claims, damages, losses, or causes of action exceed the total amount paid by you, if any, to Sparxtix for the use of our services during the twelve (12) months preceding the claim or cause of action.
• Allocation of Risk: The limitations and exclusions of liability set forth in these Terms and Conditions allocate the risks between you and Sparxtix. The limitations and exclusions of liability provided herein shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability, or any other legal or equitable theory.

CHANGES TO TERMS AND CONDITIONS.

Sparxtix reserves the right to modify or update these Terms and Conditions at any time, with or without prior notice. It is important to review these provisions periodically to stay informed about any changes. Please carefully read the following provisions regarding changes to the Terms and Conditions:

Notification of Changes: In the event of any material changes to these Terms and Conditions, Sparxtix will make reasonable efforts to notify you through prominent notifications on our website, via email, or through other communication channels. It is your responsibility to regularly check for updates to these Terms and Conditions.

Acceptance of Revised Terms: By continuing to use Sparxtix’s services after the effective date of any modifications to these Terms and Conditions, you indicate your acceptance of the revised terms. If you do not agree with the revised terms, your sole recourse is to discontinue the use of our services.

Continued Application of Previous Terms: Any modifications or updates to these Terms and Conditions shall apply prospectively from the effective date specified in the updated version. The previous version of the Terms and Conditions shall continue to govern your use of our services prior to the effective date of the changes.

It is your responsibility to review these Terms and Conditions periodically to stay informed of any changes. If you have any questions or concerns regarding the changes to these Terms and Conditions, please refer to the “Contact Us” section below for the appropriate contact details.

PRIVACY AND DATA PROTECTION.

Sparxtix is committed to protecting your privacy and ensuring the security of your personal information. Please review our Privacy Policy for detailed information on how we collect, use, and protect your data. The Privacy Policy forms an integral part of these Terms and Conditions and can be accessed (https://sparxtix.com).

By using our services, you acknowledge and agree to the terms and practices outlined in our Privacy Policy. It is important to read and understand the Privacy Policy to make informed decisions about the use of your personal information.

The Privacy Policy covers important aspects such as:

• Information we collect, including personal information and other data.
• How we collect information, including through our website, third-party providers, and social media platforms.
• Purpose of information collection, including order support, advertising, and fraud protection.
• Storage and security measures to protect your information.
• Sharing of information with third parties, such as hosting services, analytics providers, and payment processors.
• Selling of user data, which Sparxtix does not engage in.
• User rights to stop information collection and how to exercise those rights.
• Notification of changes to our information handling practices.
• Use of cookies and tracking technologies on our website.
• Links to third-party websites or services.
• Data retention periods and practices.
• International data transfers and safeguards.
• Compliance with General Data Protection Regulation (GDPR) for users in the European Union.
• Contact information for any inquiries or concerns regarding data protection and privacy.

By accessing or using our services, you consent to the collection, use, and storage of your personal information as described in our Privacy Policy.

THIRD-PARTY LINKS AND INTEGRATIONS.

Sparxtix’s services may include links to third-party websites or integrations with third-party services. These third-party links and integrations are provided for your convenience and to enhance your experience. Please carefully read the following provisions regarding third-party links and integrations:

• Third-Party Websites: Sparxtix may provide links to third-party websites that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, privacy practices, or terms and conditions of these third-party websites. By accessing and using these third-party websites, you acknowledge and agree that Sparxtix shall not be liable for any damages or losses incurred as a result of your interactions with these third-party websites.
• Third-Party Services and Integrations: Sparxtix may integrate its services with third-party platforms, software, or services to enhance the functionality or user experience. These integrations may include, but are not limited to, social media platforms, payment processors, fraud prevention tools, and communication channels. While Sparxtix strives to choose reputable and reliable third-party providers, we do not endorse or assume any responsibility for the actions, services, or practices of these third-party providers. Your use of any third-party services or integrations is subject to the terms and conditions and privacy policies of the respective third parties.
• Third-Party Content and Advertisements: Sparxtix may display third-party content or advertisements within its services. The inclusion of such content does not imply endorsement or affiliation with the third-party providers. Sparxtix does not assume any responsibility or liability for the accuracy, completeness, legality, or availability of these third-party advertisements or content. Your interactions with third-party advertisements or content are solely between you and the respective third parties.
• Disclaimer of Liability: To the fullest extent permitted by applicable law, Sparxtix shall not be liable for any damages, losses, or liabilities arising out of or in connection with your interactions or transactions with third-party websites, services, or content. You acknowledge and agree that any reliance on such third-party links, integrations, services, or content is at your own risk.

