FlyCoin User Agreement
This User Agreement (“Agreement”) is a contract between you and FlyCoin, Inc. (“FlyCoin,” “we,” or “us”) that applies to your use of the FLY Services (as defined in Section 15 of this Agreement) as a user (“User”, “you” or “your”).
Section 31 of this Agreement governs how this Agreement may be changed over time.
The text in the boxes throughout this Agreement is there to help you understand the Agreement, but is not part of the Agreement.
If after reading this Agreement in its entirety you are unsure of the terms of the Agreement or you have any questions, please contact Support via email at .
To see what terms have changed as a result of the most recent update to the User Agreement, please see the informational box at the end of this User Agreement.
1. About FLY FLY is a “ERC-20” digital token issued by FlyCoin that operates on the Ethereum blockchain (“FLY” or “FlyCoin”). FLY is also bridged to other blockchains including but not limited to Polygon.
2. Scope of FLY and Key Terms Your use of FLY and FLY Services is subject to this Agreement and FlyCoin’s obligations under this Agreement are conditional on you complying with its provisions. You understand that any violation of this Agreement may result in potential consequences, including the possible loss or forfeiture of U.S. Dollar funds or FLY. Each FLY will have an established value of one (1) U.S. Dollar at the time of being tokenized and redeemed by you, subject to the terms set forth in this Agreement and fees where applicable. While in possession of your U.S. Dollar funds, FlyCoin agrees to take reasonable care in maintaining the established value of U.S. Dollar funds provided by you, and you agree FlyCoin is free to use the funds provided for its own purposes prior to redemption subject to the terms of this Agreement. You also agree that FlyCoin is entitled to any income from the use of your funds, or interest accrued with respect to your funds, prior to redemption. You understand that sending FLY to another address automatically transfers and assigns to the owner of that address (a “Holder”), and any subsequent Holder, the right to redeem FLY for U.S. Dollar funds so long as the Holder is eligible to, and does, register a FLY Account.
3. Applicable Laws and Regulations Your use of the FLY Services is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority, including, without limitation, all applicable tax, anti-money laundering (“AML”) and counter-terrorist financing (“CTF”) provisions. You unequivocally agree and understand that by registering a FLY Account and using the FLY Services in any capacity, you will act in compliance with and be legally bound by this Agreement and all applicable laws and regulations (including, without limitation, those stated in this Section 3, where applicable). For the avoidance of doubt, continued use of your FLY Account and FlyCoin’s obligations to you under this Agreement are conditional on your continued compliance at all times with this Agreement and all applicable laws and regulations.
4. Eligibility; Limitations The FLY Services are currently only available to individuals and institutions located in supported jurisdictions. For a complete list of currently supported jurisdictions, please see here. If you are registering to use the FLY Services as an individual, you must be at least 18 years of age and must not have been previously suspended or removed from the FLY Services or any other service or product offered by FlyCoin or its affiliate entities, including but not limited to FlyCoin UK Trading Limited, FlyCoin Payments, LLC, Poloniex, LLC or FlyCoin Trade Europe Limited, to enter into this Agreement. If you are registering to use the FLY Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) you are duly authorized by such legal entity to act on its behalf, and (iii) such organization (and any affiliate entity) must not have been previously suspended or removed from the FLY Services or any other service or product offered by FlyCoin or its affiliate entities, including but not limited to FlyCoin UK Trading Limited, FlyCoin Payments, LLC, Poloniex, LLC or FlyCoin Trade Europe Limited, to enter into this Agreement. Use of certain FLY Services may have further eligibility requirements that will need to be verified prior to you using such FLY Services or from time to time in order to continue your use of the FLY Services. By accessing or using the FLY Services, you further represent and warrant that: a) you are not a Restricted Person nor are you resident of a Restricted Territory (each as defined in Section 38 below). b) you will not be using the FLY Services for any illegal activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, terrorism financing, other violent activities or any prohibited market practices, including, but not limited to, those listed under Sections 23 and 24. You also understand that there are additional representations and warranties made by you in Section 5 (Accuracy of Information) and Section 38 (Compliance with Export Restrictions) and that any misrepresentation by you is a violation of this User Agreement. If FlyCoin determines that you have violated this User Agreement, including, but not limited to, transacting with Blocked Addresses (as defined in Section 14) or engaging in Restricted Activities or Prohibited Transactions then FlyCoin may be forced to terminate your FLY Account and you may forfeit any U.S. Dollar funds otherwise eligible for redemption. Notwithstanding the foregoing, FlyCoin may determine not to make the FLY Services, in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements, depending on the User’s location. We may without liability to you or any third party refuse to let you register for a FLY Account.
5. Registration Process; Identity Verification When registering your FLY Account, you must provide current, complete, and accurate information for all required elements on the registration page, including your full legal name. You also agree to provide us, when registering a FLY Account and on an ongoing basis, any additional information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including, but not limited to, a copy of your government issued photo ID or evidence of residency such as a lease or utility bill. You permit us to keep a record of such information and authorize us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you understand, acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. In certain circumstances, we may require you to submit additional information about yourself or your business, provide records, and complete other verification steps (such process, “Enhanced Due Diligence”). You represent and warrant that any all information provided to us pursuant to this Agreement is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible. From time to time we may be required to request further information regarding your transactions in order to comply with applicable laws and regulation. Failure to provide such information in a timely fashion may result in the suspension of your ability to use the FLY Services (until you provide such information) or the closure of your FLY Account. We reserve the right to maintain your account registration information after you terminate your FLY Account for business and regulatory compliance purposes, subject to applicable laws and regulation. For example, we are subject to various AML and CTF regulations which, in a number of jurisdictions, require us to retain certain personal data for a minimum period of five (5) years following the closure of your FLY Account.
