Kin Foundation Developer Terms

Last Updated: March 11, 2019

1. Introduction

These Kin Foundation Developer Guidelines (“Guidelines”) describe requirements that developers (“you”, “your”) must comply with as a condition of developing applications (“Applications”) using our software development kits (“SDK”) that provides functionality that support the interactions with the blockchain-based Kin ecosystem stewarded by the Kin Foundation (“we”, “us”, “our”, such ecosystem, the “Kin Ecosystem”), including facilitating transactions based on the native cryptocurrency of the Kin Ecosystem, known as ‘Kin’ (“Kin”), use of wallet services for the storage of Kin, or participation in our Kin rewards engine (the “Kin Rewards Engine” or “KRE”). While these Guidelines embody the spirit of the Kin Ecosystem, they are non-exhaustive in nature and we reserve the right to take steps we deem necessary to cease or discourage your violation of these Guidelines, including excluding you from receiving Kin from the KRE at our discretions. We also reserve the right to set out exceptions from these Guidelines at our discretion; however, our failure to enforce these Guidelines will not act as an exception or waiver, and will not prevent subsequent enforcement of these Guidelines. We reserve the right to update these Guidelines from time-to-time, at our discretion. Accordingly, you should check back regularly and review these Guidelines carefully.

2. Business Model

Although you are not required to explain your business model to the users of your Application (the “End-Users”), we encourage you to do so. In order to comply with our business model standards, please ensure your Application does not violate any of the following stipulations:

  1. Applications must be transparent about the prices charged to End-Users. Pricing and monetization requirements apply to both the initial purchase of an Application, and purchases made within an Application, including subscription services;
  2. If Applications accept payment, then Applications must also accept Kin as a method of payment;
  3. Applications must only include advertisements that are compliant with applicable laws and advertising code of standards generally observed in the applicable jurisdiction (e.g., Canadian Code of Advertising Standards), factoring in the age of the End-User, and advertisements must not violate any of the content restrictions contained within these Guidelines;
  4. Applications must not function act as a marketplace that facilitates any illegal transactions Applications;
  5. Applications must not restrict End-Users’ access based on race, gender, sexual orientation, religious beliefs or for any reason not essential to the use or purpose of the Application; and
  6. Applications must not spam, spoof, phish, send unsolicited messages without the End- User’s consent, or otherwise harass any individual.

3. Inappropriate Content Restrictions

Applications must not contain or reference content that is inappropriate or offensive, which includes content that:

  1. is objectionable, mean-spirited, bullying, harassing, discriminatory, pornographic or overtly sexual, or otherwise hateful;
  2. encourages violence, terrorism, endangerment, harm, violence, abuse, exploitation to individuals (and particularly children), racial, religious or ethnic discrimination, or any other actions generally viewed as inappropriate or offensive;
  3. contains false information or misleads End-Users about its features; or
  4. is inconsistent with the Application’s marketed purposes (e.g., if an Application is marketed as family-friendly Application, it must not contain lewd or inappropriate jokes).

4. Application Features and Functionality Restriction

Applications must not contain features or functionality that enables End-Users to perform any of the following:

  1. to the extent prohibited by applicable laws in your jurisdiction or the jurisdiction of the End-User, gambling, including any derivative forms of gambling, such as purchasing a randomized prize package;
  2. mining cryptocurrency
  3. violating, or facilitating the violation of, any applicable laws (e.g., an Application that provides End-Users with advice on completing their taxes must not include any advice that would be in violation of the applicable taxation laws); and
  4. impersonating any person, entity or organization.

5. User-Generated Content

Some Applications enable its End-Users to create and share content with other End-Users of the Application (“User Generated Content”). These Applications must prohibit creation and sharing of inappropriate content described in Section 3 above and contain the following control mechanisms:

  1. a mechanism that provides End-Users with the ability to report inappropriate content, and the ability for the developer to remove any inappropriate content; and
  2. the ability for End-Users to block other End-Users from communicating with them.

6. Kin Logos and Trademarks

Any references to the Kin Foundation or use of any of our trademarks or logos within your Application must comply with the following:

  1. any references to the Kin Foundation or use of any trademarks or logos of Kin must comply with Kin’s trademark guidelines described on our website, if any (the “Kin Branding Guidelines”); and
  2. except for the use of our name, trademarks and logo in accordance with the Kin Branding Guidelines, Applications must not indicate, suggest, or otherwise imply, that they are affiliated in any way with us.

7. Terms of Use, Privacy and Data Security

All Applications must adhere to the following requirements:

  1. End-Users must be required to agree to an agreement (e.g., a terms of use) with you only (and, for greater clarity, not with us) that is not inconsistent or in conflict with these Guidelines or any agreements between you and us. Such terms of use must include provisions stating that:
    • you, and not us, are responsible for providing any maintenance and support related to the Application;
    • you, and not us, are responsible for any representations or warranties related to the Application;
    • you, and not us, are responsible for any claims, losses, liabilities related to the Application;
    • you, and not us, are responsible for any third-party claims (including any claims that your Application infringes the rights of any third-party); and
    • that we are third-party beneficiaries (or other provisions to achieve such effect in jurisdictions where the concept of third-party beneficiaries is not recognized) to such terms of use;
  2. End-Users must be presented with your privacy policy, which must state in clear, ‘non-legalese’, what information is being collected, used and shared, along with any other disclosures required by applicable laws. End-Users must be provided with an opportunity to review and consent to this policy. Any information collected from End-

    User data must be consented to by the End-User and the collection of such information must be limited to the purpose disclosed;

  3. Applications must not request access to more data than is required for its core functionality and, to the extent practical and possible, provide a mechanism for the End-User to control the data that is collected by the Application; and
  4. Applications must not request access to more functionality and features (e.g., GPS services) of the devices on which they are run than is required to have the Application run properly. Applications that do request permissions must make clear to End-Users what information is required, why it is required, and must only use the data for the purposes the End-User consented to;
  5. Applications must not infringe, or encourage the infringement of, the intellectual property rights of any other entity; and
  6. Applications must not mislead anyone to believe the Application is associated with another entity when no association exists. This includes developing logos that are of similar nature to other Applications.