User Terms of Service

Slyk App and Services

1. The Slyk App facilitates the loading and holding of value in a digital wallet (the “Slyk Wallet”) from an operator (the “Operator”). FSG runs the Slyk App for the Operator. These terms apply between you and FSG.
2. For the purposes of this Agreement, "Services" means the services provided by FSG as set out in clause 1.1 and the content which you may access through the Slyk App. The terms of this Agreement apply to the Slyk App (including any updates or supplements to them or either of them), and to the Services.
3. The Relationship Between You, Operator and Us. AS BETWEEN US AND OPERATOR, YOU AGREE THAT IT IS SOLELY OPERATOR’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT OPERATOR POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT YOUR USE OF SLYK SERVICES; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL OPERATION OF THE SERVICES; AND (C) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON THE SERVICES OR OPERATOR’S FAILURE TO FULFILL THESE OBLIGATIONS. FSG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS.

Registration and eligibility

1. In order to access the Services, you must register with us and create an account. During the registration we may collect one or more of the following: your name, phone number, email address, date of birth, physical address or your gender. See our privacy notice, clause 12, for details of how this information is used by us and disclosed to the Operator.
2. For security purposes, you must also set a password. You should keep your username and password confidential. Any use of the Slyk App or the Services using your mobile device or account details will be your responsibility. You can reset your password at any time from within the Slyk App.
3. The Services are not intended for users of under 18 years of age. We check your date of birth during the registration process and if you are under 18, you are not permitted to have an account or to receive the Services.
4. If you want to disable your account at any time, please contact us at support@slyk.io

Payment

1. In order to load value onto your Slyk Wallet and use Services of the Slyk App, you will need to provide payment card details or other supported methods of funding. You must have appropriate authority to use the payment card or other funding methods which you use the Slyk App.
2. Payment processing services are provided by a third party. The details you provide to us in the Slyk App are passed directly to the payment service provider and will be subject to its terms of use and privacy policy. By inputting payment card details, you are consenting to use of the payment card details by the payment services provider for the purpose of loading your Slyk Wallet. If you have any questions relating to these services please contact the relevant payment service provider.
3. FSG does not store any of your payment card details on its systems.
4. Payment transactions are between you and the Operator. While the Services facilitate the payment procedure, FSG does not receive your payment, store your payment card details and is not responsible for subsequent use of your card or the value held in your Slyk Wallet.

Your use of the Slyk App and Services

1. We grant you a non-exclusive, non-transferable licence to install and use a copy of the Slyk App on your iPhone or Android mobile device for the purpose of accessing and using the Services, in accordance with the other terms of this Agreement.
2. You may not:
   1. sub-license, assign or transfer your rights or obligations under this Agreement nor permit use of the Slyk App by any other person; nor
   2. access or use the Services using any interface other than that provided by the Slyk App.
3. You acknowledge that the Slyk App and the content of the Services are protected by copyright, database rights, trade marks and other intellectual property rights of us, the Operator and our other licensors, as applicable, and all rights not expressly granted to you are reserved to us and our licensors.
4. You may not use the Slyk App or the Services in any way incompatible with their intended purpose nor in any unlawful or unauthorised manner and, in particular, you may not:
   1. make any copy of the Slyk App (other than the permitted copy on your mobile device and a single back-up copy to the extent necessary to exercise your rights under this Agreement); nor
   2. modify, adapt, reverse engineer, decompile or disassemble, create derivative works of, publish, distribute or commercially exploit the Slyk App or any content or software element of the Services; nor
   3. remove any copyright or proprietary notices on the Slyk App or the content of the Services; nor
   4. export the Slyk App in breach of applicable export control or other laws relating to the export of technology and software; nor
   5. make any unlawful or unauthorised use of our (or our service providers’) equipment, networks, systems or software (including attempting to gain unauthorised access, introducing any computer virus or malware, or inhibiting their operation).

Duration and termination

1. This Agreement will remain in effect during the time that you use the Slyk App or the Services or have the Slyk App installed on any device.
2. We may withdraw the Services, remove your account and associated content and/or terminate or suspend your access to the Services at any time at our absolute discretion, including (without limitation) if you breach or we reasonably suspect that you are in breach of any term of this Agreement, if our relationship with the Operator terminates or changes, or if we cease to offer (or change the way in which we offer) the Slyk App or the Services. You will not be entitled to any compensation for such withdrawal, removal, termination or suspension.
3. Following termination or suspension of your access to the Services for any reason, we may retain your account details and other records relating to you for record keeping, analysis and statistical purposes.

Extent of the Services

Our Services are provided for your convenience, and are not intended to be relied upon by you. While we use reasonable efforts to provide effective Services, we cannot guarantee availability of the Services at all times nor the accuracy or appropriateness of information.

Social media and other third party services

1. For your convenience, the Services may include an interface to social media network (e.g. Facebook, Google+, etc) in order to register more quickly. We are not affiliated with any social media network and are not responsible for the operation or content of their apps, websites or services. We will not post directly to your ‘wall’ or ‘feed’ and we will not contact your 'friends' or those within your network. You do not need to use a social media network to register with us.
2. The Slyk App and the Services may contain links to websites provided by third parties, and we are not responsible for the availability, accuracy or content of third party websites.

