Terms of Service
Last updated: 07 Feb 2024
These Terms of Service (“Terms”) apply to your access to and use of the Services (as defined in Section 1 below) provided by Fynbos Inc, a Delaware company (“Fynbos Inc, together with its affiliates and subsidiaries” or “we”). By clicking “I Accept” or by accessing or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17 and the provisions relating to future modification, termination and migration of our Services in Section 19. If you do not agree to these Terms, do not use our Services.
You and Company agree as follows:
1. Overview and Scope
Company has developed a digital wallet that is accessible through the Company’s website (the “Platform”). People who use the Services may license a unique wallet address, a URL, from the Company and associate it on the Platform with a third-party website URL, social media handle, payment account, email address, location data, text data, or other online data selected by the user (the “Associated Data”) in accordance with these Terms.
These Terms govern the services (the “Services”) that Company makes available to Platform users, including use or access to the Platform and other services provided by Company, the ability to license and associate a wallet address with Associated Data, resolve queries of a wallet address to the Associated Data, and obtain related services through the Platform. All references to Services in these Terms include wallet addresses unless otherwise specified.
You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (i) all references to “you” throughout these Terms will include that person or entity; (ii) you represent that you are authorised to accept these Terms on that person’s or entity’s behalf; and (iii) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
You may not access or use our Services if:
you have been suspended from using our Services;
under the applicable law of the jurisdiction(s) in which you reside or conduct business, you are prohibited from using the Services or do not have the requisite licenses or other governmental authorizations to use the Services;
you are located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country;
you are listed on any U.S. government list of prohibited or restricted parties; or
your use of the Services breaches any other agreement to which you are a party.
3. User Accounts and Account Security
You need to register for an account to access some or all of our Services, including to register a wallet address and associate your wallet with Associated Data. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You are responsible for the activities that occur in connection with your account and must maintain the security of your account. You are prohibited from sharing your password or other log-in credentials with any other person. Promptly notify us if you discover or suspect that someone has accessed your account without your permission.
We can terminate or suspend your account at any time at our discretion. We are not responsible for any loss or harm related to your inability to access or use the Services. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs.
You agree that your account is not transferable and that in the event of your death, incapacity or unavailability, we may terminate any rights to your account and wallet addresses.
4. Registering a wallet address
This Section 4 applies if you activate a wallet address as part of our Services.
To register and activate a wallet address, you need to successfully complete a Know Your Customer (KYC) process through your account. You agree to pay all fees due for a wallet address at the time you activate the address, according to Company’s current fee schedule.
Company may modify its fee schedule at any time, and modifications will be posted on the Platform and effective immediately with respect to future registrations without further notice. All registrations will be subject to these Terms, including the limited license set forth in Section 7, and will be non-refundable unless otherwise agreed.
Company may collect a fee and/or commission (each, a “Transaction Fee”) on the total value of any transaction you undertake with your wallet. The applicable Transaction Fee will be determined by Company from time to time in its sole discretion and, if applicable, will be communicated to wallet owners at least 30 days prior to going into effect.
Except as required by law, all purchases are final and non-refundable. No refunds, returns or exchanges will be permitted for any reason. ALL SALES ARE FINAL.
5. Associated Data
Our Services allow you and other users to associate a wallet with Associated Data through your account. Except for the license you grant below, you retain all rights in and to the Associated Data that you associate with your wallet, as between you and Company.
You grant Company and its subsidiaries and affiliates a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Associated Data and any name, username or likeness provided in connection with your Associated Data in all media formats and channels now known or later developed without compensation to you. When you associate or otherwise share your Associated Data on or through our Services, you understand that your Associated Data may be visible to others.
You may not associate or otherwise share any Associated Data that violates these Terms, that is confidential, or for which you do not have all the rights necessary to disclose and to grant us the license described above. In addition to the requirements in Section 6(b) below, you represent and warrant that your Associated Data, and our use of such Associated Data as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor Associated Data, we may delete or remove your Associated Data at any time and for any reason with or without notice.
6. Prohibited Conduct and Associated Data
You are solely responsible for your conduct while using or accessing our Services. While using or accessing our Services, you will not:
Violate any applicable law, contract, intellectual property right or other third-party right or commit a tort;
Use our Services or for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
Attempt to circumvent any content-limiting techniques we employ;
Use or attempt to use another user’s account unless authorized to do so by that user and Company;
Impersonate or post Associated Data on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Use our Services for benchmarking purposes or for the purpose of developing a competitive product;
Manipulate, or attempt to manipulate, our Services in any way;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct; or
Engage in any conduct that, in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Company or others to any harm or liability of any type.
