App Terms and Conditions
Welcome to Kash! These Terms & Conditions (hereinafter referred to as the “Agreement”), shall constitute a contractual relationship between Intellabridge Technology Corporation (hereinafter referred to as Company, We or Kash) with its registered office at 2060 Broadway, Boulder CO 80302, and you (hereinafter referred to as User, You).
The following terms and conditions, together with any documents or additional terms expressly incorporated by reference (collectively, these Terms and Conditions”), govern your access to and use of, including any content, functionality, and services offered on or through, the Kash platform.
By using the Kash platform, you represent and warrant that you are the legal age of majority under the applicable law to form a binding contract with Kash.
You will only use the Kash platform for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all the applicable laws that apply to you. If your use of the Kash platform is prohibited by applicable laws, including if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions or trading prohibitions implemented by Canada, U.S. or other countries, then you are not permitted to access or use the Kash platform. If you do not meet all of these requirements, you must not access or use the Kash platform.
What does Kash do?
Kash is a non custodial provider of data aggregation services.
Kash is a front-end application that is integrated with stable coins issued by Ethereum blockchain. Kash uses a progressive web app (PWA) interface so that users can easily access Kash on mobile devices and store it on their home screen page simply by logging in via Google, Facebook, Twitch, Discord accounts or email.
Via Kash Application Users can obtain a list of Services. Consequently, Kash itself does not directly provide most of the Services that are accessible via the Application to their Users and engages third parties - Partners, to provide support and implementation of all Services available via the Application.
Providing Services requires integrating a third-party API with specific settings. But, we assure that all of our Partners are reliable and run services that require KYC.
Please, read this Agreement carefully to know more details about Services and opportunities that can be opened to You via our Application.
1. TERMS & DEFINITIONS.
Account means your profile in Application which grants you access to certain Services.
2. SERVICES AVAILABLE ON KASH.
2.1. Kash is a Decentralized Finance (DeFi) product which is designed to address the “tech for good” market opportunity.
2.2. The Services available via Kash:
Base account. You may transfer your crypto assets between user accounts, receive discounts and reduced fees on the dashboard, become eligible for select giveaways and receive other rewards.
Base account can be used by User for transferring or replenishing crypto assets in Kash. From this account the User can distribute crypto assets, for example, by transferring them to another User`s Base account in Kash, to another platform etc.
2.3. SERVICES AVAILABLE ON KASH PLATFORM MAY VARY DEPENDING ON THE JURISDICTION AND THE LIST OF PARTNERS ENROLLED BY KASH, AS THE MOST OF THE SERVICES AVAILABLE ON KASH ARE OFFERED BY RESPECTIVE THIRD PARTIES.
2.4. Please note, that Kash is neither a broker, financial institution, creditor nor any other similar entity as well as does not provide any financial, similar or related services, nor a cryptocurrency trade platform or crypto exchanger.
3.2. The Agreement shall be deemed to have been executed upon the moment You accept this Agreement which may be performed, in particular, by:
3.2.1. commencement of actual use of the Services and Your registration on the Website, in the Application or within any other Our information system;
3.2.2. any other actions testifying to the effect that You have accepted the terms and conditions of this Agreement (for example, tick in a pop-up consent form).
4.1. This Agreement governs and applies to your access to and use of the Services. The Services referred to in this Agreement may be provided upon the condition of the User’s registration.
4.2. The registration procedure is obligatory to obtain access to and use the Services hereunder. You have to register within the Application by signing in via your social media Account or email.
4.3. By registering in the Application, any other Our information system and using the Services hereunder You will become a Registered User.
4.4. If you provide any false, inaccurate or incomplete information or if Kash considers that there are reasonable causes to doubt the accuracy, integrity or truthfulness of such information, Kash may deny or restrict Your access to, and use of the Application, Website, Services or any content included therein.
5. USER ACCOUNT.
5.2. Where the registration procedure is obligatory to access the Services, You must create a personal Account on the Application or within any other Our information system.
5.3. When You create such a personal Account, You provide Us with information that is accurate, complete and current at all times. The types of information you share with us may include but not limited to:
5.3.3. Browser type
5.3.4. Signup date and timestamp
5.3.5. Last seen date and timestamp
5.3.7. Total account balance
5.3.8. The number of logins
5.3.9. User location for regional targeted marketing
5.4. You are responsible for safeguarding the password that You use to access the Account and Service and for any activities or actions under Your password.
5.5. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
6. PAYMENT & SETTLEMENTS.
6.1. Kash may charge You fees in the form of one-time or periodical payments for accessing and using the Services, as well as charge the fees for the Virtual assets, Orders in the form of one-time payments.