6. AML and CTF Compliance Our AML and CTF procedures are guided by all applicable laws and regulations regarding AML and CTF. These standards are designed to prevent the use of the FLY Services for money laundering or terrorist financing activities. We take compliance very seriously and it is our policy to take all necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and any related acts that facilitate money laundering, terrorist financing or any other financial crimes.
7. USA PATRIOT Act Notification This Section 7 applies only if your country of residence is the United States. Please also note that Section 326 of the USA PATRIOT Act of 2001 requires all financial institutions to obtain, verify, and record information that identifies each person who registers a FLY Account. This federal requirement applies to all new Users. This information is used to assist the U.S. Government in the fight against the funding of terrorism and money laundering activities. What this means to you: when each person registers a FLY Account, we will ask each person for his or her name, physical address, mailing address, date of birth, and other information that will allow us to identify him or her.
8. FLY Support Only; Forks & Advanced Protocols Not Supported Your FLY Account only supports sending and receiving FLY. If you attempt to send any other virtual currency, token, digital currency, or similar digital assets other than FLY (“Other Digital Assets”) to your FLY Account, such Other Digital Assets will be lost forever. If you attempt to send FLY from your FLY Account to a wallet or address that does not support FLY your FLY will be lost forever. FlyCoin bears no responsibility for any losses you might incur as a result of you sending Other Digital Assets to your FLY Account or you sending FLY from your FLY Account to a wallet or address that does not support FLY. As a result of the decentralized and open source nature of FLY it is possible that a party unaffiliated with FlyCoin could create an alternative version of FLY (a “fork”) that operates independently from FLY. FlyCoin supports only FLY and is under no obligation to support any fork of FLY and assumes no responsibility for any value that might be lost as a result of this lack of support of forks of FLY. In the event of a fork of FLY, FlyCoin shall, in its sole discretion, determine which fork of FLY it will support, if any. Note that in the event of a fork of FLY, FlyCoin may be forced to suspend all activities relating to FLY (including tokenizing U.S. Dollars for FLY, or redeeming FLY for U.S. Dollars, sending and receiving FLY) for an extended period of time until FlyCoin has determined in its sole discretion that such functionality can be restored (“Downtime”). This Downtime will likely occur immediately upon a “fork” of FLY, potentially with little to no warning, and during this period of Downtime you will not be able to tokenize U.S. Dollars for FLY, nor redeem, send or receive FLY.
9. Ethereum Network and Smart Contract Modifications FLY operates on the Ethereum blockchain. FlyCoin does not have any ability or obligation to prevent or mitigate attacks or resolve any other issues that might arise with the Ethereum blockchain. Any such attacks or delays on the Ethereum blockchain might materially delay or prevent you from sending or receiving FLY, and FlyCoin shall bear no responsibility for any losses that result from such issues. Note that in certain circumstances, including, but not limited to, a fork of the Ethereum blockchain or the identification of a security issue with the Ethereum blockchain, FlyCoin may be forced to suspend all activities relating to FLY (including tokenizing U.S. Dollars for FLY, or redeeming FLY for U.S. Dollars, sending and receiving FLY) for an extended period of time until such Downtime is over and FLY Services can be restored. This Downtime will likely occur immediately upon a fork of the Ethereum blockchain, potentially with little to no warning, and during this period of Downtime you will not be able to tokenize U.S. Dollars for FLY, nor redeem, send or receive FLY. FlyCoin reserves the right to migrate FLY to another blockchain or protocol in the future should FlyCoin determine, in its reasonable discretion, that doing so is necessary or desirable. Upon FlyCoin’s request, you agree to take any and all actions reasonably necessary to effectuate the migration of your FLY to another blockchain or protocol identified by FlyCoin. If you fail to effectuate such migration, the FLY may not be compatible with your FLY Account going forward. Notwithstanding any other provision of this Agreement, FlyCoin will not be responsible or liable for any damages, losses, costs, fines, penalties or expenses of whatever nature, whether or not reasonably foreseeable by the parties, which you may suffer, sustain or incur, arising out of or relating to your failure to effectuate such migration of your FLY to another blockchain or protocol identified by FlyCoin.
11. Communications By entering into this Agreement, you agree to receive electronic communications and notifications in accordance with our E-Sign Consent Policy. Printing and mailing correspondence, disclosures, and account statements takes time, money, and resources so we like to handle these matters electronically. This Agreement is provided to you and communicated in English. We will also communicate with you in English for all matters related to your use of FLY Services. Where we have provided you with a translation of the English language version of this Agreement, you agree that such translation is provided for your convenience only and that the English language version of the Agreement governs your use of the FLY Services.
12. Security of User Information You are responsible for maintaining the confidentiality and security of any and all account names, user IDs, passwords, personal identification numbers (PINs) and mobile unlock codes that you use to access the FLY Services. You are responsible for keeping your email address up to date in your FLY Account profile and for maintaining the confidentiality of your user information. You agree to (i) notify FlyCoin immediately if you become aware of any unauthorized use of your FLY Account, the FLY Services, or any other breach of security regarding the FLY Services. We strongly advise you to enable all relevant security features such as two-factor authentication, as available: this offers you greater protection from possible attackers attempting to log in to your Account than password alone and in situations where your email and/or password is compromised by a third-party data breach. FlyCoin will not be liable for any loss or damage arising from your failure to protect your account information. We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software. If you question the authenticity of a communication purporting to be from FlyCoin, you should login to your FLY Account through the FLY Services website or mobile applications, not by clicking links contained in emails. We go to great lengths to protect your account, but we need you to do the same. It is important that you always protect not only your FlyCoin password but also the email account associated with your account and any device used to access your account.
