Terms of Service
Last Updated December 19, 2018
Welcome to Tippic!
Thank you for signing up to use the Tippic mobile application (the “app”), and related products and services (together, we’ll call these the “Services”) of Kik US, Inc. (“us”, ”we” or “our”), and any of our affiliates with authorized links to this Agreement. The term ”you” or "user" refers to the natural person accessing or otherwise using our Services.
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.
BY CLICKING “SIGN UP” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING OUR SERVICES, INCLUDING DOWNLOADING THE APP, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THESE SERVICES.
WE WANTED TO LET YOU KNOW THAT THESE TERMS INCLUDE AN ARBITRATION 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 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. PLEASE READ SECTIONS 17 AND 18 CAREFULLY.
WE ALSO WANTED TO LET YOU KNOW THAT THE APP CONTAINS FEATURES AND FUNCTIONALITIES THAT MAY PROVIDE YOU WITH ACCESS TO OPPORTUNITIES TO EARN AND SPEND KIN.
YOU ACKNOWLEDGE AND AGREE THAT THESE FEATURES AND FUNCTIONALITIES ARE STILL UNDER DEVELOPMENT AND HAVE BEEN RELEASED TO YOU ON A TRIAL BASIS, AND 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.
The Services include a daily exhibition of one photo and/or picture ("Exhibit"). The Exhibit will be published via the Services for a period of 24 hours. A user will have the chance to either approve or disapprove an Exhibit by spending a Kin on the Exhibit.
You may sent us Exhibits to the following Address: firstname.lastname@example.org, for the purpose of publishing it on the app. It is our sole discretion whether to use and publish any Exhibit sent to us.
- 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 Services if your parent or guardian agrees to these Terms on your behalf.
- 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 app 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 Services for your non-commercial use.
You agree that any software that we provide you, including the app, 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 use the Services (and for the avoidance of doubt, including any Exhibit) for any other purpose, or in any other way except as provided to you under these Terms, including but not limited to, 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.
- Rights You Give Us
In the event that you send us an Exhibit, You grant us a non-exclusive, royalty-free and fully paid, irrevocable, worldwide license, to distribute, host, display, and otherwise publish the Exhibits.
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.
- Limitations on Use
You agree not to use the Services to:
- upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack);
- attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining);
- interfere with another user’s use and enjoyment of the Services; or
- attempt to earn, spend or transfer Kin in a manner that is not intended by the app.
- Your Account
In order to use the Services, you will need to open an account. Even if you already have an account in our other applications and/or services, you will still be required to open an account for this app. With time, you will be able to transfer Kin from your other of our applications to this app. We will provide you with a notice once this is possible. You are responsible for anything that happens in your account, including your wallet, so please keep it secure by keeping a strong password on your mobile device. You acknowledge that the app does not have a separate password, so it is important to keep you mobile device secure.
Also, you agree that you will not:
- create another account if we’ve disabled one you had unless you have our written permission first;
- buy, sell, rent or lease access to your account or username unless you have our written permission first; or
- 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 email@example.com.
- 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.
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.
- Offensive Content
While our Services encourage the receipt of Exhibits, please note that we have no tolerance for any Offensive Content (defined below) and we shall remove from the Services any user which is proved per the process below that such user submitted an Offensive Content.
You shall not provide any Exhibit which is (or which promotes) any material or content that is negative, damaging or disparaging to any third party, pornographic, obscene, excessively profane, racial, libellous, discriminatory, offensive, inflammatory or deceptive, promotes illegal drugs, gambling, or encourages conduct that would be considered a criminal offense or which rise to civil liability (“Offensive Content”). You hereby acknowledge and agree that Kin may at any time immediately remove any Offensive Content from the Services and terminate the user account associated with such Offensive Content.
In the event that you believe that any Exhibit published constitutes Offensive Content, please provide the following to our Offensive Content Officer:
(i) your physical or electronic signature;
(ii) identification of the Offensive Content and which you wish to remove;
(iii) sufficient information to permit us to locate such material;
(iv) your address, telephone number, and e-mail address; and
(v) a statement that the information in the notification is accurate.
