Fink Terms and Conditions of Use
Date of last modification: 2021/10
2.1 Eligibility to use the App
The license to use the App and/or Services under Section 3.1 shall not be granted to users located in jurisdictions where the App and/or Services are prohibited under applicable laws.
The App and/or Services are intended solely for users, who are;
Fink may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the App or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you do not fulfill the eligibility requirements above.
2.2 Ability to Contract.
3. Description of License and Service
3.1 License Grant
3.2 Your Utilization of Your Device
3.3 Harm to Your Device
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. FİNK DOES NOT GUARANTEE THE VALIDITY OR COMPATIBILITY OF THE APP AND/OR SERVICES TO YOUR DEVICE AND FİNK SHALL NOT BE HELD RESPONSIBLE FOR YOUR DAMAGES AND LOSSES WHICH AROSE DUE TO FAULTS, BUGS, TROUBLES ON YOUR DEVICE, APP, INFORMATION SYSTEMS, ONLINE ACCESS POINT AND NETWORK, ERRORS OF DESIGN, INTERFACE, LINKING, VIRUS INFECTION, DISCONNECTION FROM NETWORK, POWER OUTAGES AND VOLTAGE VOLATILITY, REGARDLESS OF WHETHER SUCH DAMAGES AND LOSSES WERE FORESEEABLE OR ADVISED TO FİNK.
3.4 New Versions of the App
3.5 No Access to Emergency Services
The App and Services are not intended to replace phone lines and as such are not built to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the App and Services. You acknowledge and agree that: (i) Fink is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the App, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Fink is not a replacement for your primary telephone service.
3.6 Prevention of Unauthorized Use
Fink reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized use of the App or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier or device manufacturer regarding such unauthorized use.
4. Intellectual Property
You shall not, and you shall not permit anyone else to, directly or indirectly:
5. Content and prohibited behaviours
5.1 Prohibited behaviours
You further represent that you shall not:
Prohibited behaviours are further described in our Community Guidelines. Everyone using the App is expected to follow the guidelines. Failure to comply with the Community Guidelines may result in your account being suspended or deactivated.
Content transmitted by the use of the App and Services is entirely the responsibility of the person from whom such Content originated. You use the App and Services at your own risk and understand that by using the App or any of the Services, notwithstanding the restrictions imposed on users under Section 5.1, you may be exposed to Content that is offensive, hateful, threatening, obscene, abusive, racially or ethnically offensive, libelous or defamatory, harmful, indecent or otherwise objectionable. Fink does not endorse any Content and hereby expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the App and/or Services. Each user’s representations under Section 5.1 are solely binding for that user and intended for preserving and enhancing the user experience and ecosystem of the App and the Services. You hereby release and discharge the Fink Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.
5.3 Your Content – be careful with what you share
You may not display any personal contact or banking information on your individual profile page, or anywhere else on the platform, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, you acknowledge that you do so at your own risk.
You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the App or Services and that neither Fink, nor the manufacturer of or OS provider for your Device will be held responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owed to any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit, display, perform or adapt the Content; and (b) the Content you transmit, display, perform or adapt does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
5.4 Other Users’ Content
You acknowledge that the Content, including but not limited to information regarding personal and physical appearance, transmitted, displayed or communicated by other users through the App and Services may be incorrect, misleading, or edited electronically in a manner that does not accurately represent such user’ actual information or physical appearance, or may violate your or third parties’ personal or intellectual property rights.
YOU AGREE AND ACKNOWLEDGE THAT FİNK SHALL NOT BE CONSIDERED RESPONSIBLE FOR: (I) THE VIOLATION OF ANY OF YOUR OR THIRD PARTIES’ RIGHTS, INCLUDING PERSONAL RIGHTS AND INTELLECTUAL PROPERTY RIGHTS; AND (II) SUCH INCORRECT OR MISLEADING CONTENT OR INFORMATION, INCLUDING ANY COMMITMENTS COMMUNICATED ORALLY OR IN WRITING, OR EXPECTATIONS OR IMPRESSIONS CREATED BY OTHER USERS TO ENGAGE IN FURTHER COMMUNICATION WITH YOU THROUGH OR OUTSIDE OF THE APP AND/OR THE SERVICES EVEN IF A COURT OR ADMINISTRATIVE DECISION RENDERS FİNK LIABLE AND/OR ORDERS FİNK TO REMEDY SUCH VIOLATION OF THIRD-PARTY RIGHTS, EXCEPT FOR CASES WHERE FİNK IS GROSSLY NEGLIGENT. THIS RESERVATION OF RIGHTS HEREIN BY FİNK INCLUDES DAMAGES OR LOSSES SUFFERED BY FİNK AS A RESULT OF FİNK BEING SUBJECT TO ADMINISTRATIVE OR CRIMINAL SANCTIONS DUE TO SUCH VIOLATION OF THIRD-PARTY RIGHTS.