13. Account Suspension & Closure We may without liability to you or any third party suspend your FLY Account, consolidate your FLY Accounts if you have more than one, or terminate your FLY Account or suspend your use of one or more of the FLY Services in accordance with the terms of this Agreement, as determined in our sole and absolute discretion. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify you, a court order, your violation of the terms of this Agreement (including, but not limited to, Sections 23 and 24) or for other similar reasons. This may result in your loss or forfeit of U.S. Dollar funds corresponding to the FLY capable of redemption in your FLY Account. FlyCoin may also temporarily suspend access to your FLY Account in the event that a technical problem causes system outage or FLY Account errors until the problem is resolved. You may terminate this Agreement at any time by closing your FLY Account in accordance with this Agreement. In order to do so, you should contact Support who will assist you in closing your FLY Account. You may not terminate your FLY Account if FlyCoin believes, in its sole discretion, that such closure is being performed in an effort to evade a court order or legal or regulatory investigation or to avoid paying any amounts otherwise due to FlyCoin. We encourage you to transfer any FLY out of your FLY Account or redeem your FLY for U.S. Dollars prior to issuing a request to terminate your FLY Account. We will be unable to terminate your FLY Account at your request unless you have zero FLY in your FLY Account. We reserve the right to restrict or refuse to permit redemptions or transfers from your FLY Account if (i) your FLY Account has otherwise been suspended or unilaterally terminated by FlyCoin in accordance with this Agreement or (ii) to do so would be prohibited by law or a court order or we have determined that the FLY were obtained fraudulently. Upon closure or suspension of your FLY Account, you authorize FlyCoin to cancel or suspend pending transactions and forfeit all proprietary rights and claims against FlyCoin in relation to any U.S. Dollar funds otherwise eligible for redemption. In the event that you or FlyCoin terminates this Agreement or your access to the FLY Services, or cancels your FLY Account, you remain liable for all activity conducted on or with your FLY Account while it was active and for all amounts due hereunder. If you are seeking to terminate a FLY Account on behalf of a deceased User, please contact Support.
14. Risk Factors & Disclosures The following list of risks associated with FLY and the FLY Services is not exhaustive. No guarantee of price stability Subject to the limitations set forth in this User Agreement, (i) when FlyCoin tokenizes U.S. Dollars for FLY it will always do so at a rate of one U.S. Dollar ($1) per one (1) FLY and (ii) when FlyCoin redeems FLY for U.S. Dollars, it will always redeem such FLY at a rate of one U.S. Dollar ($1) per one (1) FLY, less fees where applicable. For each FLY that is issued by FlyCoin and remains in circulation, FlyCoin will maintain the equivalent of one U.S. Dollar ($1) with its banking partners in Segregated Accounts, on behalf of, and for the benefit of, Users. FlyCoin believes these actions will promote the price stability of FLY with an intended goal of one (1) FLY being worth one U.S .Dollar ($1). However, this does not guarantee that the value of one (1) FLY will always equal one U.S. Dollar ($1). Due to a variety of factors outside of FlyCoin’s control, the value of FLY, particularly on third-party platforms such as cryptocurrency exchange platforms, can fluctuate above or below one U.S. Dollar ($1). FlyCoin cannot control how third parties value FLY, and FlyCoin is not responsible for any losses or other issues that may result from fluctuations in the value of FLY. Third-party platforms FLY is based on open source software and runs on the Ethereum blockchain. This means that third parties can elect to support FLY on their platforms without any authorization or approval by FlyCoin or anyone else. As a result, FLY support on any third-party platform does not imply any endorsement by FlyCoin that such third-party services are valid, legal, stable or otherwise appropriate. FlyCoin is not responsible for any losses or other issues you might encounter using FLY on non-FlyCoin platforms. Users accept all consequences of sending FLY off of FlyCoin’s platform. FLY transactions are not reversible. Once you send FLY to an address, you accept the risk that you may lose access to, and any claim on, that FLY indefinitely or permanently. For example, (i) an address may have been entered incorrectly and the true owner of the address may never be discovered, (ii) you may not have (or subsequently lose) the private key associated with such address, (iii) an address may belong to an entity that will not return the FLY, (iv) an address belongs to an entity that may return the FLY but first requires action on your part, such as verification of your identity.
For the avoidance of doubt, nothing in this Agreement is intended to obligate FlyCoin to track, verify or determine the provenance of FLY balances for Users, including any form of security interests claimed thereon. Blocked Addresses & Forfeited Funds FlyCoin reserves the right to “block” certain FLY addresses and, if such addresses are FlyCoin custodied addresses, freeze associated FLY (temporarily or permanently) that it determines, in its sole discretion, are associated with illegal activity or activity that otherwise violates the terms of this User Agreement (“Blocked Addresses”). In the event that you send FLY to a Blocked Address, or receive FLY from a Blocked Address, FlyCoin may freeze such FLY and take steps to terminate your FLY Account. In certain circumstances, FlyCoin may deem it necessary to report such suspected illegal activity to applicable law enforcement agencies and you may forfeit any rights associated with your FLY, including the ability to redeem FLY for U.S. Dollars. FlyCoin may also be forced to freeze FLY and/or surrender associated U.S. Dollars held in Segregated Accounts in the event it receives a legal order from a valid government authority requiring it to do so.
