Last updated: 07 Feb 2024
If you have registered and activated a Fynbos wallet (as defined herein), Fynbos Inc (”Fynbos”) grants you a license to use the wallet addresses associated with that wallet in accordance with the following terms (the “Terms”). Please note that your license solely applies to the wallet address URL as specified by you at the time the wallet address was activated and does not confer any rights to use any future wallet addresses Fynbos may activate nor any third party wallet addresses or URLs which are not owned by Fynbos.
Here’s a summary of how, in general terms, you may and may not use your wallet address:
You may use your wallet address on your social media pages and in your social media handles.
You may print your wallet address on merchandise for commercial sale.
You may create a brand around your wallet address.
You may display your wallet address in images, videos, or animations.
You may use your wallet to advertise your business.
You may use your wallet in a political campaign.
You may auction your wallet address for charity.
You may incorporate your wallet address into derivative works.
You may NOT transfer your wallet address to a different wallet.
You may NOT change or modify the URL comprising your wallet address.
You may NOT use someone else’s wallet address.
Your right to use a wallet address terminates if you violate these Terms.
Please read the following Terms carefully as they set out the above as well as other contractual terms which will be binding on you:
Fynbos hereby grants to each wallet address holder (”Holder”) a license to the wallet address activated by such Holder, upon the following terms and conditions and the other provisions of these Terms:
The license is perpetual, non-exclusive, royalty-free, and world-wide.
For any Holder, the license to use a wallet address or any derivative work from a wallet address commences when such Holder activates the wallet address and terminates automatically when such Holder violates any of these Terms or at the express discretion of Fynbos.
Each Holder may copy, display, distribute, and create derivative works of the wallet address for any commercial or non-commercial use (the “Personal Use Right”). The Holder agrees that the Personal Use Right is to use a whole and entire address, and not any part thereof or form of display which would obscure or diminish any individual part of a wallet address such that the wallet address resembles a different wallet.
Each Holder may use his or her wallet or wallet address without attribution to Fynbos.
The Holder may not, transfer, or assign any of its right, title, and interest in and to its license to use a given wallet address.
The Holder may not delegate, sublicense, temporarily assign, mortgage, charge, or pledge the Holder’s Personal Use Right.
Except as otherwise provided herein, the Personal Use Right does not grant any rights to use the word “Fynbos” or the Fynbos corporate logo or any trademark of Fynbos Inc in connection with the use of any wallet.
Fynbos retains exclusive interest in and ownership of its intellectual property, including without limitation all patents, copyrights, trademarks (together with the goodwill symbolized thereby), trade secrets, know-how, and other confidential or proprietary information, and other intellectual property rights (collectively “Intellectual Property Rights”). Each Holder acknowledges and agrees that Fynbos’s Intellectual Property Rights subsist in, and Fynbos retains all Intellectual Property Rights in, each and any wallet address, part thereof or combination thereof.
Except for the grant of the Personal Use Right in accordance with these Terms, nothing in these Terms functions to assign or transfer, nor creates any right in favor of any person to use, any of Fynbos’s Intellectual Property Rights.
Each Holder will not, and agrees not to cause or allow any other person to:
use the wallet address in any way that exceeds the scope of the Holder’s license to the wallet address;
use the wallet or wallet address with material that violates any third-party rights, or otherwise take any action in connection with the wallet that infringes the intellectual property or other rights of any person or entity;
register or apply to register, object to the registration of, seek to cancel, or otherwise claim or assert rights in, a trademark, design mark, service mark, sound mark, or tradename (“Mark”), that uses any Third Party wallet address; claim or enforce ownership rights in any Third Party wallet address; or make any attempt to prevent any third party from using any Third Party wallet address, regardless of the degree of similarity between the Holder’s Mark and the Third Party wallet address or any other legal rights the Holder may have in relation to the use of a Third Party wallet address, whether at common law, equity, statute, or otherwise. “Third Party wallet address” means any wallet address, part thereof or combination thereof, in whole or in part, which a Holder does not have a license to use. This Section shall survive any termination of these Terms;
use the wallet address in a manner that is tortious, defamatory, in association with any unlawful goods or service, or in any way that violates any applicable laws, rules, or regulations;
remove, obscure or alter any proprietary notices associated with the wallet address, or give any express or implied misrepresentation that the Holder or another third party are Fynbos or the holder of the copyright or other applicable intellectual property rights in any wallet address;
use the wallet address other than for the benefit of the Holder;
use or exploit the wallet address in any manner other than as expressly permitted in these Terms;
modify the wallet address or any part thereof.
For the avoidance of doubt, in order to use wallet addresses for a purpose not authorized by these Terms, the Holder must first (1) obtain a license directly from Fynbos; and (2) secure additional permissions as necessary. Fynbos shall be under no obligation to grant or negotiate or offer such additional license and may either grant or withhold such license in its sole and absolute discretion.
Indemnification Obligations. Without limiting the obligations in these Terms, each Holder agrees to indemnify, hold harmless, compensate and reimburse Fynbos and its respective subsidiaries, affiliates, officers, agents, employees, partners, and licensors from or for any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to Holder’s use of the wallet address or Holder’s violation of these Terms.
Injunctive Relief. Notwithstanding anything else in these Terms, Holder hereby agrees that, in the event of Holder’s or any third party’s unauthorized access to, or use of, the wallet address in violation of these Terms, Fynbos shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, without providing notice or opportunity to cure.
Amendments. Fynbos may make changes to these Terms from time to time. If Fynbos makes changes, we may 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 state otherwise, 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.
Part of Terms of Service. These License Terms form part of the Fynbos Terms of Service which may be found at fynbos.app/legal and the terms of the Fynbos Terms of Service are expressly incorporated herein by reference.