Terms of Service Version 1.0 : 24 June 2019
1. Thank you for signing up to use the FistBump mobile application.
These Terms of Service Agreement (or “Terms” for short) describes the rules of our relationship with you and is a legal agreement, so please read it carefully.
2. By downloading the FistBump application, accessing your wallet, inputting your details, otherwise engaging with the FistBump app(s) or web interface(s), you represent that you have read, understand, and agree to be bound by these terms. if you do not agree with or don’t understand these terms, please do not use these services as you will be bound by these terms by doing so.
3. Arbitration Agreement We wanted to let you know that these terms include an arbitration agreement( also known as alternative dispute resolution agreement) which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class, collective or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. We also wanted to let you know that the FistBump application contains features and functionalities that may provide you with access to opportunities to earn and spend kin. You acknowledge and agree that some of these features and functionalities are still under development and have been released to you as a user with full disclosure that at these early stages of development you may lose access to your wallet and any kin that you have earned if you delete the app and/or use a different device.
Whilst we will endeavour to assist you in whatever manner we deem appropriate; should you encounter any difficulties in accessing your Kin or for some reason lose your kin, you agree by accepting these terms that FistBump or it's owners are not and cannot be held responsible. furthermore you acknowledge and agree that FistBump or owners are not and cannot be held responsible for the safekeeping of the information, logins and devices under your care and cannot be held responsible for any loss of Kin under any circumstances and for any perceived consequential material loss you may believe you’ve endured.
4. Regulatory considerations It is important to note that the services provided by FistBump in relation to the storage, payment of and facilitation of peer to peer transfer of the Kin Cryptocurrency are unregulated in the United Kingdom. Cryptocurrencies are not regulated by the FCA (and the UK’s money laundering authority) on this basis they do not fall within the scope of the UK’s measures implementing the Payments Services Directive, the Second Electronic Money Directive or the Third Money Laundering Directive. 5. Notice on Severability If any part of the Terms of Service and Privacy Policy(ies) terms are found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms of Service and Privacy Policy(ises) to the minimum extent such that the remaining provisions of these Terms of Service and Privacy Policy(ises) will continue in full force and effect. 6. Who Can Use the Services If you are not yet legally considered an adult where you live (known as the age of majority), you may only use the Kinny application and associated Services if your parent or guardian agrees to these Terms on your behalf.
6. Your Rights to Use the Services Subject to your compliance with these Terms, and any other policies we make available to you from time to time, we grant you a personal, worldwide, royalty-free, non- transferable, non-exclusive, revocable, non-sublicensable license to: (a) download, install and use the FistBump application on one or more mobile device(s) (e.g. cell phone or tablet), which natively executes an operating system supported by us, and that you own or control; and (b) access and use the Service(s) for your non-commercial use.
You agree that any software that we provide you, including the FistBump application, may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules. You consent to the installation of such software, including updates and upgrades (and authorize us to deliver such software to you) as part of your use of our Services. You may withdraw consent by ceasing to use the Services. You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. As well, you may not adapt, merge, make adaptations, translations or derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Services, except to the extent these restrictions are expressly prohibited by applicable law or to the extent permitted by an open source software license agreement applicable to the source code.
7. Rights You Give Us Some of our Services solicit information from you in connection with our surveys, polls, questionnaires or tasks (together, “ Surveys ”), and we collect your responses and results (“ Survey Responses ”). You grant us a non-exclusive, royalty-free and fully paid, irrevocable, worldwide license, with the right to grant sublicenses, to: (1) distribute, host, display, and otherwise publish the Survey Responses on an anonymised or de-identified basis, (2) analyse, research, consolidate, compile and/or aggregate the Survey Responses to sell to third parties on an anonymized or de-identified basis, and (3) use the Survey Responses for the purpose of operating our business, including researching and developing new products and services, including new Surveys, to offer to you and third parties.
