By registering an Account and/or accessing or using the Services, you agree to abide by these Terms. Your consent may be confirmed, in particular, by ticking the appropriate box during the registration of the Account. If you do not agree to abide by these Terms, please do not access and use the Services.
1. Our Services
KAIF application is a mobile application that gives its users an easy-to-use tool to influence the future of their favorite companies, organizations, sports clubs or other teams.
Upon the registration of the account in our App, you may use various Services, including but not limited to, purchasing of KAIF Tokens; purchasing of digital assets, merch items and Fan Tokens; participation in the Club DAO (decentralized autonomous organization); receiving information on the favorite clubs; access digital content, etc, in accordance with the provisions of these Terms (including other accompanying documents).
We reserve the right to change the functionality of the App at any time, without notice to Users. If the new functionalities of the App are not regulated by the Terms, they fall under the principle of "as is" and are regulated by the Terms to the extent that can be applied to them.
2. Who can use the Services
You must be at least 13 years of age to access or use our Services.
Children. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services, including all financial charges.
Your representations and warranties. You are entitled to use our Services only if you represent and warrant that you are have the full legal capacity to enter into transactions using our App and are responsible for your actions in connection with the use of the Services. You further represent that you are legally permitted to use Services in your jurisdiction including owning cryptographic tokens and interacting with the Services in any way.
3. The Registration of the Account
If you want to use certain Services, you have to create an account ("Account") by registering your MetaMask wallet and following the appropriate instructions in our App. You shall provide the Company with true, accurate, current and complete information about you, which may include without limitations, your name and email address. The Company has the right to request additional information and documentation as necessary, including in the event of any suspicious activity on your Account. You may not have more than one Account, and any additional Accounts created by a single user may be terminated or suspended by us, with or without notice and without any liability whatsoever, at our sole and absolute discretion. You shall personally use your Account, and you shall not transfer your Account or provide access to your Account to any third person without our prior written consent.
Representations and warranties. Registering the Account, you represent and warrant that:
- You are at least 18 years old and have reached the age of majority in your country of residence;
- You are not a resident, not acting on behalf of and/or in favor of a resident of the Restricted territories: USA, and USA related territories, territories temporarily occupied by Russian Federation (such as Crimea, Abkhazia, South Ossetia, so-called Pridnestrovian Moldavian Republic, Donetsk People's Republic, Luhansk People's Republic, etc.), countries subject to United Nations, European Union, UK Treasury and US Office of Foreign Assets Control sanctions lists, and other countries, where transactions related to digital assets are banned by the government or require registration and licensing by competent public authorities;
- You will not use the Services for illegal purposes or suspicious transactions, including, but not limited to, transactions directly or indirectly related to terrorist financing, fraud, corruption and circumvention of sanctions restrictions;
- The information provided by you is true, current and complete.
Account security.You are responsible for maintaining the confidentiality and security of your Account data and cannot disclose your credentials (including passwords) to third parties. You understand that any disclosure of your data may expose your Account to unauthorized access by third parties, which may result in the loss or theft of your digital assets. The Company shall not be liable for any damage or loss arising from unauthorized access to your Account. In the event of unauthorized use of your Account, you must notify us immediately as soon as you become aware of such use, or if there is a reasonable suspicion of such use. You can report any security breach to our support team at [email protected]
Membership Area ("MA") - a separate functionality of the App through which a user can purchase KAIF Tokens before listing on the exchange or after on the conditions determined by the Company.
Users of MA. Person who has the right to purchase KAIF Tokens cannot be a citizen, resident of, or a person located or domiciled in the United States of America including its states and territories such as the District of Columbia, Puerto Rico, citizen, resident of, or a person located or domiciled in the People's Republic of China, any territories temporarily occupied by Russian Federation, or any other countries and territories, where transactions related to digital assets are banned by the government or require registration and licensing by competent public authorities including but not limited to: Afghanistan, Albania, Angola, Azerbaijan, Bosnia and Herzegovina, Bahamas, Barbados, Belarus, Burma, Botswana, Burkina Faso, Burundi, Cayman Islands, Cambodia, Cameroon, Crimea (Ukraine), Chad, China, Congo, Congo (Democratic Republic), Cuba, Ethiopia, Eritrea, Fiji, Palau, Ghana, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Jamaica, Jordan, Lao people Democratic Republic, Liberia, Libya, Madagascar, Malia, Mozambique, Nicaragua, Uganda, Nigeria, Korea North, Pakistan, Panama, Puerto Rico, American Samoa, Senegal, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, Uzbekistan, Vanuatu, Venezuela , Virgin Islands (United States), Yemen, Zimbabwe.
