1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply products or services to you, whether these are services or any form of digital content made available for the purposes of using FKD tokens.
1.2. What these terms do not cover. These terms and conditions do not cover:
1.2.1. FKD tokens themselves or their use other than in connection with the Services and the Digital Content; or
1.2.2. Your use of the www.FaceKindle.io website (including the services and/or tools made available through it, including the offline wallet generator).
1.3. Why you should read them. Please read these terms carefully before you use any Services or Digital Content. These terms tell you who we are, how the Services or the Digital Content will be made available to you, how you and we may change or end the contract, and other important information.
2. Information about FKD
2.1. What is FKD? FaceKindle, a social media platform has created its own bespoke cryptocurrency called “FKD”:
2.1.1. FKD is a type of crypto asset, a cryptographically stored representation of value that uses distributed ledger technology and which can be transferred, stored, or traded electronically.
2.1.2. More specifically, FKD is an exchange token: it is not issued or backed by any central authority and is intended to function as a method of payment or making a charitable donation.
2.1.3. FKD tokens do not provide their holders with particular interests in any business, nor do they provide rights such as asset ownership, repayment of a specific sum of money, or entitlement to a share in future profits.
2.1.4. Other than insofar as they can be used as a means of exchange or making a charitable donation, FKD tokens are not redeemable for access to any specific goods or services.
2.1.5. FKD tokens do not represent tangible or physical assets that exist outside of the FKD blockchain.
3. By using the Services or the Digital Content you accept these terms
3.1. By using the Services or the Digital Content, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use the Services or the Digital Content.
3.2. You accept and acknowledge that where additional functionality is made available to you through the FKD wallet (for example the purchase of third-party goods, services, or digital content) additional terms and/or charges shall also apply, including terms required by third-party providers or their agents. It is a condition of your use of such functionality that you read and accept such third party terms and/or charges and you acknowledge that we have no liability to you in respect of such third party goods, services, or digital content which are only made available to you through the FKD wallet for convenience.
4. Anti-money-laundering and terrorist financing
4.1. Pursuant to our obligations under global anti-money laundering and counter-terrorist financing legislation, we are required to undertake due diligence, source of funds, and “know your client” checks on users of the Services and the Digital Content. We may use third-party providers to assist us with these due diligence checks.
4.2. We will employ various levels of due diligence as may be required by legislation in force from time to time and based on the jurisdiction in which you access the Services and the Digital Content and on the value of FKD you propose to hold or transfer.
4.3. The limits which affect the levels of due diligence that must be performed are set out in the table below. Tier 1, Tier 2, and Tier 3 relate to the levels of due diligence and the types of information FKD compliance may request from you, with Tier 1 requiring only basic information (such as email address and telephone number) and Tier 3 requiring full due diligence. The values of Balance Limit A, Balance Limit B, and Balance Limit C, and the types of information FaceKindle require from you in respect of Tier 1, Tier 2, and Tier 3 can be found on the website. We may amend this table from time to time and we will notify you when we do.
4.4. If you wish to access certain functionality within the Services, and/or the Digital Content or our network, or where the FKD balance held in your FKD Online Wallet or Offline Wallets falls within the limits in the table set out in clause 4.3, FaceKindle may require additional disclosures of information from you. The information FaceKindle request may include personal information, including, but not limited to, your name, postal address, e-mail address, telephone number, date of birth, country of origin, tax identification number, government issues identification number, and bank account information and in certain circumstances proof of source of funds.
4.5. You must comply with FaceKindle due diligence requirements in order to continue using the Services and the Digital Content. If you fail to do so we may withdraw or suspend your right to use the Services or the Digital Content without further liability to you.
5. High-risk countries
If it appears that you are accessing or attempting to access the Services and Digital Content from a country that is, from time to time, designated as a “high-risk third country” by the European Commission or as a “high risk and other monitored jurisdiction” by the Financial Action Task Force (FATF), we may temporarily or permanently withdraw your right to use the Services and Digital Content (or any part of them) without liability to you.
6. FKD and blockchain technology
6.1. FKD is a type of crypto asset, more particularly described in clause 2.1 above
6.2. The FKD blockchain is a public ledger of transactions and when you transact with third parties using FKD (or otherwise transfer FKD), users of the FKD blockchain independently verify the validity of your transactions. In doing so the data relating to your transactions, including your public key, is shared with each user of the FKD blockchain.
6.3. We do not control the ongoing state of FKD’s blockchain as this is determined by the transactions made between users. The processing of these transactions may be facilitated using the Services and/or the Digital Content, however, we are in no way a party to or responsible for any such transactions.
6.4. The FKD-Network (or any member of it) does not store, sell, send or receive FKD on behalf of users. The Services facilitate the sending and receiving of FKD between users. The FKD-Network is not responsible (and shall have no liability to you) for issues including (but not limited to) slow network speeds and technical errors within the operation of the FKD blockchain or any node run or maintained by FKD users.