The Services may contain advertisements. As a condition of your access or use of the Services, you agree that we and our affiliates and third party partners may place advertising on the FistBump application and associated Services, including in Surveys.. We’re always happy to hear from you but if you volunteer any feedback or suggestions about the app or the Services, you agree that you will not submit to us any feedback or suggestions that you consider to be confidential or proprietary and that we can use your feedback and suggestions in any manner we deem is appropriate without compensating you.
8. Privacy Your privacy matters to us. You can learn more about how we handle your information when you use our Services by reading our Privacy Policy . We encourage you to read it carefully because by using our Services you agree that we can collect, use and share your information in the ways described in that policy.
9. Limitations on Use You agree not to use the Services to: a. upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; b. collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers); c. disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack); d. attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining); e. interfere with another user’s use and enjoyment of the Services; or f. attempt to earn, spend or transfer Kin in a manner that is not intended by the app.
10. Your Account You are responsible for anything that happens in your FistBump account, including your tip wallet and (main) Kin wallet, therefore please keep it secure by keeping a strong password on your mobile device. Your FistBump app also requires password access, the safekeeping of which is paramount and your responsibility to keep secure. Also, you agree that you will not: 1. create another account if we’ve disabled one you had unless you have our written permission first; 2. buy, sell, rent or lease access to your FistBump account or username unless you have our written permission first; or 3. log in or try to log in to access the Services through unauthorized third party applications or clients. If you think someone has gained access to your account, please contact us at virtualbotgames@gmail.com
11. Data Charges You are responsible for any mobile charges when you use the Services including data charges for use or the Services or updates or upgrades of new versions of the Services. If you’re not sure what those charges may be, please ask your provider before using the Services.
12. Ownership We, or our affiliates and licensors as applicable, retain all ownership and intellectual property rights in and to: (1) the Services; and (2) all modifications, improvements, customizations, updates, enhancements, derivative works, translations and adaptations to the foregoing.
13. Copyright Our policy allows copyright owners to request removal of any infringing materials from our Application(s) and or services.
If you believe that FistBump or one of its products unlawfully infringes the copyright(s) in a work, and want to have the material removed, please provide the following information to virtualbotgames@gmail.com :
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our Services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
8. Please note that any misrepresentations in a written notification automatically subjects the complaining party to liability for any damages, costs and legal fees incurred by us in connection with having the written notification and allegation of copyright infringement legally assessed.
Google Play If the FistBump application is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms: 1. You acknowledge that Google is not responsible for providing support services for the FistBump application. 2. If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms was last updated is located at https ://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
Contact Us We welcome your comments, complaints, claims, questions and suggestions. Please send us feedback at virtualbotgames@gmail.com FistBump.
Privacy Policy Version 1.0: 24 June 2019
Your data and privacy is important to us here at FistBump. We created this policy to make sure you understand what data we collect about you, what we do with it, and how we protect your data when you use the FistBump application, including when you earn or redeem Kin currency, or visit and or use our website. INFORMATION WE COLLECT We collect information from you directly, when you use our Services, and from third parties. Information you give us directly. In connection with providing Services to you, we collect certain information from you directly, such as:
Registration information: when you sign up to use the app, you may provide us with basic contact information like your phone number and email address (we use this to enable us to reset your app passwords should you lose or forget them). This information is also associated with you transaction history on the FistBump server(s).
● Survey and Task Responses: when you respond to any surveys, polls, questionnaires or tasks (together, “ Surveys ”) that we offer, we collect your responses and results (“ Survey Responses ”). We also collect information about which Surveys you elect to complete and how you respond to the Survey, including how quickly you respond to the questions, and how long you take to complete a Survey. Survey responses/results are non-identifiable but may include information you have declared in the particular survey or previously to FistBump in another survey/question such as your age and gender. Other information may include geographic information derived from IP addresses.
● Survey and Task Preferences: We may also ask you about which Surveys you’d prefer to see from us, or from which companies.
Communications: when you reach out to us (through, for example, in-app reports made by you or emails sent by you to us), we collect and store the content and
details of that communication, including things like date, time, content and method of communication, identity verification information (if applicable) and resolution (if applicable).