6.2. The relevant fees may be set and charged for all the Services as well as any portion thereof. Kash at its discretion may set the amount to be charged for the Services as well as for the Virtual assets by publishing the relevant information in the Application or Website, by providing links in the Application or on the Website to the sources through which the relevant information can be easily accessed by You, including, but not limited to, by email notification and in any other way which allows an unlimited number of persons, including You, to get acquainted with the amount to be charged for the Services, Virtual assets or Orders.
6.3. The processing of payment is not in any way subject to KASH's control. Therefore, Kash cannot guarantee any particular time frames or limits of any payments’ processing by third parties (Partners) inter alia the Ethereum blockchain.
6.4. The User’s Account may be the subject of status assigned to the terms of the above-mentioned conditions, as well as subject to the monthly fees (cl. 6.1.).
6.5. Kash reserves the right to revise its prices for the Services any time prior to accepting an Order.
6.6. The prices for the Virtual assets as well as for the Services may be revised by Kash after accepting an Order in the event of any occurrence affecting delivery caused by government action, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of Kash.
6.7. Unless otherwise provided for by applicable law, the fees set by Kash for the Services and the Virtual assets shall exclude any taxes, fees, other mandatory payments, expenses related to bank charges, currency exchange, purchase, sale and conversion fees as well as any other additional payments and expenses that may occur when paying for the Services and/or the Virtual assets.
6.8. Unless otherwise provided for by applicable law, You’re solely responsible for paying all the charges referred to in this Paragraph. All taxes and fees payable by Kash in relation to the income/profit received by Kash for the provision of the Services, as well as other taxes shall be executed under applicable law.
6.9. To access and use the Services as well as buy the Virtual assets, You must provide one or more payment methods suggested by Us.
6.10. Our Application also allows linking third-party crypto wallets for alleviating the process of depositing crypto (MetaMask wallet, etc.).
6.11. We engage third-party payment providers and use their services to process and/or accept the payments due to Us.
6.12. If technically possible, You may change or update the selected methods of payment for the Services and Virtual assets through Your personal Account in the Application or within any other of Our information systems, if any, or in any other way specified by Us.
6.13. We may also change or update the methods of payment for the Services and Order, and following such the change or update payments for the Services and Order will be made subject to the changed (updated) methods of payment.
6.14. In the latter instance, if the changed or updated payment methods differ from the previously used payment method, You must choose and specify a new method of payment. In the aftermath of any change or update of payment methods, We’ll keep charging the applicable payment methods.
6.15. Considering Kash does not operate or in any way affect the Orders execution, therefore, Kash in any case may not be responsible for any technical issues that occurred on our Partners’ behalf and consequences thereto.
6.16. At no time will Kash hold, access or transact in your virtual currencies or fiat. Kash does not have access to your wallets or private keys and cannot initiate a transfer of your virtual currency or otherwise access your virtual currency. Kash is not and will not act as a broker, agent, custodian or fiduciary on your behalf. Nor is Kash a regulated exchange or alternative trading system.
PLEASE NOTE THAT KASH IS NOT A BANK OR OTHER FINANCIAL INSTITUTION. ANY DEFINITIONS THAT ARE USED AND/OR DESCRIBED, MENTIONED IN THIS TERMS OR OUR SERVICES DO NOT APPLY TO THE BANKING INDUSTRY AND ARE NOT SUBJECT TO THE REGULATION OF BANKING LAW.
7. REFUND POLICY.
7.1. Any payments You make to access and use the Services are non-refundable, unless otherwise expressly determined by Kash or provided for by applicable law, including, but not limited to: Kash does not refund money for partially used or unused Services.
7.2. Virtual assets transactions, and particularly cryptocurrency transactions are designed to be irreversible, so You should keep in mind that it is not possible to reverse or cancel cryptocurrency transactions. Please, be aware and check all details of the transaction prior to approving it.
8. ORDER CANCELLATION.
8.1. We reserve the right to refuse or cancel Your Order, put it on hold and freeze the Account at any time for certain reasons including but not limited to:
8.1.1. Virtual assets availability errors in the description or prices for Virtual assets errors in Your Order
8.1.2. if fraud or an unauthorized or illegal transaction is suspected.
8.2. Any Virtual assets You purchase can’t be returned per this Agreement. For more details, please, go to Our REFUND POLICY (section 7) that forms a part of this Agreement.
9. PROMOTION AND MARKETING.
9.2. If the rules for a Promotion conflict with this Agreement, the Promotion rules shall prevail.
9.3. Also, marketing is an important part of our cooperation with Partners. It concerns mainly analytical marketing and is handled in compliance with applicable laws.