How to use the MA. In order to purchase KAIF Tokens, you need to have:
- the crypto cold wallet;
- visa debit card for IMA account;
- a legal ability to buy and hold KAIF Token;
- pass KYC;
- deposit at least 100 U.S. dollars.
If you want to purchase KAIF Tokens before the listing of KAIF tokens on the exchange, please contact our technical support at [email protected] go through our legal process, as well as sign Simple Agreement For Future Tokens between you and the Company.
4. KAIF Tokens
In order to access our Services, you will need some KAIF Tokens.
KAIF Token is a native token of the Platform, which is distributed by the Company through the BNB Chain and which provide its owner with the access to our Services (e.g. purchasing of digital assets, merch items and Fan Tokens, receiving information on the clubs; access digital content, etc).
Please note that KAIF token do not confer investment or credit rights. You will not become part of our shareholders or have any corporate right over the Company or its products. You shall not have expectations of earnings over our products. If you buy our tokens, assuming that you will be able to resale these at a higher price, you are mistaken. Even though you may probably trade the KAIF Tokens in open markets or peer-to-peer, you expressly acknowledge that these can be worthless outside our App.
5. Tokens and DAO Governance
The Platform allows users to acquire Fan tokens of different clubs and participate in Club’s DAOs. The process of participation of the users in the DAO is governed by the respective DAO Constitution which can be found here [KAIF Constitution].
6. Transactions and Fees
If you purchase or sell the KAIF Token or Fan Token via the App, any such transaction will be conducted solely through the BNB Chain network or other networks. The Company will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. With that in mind, the Company will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App, the BNB Chain network or other networks.
Please note that a blockchain network requires the payment of a network fee (a "Gas Fee") for every transaction that occurs on the network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App.
In addition to a Gas Fee, you authorize us to collect a commission of ____% of the total value of the transaction. You acknowledge and understand that you will be solely liable for any fees, costs, deductions or expenses associated with your transactions. You are also solely responsible for reporting and paying value-added and other taxes applicable to your transactions under the laws applicable to you.
7. Acknowledgment and Assumption of Risks
You understand and acknowledge that tokens and Blockchain-based technologies are not exclusively controlled by the Company. The purchase of KAIF Tokens and Fan Tokens, as well as participation in the Club DAO carry with it a number of risks. So, you should carefully consider the risks listed herein. If any of the following risks are unacceptable to you, you should not purchase tokens and participate in the Club DAO.
- 1.Third-party services providers: We are not responsible for losing funds using a third-party payment processor, wallet provider, crypto exchanges, etc.
- 2.BNB Chain: An important part of our App, which enables user transactions, is deployed over Binance decentralized infrastructure (BNB Chain). Nowadays, BNB is a strong community but is a decentralized third party, and we don't have any control over it. Our technical team will evaluate the BNB Chain status constantly. We reserve the right to migrate the Tokens from the BNB protocol to any other protocol that may or may not currently exist for any reason. If migration takes place, your tokens will be replaced, and your wallet address may change. The previous tokens will no longer receive support.
- 3.Decentralized services: our App may adopt other decentralized protocols for transactions, payments, and analogue services. As set above, our technical team will constantly evaluate these protocols, smart contracts, etc. Still, there are certain risks associated with this kind of service that we cannot control because they are decentralized. As a user, you are aware of those risks and accept that the Company is not responsible for the features performed by decentralized services.
- 4.Your security measures: for keeping your digital assets secure, you must adopt several security measures, for example, providing a secure password, and keeping in secret your private key and password. If you fail to protect your cybersecurity, the Company is not responsible for any loss, security breach, etc.