FLY is issued and redeemed in accordance with Centre policies including the Centre Blacklisting Policy. Centre reserves the right to block the transfer of FLY to and from an address in circumstances set forth in the Centre Blacklisting Policy. Software protocols and operational challenges You are aware of and accept the risk of operational challenges. FlyCoin may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the FLY Services. You understand that the FLY Services may experience operational issues that lead to delays, including delays in redeeming FLY. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold FlyCoin accountable for any related losses. Compliance You are responsible for complying with applicable law. You agree that FlyCoin is not responsible for determining whether or which laws may apply to your transactions, including tax laws. You are solely responsible for reporting and paying any taxes arising from your use of the FLY Services, including any accurate reporting of the tax or legal status of FLY in your jurisdiction. Legislative and regulatory changes Legislative and regulatory changes or actions at the U.S. state, U.S. federal, or international level may adversely affect the tokenization of U.S. Dollars into FLY, and the use, transfer, redemption and/or value of FLY. No deposit insurance FLY held in your FLY Account are not subject to deposit insurance protection, including, but not limited to, (i) where your country of residence is the United States, the Federal Deposit Insurance Corporation insurance or Securities Investor Protection Corporation protections; or (ii) where your country of residence is outside of the United States, the United Kingdom Financial Services Compensation Scheme or equivalent scheme in your country of residence. Claim on funds FlyCoin holds the equivalent value of one U.S. Dollar ($1) in Segregated Accounts, on behalf of, and for the benefit of, Users for each FLY that is issued by FlyCoin and remains in circulation. Your ability to redeem FLY for U.S. Dollars is conditional on (i) your possession of a corresponding amount of FLY associated with a registered FLY Account, (ii) no violation of this User Agreement, and (iii) no action, pending or otherwise, by a regulator, law enforcement or a court of competent jurisdiction that would restrict redemption. Sending FLY to another address automatically transfers and assigns to thatHolder, and any subsequent Holder, the right to redeem FLY for US Dollar funds so long as the Holder is eligible to, and does, register a FLY Account.
Legal treatment of FLY transfers – The regulatory status of FLY and blockchain technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to FLY, blockchain technology and its applications. Accordingly, it is not possible to determine whether a FLY transfer would be recognized under applicable law by a court or regulator at the U.S. state, U.S. federal, or international level. Encumbrances Depending on the actions of the owners of FLY addresses before your receipt of FLY from another FLY address, it is possible that the transfer of FLY between FLY addresses could result in the FLY in your FLY Account becoming subject to a lien or other form of security interest before redemption. On-chain transactions irreversible When FLY is sent out of your FLY Account to a third-party FLY address, such transaction is completed on the Ethereum blockchain. This means that such transaction is irreversible and FlyCoin does not have the ability to reverse or recall any transaction once initiated. You bear all responsibility for any losses that might be incurred as a result of sending FLY to an incorrect or unintended FLY address.
15. Services; Third Parties FlyCoin provides you with a secure and convenient way to establish a FLY Account for purposes of (i) tokenizing U.S. Dollars for FLY from FlyCoin, (ii) redeeming FLY for U.S. Dollars from FlyCoin, (iii) sending and receiving FLY to and/or from FLY Accounts (collectively, the “FLY Services”); subject to this Agreement and provided that any of these Services can be discontinued at any time in accordance with Section 20. For purposes of the foregoing, FlyCoin’s “FlyCoin Pay” and “FlyCoin Invest” mobile applications, as well as sending or receiving FLY via a non-FLY Account, are specifically excluded from the definition of FLY Services. FlyCoin does not have control of, or liability for, any products or services that are purchased or sold by third parties using the FLY Services. FlyCoin is not liable for any losses or issues that may arise from such third-party transactions, including, but not limited to, legality (including any consequences for illegal transactions that might be triggered under this Agreement), quality, delivery, or satisfaction with any products purchased by means of a FLY transfer. If you are not satisfied with any goods or services purchased from, or sold to, a third party using the FLY Services, you must handle those issues directly with the third-party seller or buyer, as applicable. If you use your FlyCoin Account to send money to someone in exchange for a product or service, and you have a problem with that product or service, you will need to resolve that dispute directly with the third party.
16. Mobile Services To the extent you access the FLY Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. By using mobile FLY Services, you agree that we may communicate with you by SMS, MMS, text message, push notification, and/or other electronic means via your mobile device and that certain information about your usage of the FLY Services may be communicated to us. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to any person who might acquire your old number. In order to maintain the security of your account, two-factor authentication is highly recommended. That means that you need to have a valid phone that can receive SMS text messages and update your account information if your phone number changes.
17. Fees; Authorization Except as disclosed on the FLY Fee Schedule or as otherwise disclosed to you prior to completing a transaction in your FLY Account, FlyCoin will not charge you any fees for tokenizing U.S. Dollars for FLY, sending FLY, or receiving FLY. As disclosed on the FLY Fee Schedule, FlyCoin does charge fees in connection with the redemption of FLY for U.S. Dollars. You should always check the FLY Fee Schedule before completing a transaction in your FLY Account to make sure you understand exactly what fees might be incurred. You also agree to pay any other fees that may be charged by your bank in connection with sending funds to FlyCoin or receiving funds from FlyCoin.
18. Currency Conversion All tokenizations of U.S. Dollars will be credited in FLY to your FLY Account based on a rate of one (1) FLY per one U.S. Dollar ($1). If you wire funds to FlyCoin to complete a tokenization of U.S. Dollars into FLY, you should denominate your wire transfer in U.S. Dollars. If you transmit your wire in a currency other than U.S. Dollars, FlyCoin’s banking partners will convert such funds to U.S. Dollars at such bank’s then applicable conversion rate and may charge additional fees for completing such currency conversion. Your FLY Account will then be credited with an amount of FLY equal to the amount of U.S. Dollars that results following such currency conversion and deduction of any fees charged for such currency conversion. FlyCoin is not responsible for any processing delays that may result in connection with completing such currency conversion. Additionally, FlyCoin’s banking partners may not support all non-U.S. Dollar currencies, and may be forced to reject or return a wire received in a non-supported currency. Note that your FLY Account only supports FLY amounts out to two decimal places, so all FLY amounts will be rounded down to two decimal places.