9.4. Kash may carry out advertising and marketing campaigns for the Services provided in conjunction with the Partners based on the licensing regulation with such Partners.
9.5. We want to warn You, that any information on any third-party resources shall be not deemed as an official position or statement of Kash unless it is explicitly stated in the Application.
10. INTELLECTUAL PROPERTY.
10.1. All copyrights, inventions, innovations, know-how, and other intellectual property rights to the Application, Website, any its parts or any content included therein and accessible through the Services, including without limitation, any texts, images, graphic designs, utility models, inventions, software, technologies, trademarks and others, are exclusively owned by Kash and its licensors.
10.2. To access and use the Services, Kash grants You a non-exclusive, limited, non-transferable, non-sublicensable, revocable license. Except as provided in this Agreement, You don’t obtain from Kash or other affiliates or persons acting on behalf of Kash any other rights, including without limitation, any related intellectual property or other similar rights.
10.3. You may not reproduce, archive, modify, distribute, display, publish, perform, license or sublicense, offer for sale or sell, create derivative works from, or use, except as explicitly specified in this Agreement, the Website, Application, any part of them and/ or any other content or information or any part thereof accessible, contained on or obtained from or through the Services.
10.4. If You violate this Agreement or are engaged in any fraudulent or illegal use of the Services, or otherwise fail with this Section, Kash may restrict or terminate your access to and use of the Services. Any transactions as to the Virtual assets while using the Services, do not entail any transfer (assignment) of any intellectual property, similar or related rights such the Virtual assets contain or embody.
11. PERSONAL DATA.
11.5. The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Kash platform. Users are required to ensure that all persons who access the Kash platform through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Kash platform, including content or areas of the Kash platform, may require user registration. It is a condition of your use of the Kash platform that all the information you provide on the Kash platform is correct, current and complete.
11.6. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Kash platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Kash platform.
11.7. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. you understand and agree that you should be provided an account, your account is personal to you, and you agree not to provide any other person with access to Kash platform using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
11.8. Third parties, not connected with Kash may seek to hold themselves out as being representatives of Kash, and attempt to access your virtual currencies or wallets, including without limitation, through requesting your private keys. Our representatives will not independently contact you or ask you to transfer to us your virtual currencies or private keys. you are solely responsible for the safety and security of your wallets, virtual currencies and private keys.
11.9. You are prohibited from attempting to circumvent or violate the security of Kash platform, including, without limitation : (a) accessing content and data that is not intended for you; (b) breaching security and/or authentication measures deployed to secure the Kash platform; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Kash platform; (f) using any robot, spider, aggregator, or other automatic device, process, or means to access Kash for any purpose, including monitoring or copying any of the material on Kash platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Kash platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Kash platform.
11.10. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. If we suspend your use of Kash platform, you may continue to access your wallets directly or through other services not hosted by us.
11.11. If You want to cease to use the Kash platform you may do so by ceasing to access and use Kash at any time. as Kash has no control over your wallets you may continue to access your wallets directly or through other services not hosted by us.
11.12. KASH: (A) MAKES NO GUARANTEE AS TO THE SECURITY OF ANY THIRD PARTY SITE, INCLUDING THE ETHEREUM NETWORK AND IS NOT LIABLE FOR ANY MALICIOUS ATTEMPTS TO COMPROMISE SUCH THIRD PARTY SITE, INCLUDING, WITHOUT LIMITATION, HACKS, DOUBLE SPENDING, FRONT RUNNING BY MINERS, STOLEN VIRTUAL CURRENCY, OR ANY OTHER ATTACKS; (B) IS NOT RESPONSIBLE FOR ANY HACKS OR MALICIOUS ATTEMPTS TO OBTAIN ACCESS TO YOUR WALLETS; AND IS NOT PARTY TO OR RESPONSIBLE FOR ANY ILLEGAL ACTIVITY OR USE OF VIRTUAL CURRENCY THROUGH THE KASH PLATFORM OR FOR ANY ILLEGAL TRANSFERS REQUESTED OR AUTHORIZED WITH YOUR WALLETS MADE VIA THE KASH PLATFORM.
YOU TAKE RESPONSIBILITY FOR ALL ACTIVITIES AND TRANSACTIONS THAT OCCUR IN CONNECTION WITH YOUR USE OF THE KASH PLATFORM AND YOUR WALLETS AND ANY AUTHORIZED OR UNAUTHORIZED ACCESS TO YOU WALLETS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE KASH PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR USE OF THE KASH PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBIMG, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE KASH PLATFORM OR ANY SERVICES, VIRTUAL CURRENCY, VIRTUAL CURRENCY RELATED SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE KASH PLATFORM, OR ON ANY WEBSITE LINKED TO IT.