6. Data privacy
6.2 Storage of Content
6.3 License Grant to Fink
7. Premium Services and paid content
7.1 Premium Services and other paid content and items.
Any payment for the Premium Services and any paid content and items offered under the Services that you purchase will first be made using the paid coins that you have purchased via the App. Only after all of your paid coins have been consumed, you then may use your free coins (if any) to pay for such Premium Services and paid content and items.
Subject to Fink’s sole discretion, the Premium Service and paid content and items under the Services may be offered either on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable either in advance, in arrears, per usage, or as otherwise described at the time of your purchase.
If you purchase any Premium Service and/or any paid content and items offered under the Services, you hereby agree to pay all charges to your account, including all applicable taxes and transaction costs, in accordance with our standard billing terms in effect at the time the charges are payable, regardless of whether such costs are charged by the Application Stores.
You agree to abide by any relevant third parties’ terms of service or other legal agreements that govern your use of a given payment processing service and/or method in relation to the App or Services.
If you purchase Premium Services and/or any paid content and items under the Services on a subscription basis, you acknowledge and agree that payments will be made on a recurring basis and by the payment method and payment intervals you have selected, until such subscription for Premium Services and/or paid content and items is terminated.
You agree that if you purchase Premium Services and/or any paid content and items through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Fink have any responsibility in connection with any of the foregoing. You shall indemnify and hold Fink harmless from any Application Stores’ claims as mentioned under this paragraph, even if a court or administrative agency decides that Fink shall be liable for such question, issue, disagreement or dispute.
You may request a full refund for any Premium Service and/or any paid content and item purchased from an Application Store if permitted by, and pursuant, to the refund rules of the Application Store, subject to the following exceptions: (1) refunds are not available to users who are banned by Fink and/or its community; and (2) full refunds are not available for partially used purchases.
You may request a full refund for any Premium Service and/or any paid content and item purchased outside of the Application Store within 72 hours of purchase by contacting our customer service (see contact details at Section 13.12), subject to the following exceptions: (1) refunds are not permitted by payment channels and/or platforms; and (2) full refunds are not available for partially used purchases. You acknowledge that, upon a successful request, your money will be refunded in the same manner you used to make the original payment.
8.1 Termination by You
You may terminate your use of the Services at any time by deleting your account. If you have subscribed to any Premium Service and/or any paid content and item, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with such Premium Service and/or paid content and items.
8.2 Termination by Fink.
9. Third parties
9.2 Third Parties
9.3 Third Party Fees
For particular Devices, Fink may ask for your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees, which shall be incurred solely at your own cost and risk.
9.4 Third-Party Sites, Products and Services; Links
9.5 Third Party Beneficiaries and Agreements
12. US sanctions
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and accept that Fink reserves the right to recourse any damage it may incur due to a sanction that may be imposed on it as a result of the usage of the Service or Software by a user in violation of the above representation.
13.2 No Warranty
The App and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The Fink Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE FİNK PARTIES (AND ANY APPLICATION STORES FROM WHICH YOU DOWNLOADED THE APP) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE APP AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APP AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE APP AND CEASE USE OF THE APP AND ALL SERVICES. You further acknowledge that the Fink Parties (and Apple or Google, where relevant) have no obligation whatsoever to furnish any maintenance or support services with respect to the App and/or Services.
THE FİNK PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH THE APP OR ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE FİNK PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE APP OR SERVICES.
13.3 Limitation of Liability
If you downloaded the App from the Application Stores, you acknowledge that they shall have no responsibility for addressing any claims relating to the App or Services or your possession and/or use of the App or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the App or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, without prejudice to Sections 12.2 and 12.3.
13.5 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT FİNK HAS OFFERED ITS APP AND/OR SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FİNK, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FİNK. FİNK WOULD NOT BE ABLE TO PROVIDE THE APP OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13.6 Entire Agreement and Severability
13.9 Applicable Law and Jurisdiction
13.10 Injunctive Relief
13.11 User Identity Confirmation
You acknowledge and agree that Fink can use carrier distributed mobile messaging (SMS) to verify ownership of registered mobile phone numbers in relation to the users of the App or Services.
13.12 Additional Information
Should you require any further information or technical support, please send an email to [email protected].