19. Transaction Limits FlyCoin reserves the right to change the tokenization, redemption, conversion, storage, and velocity limits on your FLY Account as we deem necessary. We may establish individual or aggregate transaction limits on the size or number of tokenizations or redemptions you make during any specified time period.
20. Right to Change/Remove Features or Suspend/Delay Transactions We reserve the right to change, suspend, or discontinue any aspect of the FLY Services at any time, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any tokenization or redemption without prior notice and may limit or suspend your use of one or more FLY Services at any time, in our sole discretion. Suspension of your use of any of the FLY Services will not affect your rights and obligations pursuant to this Agreement. We may, in our sole discretion, delay tokenizations or redemptions if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement.
21. Transactions Irreversible Once a transaction has been initiated, it cannot be reversed. Except as set forth in this Agreement, all transactions processed through the FLY Services are non-refundable. You may have additional refund or chargeback rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reflect all applicable transactions made using that payment method. You can also access the record of your transactions by logging into your FLY Account.
22. Insufficient Funds If a payment made to tokenize U.S. Dollars for FLY is reversed by your bank or FlyCoin’s banking partners after a tokenization of U.S. Dollars for FLY is completed, then FlyCoin reserves the right to (i) retroactively cancel such tokenization of U.S. Dollars for FLY and deduct such FLY from your FLY Account, (ii) deduct such amounts from future tokenizations to your FLY Account or otherwise received into your FLY Account, (iii) suspend your FLY Account and access to the FLY Services until resolved, (iv) if you maintain more than one FLY Account, set off the negative amount of FLY in one FLY Account by applying the amount of FLY you hold in your other FLY Account(s) against the negative amount, and (v) pursue legal action or any other means of recovery legally available. To secure your performance of this Agreement, you grant to FlyCoin the right to (a) block transfers of FLY from your account, including any non-FLY account, (b) set off any fees or other amounts owed by you against funds FlyCoin holds on your behalf. In the event that FlyCoin is forced to engage a third party to assist with the recovery of any funds owed by you to FlyCoin, you will be charged any fees or expenses that are incurred by FlyCoin in connection with such recovery efforts, including, but not limited to, collection fees, legal fees or convenience fees charged by third parties. You hereby explicitly agree that all communication in relation to a funds owed by you to FlyCoin or a delinquent account will be made by electronic mail or phone. Such communication may be made by FlyCoin or by any third party acting on its behalf, including but not limited to a third-party collection agent. Note that if FlyCoin is forced to engage such third parties in connection with recovering amounts that you owe FlyCoin, your credit may be negatively impacted.
23. Restricted Activities In connection with your use of the FLY Services, you hereby agree that you will not: a) violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation; b) intentionally try to defraud (or assist in the defrauding of) FlyCoin or other FlyCoin users; c) provide false, inaccurate, or misleading information; d) take any action that interferes with, intercepts, or expropriates any system, data, or information; e) partake in any transaction involving the proceeds of illegal activity; f) transmit or upload any virus, worm, or other malicious software or program; g) attempt to gain unauthorized access to other FLY Accounts, the FlyCoin website, or any related networks or systems; h) use the FLY Services on behalf of any third party or otherwise act as an intermediary between FlyCoin and any third parties; i) collect any user information from other FlyCoin users, including, without limitation, email addresses; j) defame, harass, or violate the privacy or intellectual property rights of FlyCoin or any other FlyCoin users; or k) upload, display or transmit any messages, photos, videos or other media that contain illegal goods, violent, obscene or copyrighted images or materials (such activities, “Restricted Activities”).
24. Prohibited Transactions Using the FLY Services for transfers related to the following is prohibited, and FlyCoin reserves the right to monitor for transactions that relate to: a) any Restricted Persons or persons or entities located in Restricted Territories (as each term is defined in Section 38); b) weapons of any kind, including but not limited to firearms, ammunition, knives, explosives, or related accessories; c) controlled substances, including but not limited to narcotics, prescription drugs, steroids, or related paraphernalia or accessories, unless licensed and authorized by the jurisdiction in which the customer is based as well as by the jurisdiction in which the transaction takes place; d) gambling activities including but not limited to sports betting, casino games, horse racing, dog racing, games that may be classified as gambling (i.e. poker), or other activities that facilitate any of the foregoing, unless licensed and authorized by the jurisdiction in which the customer is based as well as by the jurisdiction in which the transaction takes place; e) money-laundering or terrorist financing; f) any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program; g) goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction; h) credit repair services, or other services that may present consumer protection risks; i) court ordered payments, structured settlements, tax payments, or tax settlements; j) any unlicensed money transmitter activity; k) layaway systems, or annuities; l) counterfeit goods, including but not limited to fake or “novelty” IDs; m) wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deceit; n) purchasing goods of any type from “Darknet” markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods); or o) any other matters, goods, or services that from time to time we communicate to you that are unacceptable and which, for example, may be restricted by our and your bank or payment partners (such transactions, “Prohibited Transactions”). In the event that FlyCoin learns you are making any such Prohibited Transactions, FlyCoin will consider it to be a violation of this Agreement and may suspend or terminate your FLY Account, which can result in the potential forfeit of any US Dollar funds otherwise eligible for redemption.