12. RISKS OF DECENTRALIZED FINANCE AND VIRTUAL CURRENCIES.
Decentralized finance and virtual currencies are a novel, risky and rapidly evolving technology, which are largely unregulated and not insured. Insurance plans do not cover virtual currency. As a result, risks include, without limitation (together, the “Risks”):
- BUYING AND SELLING VIRTUAL CURRENCY IN INHERENTLY RISKY, AND THE PRICE OF VIRTUAL CURRENCIES IS SUBJECT TO SIGNIFICANT VOLATILITY AND CAN VARY ACROSS DECENTRALIZED EXCHANGES AND CENTRALIZED EXCHANGES;
- A BLOCKCHAIN’S GOVERNANCE CAN VARY AND IS BEYOND THE CONTROL OF KASH, WHICH COULD, AMONG OTHER THINGS, LEAD TO DELAYS, CONFLICTS OF INTEREST, OR OPERATIONAL DECISIONS THAT ARE UNFAVORABLE TO HOLDERS OF THE RELATED VIRTUAL CURRENCY;
- THE VALUE OF YOUR VIRTUAL CURRENCY COULD FALL SIGNIFICANTLY OR BECOME WORTHLESS IF PRICES DECLINE, EXCHANGE RATES (INCLUDING EXCHANGE RATES TO FIAT) BECOME LESS FAVORABLE, OR OTHER MARKET VOLATILITY EVENTS OCCUR;
- VIRTUAL CURRENCIES ARE NOT UNIVERSALLY ACCEPTED BY MONEY CHANGERS AND MERCHANTS AND MAYBE DIFFICULT TO EXCHANGE FOR FIAT OR TO USE TO PURCHASE GOODS AND SERVICES;
- PURCHASES AND TRANSACTIONS MADE WITH VIRTUAL CURRENCIES CANNOT BE CANCELED OR REVERSED;
- TRANSACTIONS USING VIRTUAL CURRENCIES COULD GIVE RISE TO TAXABLE EVENTS IN YOUR JURISDICTIONS;
- DECENTRALIZED EXCHANGES ARE, BY DEFINITION, NOT CONTROLLED BY A SINGLE COMPANY OR ENTITY, NOR ARE THEY REGULATED OR INSURED, AND YOU MAY HAVE NO RECOURSE TO A GOVERNMENTAL OR REGULATORY AUTHORITY IF YOUR TRANSACTION IS NOT PROCESSED IN THE MANNER OR AT THE PRICE YOU EXPECT;
- IF THERE IS AN ISSUE WITH THE PURCHASE, TRANSFER OR SALE OF YOUR VIRTUAL CURRENCY YOUR ONLY FORM OF REDRESS WILL BE TO ATTEMPT TO CONTACT YOUR WALLET PROVIDER OR DECENTRALIZED EXCHANGE WHICH MAY BE UNRESPONSIVE, UNABLE OR UNWILLING TO ASSIST;
- IF YOU TRANSFER YOUR VIRTUAL CURRENCY FROM YOUR WALLET TO ANOTHER DESTINATION USING THE WRONG NETWORK/BLOCKCHAIN OR YOU OTHERWISE LOSE THE ABILITY TO ACCESS YOUR WALLET OR SEED PHRASE, YOU WILL LOSE THE ENTIRE VALUE OF YOUR VIRTUAL CURRENCY AND IT WILL BE UNRECOVERABLE;
- THE KASH PLATFORM IS WHOLLY DEPENDENT ON THE VIRTUAL CURRENCY PRICING AND FEE INFORMATION MADE ACCESSIBLE BY THE DECENTRALIZED EXCHANGES AND DO NOT VERIFY OR GUARANTEE THAT ANY SUCH INFORMATION IS CURRENT, ACCURATE OR COMPLETE;
- THE KASH PLATFORM DOES NOT PROVIDE ANY ANALYSIS OR ADVICE ON WHETHER TO PURCHASE A VIRTUAL CURRENCY FROM A PARTICULAR EXCHANGE AT THE INDICATED PRICE OR WHETHER THE VALUE AND ASSOCIATED FEE IS APPROPRIATE;
- IF YOU ELECT TO LEND YOUR VIRTUAL CURRENCY, TO EARN INTEREST OR OTHER YIELDS, IF SUCH FUNCTIONALITY IS PERMITTED BY YOUR WALLET, DECENTRALIZED EXCHANGE OR UNDERLYING PROTOCOL, IT IS UP TO YOU TO DETERMINE THE RISKS OF SUCH LENDING BASED ON YOUR OWN RISKS VERSUS REWARDS STRATEGY, THE VIABILITY OF THE THIRD PARTY LENDING PROTOCOLS AND THE AMOUNT OF INTEREST OR YIELD THAT YOU COULD EARN, WHICH MAY VARY. LENDING WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE THIRD PARTY PROTOCOL, DECENTRALIZED EXCHANGE AND YOUR WALLET, WHICH YOU SHOULD CONSIDER AND UNDERSTAND PRIOR TO MAKING A TRANSACTION. LENDING IS WHERE YOU AGREE TO LOAN YOUR VIRTUAL CURRENCY IN RETURN FOR INTEREST PAYMENTS. IT TYPICALLY REQUIRES YOU TO GIVE UP CONTROL OF YOUR VIRTUAL CURRENCY.