You may not associate any Associated Data with your wallet that:
Is unlawfully provided, however, we neither review nor evaluate the content hosted by the third party websites (“Third Party Sites”) whose URLs you may associate with your wallet and assume no liability or responsibility for the content of such Third Party Sites;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Company or others to any harm or liability of any type.
Enforcement of this Section 6 is solely at Company's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
7. Ownership; Limited Licenses
The Services (which includes and any constituent part thereof including any wallet address, text, graphics, images, photographs, videos, illustrations and other content contained therein), are owned by Company or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.
Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non-sublicensable, non-transferable, revocable license to access and use our Services for your own personal, noncommercial use.
If you register a wallet address in accordance with Section 4, and subject to your compliance with these Terms, you are hereby granted a limited, exclusive, non-sublicensable, non-transferable, revocable license to access, copy, display, distribute and use the Services solely for the purpose of allowing third-parties to perform lookups of Associated Data associated to such wallet address via the Company’s application programming interface.
Without limiting the foregoing provisions in this Section 7, you will not, directly or indirectly: (i) modify or create derivative works of the Services in whole or in part; (ii) rent, lease, lend, sell, advertise, assign, encumber, or otherwise commercially use the Services; (iii) remove any proprietary notices from the Services; or (iv) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of the Company or any other person, or that violates any applicable law.
Any use of the Services other than as specifically authorized herein, without our prior written permission, is (i) strictly prohibited; (ii) will immediately terminate the license for Services in Section 7.2 or the license for a wallet address in Section 7.3, as applicable; and (iii) violate our intellectual property rights. If your wallet address license is terminated, you will immediately lose access to your wallet.
Fynbos Technologies LLC, the Fynbos mark and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Company or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Company’s sole discretion. You understand that Company may treat Feedback as nonconfidential.
10. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Company’s designated agent as follows by sending an email to [email protected].
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Company for certain costs and damages.
11. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Company, and our past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, actions, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Associated Data or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement, at Company's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Company Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Company does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Company attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of malware, viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this Section 13 may not apply to you.
14. Limitation of Liability
To the fullest extent permitted by applicable law, Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Company or the other Company Parties have been advised of the possibility of such damages.
The total liability of Company and the other Company Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid to the Company by you to use our Services.
The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to (a) disputes between you and other users of the Services; (b) disputes between you and third parties that view, access, use, host or otherwise interact with your wallet or Associated Data; and (c) the acts or omissions of third parties. You waive any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
17. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Company agree that any dispute arising out of or related to these Terms or our Services is personal to you and Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for (i) small claims disputes in which you or Company seeks to bring an individual action in small claims court located in the county of your billing address or (ii) disputes in which you or Company seeks injunctive or other equitable relief (x) to enforce this dispute resolution clause or (y) for the alleged infringement or misappropriation of intellectual property, including copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Company you agree to first contact Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Company by email at [email protected] or by certified mail addressed to Fynbos Inc, 447 Broadway, 2nd Floor Suite #2233, New York, 10013. The Notice must (I) include your name, residence address, email address, and telephone number; (II) describe the nature and basis of the Dispute; and (III) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Company cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in, Delaware unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 17, a “consumer” means a person using the Services for personal, family or household purposes. You and Company agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.The arbitrator, Company, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Company agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Company agree that the state or federal courts of the State of Delaware and the United States have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Company will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by sending a written notice to the Company by email at [email protected] or by certified mail addressed to Fynbos Inc, 447 Broadway, 2nd Floor Suite #2233, New York, 10013. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
18. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States, respectively.
19. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. If we discontinue providing all or portions of the Services, we will, where reasonably possible, give you advance notice.
20. Additional Terms and Amendments
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
The current version of the license terms for wallet addresses may be found at https://fynbos.app/legal and are hereby incorporated by reference. You acknowledge and agree that you have read and understand the License Terms and agree to be bound by its terms.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties, whether express or implied. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” You may not assign your rights and obligations under these Terms without our express written consent. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. Your access to or use of the Services does not create any form of partnership, joint venture or any other similar relationship between you and us. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.