Content provided by you

1. You agree that you:
   1. have provided and will provide accurate and complete information in your registration and account, and will update such information as appropriate; and
   2. will not upload or transmit to our (or our service providers’) systems or otherwise provide to us any unlawful content (including any content which is defamatory, obscene or abusive, or in breach of or an infringement of intellectual property or privacy rights, or any data protection or confidentiality obligations).
2. You should not rely on our Services for storage or maintenance of information and, in particular, should create your own records of use of the Services and receipts as needed. We may, at any time at our absolute discretion review and remove any content from the Services or request that you re-register or set up a new account for your continued use of the Slyk App and Services.

Access to the Services

Access to the Services relies on you being able to receive data over the internet via Wifi or a mobile data connection, using your mobile device and the Slyk App. While we do not make charges for your use of the Slyk App, you are responsible for making all arrangements and payments necessary for you to access the Services using the Slyk App, including internet and network connections, an appropriate iPhone or Android mobile device, and any additional software or hardware required. We are not responsible for the availability of the internet or any communications network nor any errors in or damage to connections, equipment or software that may occur in relation to your use of the Slyk App or the Services.

Limitations of liability

1. Nothing in this Agreement shall exclude or limit our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence or other liability which cannot be lawfully excluded or limited.
2. Except as may be expressly set out in this Agreement, all conditions, representations and warranties relating to the Slyk App and the Services are excluded to the maximum extent permitted by law.
3. We shall not be liable for any defects or errors in the Slyk App or the Services, nor interruptions in or unavailability of the Services, nor any breach of any obligations due to a cause beyond our reasonable control.
4. IN NO EVENT WILL WE HAVE ANY LIABILITY TO FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS FIFTY DOLLARS ($50) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
5. As the Slyk App is provided free of charge, you agree the exclusions and limitations of liability set out in this Agreement are reasonable.

Changes

1. We may make changes to the Services, this Agreement or the terms on which you may use the Slyk App or the Services at any time at our absolute discretion. Depending upon the changes we may require you to read and accept a new agreement for you to continue to use the Slyk App and the Services.
2. If reasonably requested by us from time to time (by means of a notice within the Services, on our website, within the relevant application store or otherwise), you agree to install and use an upgraded version of the Slyk App in place of your current version, or to uninstall the Slyk App if we cease to offer it and the Services to the public. All upgrades to the Slyk App will fall within the definitions of “Slyk App” under this Agreement.

Privacy notice

1. We use personal data collected from you in order to provide Services to you on behalf of the Operator.
2. In addition, we may collate data and anonymize it relating to your use of the Slyk App and the Services provided to the Operator. We may combine this data with your registration information, and other information from your social media profile (if you use these credentials to log in). This data may be used by us and disclosed to the Operator for analysis and statistical purposes, but this data will not be able to identify you personally.
3. Subject to obtaining your consent, we and or the Operator may also use information we collect to send to you marketing communications through the Slyk App by push notifications or email.
4. You may exercise your rights to update personal information, change consents and/or request that your personal information be deleted permanently through Slyk account controls. Alternatively, you may contact us in the following manner:
   

   By post: Rua Dr. Justino Cruz 90, 8th floor, 4700-314 Braga, Portugal;
   or
   By email: support@slyk.io

General

1. All provisions of this Agreement which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property restrictions and on-going use of your data.
2. Termination of this Agreement or the Services shall not affect accrued rights and liabilities of you or us up to the date of termination.
3. No provision of this Agreement is intended to be enforceable by any person other than you and us.
4. We may, without your consent, sub-contract provision of the Slyk App and the Services or sub-license our rights under this Agreement or our third party service providers.
5. We may, without your consent, assign or transfer any or all of our rights and obligations under this Agreement to any successor in title of all or part of the Slyk App, the Services, or intellectual property or other rights or obligations subsisting in relation to the same.
6. Failure or delay by us to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
7. The terms of this Agreement constitute the entire agreement between you and us with respect to the subject matter and supersede any and all prior agreements, negotiations and discussions relating to the same.
8. If any provision of this Agreement is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.
9. Each Party shall have the right to have any dispute arising between the parties pursuant to or related to this Agreement be settled by means of arbitration. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of the requirement to arbitrate is void or voidable. Arbitration must proceed only with and under this arbitration clause and the applicable International Chamber of Commerce’s (ICC) Rules, but the rules in this arbitration clause will be followed if there is disagreement between them and ICC’s procedures. If ICC's rules or procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of ICC’s rules and procedures, to file a claim or for other information, please see http://www.iccwbo.org. If ICC is completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute arbitrator. Unless you and FSG otherwise agree, the arbitration will be conducted San Francisco, California, USA. Subject to the ICC Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
10. This Agreement is governed by the laws of Delaware, and the courts of California shall have jurisdiction to hear any disputes arising in connection with it.