- ANY OTHER RISKS THAT WE HAVE IDENTIFIES IN THESE TERMS AND CONDITIONS OR THAT ARE IDENTIFIED BY THE WALLETS, DECENTRALIZED EXCHANGES AND VIRTUAL PROTOCOLS THAT ARE MADE ACCESSIBLE VIA THE KASH PLATFORM.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY USE OF DECENTRALIZED FINANCE BY YOU WILL EXPOSE YOU TO THE RISKS (AS DEFINED ABOVE).
YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING THE RISKS AND HOW VIRTUAL CURRENCIES FUNCTION, INCLUDING WITHOUT LIMITATION: (A) BLOCKCHAINS, DECENTRALIZED EXCHANGES, AND WALLETS; AND (B) HOW VIRTUAL CURRENCY PURCHASES, SALES, TRANSFERS, CONVERSIONS AND INTEREST EARNING FUNCTIONS ARE INITIATED AND CALCULATED. IT IS SOLELY UP TO YOU TO OBTAIN THE NECESSARY EXPERTISE, TO SEEK PROFESSIONAL ADVICE WHEN REQUIRED, AND TO DO YOUR OWN RESEARCH. YOU UNDERSTAND AND AGREE THAT YOU, NOT KASH, ARE FULLY RESPONSIBLE FOR ANY ASSUMPTION OF THE RISKS BY YOU.
TO THE THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KASH DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF KASH PLATFORM OR ITS CONTENTS.
13. THIRD PARTY WEBSITES, BLOCKCHAINS AND APPLICATIONS.
The Kash platform provides links to third party sites, blockchains, including without limitation: (i) third party payment providers, such as Transak and Ramp that will enable you to purchase fiat or virtual currency (each, a “Payment Provider”, and together, the “Payment Providers”); (ii) the Ethereum and other blockchains; (iii) DeFi protocols; and (iv) Wallet providers (together, the “Third Party Sites”). As Kash is a provider of non-custodial data aggregation services only, your use of the Kash Platform and Third Party Sites is subject to the following:
- Kash makes no representations about any Third Party Sites that may be accessed from the Kash Platform or the prices of virtual currencies ascertainable on such Third Party Sites.
- if you choose to access any such Third Party Sites you do so at your own risk.
- Kash has no control over the contents of any such Third Party Sites and accepts no responsibility for such Third Party Sites.
- you are subject to any terms and conditions of such Third Party Sites, including the terms applicable to your orders, purchases, lending, staking or other transactions for virtual currencies, like Ethereum and fiat currencies. you will need to consider and review the terms and conditions of such Third Party Sites.
- neither Kash or its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors and assigns (each a “Kash Party” and together, the “Kash Parties”) has any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials available on the Third Party Sites or for any loss or damage that may arise from your use of them.
- any virtual currency transaction created with or sent to your wallet must be confirmed and recorded on the applicable blockchain, including for example, the Ethereum network. Transactions may take substantial time to be processed or not be processed at all. Kash has no control over the blockchain network or any virtual currency and therefore cannot and does not ensure that any transaction details you submit or receive via the Kash platform will be confirmed on the applicable blockchain.
- kash does not track or maintain a record of your transaction using the blockchains, and it will be your responsibility to keep a record of your transactions for regulatory purposes, such as taxation.
- Kash is not, and will not, be in a position to assist you with contacting Third Party Sites or other third parties or otherwise help you to recover lost virtual currencies or otherwise facilitate any cancellation or modification requests.
- The content on the Kash platform is provided for general information purposes only. it is not intended to amount to advice on which you should rely. You should obtain more specific financial or professional advice before taking, or refraining from, any action or inaction on the basis of the content of the Kash platform.