Wallet Information: when you sign up to earn and spend Kin currency within the app, we collect information necessary to facilitate transactions involving Kin (such as the transaction value and the person with whom you are transacting; or if you’re transferring Kin to someone else, that person’s Kin Wallet information and details about the transfer), and create or connect your public wallet address.
Information we get when you use our Services. We collect certain information when you use our Services to, for example, earn, redeem or transfer Kin. Such information includes things like:
Log and data usage information: we collect and process a record of your activity on our servers. This information may include details such as the date and time a message was sent, your internet protocol (“IP”) address, and how you use third-party websites or services accessed through the app.
● Device information: we collect information from and about the device you use to access our Services, which may include information like your hardware model, operating system version, unique device identifiers, and mobile network information.
● Location information: based on your IP address, we may collect information about your geographical location (which may identify you as being in a particular city or state/province).
● When you choose to earn, spend or transfer Kin within the app, we collect and process a record of your transactions. Such information may include things like the date and time of a transaction, information identifying your account information and the account you are transacting with. Transaction information may also include your public wallet address, balance, transaction history, and blockchain transaction identifiers (such as the transaction hash), the public wallet address of payors and payees. You should be aware that when you earn and spend Kin, your blockchain transactions will be publicly visible to anyone who has access to the blockchain.
Cookie Information: we may collect information stored or recognized on your computer or mobile phone about things like your website activity and/or browser or device information through the use of cookies and similar technologies like web beacons.
● Local storage information: we may collect and/or store information such as photos or videos with an option to download locally on your device through things like browser web storage (including HTML5) and application data caches.
Information we get from Third Parties. We may collect information about you from other users, our partners, and third parties as more fully detailed below:
● Third party information: we may collect and process information about you from third-parties who offer services to you and/or us through the app, such as analytics companies who help us do things like understand what may have gone wrong in the app that caused your app to crash, or companies who offer services that you may choose to use. To the extent that you use any of these third-party services through the app, the third party’s terms and privacy policies govern the use of those services.
HOW WE USE INFORMATION We mostly use the information we collect about you to carry out the Services you have requested from us and to continuously improve your in-app experience, but we use the information in other ways too. Here is more detailed explanation of how we use your information:
● Provide, maintain, and protect your in-app experience and use of Services. We use information we collect about you to provide the Services you request from us and to provide the functionality of the app and the features you choose to use. For example, to allow you to earn, transfer and spend Kin.
● Personalize content. We use the information you provide to us to personalize content and make suggestions that are relevant to you, including providing advertisements which we believe will be of interest to you.
● Analyze usage to maintain features that are working well and improve and/or develop new features to enhance your in-app experience. We aim to continuously improve our offerings to bring you the best way to make meaningful connections. Accordingly, we are continuously analyzing how users access and use the app and its features in order to improve existing Services and develop new ones. Our analysis of how you use the app can help us do things like evaluate the popularity and functionality of certain features, identify and fix potential bugs, and understand what our users want. For example, your Kin transaction information helps us: (a) evaluate how quickly earning and spending Kin is being verified on the blockchain to ensure user satisfaction; and (b) understand what earning and spending experiences users prefer so we can give you more of what you want.
● Provide, maintain, and improve Kin Transactions. To make sure your intended Kin transactions are processed as intended, we use your information to, for example, carry out requested transactions, and to provide you with earn and spend opportunities.
● Communicate with you. The information we collect lets us keep you posted on our latest product announcements, software updates, upcoming events and any Surveys or earn and spend opportunities on the app if you haven’t been active for a while. If you indicated that you wished to receive special offers, and information about services that might be of interest to you, we may occasionally send you messages
regarding such offers. If you do not wish to continue to receive these offers, you can block, unsubscribe, or email us at virtualbotgames@gmail.com . Changes may require up to ten business days to take effect. (If it is an app related communication for transactions P2P, you must uninstall the app).