7. FKD transactions
7.1. Due to the nature of the FKD blockchain, FKD transactions cannot be reversed or canceled. We will not be responsible for any loss or damage suffered by you for transactions executed by you or any third party including (but not limited to):
7.1.1. sending FKD to the incorrect recipient;
7.1.2. sending a recipient the incorrect amount of FKD in respect of any transaction;
7.1.3. failing to include a payment ID with a transaction;
7.1.4. the time is taken to transmit or receive FKD (because the speed and operation of the network is outside of our control); or
7.1.5. any other error.
7.2. Where you avail yourself of additional functionality as set out in 3.2 above, for example, the purchase of third party goods, services or digital content, you irrevocably instruct us to send and receive transfers of FKD through your FKD Online Wallet on your behalf for the purposes of meeting your obligations under those transactions and you acknowledge and accept that we have no liability to you in respect of such transactions (including without limitation where you suffer loss or damage as a result of any act or omission by a third party agent and/or provider of goods, services or digital content) and that you are primarily responsible for any additional terms and/or charges imposed by such third-party agents and/or providers of goods, services or digital content and you shall hold us harmless in respect of the same.
8. Transaction (TX) Fees
8.1. Please note that FaceKindle may apply the TX Fees set out below to any transfer (including the import of FKD from any offline wallet to any FKD Online Wallet) of FKD, regardless of whether:
8.1.1. the wallet was developed by us;
8.1.2. whether the wallet is an online wallet, an offline wallet, or any other type of wallet; or
8.1.3. whether the sending and receiving wallets are controlled by the same or different users.
8.2. Each transfer of FKD is subject to a TX Fee which is set at a minimum of 0.0004 FKD (“Minimum TX Fee”). The TX fee is based on many factors including the number of blockchain inputs, speed of desired TX on the FKD blockchain, and the number of splits required to create a TX of the required size.
8.3. To cover the TX Fee, FaceKindle will deduct an “Automatic Handling Fee” from the sending user’s wallet when the sender initiates a transfer. FKD-CWP will then refund any unused part of the Automatic Handling Fee once it has calculated the TX Fee and the receiving user confirms that it has received the transferred FKD.
8.4. The Automatic Handling Fee is currently 2 FKD. FaceKindle may change the Minimum TX Fee or the Automatic Handling Fee at any time and will communicate changes to users via the FaceKindle website before doing so.
8.5. Transfers of FKD will be subject to the sending user having sufficient funds in their wallet to meet the Automatic Handling Fee in addition to the amount of FKD you wish to transfer.
9. Minimum withdrawal limit
Although some cryptocurrency exchanges may support trading prices up to 6 decimal places, the Services and the Digital Content do not permit you to withdraw or transfer less than 0.01 FKD in any single transaction. This is subject also to the Automatic Handling Fee and Minimum TX Fee set out in clause 8.
10. Swapping System
10.1. “Swapping System” is a payment mechanism through the FKD wallet which enables you to CONVERT BTC/BNB/USDT/TRON/ ETH to FKD via its instant swapping mechanism. Once Swapping is done FKD will be deposited via blockchain and you will be notified instantly that the transfer has been done successfully via email. The Instant Swapping System can only be used between FKD Online Wallets developed by FaceKindle and operated by FKD-CWP.
10.2. To use an Instant swapping Payment system, the intended recipient of the FKD must use the FKD web wallet.
10.2.1. The FKD price will be the current trade price on Fatbtc exchange;
10.2.2. the amount of FKD to be converted will be locked meaning the sender will be unable to reverse or cancel the swap after accepting the price; and
10.2.3. the sending of the FKD can be initiated.
10.3. If the sender does not have sufficient BTC/BNB/USDT/TRON/ETH in their FKD Online Wallet (see clause 8), the Instant swapping will fail.
10.4. The Instant swapping System does not facilitate the instant transfer of FKD. Instead, it is an irrevocable notification that the transaction will ultimately be submitted to the blockchain.
10.5. We have no liability to the User or the recipient using the Instant swapping functionality.
10.6. Each Instant swapping is subject to the payment of a transfer fee in addition to the fees set out in clause 8 above.
11. Trading considerations
11.1. FKD is traded on cryptocurrency exchanges worldwide. We do not trade FKD; FaceKindle makes tools available by which FKD may be sent and received between users.
11.2. There are many factors that you should consider before trading FKD, for example, the prospects of price fluctuation, risk to your capital, and market illiquidity. Past performance is not an indication of future performance and the value of FKD may go down as well as up.
11.3. Your use of FKD on cryptocurrency exchange will be subject to that exchange’s terms of service, which is out of our control.