- We will use reasonable efforts to source the most up-to-date information obtainable from the Third Party Sites on the Kash platform, but as we are entirely reliant on third party information providers, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Kash platform is accurate, complete, or up to date or that the price suggested by the Kash platform and chosen by you is the best price at the time of your choice.
- Your use of the Kash platform is at your own risk.
YOU UNDERSTAND AND AGREE THAT YOU, NOT KASH NOR KASH PARTIES, ARE FULLY RESPONSIBLE FOR ANY THIRD PARTY SITES, AND YOUR USE OF SUCH THIRD PARTY SITES.
THE KASH PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE KASH PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, NEITHER KASH NOR THE KASH PARTIES REPRESENT OR WARRANT THAT THE KASH PLATFORM, ITS CONTENT, OR ANY SERVICES, THIRD PARTY SITES OR VIRTUAL CURRENCIES FOUND OR ATTAINED THROUGH THE KASH PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE KASH PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14. WARRANTIES & REPRESENTATIONS. DISCLAIMERS.
14.1. THESE CONDITIONS SHALL NOT LIMIT OR OTHERWISE AFFECT ANY OF YOUR NON-WAIVABLE RIGHTS AND WARRANTIES UNDER YOUR LOCAL LAWS IF THEY ARE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS OUTLINED IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
14.2. YOU HEREBY REPRESENT AND WARRANT THAT: YOU ARE AT LEAST 18 YEARS OLD AND THAT ALL THE INFORMATION RELATING TO YOUR IDENTITY AND CAPACITY PROVIDED TO KASH, INCLUDING DURING THE REGISTRATION PROCEDURE, IS ACCURATE, COMPLETE AND TRUE YOU ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS UNDER APPLICABLE LAW, ENTRY INTO THIS AGREEMENT DOES NOT IN ANY WAY VIOLATES YOUR RIGHTS AND LEGITIMATE INTERESTS, AS WELL AS DOES NOT IN ANY WAY RESTRICTS YOUR LEGAL CAPACITY, IN NO WAY INFRINGES THE RIGHTS, FREEDOMS AND LEGITIMATE INTERESTS OF THIRD PARTIES. YOU CONFIRM THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHODS IN CONNECTION WITH THE SERVICES ALL INFORMATION, REGARDLESS OF THE FORM (FORMAT) THEREOF, YOU SUPPLY TO US FOLLOWING THE TERMS OF THE AGREEMENT, THAT DURING THE USE OF THE SERVICES YOU WILL COMPLY WITH ALL APPLICABLE LAWS NECESSARY TO USE THE SERVICES, INCLUDING THE LAWS OF THE COUNTRY WHERE YOU’RE A RESIDENT.
14.3. KASH MAKES NO GUARANTEES REGARDING THE AVAILABILITY OF THE APPLICATION. WE ARE NOT RESPONSIBLE FOR CONSEQUENCES THAT MAY HAPPEN IF THE APPLICATION IS NOT AVAILABLE TO THE USER AT ANY TIME. IN ADDITION, KASH CANNOT GUARANTEE THAT THE APPLICATION WILL ALWAYS BE FREE FROM DESTRUCTIVE OR DEFECTIVE ELEMENTS. KASH DOES NOT REPRESENT OR WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ANY TIME AND IN ANY LOCATION YOU CHOOSE, OR THAT KASH WILL HAVE SUFFICIENT CAPACITY TO PROVIDE THE SERVICES GENERALLY OR IN ANY GEOGRAPHIC LOCATION.
14.4. USERS AGREE NOT TO HOLD OR ATTEMPT TO HOLD KASH AND ANY OF ITS PARTNERS LIABLE FOR ANY TECHNICAL PROBLEMS, FAILURES AND MALFUNCTIONS OF THE APPLICATION, COMMUNICATION, SOFTWARE FAILURES, PROBLEMS WITH ACCESS OR BANDWIDTH OF THE APPLICATION, HIGH DEMAND FOR INTERNET TRAFFIC, SECURITY BREACHES AND UNAUTHORIZED ACCESS, AS WELL AS OTHER SIMILAR PROBLEMS AND DEFECTS.
14.5. THE USER AGREES THAT KASH WILL NOT BE LIABLE IN ANY WAY IN THE EVENT OF FAILURE, DAMAGE OR DESTRUCTION OF USER`S COMPUTER SYSTEMS AS WELL AS FOR DELAYS, LOSSES, ERRORS OR OMISSIONS AS A RESULT OF FAILURE.