- 5.User skills: Before you acquire any KAIF Token or Fan Token, you should have a piece of minimum knowledge of their functionality. If you do not have sufficient knowledge about this topic, please do not install our App until you learn basic user skills. You can read our blog or contact our team for further information.
- 6.Tokens transactions: we do not control tokens trading at marketplace. You are aware that the transactions are irreversible
- 7.KYC (know your customer) procedures: We reserve the right to conduct due diligence procedures for our users. It may involve identity verification, the origin of the funds, and any other measure required by relevant law. If you refuse to collaborate with us in such procedures, we will cancel your access. If you purchase a high amount of tokens, we reserve the right to conduct intensified due diligence procedures. Also, if we identify that you are buying tokens for illicit purposes, we will take suitable legal actions.
8. Code of Conduct
You may only use the Services for lawful purposes. You will not violate any applicable laws, regulations, Terms, intellectual property or other third-party rights. You are solely responsible for your conduct while accessing or using our Services.
You agree that you shall not do and shall not help, encourage or allow others to:
(ii) engage in any harassing, threatening, intimidating, predatory or stalking conduct;
(iii) take any action that could damage, disable, overburden or adversely affects the operation or proper functioning of the Services in any manner, including downloading a virus, worm, or Trojan horse, or any other dangerous code;
(iv) infringe the intellectual property rights of the Company, including copying the Platform or any individual element of the Platform, design, trademark, logo or other proprietary information, without the written consent of the Company;
(v) reverse engineer, decrypt, decompile, disassemble, or in any way access or attempt to access the source code of the Website or test the vulnerability of the Services or to breach any security measures, regardless of your motives and/or intent;
(vi) evade, circumvent, delete, deactivate, decipher or otherwise attempt to circumvent any computer network, passwords, or any technological measures taken by the Company to protect the Services;
(vii) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
(viii) use more than one (1) account per one (1) person;
(ix) use any bots, robots and other automated software while using the Services, including, but not limited to, in order to complete certain tasks, achieve any rewards, meet applicable requirements, spam or abuse the Services; and
(x) use incentivised (motivated) traffic through or in relation to the Services and their functionality, meaning using the practice of rewarding and paying users or other third persons for completing certain tasks and performance of requirements.
In case of (a) any violation of these obligations, outlined above, (b) these Terms or any applicable laws and regulations, or (c) your failure to perform the respective requirements and conditions established by us in connection with your use of the Services or functionality related thereto, such as, for example, completion certain tasks, we reserve the right at our sole and absolute discretion (i) to terminate your use of our Services, as well as suspend, block or delete your Account; (ii) to deprive you of a certain rewards due for the completion of the respective tasks through or in relation to the Services, or performance of certain requirements; or (iii) take other actions which we deem appropriate. Please note that we may, in particular, at our sole and absolute discretion, and you hereby expressly authorize us to withdraw the respective amount of KAIF Tokens or other virtual assets, or other rewards obtained by you as a result of or in connection with the violation of these Terms, from your balance.
In order to ensure the compliance with these Terms and the terms of the certain tasks, we may from time to time conduct various actions or implement various tools that may allow us to verify the same. For instance, we may use CAPTCHA solutions or other solutions that help us to differentiate humans from bots and to protect the Services from spam and abuse by keeping automated software out thereof, or we may automatically verify if you have completed a certain specific task. You are obliged to cooperate with us regarding the matters outlined in these Terms. If we determine that you violate these Terms or the terms of the applicable task, we reserve the right, at our sole and absolute discretion, to take any actions outlined in the foregoing paragraph of this Section 8 with or without notice to you and without any liability whatsoever.
Any KAIF Tokens or other virtual assets, funds or rewards misappropriated or obtained as a result of or in connection with the violation of these Terms or intended logic of the Services, including any interference in the operation of the Services or their components or any attack on the Services or users, shall be considered immediate property of the Company, and any transactions, operations, actions, and activities related to the foregoing shall be considered null and void ab initio.