25. Unauthorized Transactions If an Unauthorized Transaction (as defined below) or Error (as defined below) occurs through your FLY Account, and you follow the procedures set forth in this Section 25, FlyCoin will reimburse you for the amount of any eligible Unauthorized Transaction and any losses resulting from an Error, subject to the limitations set forth in this Section 25. What Constitutes an Unauthorized Transaction or Error? For purposes of this Section 25, “Unauthorized Transaction” means a transaction that was initiated from your FLY Account without your authorization and that does not benefit you. For purposes of this Section 25, an “Error” means one of the following: (i) if your bank account is charged for a tokenization, FlyCoin receives the funds, but the corresponding FLY does not show up in your FLY Account, (ii) if you complete a redemption from FLY and the funds are not properly delivered by FlyCoin to your bank account, (iii) you transfer FLY from your FLY Account to an external address and we debit your FLY Account for a FLY amount in excess of the sent amount, (iv) if you receive FLY to your FLY Account and we do not add the proper amount to your FLY Account, (v) if the transaction records in your FLY Account do not accurately reflect your transactions, or (vi) there is some other material mathematical or computational error by FlyCoin in calculating tokenization or redemption amounts. Notifying FlyCoin of an Unauthorized Transaction or Error You should notify us immediately if you believe that (i) an Unauthorized Transaction or Error has occurred, (ii) your password and/or two-factor authentication access has been compromised, (iii) a device on which you have downloaded the FlyCoin app or which contains an active FlyCoin session has been stolen or lost, or (iv) you believe there is an Error in your transaction records or account history, or you have a question regarding your transaction records or account history. In order for Unauthorized Transactions or Errors to be covered by FlyCoin, you must notify us within sixty (60) days of such Unauthorized Transaction or Error showing up in your transaction history and/or account statement. If you do not notify us within sixty (60) days, then you will not be covered by the protections of this Section 25. Notification Process The fastest and most efficient way to notify us of an Unauthorized Transaction or Error is to contact Support via email at . You can also notify us by sending an old fashioned letter to FlyCoin Internet Financial, Inc., PO Box 52235, Boston, MA 02205. However you choose to notify us, you must include: (i) the name and email associated with your FLY Account, (ii) a detailed description of what Unauthorized Transaction or Error you believe occurred, or what information you need in order to determine if an Unauthorized Transaction or Error occurred, and (iii) the amount in U.S. Dollars of such Unauthorized Transaction or Error. Note that in connection with investigating and/or resolving any Unauthorized Transaction or Error, we may need to request further information from you regarding the circumstances of the Unauthorized Transaction or Error. If you do not provide such additional information, it may inhibit our ability to resolve your issue or limit your rights under this Section 25. Steps FlyCoin Will Take Following Notification Once you have provided us with proper notification (including delivering all of the information set forth in the subsection above and responding to any requests for further information), we will investigate the potential Unauthorized Transaction or Error. We will typically be able to complete our investigation within ten (10) days, but may require up to thirty (30) days if your FLY Account is new (meaning your FLY Account has been active for less than thirty (30) days at the time we receive your notification). Sometimes, we may need more time in order to complete our investigation (up to thirty (30) days, or sixty (60) days for a new account). If we need to take more than ten (10) days to investigate your claim (or thirty (30) days for new accounts), we will provisionally credit your FLY Account with the amount of such Unauthorized Transaction or Error. Once we have completed our investigation, we will notify you of our decision within three (3) business days. If we determine that your claim of an Unauthorized Transaction or Error is valid and eligible, we will credit your FLY Account for the amount of the Unauthorized Transaction or Error, subject to the limitations set forth below. If we have already provisionally credited your FLY Account and determine that your claim of an Unauthorized Transaction or Error is valid and eligible, you will be allowed to keep such provisional credit. If we have already provisionally credited your FLY Account and determine that your claim of an Unauthorized Transaction or Error is not valid and/or eligible, the amount provisionally credited will be debited from your FLY Account. Regardless of the results of our investigation, we will send you an email explaining the basis for our decision. If you have any questions or concerns regarding our decision, you can request further information regarding the details that led to our decision. Errors We Discover If we discover an Error on our own that results in you receiving less than the amount of US Dollar funds to which you are entitled, we will rectify it by crediting your FLY Account with FLY corresponding to the difference. If we discover an Error on our own that results in you receiving more than the amount of funds to which you are entitled, we will rectify it by debiting your FLY Account with FLY corresponding to the difference. Your Liability for Unauthorized Transactions Your liability for Unauthorized Transactions and the amount FlyCoin will reimburse you is determined by how quickly you report it to us. If you tell us within two (2) business days after you learn of the compromise of your FLY Account or login credentials, you can lose no more than $50 if someone used your login credentials without your permission. If you do NOT tell us within two (2) business days after you learn of the compromise of your FLY Account or login credentials, and we can prove we could have stopped someone from using your FLY Account without your permission if you had told us, you could lose as much as $500. Due to these limitations, you should always keep a close eye on your FlyCoin account, push notifications, email receipts and monthly account statements that you receive from FlyCoin to make sure that such transactions are authorized or so that you can avail yourself of the full benefits of this Section 25.
26. Taxes FlyCoin will maintain a record of your transaction history, which you will be able to access through your FLY Account for purposes of making any required tax filings or payments, but it is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. This transaction history will include all transactions you complete with FlyCoin including tokenizing U.S. Dollars for FLY, redeeming FLY for U.S. Dollars, and transferring FLY. FlyCoin will make any tax withholdings or filings that we are required by law to make, but FlyCoin is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. As more fully described in this Agreement, FlyCoin will hold the U.S. Dollars or equivalent assets on behalf of Users in a Segregated Account or Accounts. FlyCoin, not the Users, will earn interest on the U.S. Dollars or equivalent assets in such accounts, and FlyCoin will surrender the established value of the FLY in U.S. Dollars upon valid redemption of the FLY in accordance with the requirements set out in this Agreement. FlyCoin and each User do not intend the tokenization of U.S. Dollars to result in a transfer of ownership of the U.S. Dollars to FlyCoin and FlyCoin may take the position that this arrangement constitutes a bailment or other arrangement by which FlyCoin holds the U.S. Dollars for the benefit of the Users pending valid redemption.