11.4. Although FKD is listed on several cryptocurrency exchanges, we are in no way affiliated with any exchange.
11.5. We shall be in no way liable for any loss or damage you may incur as a result of your use of cryptocurrency exchanges or engaging in trading FKD.
12. Regulatory status
12.1. FKD is not an investment product or other type of financial instrument which is currently directly regulated under English law (which is a jurisdiction we have chosen due to the global nature of our business) by bodies such as the Financial Conduct Authority.
12.2. FKD itself does not carry out (nor has it ever carried out) any financial services activity currently directly regulated in England by bodies such as the Financial Conduct Authority.
12.3. Users of FKD tokens or the Services and/or the Digital Content do not benefit from protections such as the Financial Services Compensation Scheme or the Financial Ombudsman Service.
12.4. Whilst the activities of each member of the FKD-Network are compliant with the legal obligations for the respective jurisdiction in which that member is based, we do not warrant, represent or guarantee that your use of FKD tokens, the Services, and/or the Digital Content is legal, appropriate for use or available in your territory. You are responsible for ascertaining and monitoring the legal status of FKD tokens, the Services, and/or the Digital Content in your territory and you do this at your own risk.
13.1. We make no representation as to the tax status of your use of FKD or the Services or the Digital Content.
13.2. You are solely responsible for determining your tax liability in relation to your use or transfer of FKD or the Services and the Digital Content and must take your own tax and other professional advice in your territory.
14. Information provided by us
14.1. The information provided by us (other than specific technical information) is:
14.1.1. provided in good faith and for general information only. Whilst we take reasonable steps to ensure that it is correct, but we cannot guarantee that it is the most up-to-date information at all times; and
14.1.2. not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any information generally provided by us.
15. User restrictions.
The Services and the Digital Content are directed at users aged 14 or older only. Where we have reason to believe you are under the age of 14, we reserve the right to take any of the actions described in clause 31 below.
16. You must keep your account details safe
16.1. When you use the FKD Online Wallet, you will be asked to provide a password and secret key. You must keep your password, secret key, and all other information provided as part of our security procedures safe and confidential. You must not disclose this information to any third party.
16.2. You must use a unique password and pin number which you do not use for any other service, product, or digital content.
16.3. You are responsible for ensuring and maintaining the security of any device on which you use or access the Services or the Digital Content.
16.4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at https://support.facekindle.io
17. Your wallet ID
For security and technical operational purposes, we may in exceptional circumstances need to change your wallet ID. Where we need to do so we will provide you with reasonable notice and you agree to provide us with all reasonable information and assistance in making such changes.
18. Unsolicited transfers to us
18.1. Where unsolicited transfers of FKD or any other cryptocurrency are made to any online wallet or wallet owned or operated by us, we are under no obligation or duty to return such FKD or other cryptocurrency and such funds may be retained, suspended, or isolated in some other way at our discretion, pending investigation and/or the resolution of the underlying reasons for that unsolicited transfer.
18.2. Where we have reason to believe that an unsolicited transfer of cryptocurrency may involve an attempt to conduct unlawful activities, we will report such transfers to the relevant legal, regulatory, or enforcement authorities. We will co-operate with those authorities during any subsequent investigation or prosecution.
19. Private key and wallet security
19.1. FKD can be stored in FKD Online Wallets, offline wallets, and in other types of wallets not developed or provided by us. You can access your FKD Online Wallet via the facekindle.io website.
19.2.1. must keep your private keys safe at all times and must not disclose or transfer (or permit to be disclosed or transferred) such keys to any third party than in the course of transferring FKD into an FKD Online Wallet;
19.3. FKD company keep the private keys for your FKD Online Wallet. FKD endeavors to make all reasonable efforts to maintain the security of your FKD Online Wallet private keys by taking precautions including (but not limited to):
19.3.1. encryption of your private spend key within our database;
19.3.2. encryption of the file system on which your encrypted private keys’ access codes are stored; and
19.3.3. firewalling of the access to the encrypted file storage in which your encrypted private keys’ access codes are stored.
19.4. FaceKindle cannot warrant, represent or guarantee the security of your FKD Online Wallet or use of the FKD App. If any third party gains access to your private keys, your FKD may never be recovered.
19.5. You must comply with the 'Best Practice' guidance set out on our website (as amended from time to time).
20. KYC and AML verification
20.1. In order to use the FKD Online Wallet, you may be required to submit self-taken images. This is a method by which we verify that you are not a bot and to comply with the KYC (Know Your Client) and AML (Anti Money Laundering) checks that are carried out by FaceKidle compliance.