● Show and measure services. We may use information to improve our offerings and measurement systems so that we can show you relevant services that may be of interest to you and measure the effectiveness and reach of the services.
● Promote Safety and Security. We may use your information to verify identity, determine eligibility to use the Services, and recommend appropriate Services. We also use information for loss prevention, anti-fraud, and to enforce our Terms of Service.
● Provide Survey Responses to Third Parties: We may (1) distribute, host, display, and otherwise publish your Survey Responses on an anonymized or de-identified basis, (2) analyze, research, consolidate, compile and/or aggregate the Survey Responses to sell to third parties on an anonymized or de-identified basis, and (3) use the Survey Responses for the purpose of operating our business, including researching and developing new products and services to offer to you and third parties.
HOW WE SHARE INFORMATION We may share your information if you ask us to. For example, if you post content on social networking sites using the app, we provide your content as you’ve requested. You should note, however, that the information you choose to share on social networking sites is governed by the privacy policy of that social networking site and is not covered by this privacy policy; and you (not us) will be solely responsible for your use of those sites. Other than information you’ve asked us to share, we do not share, sell or transfer your personal information without your consent, except as described below: ● Third Party products and services. Certain features you use through FistBump application may be offered by third parties and would be typically marked as such. Those features may include things like Kin earn and spend offers, and Surveys. When you choose to use these third-party features, those third-parties (and other users of those third party services) may be able to see things like your Survey Responses, your public wallet address, and your approximate location. These third-parties may use this information as described in their privacy policies, which can include advertising. You agree that we are not responsible for how these third parties collect or use your information.
● We may, from time to time, share non-personal aggregated information with third parties.
● The Android Advertising ID may be used to provide purchase data and analytics or targeted advertising.
● Our service providers. We use third-party service providers to help operate our business. Examples include suppliers who host our data or provide customer service. Phone numbers linked to the kin wallet integrated into the kinny application or services that you provide for authentication will be sent and stored by Google to improve our spam and abuse prevention across Google services, including but not limited to Firebase. We require all service providers to maintain confidentiality. Use of your personal information by our service providers is further limited to the information they need to provide services on our behalf.
● Our related companies. In the future we may share some or all of your information with our affiliated companies, subsidiaries, or joint ventures, provided that they are subject to and conditioned upon strict adherence to this Privacy Policy.
● To protect FistBump and its users, or for legal purposes. We may disclose your information: (a) if we think it’s needed to detect, prevent or address illegal activity, or identify, contact or bring legal action against someone who appears to be causing injury to or interfering with our rights or property or users of the app; (b) as part of a legal matter or investigation, including an investigation related to a suspected breach of our Terms of Service; (c) when we believe that disclosure is required or permitted by law , including when responding to subpoenas, warrants, production orders, or similar instruments; or (d) if we believe that disclosure is needed to protect your safety or the safety of others, including when there is an emergency involving potential harm, loss of security or serious injury to people or threats of such emergencies.
● Merger, financing or sale. We may share your information in connection with a merger, financing, acquisition, dissolution transaction, bankruptcy or proceeding involving sale, transfer, divestiture of all or a portion of our business or assets. If another company acquires our business or assets, that company will have your information collected by us and will assume the rights and obligations regarding your information as allowed by this privacy policy.
HOW LONG WE KEEP YOUR INFORMATION We keep your personal information for different periods of time depending on why we collected it and how we use it, but we keep it only as long as necessary and relevant for us to provide the Services, maintain our legitimate business operations, and/or or meet our legal obligations. SEVERABILITY If any part of these Terms is found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
SECURITY OF YOUR INFORMATION We store, use, and maintain your personal information using reasonable security measures designed to protect the security of your personal information. Such measures vary depending on the nature of your information. It is important that you protect and maintain your account’s security by keeping your device secure, and immediately tell us of any unauthorized access or use of your account by emailing virtualbotgames@gmail.com Despite these efforts, you should know that we cannot fully eliminate security risks associated with online transmissions. We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, and we cannot guarantee the security of your information. You are responsible for helping to protect the security of your information by having a strong password on your device.