27. Indemnification; Release You agree to indemnify and hold FlyCoin, its affiliates, and service providers, and each of their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation or your use of the FLY Services. For the purpose of this Section 27, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this Section that are the result of the matters set out in this Section 27 and that may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication). “Indemnify” means to compensate someone for the harm or loss they may suffer. If you breach this Agreement or violate the law and it results in FlyCoin facing claims or expenses, you agree to cover those losses. If you have a dispute with one or more Users or third parties, you release FlyCoin (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute. If you have a dispute with anyone other than FlyCoin, you release us from liability associated with that dispute.
28. Limitation of Liability; No Warranty YOU EXPRESSLY UNDERSTAND AND AGREE THAT FlyCoin AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FlyCoin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE FLY SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE FLY SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE FLY SERVICES. We will not be liable for “exemplary damages” (often called punitive damages) or other indirect losses. So if we do something wrong that costs you $100, our potential liability is limited to that $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FLY SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE FLY SERVICES AND TERMINATE YOUR FLY ACCOUNT. THE FLY SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. FlyCoin, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FlyCoin MAKES NO WARRANTY THAT (I) THE FLY SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE FLY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. We cannot guarantee that FlyCoin is always going to meet your demands. As we grow we will likely add new services, change certain features and drop old features. We hope you are always happy with FlyCoin, but we can’t contractually guarantee you will be. FlyCoin will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner, but FlyCoin makes no representations or warranties regarding the amount of time needed to complete processing because the FLY Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This Section 28 gives you specific legal rights and you may also have other legal rights that vary from state to state.
29. Force Majeure FlyCoin shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances. This section allows our lawyers to demonstrate that not all legal terms are Latin. Some are French.
30. Arbitration This Section 30 applies only if your country of residence is the United States. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought, in an individual capacity only, and not on a class-wide or representative basis, in the courts specified in Section 39 without the posting of a bond), any dispute between you and FlyCoin related in any way to, or arising in any way from, our FLY Services or this Agreement (“Dispute”) shall be finally settled on an individual, non-representative basis in binding arbitration in accordance with the American Arbitration Association (“AAA”) rules for arbitration of consumer-related disputes (available from AAA on its website at www.adr.org), as modified by this Agreement, or in accordance with rules on which we may mutually agree; provided, however, that to the extent a Dispute is within the scope of a small claims court’s jurisdiction, either you or FlyCoin may commence an action in small claims court, in the county of your most recent physical address, to resolve the Dispute. Any arbitration will be conducted by a single, neutral arbitrator and shall take place in the county of your most recent physical address. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction. An arbitral decision is subject to very limited review by a court. This Agreement evidences a transaction involving interstate commerce, and therefore, the Federal Arbitration Act (“FAA”) applies to this Agreement, including the agreement to arbitrate set forth in this Section 30. FlyCoin and User each agree that the FAA, and not state law, shall govern whether a Dispute is subject to arbitration. If there is a dispute, it will be solved by a single, neutral arbitrator, and not in a courtroom.
31. Amendments FlyCoin may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the FLY Services after the initial posting of the revised User Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the FLY Services and terminate your FLY Account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement. If the revised Agreement includes a material change we will provide you with prior notice via our website and/or email before the material change becomes effective. For this purpose a “material change” means a significant change other than changes that (i) are to your benefit, (ii) are required to be made to comply with applicable laws and/or regulations or as otherwise required by one of our regulators, (iii) relates to a new product or service made available to you, or (iv) otherwise clarifies an existing term. As FlyCoin grows and offers new products and services, we will need to make changes to this Agreement. If we make a big change, we’ll let you know by email. You can always tell when this Agreement was last changed by checking the “Last Updated” date at the top of the Agreement.
32. Assignment and Third-Party Holders You may not transfer or assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise and any such attempted assignment shall be void, subject to the following exception. Sending FLY to an address will automatically transfer and assign to that Holder, and any subsequent Holder, the right to redeem FLY for U.S. Dollar funds so long as the Holder is eligible to, and does, register a FLY Account. Each Holder is subject to all terms of this Agreement as if a User including, but not limited to, the requirements to not transact with Blocked Addresses and not engage in Restricted Activities or Prohibited Transactions. We reserve the right to freely assign this Agreement and the rights and obligations of this Agreement to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our FLY Services and terminate this Agreement by contacting Support at and asking us to close your FLY Account.
33. Survival Upon termination of your FLY Account and this Agreement, all rights and obligations of the parties that by their nature are continuing will survive such termination.
34. Third Party Applications If you grant express permission to a third party to connect to your FLY Account, either through the third party’s product or through FlyCoin, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold FlyCoin responsible for, and will indemnify FlyCoin from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
35. Website; Third Party Content FlyCoin strives to provide accurate and reliable information and content on the FlyCoin website, but such information may not always be correct, complete, or up to date. FlyCoin will update the information on the FlyCoin website as necessary to provide you with the most up to date information, but you should always independently verify such information. The FlyCoin website may also contain links to third-party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by FlyCoin of any products or services. FlyCoin shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the FlyCoin website or in any Third Party Content. From time to time we might post helpful links or articles on our website, but you should investigate those sources on your own.