Our Offensive Content Agent is:
Kik Interactive Inc.
420 Weber Street North, Suite I Waterloo, Ontario
N2L 4E7 Canada
WE WILL REMOVE ANY OFFENSIVE CONTENT WITHIN 24 HOURS FROM THE DATE OF RECEIPT THE ABOVE NOTICE AND SHALL DELETE THE USER ACCOUNT OF THE OWNER OF THE OFFENSIVE ACCOUNT.
Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.
If you believe that one of our users is using our Services to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to our Copyright Agent:
- (i) your physical or electronic signature;
- (ii) identification of the copyrighted work(s) that you claim to have been infringed;
- (iii) identification of the material on our Services that you claim is infringing and that you request us to remove;
- (iv) sufficient information to permit us to locate such material;
- (v) your address, telephone number, and e-mail address;
- (vi) 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
- (vii) 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.
Please note that any misrepresentations in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our Copyright Agent is:
Kik Interactive Inc.
420 Weber Street North, Suite I Waterloo, Ontario
N2L 4E7 Canada
- Kin; Kin Wallet; Kin Earn and Spend Opportunities
We and our affiliates facilitate your access to a decentralized blockchain ecosystem stewarded by us d/b/a Kin Ecosystem (the “Kin Ecosystem”, and such decentralized blockchain ecosystem, the “Ecosystem”) and use of the native token within the Kin Ecosystem (“Kin”). You can find out more about Kin and the Ecosystem at the following website: www.kinecosystem.org
You agree that: (a) you are using Kin at your own risk, on an as-is and where-is basis; (b) you will abide by any policies made available by the Ecosystem in respect of the Ecosystem; (c) we and our affiliates are not representing or warranting that Kin has any real monetary value; (d) we or our affiliates may discontinue the integration of Kin or the Ecosystem within the app at any time for any reason; and (e) we and our affiliates are not responsible for any Kin applications or opportunities developed by third parties.
(1) Kin Wallet. We make available wallet services within the app for you to store Kin. The wallet is accessible to any person that has access to your mobile device. Accordingly, you acknowledge and agree that it is your responsibility to maintain the safety and security of your mobile device, and that any person having access to your mobile device may be able to spend Kin that you have stored within your wallet.
(2) Irreversibility of Kin Transactions. You acknowledge that Kin transactions, including each time you spend or transfer Kin, are irreversible and that it is your sole responsibility to ensure you make each decision to spend or transfer Kin carefully.
- Third Party Services
If you use a service, feature or product, offered by a third party (including those we jointly offer with a third party) (all together the “Third Party Services”), that third party’s terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using a Third Party Service. We are not responsible or liable for the third party terms or content on Third Party Services or actions taken under the third party’s terms. We do not necessarily conduct a detailed review of and make no promises about the Third Party Services.
- Modifying the Services and Termination
We are always improving our Services and creating new ones. We may add or remove features, products or functionality, and we may also suspend or stop the Services at any time without notice.
We can also terminate this Agreement or deactivate your account if we think you’ve violated these Terms or for any reason.
We will not be liable to you for terminating this Agreement, including for termination of your account. No matter who ends this agreement, you and we will continue to be bound by Sections (Rights You Give to Us), (Privacy), (limitations on use), (Ownership), (Copyright), (Kin; Kin Wallet; Kin Earn and Spend Opportunities), (Third Party Services), (Modifying the Services and Termination), (Additional Terms for Specific Services), (Indemnity), (Disclaimers), (Limitation of Liability), (Choice of Law & Exclusive Venue), (Resolution of Disputes), (Severability), and (Final Terms).
- Additional Terms for Specific Services
Since we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services.
You Represent to us that you have secured and/or have all rights and consents necessary to provide us with an Exhibit and to use and/or publish it via the app.