14.6. KASH DOES NOT REPRESENT OR WARRANT THAT THE USER SUPPORT SERVICE WILL PROVIDE AN UNINTERRUPTED OR ERROR-FREE OPERATION.
14.7. NOTHING IN THESE TERMS CREATES ANY OBLIGATION FOR KASH TO CONTINUE AND TERMINATE ANY BUSINESS OR OTHER RELATIONSHIP WITH USERS.
15. ENFORCEMENT ACTIONS.
15.1. You agree to use the Services, including all features and functionalities associated therewith pursuant to this Agreement, all applicable laws, regulations, rules, KYC procedure or other restrictions on the use of the Services or content therein.
15.2. You also may not use any spider, scraper, robot or any other automated means to access the Services; reverse engineer, decode, emulate, disintegrate, reverse engineer, restore or attempt to restore the source code or protocols of, decompile or disassemble Website, Application, software or any other content or processes or any part thereof accessible, contained on or obtained from or through the Services or perform engineering analysis for such purposes; insert product, code or manipulate the content of the Services in any way; circumvent, alter, degrade, deactivate, thwart or remove any of the content protections in the Services; or use any data gathering, data mining, or extraction method. In addition, you’re prohibited to post, e-mail, send, or otherwise transfer any material designed to destroy, interrupt or limit the functionality of any software or hardware or telecommunications equipment associated with the Services, including without limitation any software viruses or any other computer programs, files or codes.
15.3. You may notify Us of the fact of violation of Your rights and/or legitimate interests by Kash, other users or third parties if such violation occurred during the provision of the Services or use of the Website or Application.
15.4. To exercise such the right, You may notify Us in writing of the relevant fact of violation by email or otherwise using our contact details. When the notification is received, Kash, when applicable, may take reasonable measures to restore Your violated rights and/or legitimate interests.
15.5. If You violate any terms of this Agreement, including any warranties set forth herein, any appendixes hereto or any other rules and documents referred to in this Agreement, or fail to comply herewith in any other way, We may take against You, in particular, the following enforcement actions:
15.5.1. lock, cancel, suspend or restrict Your access to the Services, Website, Application including any parts or elements thereof, for any period specified by Kash
15.5.2. lock, cancel, suspend, restrict or otherwise interfere with Your transmission of information or any other content performed through the Services
15.5.3. lock, cancel, suspend or restrict in any other way Your access to Your personal Account in the Application, Website or within any other information system operated by Kash if any list of the enforcement actions defined in this Section is not exhaustive
15.5.4. may take any other enforcement actions We deem appropriate provided the adoption of such measures assists or is necessary for the protection of our or third parties’ rights and legitimate interests.
15.6. To ensure compliance by the parties with this Agreement, Kash reserves a right to monitor any transactions, any content or information performed, stored, transmitted or otherwise processed through the Application, Website, or in any other way in the process of providing the Services or performing the Agreement.
16. LIMITATION OF LIABILITY.
16.1. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL KASH OR THE KASH PARTIES WILL BE LIABLE FOR FRAUD, FRAUDULENT MISREPRESENTATION, WILFUL MISCONDUCT, PERSONAL INJURY, NEGLIGENCE, NEGLIGENT MISREPRESENTATION, DEATH ARISING FROM NEGLIGENCE, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON THE KASH PLATFORM, ANY LINKED WEBSITES, BLOCKCHAINS, APPLICATIONS.
16.2. Notwithstanding any damages that You might incur, the entire liability of Kash and any of its affiliates under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount paid by You through the Services for the period of 3 month and if no fees have been received by us from you, the sum of USD100.
17.1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kash and the Kash Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Kash platform, including but not limited to : (a) your use of Third Party SItes; and (b) any use of the Kash platform’s content, services, and products other than as expressly authorized in these Terms and Conditions; and (d) your violation of applicable law.
18. STATUTORY COMPLIANCE.
18.1. You represent and warrant that You will comply with all the requirements provided by applicable law as well as the law of the country where You are a resident, to have access to and use the Services.
18.2. You also represent and warrant that You are not located/registered in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and You are not listed on any United States government list of prohibited or restricted parties.
18.3. To comply with the requirements provided for by applicable law, the Parties will use reasonable efforts to obtain from competent authorities, local governments and other competent bodies and entities all necessary permits, licenses and approvals required by applicable law or necessary for the proper provision of the Services hereunder.
18.4. The Parties will use reasonable efforts to assist each other in the course of complying with the requirements of applicable law, including with regard to taxation, as well as submitting financial and other reports to the relevant regulatory and revenue bodies, including, but not limited to, by providing the relevant information, drawing-up and signing the necessary documents.