GOVERNING LAW.

These Terms and Conditions, and any disputes arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the jurisdiction where Sparxtix is headquartered. By accessing or using our services, you agree to submit to the exclusive jurisdiction of the courts in that jurisdiction for the resolution of any disputes.

In the event of any conflict between these Terms and Conditions and any applicable laws, the provisions of the law shall prevail to the extent required. Any failure by Sparxtix to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

To the fullest extent permitted by applicable law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or your use of Sparxtix’s services shall be resolved through negotiation and mutual agreement. In the event that a resolution cannot be reached amicably, you agree to submit the dispute to binding arbitration in accordance with the applicable rules of the jurisdiction where Sparxtix is headquartered.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Sparxtix and its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of Sparxtix’s services, violation of these Terms and Conditions, or infringement of any rights of a third party.

You acknowledge and agree that Sparxtix shall have the right, but not the obligation, to assume the defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate with Sparxtix in asserting any available defenses.

Sparxtix shall make reasonable efforts to notify you promptly of any such claim, action, or proceeding brought against you, provided that Sparxtix’s failure to notify you shall not relieve you of your indemnification obligations, except to the extent that such failure materially prejudices your ability to defend the claim.

This indemnification provision shall survive the termination or expiration of these Terms and Conditions and your use of Sparxtix’s services. It applies to the fullest extent permitted by applicable law.

By accepting these Terms and Conditions and using Sparxtix’s services, you agree to indemnify and hold Sparxtix harmless from any claims or liabilities arising out of your actions or omissions. You further acknowledge and agree that Sparxtix shall not be liable for any damages or losses incurred as a result of any third-party claims or actions.

ENTIRE AGREEMENT.

These Terms and Conditions, along with any other documents or policies referenced herein, constitute the entire agreement between you and Sparxtix regarding the use of our services. By using our services, you acknowledge and agree that there are no other agreements, understandings, or representations, whether oral or written, between you and Sparxtix relating to the subject matter herein.

In the event of any conflict or inconsistency between these Terms and Conditions and any other document or policy referenced herein, these Terms and Conditions shall prevail to the extent of such conflict or inconsistency.

You acknowledge that you have not relied on any representations, warranties, or statements made by Sparxtix or any of its representatives, other than those expressly set forth in these Terms and Conditions.

This provision on entire agreement ensures that these Terms and Conditions represent the entire understanding between you and Sparxtix regarding the use of our services, superseding any prior agreements or understandings. It emphasizes that any modifications or waivers must be in writing and signed by authorized representatives. By using our services, you acknowledge and agree to the entire agreement provision.

SEVERABILITY.

If any provision of these Terms and Conditions is found to be unenforceable, invalid, or unlawful under applicable law, such provision shall be deemed severable from these Terms and Conditions, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The unenforceable, invalid, or unlawful provision shall be replaced by a valid and lawful provision that comes closest to the intention of the original provision.

This severability provision ensures that if any provision of these Terms and Conditions is deemed unenforceable, invalid, or unlawful, it will not affect the validity and enforceability of the remaining provisions. Sparxtix retains the right to enforce any provision at a later time, even if it has not been enforced initially.

WAIVER.

The failure of Sparxtix to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions must be in writing and signed by an authorized representative of Sparxtix.

CONTACT US.

If you have any questions, concerns, or feedback regarding these Terms and Conditions, or if you need further assistance, please don’t hesitate to contact us. We are committed to providing excellent customer service and addressing any inquiries promptly and efficiently.

You can reach us by using the following contact information:

Email: help@sparxtix.com

When contacting us, please provide your name, contact details, and a clear description of your question or issue. This will help us better understand and respond to your inquiry.

We strive to respond to all customer inquiries in a timely manner, typically within 72 business hours. However, please note that response times may vary depending on the nature and complexity of the inquiry.

For more information on how we handle your personal information, please refer to our Privacy Policy.

We appreciate your feedback and value your input. Your questions, concerns, and suggestions are important to us as we continuously work to improve our services and provide the best possible experience for our users.