You agree to defend, indemnify and hold harmless us, our directors, officers, employees, affiliates, agents and suppliers (“Kin Group”) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) brought by third parties resulting from or relating to: (i) your use of the Services; (ii) a breach of a third party's rights; or (iii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THESE TERMS (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND KIN GROUP (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, STABILITY, ACCURACY, OR NON INFRINGEMENT. KIN GROUP (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE KIN GROUP IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONDUCT ON ITS SERVICES.
You hereby irrevocably and unconditionally release and forever discharge the Kin Group from any and all claims, demands, and rights of action, whether now known or unknown, that relate to any interactions with, or acts or omission of, the Services and Kin Group. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THESE TERMS (INCLUDING THE FOLLOWING LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT WILL THE KIN GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, EVEN IF THE KIN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE KIN GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITES AND PRODUCTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID TO US IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT WILL THE KIN GROUP’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR DAMAGES DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Choice of Law & Exclusive Venue
Except as prohibited by applicable law, these Terms are governed by the laws of Ontario, Canada and the federal laws of Canada applicable therein, aside from its conflict of laws principles. Where the Terms allow claims to be resolved in Court, you agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario, Canada for the purpose of litigating all claims or disputes related to injunctions sought by us or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- Resolution of Disputes
- Mandatory Arbitration. Any dispute or claim between you and us relating to or arising out of the Services or the Terms (except for small claims court matters or the injunctive or other equitable relief mentioned in Section 16 above), will be referred to and determined exclusively through binding confidential arbitration conducted in Toronto, Ontario, Canada, unless you are a resident of the United States, in which case the arbitration will be held in a location within 100 miles of your residence, unless the parties agree otherwise.
The arbitration will be held on an individual basis, before a single arbitrator and in accordance with the applicable Ontario arbitration statute (the Arbitration Act, 1991, S.O. 1991, c.17, as amended, or the International Commercial Arbitration Act, R.S.O. 1990, c. I.9, as amended, or such other statute that may be enacted). The arbitration will not be open to the public or media and all evidence discovered or submitted is confidential and may not be publicly disclosed, except as needed to enforce an arbitral award.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. You and the Kin Group may also take claims to small claims court in Toronto, Ontario, Canada if the dispute qualifies for hearing by that court. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.
You and Kin Group also agree that: (i) you and Kin Group will each pay such portion of the costs of the arbitration (which consists of each party’s legal expenses, the fees and expenses of the arbitrator, and any other expenses related to the arbitration) as determined by the arbitrator; (ii) the arbitrator may, in making an award of costs, consider whether costs are prohibitive compared to litigating in a court, and may require Kin Group to pay a greater portion of the fees and expenses of the arbitrator, or the travel expenses of you or any witness, in which case Kin Group will pay as much of your arbitration costs as the arbitrator deems necessary to prevent such cost-prohibitiveness; (iii) the arbitrator will honor claims of privilege and privacy recognized at law; (iv) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (v) the arbitrator’s award will be final and non-appealable, but may be enforced in any court of competent jurisdiction.
- Jury Trial Waiver. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Class Action Waiver. THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
- Right to Opt Out. You have the right to opt out of this agreement to arbitrate by sending written notice of your decision to opt out, postmarked within 30 days of the date this Agreement, to the address listed in Section 8 (above). Your written notice must include the phone number you used to sign up with your account. If you send written notice, then the mandatory arbitration provisions in this Agreement will not apply to you or Kin Group. IF YOU DO NOT SEND THIS WRITTEN NOTICE, THEN YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISIONS IN THIS AGREEMENT.
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.
- Final Terms
All rights not granted to you are reserved by Kin Group and all intellectual property in the Services is owned or licensed by us.
These Terms are the final, complete and exclusive agreement between you and us and supersede all prior agreements between us. Except where prohibited by applicable law, we reserve the right to change these Terms at any time without notice. Your continued access to and use of the Services after changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.
If we don’t enforce a part of these Terms, it will not be considered a waiver. You can’t transfer your rights or obligations under this agreement without our consent. The word “including” means including without limitation. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.