EUROPEAN USERS For citizens of the European Union, you should know that FistBump is a controller and a processor of your personal information. The legal bases for which we collect and use the information described above depends on what the information is and why we collected it. The four bases upon which we rely include:
● Contract. This means we need the information to perform our contract with you. For example, when you want to send a message, we use information to carry out your request to transmit that message to its intended recipient; and when you initiate a Kin transaction, we use information in order to make sure you are correctly credited or debited the Kin you’ve earned or spent.
● Legitimate Interests. This means we have a legitimate interest that does not outweigh your privacy rights. When we collect and process information based on our legitimate interests, we consider how we can accomplish what we need to in a way that is the least obtrusive on your privacy. For example, it is in our interest to protect your safety and security in the app, so we collect and use information that has been flagged by users or requested by law enforcement; to make sure you are satisfied with how the Services work, troubleshoot technical problems or develop new features, we collect and use information about how you and others use the Services; and to respond to your service inquiries, we collect and use information in that request and, if relevant to the inquiry, information about how you access and use the Services.
● Legal Obligation. We may need to use your personal information to comply with a law enforcement preservation request, subpoena, or other legal process or to protect the rights of other users.
● Consent. If we have no other legal basis for collecting or using your information, we will ask you for consent for a specific purpose. If we do, you have the right to withdraw consent at any time. Withdrawing your consent will not apply to any processing conducted in reliance on lawful processing bases other than consent.
EU Users’ Rights In addition to other rights detailed in the policy (such as requesting deletion, correction or updating of your personal information), EU citizens have certain rights regarding your personal information, including:
● Right to Object or Restrict Processing. You have the right to object to or restrict our use of your personal information for direct marketing purposes or under certain circumstances when the legal bases for using your information is based upon our legitimate interest. If you wish to object to our use of your information, you can send us a request to delete your account by emailing virtualbotgames@gmail.com
● Right to Erasure. FIstBump only obtains the minimum data to deliver you Kinny services, The data can be as non identifiable as you require it to be. You have the right to have your personal data erased and no longer processed in certain circumstances. You can send us a request to delete your account by emailing virtualbotgames@gmail.com Upon receiving the request, we will make a reasonable effort to delete your personal information from the app if applicable and from our internal network within a reasonable period of time as long as we are not obligated to preserve your information due to things like law enforcement preservation requests, subpoenas, investigations, litigation, or otherwise meet any of our other legal obligations including a clear attributable record of what could be regarded as financial transactions. We may also retain depersonalized information after deletion.
● Data Portability. You can exercise your right to export your personal data by emailing virtualbotgames@gmail.com
● File a Complaint. You have the right to complain to the data protection authority. To find contact details email virtualbotgames@gmail.com and we will endeavour to assist you.
CHILDREN Our Services are not intended for children under the age of 13 (or under 16 for children located in the European Union) (collectively, "Children"). Children are not permitted to use these Services, and we do not knowingly collect, use, store or disclose their personal information. If we learn that we have inadvertently collected personal information of Children, we will take reasonable measures to delete the information as soon as possible.
WHEN THIS POLICY APPLIES Our Privacy Policy applies to all of the Services offered by FistBump and its affiliates. It does not apply to services offered by other companies or individuals including the Kin Ecosystem Foundation, should you engage with other third parties in the course of using the Fisump application(s) then you will be bound by these third parties particular Terms of Service and Privacy Policy.
PRIVACY CONTACT If you have any questions, comments, complaints or suggestions, please contact us at: KaizenCode
315 S Coast Highway 101, U75, Encinitas CA 92024 Or email: virtualbotgames@gmail.com UPDATES TO THIS POLICY Be sure to check back often for the latest information on our privacy practices. When we update this Privacy Policy we will change the “Last Updated” date above. We may also notify you of changes to this policy through the app or by email.