9. Intellectual Property
The content of the App and our Services (including its text, graphics, images, illustrations, designs, videos, logos, icons, fictional characters, sound recordings, software and other elements) is the intellectual property of the Company, its subsidiaries or affiliated companies, and protected by copyright, patent, trade secret and other intellectual property rights.
The Company hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App and the Services. This license is provided for your personal, non-commercial use only.
Such license does not include any right to: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly display any part of our Services; (c) modify any part of our Services, remove any proprietary rights notices; (d) reverse engineer or attempt to extract the source code of that software.
Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Availability of the Services. Due to the peculiarity of the Internet, we cannot guarantee uninterrupted and flawless access to the Services. You acknowledge that the Company reserves the right to restrict access to the Services or certain functionality at any time, if this is necessary. The Company shall not be liable in case of unavailability of any service, whether caused by the Company or by any third party, or force majeure.
Security and viruses. Any use of the Internet can be subject to a virus attack. The Company shall not be liable for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malicious software that may affect your systems, computer or other equipment. We recommend that you always use reliable virus screening and prevention software. You should also be careful when reviewing text messages and emails purporting to be from the Company to avoid phishing and viruses.
11. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY, ITS OFFICERS, EMPLOYEES, DIRECTORS, PARTNERS, OR AGENTS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We shall not responsible for the operation of any software, the presence of viruses or other elements of malicious code, dangerous or destructive files that may spread or otherwise affect your software and hardware as a result of access to or use of the Services.
If applicable law does not permit the full or partial limitation of the above liability to you, the limitations will apply to you only to the extent permitted by applicable law. You understand and agree that when using the Services, you are obliged to comply with all relevant laws of your resident country.
You hereby agree to indemnify the Company for any damages, costs, including without limitation, reasonable legal and accounting costs associated with any claims or disputes of any person against the Company, its affiliates or subsidiaries, and officials, directors, employees and agents arising out of or in any way connected with: (a) any your violation of these Terms, including your violation of any representations, warranties, or obligations under these Terms; (b) your wrongful or improper use of the Services; (c) any other party’s access or use of the Services with your information.
These Terms are valid as long as you continue to use the Services. You may terminate the Terms by deleting your Account. We reserve the right immediately, without notice, to suspend or delete the Account in case of your violation of applicable laws, obligations under these Terms, or the rights of third parties, or if we reasonably believe you have committed fraud, negligence or other misconduct.
Upon termination of the Account in accordance with the above provisions, you will not have access to our Services and your Account information, and you acknowledge that the Company will have no obligation to maintain any such information in the relevant databases. Also, you will not have the right to refund or reimburse Tokens you have acquired from us.
14. Applicable law and dispute resolution
These Terms are governed by laws of England and Wales. All disputes that may arise in connection with these Terms must be resolved through negotiations. You agree that in order to resolve disputes between you and the Company, an effective and mandatory method of negotiations is communication with authorized persons of the Company to the e-mail address [email protected]
If we are unable to agree on the subject matter of the dispute within thirty (30) days, any dispute, disagreement or claim arising under these Terms shall be settled by the International Arbitration and Cryptography Centre Limited (IACC). The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language of the arbitration shall be English. The hearings will be held online in accordance with IACC Rules.
16. Links to Third Party Websites
The Platform may contain links to third-party websites and services. Please note, their presence does not mean that they are recommended by the Company. The Company does not guarantee their safety and conformity with any of your expectations. You should therefore note you click on external links at their own risk and the Company cannot be held liable for any damage or loss, or any other impact, directly or indirectly resulting from the use of any content or goods available on or through any such third-party websites and services.
17. Change of Terms
We reserve the right to change these Terms and other document of the Company at any time in accordance with this paragraph. If we make changes to these Terms, we undertake to publish the updated Terms on the Platform and indicate the date of the "latest version" at the beginning of these Terms. If you do not agree with the amended Terms, you may immediately terminate the agreement with us by ceasing to use our Services. If you continue to use our Services, these Terms will go into effect immediately, and your continued use of the Services will confirm the acceptance of such updated Terms. Please check this page periodically to make sure you agree with the changes.
18. Our contact information
Actual date: May 24, 2023