36. Limited License; IP Rights We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the the FLY Services solely for approved purposes as determined by FlyCoin. Any other use of the FLY Services is expressly prohibited. FlyCoin and its licensors reserve all rights in the FLY Services and you agree that this Agreement does not grant you any rights in or licenses to the FLY Services except for the limited license set forth above. Except as expressly authorized by FlyCoin, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the FLY Services, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the FLY Services may be terminated pursuant to this Agreement. “FlyCoin.com”, “FlyCoin”, and all logos related to the FLY Services are either trademarks, or registered marks of FlyCoin or its licensors. You may not copy, imitate, or use them without FlyCoin’s prior written consent. All right, title, and interest in and to the FlyCoin website, any content thereon, the FLY Services, and all technology and any content created or derived from any of the foregoing is the exclusive property of FlyCoin and its licensors. We grant you access to use our products and services, but we still own the intellectual property associated with these products and services.
37. Unclaimed Property If FlyCoin is holding on your behalf US Dollar funds corresponding to the FLY capable of redemption in your FLY Account, and FlyCoin is unable to contact you and has no record of your use of the FLY Services for several years, applicable law may require FlyCoin to report the corresponding US Dollar funds as unclaimed property to the applicable jurisdiction. If this occurs, FlyCoin will try to locate you at the address shown in our records, but if FlyCoin is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. FlyCoin reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law. If you haven’t logged into your account for a number of years and we are unable to get in touch with you, state law might require us to consider your FLY Account balance and the underlying US Dollar funds abandoned and we might then be required to transfer your FLY Account balance and the underlying US Dollar funds to your state.
38. Legal Compliance The FLY Services are subject to United States Export Administration Regulations, and, by using the FLY Services, you represent and warrant that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the FLY Services if (i) you are a resident, national or agent of Cuba, North Korea, Sudan, Syria or any other country to which the United States embargoes goods (“Restricted Territories”), (ii) you are on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals (“Restricted Persons”), or (iii) you intend to transact with any Restricted Territories or Restricted Persons.
39. Governing Law; Venue The laws of the Commonwealth of Massachusetts and applicable United States federal law, including the Federal Arbitration Action as specified herein, shall govern this User Agreement. Except for those disputes that shall be resolved in arbitration or in small claims court pursuant to Section 30, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts, provided that any claims or disputes shall be subject to the arbitration provisions set forth in Section 30. You agree with us that, if you are a consumer, the courts in the permitted region where you are resident will have non-exclusive jurisdiction.
41. State-Specific Disclosures Note that while FlyCoin is licensed in many states as a money transmitter, not all states in which we are licensed regulate virtual currency activity as money transmission. Additionally, certain of these states have required specific disclosures of this fact, which can be found below and/or on the Licenses page found at: https://www.FlyCoin.com/en/legal/licenses. Note that this Section 41 may be continuously updated with additional state-specific disclosures as may be required by the states in which we hold licenses and the date of last update will be reflected directly above. Alaska The Alaska Division of Banking and Securities does not currently regulate virtual currency (bitcoin) activity as money transmission (or otherwise). Colorado FlyCoin is licensed by the Colorado Division of Banking as a money transmitter. The Colorado Division of Banking does not license or regulate services related to virtual currency, including, but not limited to, transmission or exchange of virtual currency which may be conducted by FlyCoin. Hawaii The Hawaii Division of Financial Institutions does not currently regulate virtual currency (bitcoin) activity as money transmission (or otherwise). Kentucky FlyCoin is licensed by the Kentucky Department of Financial Institutions as a money transmitter, but such license does not cover virtual currency (bitcoin) activity. Louisiana FlyCoin is licensed by the Louisiana Office of Financial Institutions as a money transmitter. The Louisiana Office of Financial Institutions does not license or regulate services related to virtual currency, including, but not limited to, transmission or exchange of virtual currency which may be conducted by FlyCoin. Maryland The Maryland Department of Labor, Licensing and Regulation does not currently regulate virtual currency (bitcoin) activity as money transmission (or otherwise). Minnesota The Minnesota Department of Commerce does not currently regulate virtual currency (bitcoin) activity as money transmission (or otherwise). New York (1) Virtual Currency (bitcoin) is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections; (2) legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Virtual Currency; (3) transactions in Virtual Currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; (4) some Virtual Currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction; (5) the value of Virtual Currency may be derived from the continued willingness of market participants to exchange Fiat Currency for Virtual Currency, which may result in the potential for permanent and total loss of value of a particular Virtual Currency should the market for that Virtual Currency disappear; (6) there is no assurance that a Person who accepts a Virtual Currency as payment today will continue to do so in the future; (7) the volatility and unpredictability of the price of Virtual Currency relative to Fiat Currency may result in significant loss over a short period of time; (8) the nature of Virtual Currency may lead to an increased risk of fraud or cyber-attack; (9) the nature of Virtual Currency means that any technological difficulties experienced by FlyCoin may prevent the access or use of a customer’s Virtual Currency; and (10) any bond or trust account maintained by FlyCoin for the benefit of its customers may not be sufficient to cover all losses incurred by customers. Tennessee The Tennessee Department of Financial Institutions does not currently regulate virtual currency (bitcoin) activity as money transmission (or otherwise). If you have a complaint, first contact the Customer Support Team of FlyCoin Internet Financial, Inc. at 800-398-7172, if you still have an unresolved complaint regarding the company’s money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov. Virginia FlyCoin is licensed by the Virginia Bureau of Financial Institutions as a money transmitter, but such license does not cover virtual currency (bitcoin) activity. Wisconsin FlyCoin is licensed by the Wisconsin Department of Financial Institutions as a money transmitter, but such license does not cover virtual currency (bitcoin) activity. Questions? Concerns? Suggestions? Please contact Support at to report any violations of this User Agreement or to ask any questions regarding this User Agreement or the FLY Services.