20.2. If you are required to submit Selfies to us, you must not send any image or other materials which we deem to be contrary to these terms and conditions (“Non-Compliant Materials”). Non-Compliant Materials includes (without limitation) images which:
20.2.1. Contain nudity;
20.2.2. Include or contain sexually explicit material;
20.2.3. Include, contain or promote violence or sexual misconduct;
20.2.4. Include, contain, or promote content which could reasonably be considered threatening to others (whether to us, our staff, or any third party);
20.2.5. Include or contain an individual who you know or reasonably suspect to be below the age of 14; or
20.2.6. Include, contain or promote content that is otherwise illegal or discriminatory.
20.3. If you do submit any Non-Compliant Materials to us, we may take such action as we deem appropriate as further detailed in clause 31.
20.4. Any Selfies submitted to us will be used in accordance with our Privacy and Cookies Policy.
20.5. We may provide further guidance on the submission of self-taken images from time to time and you must comply with this guidance. Please visit https://electroneum.com/ for more information.
21. System requirements
21.1. You are responsible for ensuring that your phone/device meets the minimum operating requirements for the Digital Content. Please refer to the Best Practice guidance set out on our website.
22. Prohibited uses
22.1. You must use the Services and the Digital Content only for lawful purposes. You must not use the Services or the Digital Content:
22.1.1. In any way that breaches any applicable local, national, or international law or regulation.
22.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
22.1.3. For the purpose of harming or attempting to harm anyone in any way.
22.1.4. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
22.1.5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
22.1.6. To attempt to multiple spend FKD (or FKD greater than the balance in your FKD Online Wallet) or any other cryptocurrency.
22.1.7. Otherwise than in accordance with generally accepted cryptocurrency industry good practice.
22.2. You also agree not to access without authority, interfere with, damage, or disrupt:
22.2.1. any equipment or network on which the Services or the Digital Content are stored or installed;
22.2.2. any software used in the provision of the Services or the Digital Content; or
22.2.3. any equipment or network or software owned or used by any third party.
22.3. Where your use of the Services and the Digital Content is unlawful we will report such activities to the relevant legal, regulatory, or enforcement authorities. We will co-operate with those authorities during any subsequent investigation or prosecution.
23. Intellectual Property Rights
23.1. In this clause, “Intellectual Property Rights” means all patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill, and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
23.2. You acknowledge that all Intellectual Property Rights in the Services and the Digital Content, supplementary software code or updates to it belong and shall belong to Belgravia, and you shall have no rights in or to the Services and the Digital Content other than the right to use them in accordance with these terms.
24. Term and termination
24.1. These terms (as updated from time to time) apply for as long as you use the Services or the Digital Content.
24.2.1. Immediate, temporary, or permanent withdrawal of your right to use the Services and the Digital Content (or any part of them).
24.2.2. Issue of a warning to you.
24.2.3. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
24.2.4. Further legal action against you.
24.2.5. Disclosure of such information to law enforcement, regulatory or other authorities as we reasonably feel is necessary or as required by law.
24.3. We may also take the actions outlined in clause 29.2 above:
24.3.1. pursuant to any ruling, order, or instruction from any relevant legal, regulatory, or other enforcement authority; or
24.3.2. following any change in the laws or regulations in your territory which renders the supply of Services or the Digital Content to you unlawful.
24.4. We may suspend your FKD Online Wallet:
24.4.1. pursuant to any ruling, order, or instruction from any relevant legal, regulatory, or other enforcement authority
24.4.2. if you are located in a country which is designated from time to time as a “high-risk third country” by the European Commission or as a “high risk and other monitored jurisdiction” by the Financial Action Task Force (FATF);
24.4.3. if you are identified on the HM Treasury Financial Sanctions Consolidated List (as amended or updated from time to time);
24.4.4. if we reasonably consider you to be a Politically Exposed Person as defined by financial enforcement authorities;
24.4.5. if you fail to disclose mandatory information which we require to perform due diligence checks on you in accordance with our obligations under applicable anti-money laundering legislation;
24.4.6. following any change in the laws or regulations in your territory which renders the supply of Services or the Digital Content to you unlawful; or
24.4.7. as otherwise required by law.
24.5. On termination of your access to the Services and the Digital Content (whether at your discretion or pursuant to these terms and conditions or otherwise):
24.5.1. all rights granted to you under these terms shall cease;
24.5.2. you must cease all activities authorized by these terms; and
24.5.3. you must immediately destroy or return to us all copies of the Digital Content then in your possession, custody, or control.
24.5.4. we shall not be obliged under any circumstances to purchase any amount of FKD still held by you.
24.6. Any provision of these terms that expressly or by implication is intended to come into or continue in force on or after the termination of your access to the Services or the Digital Content shall remain in full force and effect. Your obligations to us will continue and our limitations of liability will continue to apply as set out in these terms and conditions.
25. Our rights to make changes
We may make changes to these terms or to the Services or the Digital Content from time to time to reflect changes to users’ needs and our business priorities. We will try to give you reasonable notice of any major changes via our official website and/or social media channels, or directly (as we determine at our absolute discretion).