If we need to contact you about these Terms, you: (1) agree to receive electronic messages from us; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing. We agree that these Terms and all related documents are in English.
- Apple App Store Additional License Terms
If the app is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
- The parties acknowledge these Terms are concluded between the parties, and not with Apple. The responsibility for the app and content thereof is governed by these Terms.
- Notwithstanding anything to the contrary hereunder, you may use the app only on an iPhone or iPod touch that you own or control.
- You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the app.
- In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.
- Any claim in connection with the app related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
- Any third party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
- You represent and warrant that you are not: (i) located in any 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; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
- Apple is a third party beneficiary to these Terms and may enforce these Terms against you.
- If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms was last updated is located at: https://www.apple.com/legal/macapps/dev/minterms/ ) or the App Store Terms of Service (the current version as of the date these Terms was last updated is located at: https://www.apple.com/legal/internet-services/itunes/vppbusiness/au/terms.html) the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
- Google Play
If the app 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:
- You acknowledge that Google is not responsible for providing support services for the app.
- 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 the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
We welcome your comments, complaints, claims, questions and suggestions. Please send us feedback at.
Kik US, Inc. is located at 161 Bowery Street, New York, New York, 10002, USA.
Last Updated December 19, 2018
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 provide us with basic contact information like your phone number.
- 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).
- Kin 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 general geographical location (which may identify you as being in a particular city or state/province), but we do not use GPS or similar methods to collect information about your precise location.
- Kin transaction information: 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.
- 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 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 firstname.lastname@example.org. Changes may require up to ten business days to take effect.
- 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
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 the app are offered by third parties and are 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.
- 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 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. For more information about how these service providers treat your personal information, contact us at the address below.
- To protect us and our 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.
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.
If you decide you no longer want an account with us, you can delete your account by submitting a request for deactivation by emailing email@example.com. Deactivating your account will permanently delete your account. Once your information has been deleted, you will not be able to restore that information later.
You can also request access, update or correct any inaccuracies by emailing . We may ask you for certain information in order to verify your identity.
You can control app notifications through your device’s settings.
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 firstname.lastname@example.org.
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.
For citizens of the European Union, you should know that Kin 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 this 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 email@example.com.
- Right to Erasure. You have the right to have your personal data erased and no longer processed. You can send us a request to delete your account by emailing firstname.lastname@example.org. Upon receiving the request, we will make a reasonable effort to delete your personal information from the app 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. We may also retain depersonalized information after deletion.
Data Portability. You can exercise your right to export your personal data by emailing email@example.com.
File a Complaint. You have the right to complain to the data protection authority located in your Member State. To find contact details, click by emailing firstname.lastname@example.org.
CALIFORNIA PRIVACY NOTICE
We do not respond to Do Not Track signals. More information on California Privacy Rights at https://www.kik.com/california-privacy-rights.
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.
We store information on servers located in the United States, Canada, and Israel, and may also store information on servers and equipment in other countries. Accordingly, when you use our Services, your personal information may be sent to the United States, Canada, Israel, and possibly other countries. Because of this, your personal information may be available to legal authorities under a lawful order made in that country; and the laws of those countries may be less strict regarding your personal information than the laws where you live.
Personal information collected in the EU may be transferred to, and stored at, a destination outside of the EU and processed by employees operating outside of the EU who work for us, one of our business partners, or service providers. When we transfer personal information across country borders, we will make sure there is a transfer mechanism in place to transfer the data in a manner consistent with that described this Policy.
WHEN THIS POLICY APPLIES
Our Policy applies to all of the Services offered by Kik US, Inc. and its affiliates. It does not apply to services offered by other companies or individuals. Our Policy does not apply to the Kin Ecosystem Foundation.
If you have any questions, comments, complaints or suggestions, please contact us at:
Kik US, Inc.
Attention: Privacy Office
420 Weber Street North, Suite I
Waterloo, Ontario N2L 4E7 Canada
UPDATES TO THIS POLICY
Be sure to check back often for the latest information on our privacy practices. When we update this 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.