19. ENTIRE AGREEMENT.
19.1. This Agreement incorporates all agreements between Kash and You and documents by reference and is the entire agreement between Kash and You in regard to the scope of this Agreement.
19.2. This Agreement supersedes all prior or contemporaneous agreements, undertakings, representations or communications between Kash and You, whether verbal or written, in regard to the scope of this Agreement. Kash and You will not be bound by any provision, condition or term that is different from or in addition to the provisions, conditions, or terms of this Agreement.
20. GOVERNING LAW & DISPUTES.
20.1. This Agreement and the relationship between You and Kash, without reference to conflict law rules, shall be governed by and construed in accordance with Applicable Law.
20.2. You and Kash hereby irrevocably agree to the exclusive jurisdiction and venue of the Delaware courts for all disputes between You and Kash arising out of this Agreement or in relation hereto. Under all circumstances, If You have any concern or dispute about the Agreement or Services, You agree to try to resolve the dispute informally by contacting Kash first. You may only resolve disputes with Kash on an individual basis.
20.3. You undertake not to bring or participate in any class, consolidated or representative action against Kash or any of its affiliates or employees.
21. AGREEMENT, APPLICATION CHANGES & ASSIGNMENTS.
21.1. Kash is entitled at any time to alter, amend or otherwise modify this Agreement and any annexes hereto, including by adding new additional terms and conditions hereto.
21.2. Such alterations, additional terms and conditions will be effective immediately and incorporated into this Agreement.
21.3. You hereby undertake to constantly monitor all the alterations and modifications made in the Agreement which will be published by Kash in the Application or on the Website or otherwise disclosed to You, including by sending the relevant information to Your email address.
21.4. Your explicit and active consent with the statement in the pop-up and continued use of the Services shall be deemed acceptance of such alterations, additional terms and conditions. The scope of items and provisions that constitute a material change will be determined at Our sole discretion.
Kash at its sole discretion at any time may assign or transfer the Agreement with You to the third party/parties, including without limitation, its associated rights, and obligations.
21.5. Kash does not require any of Your prior consent to such an assignment or transfer provided the information about this is duly notified to You as referred to in this Section. You hereby undertake to assist and cooperate with Kash in relation to such an assignment or transfer.
21.6. Kash regularly updates the Website and Application, all the Services and all the content accessible through them. Kash also constantly tests and monitors various aspects of the Services, including without limitation, promotional features, user interfaces, availability of the Website, Application or any other content accessible through the Services.
22. TERMINATION & SURVIVAL.
22.1. We may at Our discretion immediately refuse to provide the Services and unilaterally terminate this Agreement as well as terminate or suspend Your Account without prior notice or liability, for any reason whatsoever, including without limitation if You breach this Agreement. If we suspend your use of the Kash platform, you may continue to access your wallets directly or through other services not hosted by us.
22.2. Upon termination, Your right to use the Services will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Services. As Kash has no control over your wallets you may continue to access your wallets directly or through other services not hosted by us.
22.3. Provisions that by their nature, should survive termination of these Terms and Conditions will survive termination, including, without limitation : this section, any obligation you have to pay Kash (if applicable), any obligation of you to indemnify us (Indemnification), any limitations on our liability (Limitation on Liability), any terms regarding ownership of intellectual property rights (Intellectual Property), governing law and terms regarding disputes between us.
23. WAIVER, SURVIVAL & INCONSISTENCY CLAUSE.
23.1. Except as provided herein, the failure to exercise a right or to require performance of a right under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of an obligation constitute a waiver of any subsequent obligation.
If Kash provides a translation of the English language version of this Agreement, the English language version of this Agreement will prevail if there is any conflict.
24. TECHNICAL SUPPORT.
24.1. Kash may at its sole discretion use commercially reasonable efforts to provide technical support for the Services.
24.2. Technical support will be determined exclusively by Kash and may be provided, including without limitation, via email email@example.com assistance. Kash is not responsible for providing technical support for any products, apps or services provided to You by any third party or Partner. Kash may render the Services in person or engage for such purposes any third parties contracted with Kash or related thereto in any other form. Kash may require Your consent to engage any third party to render the Services.
24.3. Also, please, note, that access to the specific Services provided by our Partners may be restricted without explanation and Kash is not responsible and has no ability to handle any of such a problem.
24.4. In case of occurrence of any form of access restriction or impediments to the use of Kash Platform, please, contact our Technical support for instructions via email firstname.lastname@example.org.
25. MISCELLANEOUS AND CONTACTS.
25.1. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.
KASH Contact Details
2755 Canyon Boulevard, Boulder, Colorado 80302, United States