Terms and Conditions (Kash 1.0)
This Terms & Conditions (hereinafter referred to as the Agreement), shall constitute a contractual relationship between Intellabridge Technology Corporation (hereinafter referred to as We, Us, Our or Kash) with its registered office at 2060 Broadway, Boulder CO 80302, and you (hereinafter referred to as You, Your). Please carefully read the terms and conditions of this Agreement and make sure You understand everything before You proceed as by accepting the terms and conditions of this Agreement You shall be bound by it. In the case You disagree with this Agreement in full or any part thereof as well as the new updated version of it, please immediately stop using the services provided hereunder.
Kash is one of the first Terraform Capital projects to receive audit funding to build an application sourced from Terra’s network features. Built by the Intellabridge Technology Corporation, a public company trading on the Canadian Securities Exchange, OTC, and Frankfurt exchanges, Kash is a front-end mobile application that is integrated with stable coins issued by Terra blockchain for remittance payments, Mirror for globally accessible investing, and Anchor for stable, high-yield savings. Kash uses a progressive web app (PWA) interface so that users on mobile devices can easily access Kash and store it on their home screen by simply logging in via Google, Facebook, Twitch, Discord accounts, or email. Kash utilizes third-party exchange APIs to allow users to convert specific tokens. Kash does not provide exchange services directly. For direct purchases of cryptocurrencies from our Partners - Ramp, Transak, and Prime Trust run services that require KYC. Providing new tokens requires integrating a third-party API with specific settings e.g. for fees. Consequently, Kash itself does not directly provide most of the Services that are accessible on our website to our users.
1. TERMS & DEFINITIONS.
Account means your profile in Application which grants you access to certain Services.
Application means a web application, located on the subdomain app.kash.io under the title “Kash”, or any other title designed as an online platform enabling its users, including You, to buy the Virtual assets from Kash.
Applicable law means the law of the United States of America and the law of the State of Delaware, USA.
Website means the website of Kash under the domain name “kash.io” located on the Internet at the following link https://www.kash.io/, through which, in particular, the Application is accessible for Kash’s users, including You, and through which Kash delivers the Services to its users, including You.
Services mean granting access to the Application, Website, or any services accessible and provided through such or other platforms, owned, operated, or provided by or on behalf of Kash, as well as any other services related to the services specified in this Paragraph, both referred to in the Agreement and those not directly specified herein, but by virtue of their nature arising out of the legal relationship between You and Kash developed based on this Agreement, and are necessary for the provision of the services directly referred to herein.
Virtual assets mean any items, including without limitation any digital and virtual assets and content, offered for sale through the Services, or which may be used as means of payment.
Order means a request by You to purchase Virtual assets from Us.
Promotions mean any contests, sweepstakes, or other promotions offered through the Services.
Registered User - means a user having the Account in the Application.
Effective Date means the date You accept the terms and conditions of this Agreement in one or more ways referred to in Section 2 of this Agreement.
Third-Party Social Media Service means Facebook, Instagram, Linkedin, Twitter, Medium, Discord.
Partner means a third-party Services provider, whose services appear available in the Application and on the Website for the User.
2. SERVICES AVAILABLE ON KASH.2.1 Digital Assets.
2.1.1 Savings accounts. You may deposit your crypto funds into a Kash account for a high-yield return powered by the Anchor protocol.
2.1.2 Checking accounts. You may transfer your assets between user accounts, receive discounts and reduced fees on the dashboard, become eligible for select giveaways, and receive other rewards.
2.1.3 Investment accounts. You may invest funds through the Mirror technology (information regarding this technology can be found here).2.2 Fiat Assets.
2.2.1 Checking accounts. You may transfer your assets between user accounts, receive discounts and reduced fees on the dashboard, become eligible for select giveaways, and receive other rewards.
2.3 Exchange. You may, through the Service, use the Exchange Services offered by Partner to exchange the fiat currency deposited in your End User Custody Account for Digital Currency (to the extent the funds deposited in your End User Custody Account are collectible and settled) or to convert any Digital Currency deposited in your End User Custody Account to fiat currency. Kash also offers you an option to exchange crypto from your self custody wallet.
2.4 Issuance of Cards. You may order a physical card that will be issued by a respectful Partner or third party. For more information please check which option is available in your region. Kash shall not be in any way held liable for any actions committed by the Partners or any third parties.
SERVICES AVAILABLE ON KASH MAY VARY DEPENDING ON THE JURISDICTION. MOST OF THE SERVICES AVAILABLE ON KASH ARE OFFERED BY RESPECTIVE THIRD PARTIES. KASH SHALL NOT BE LIABLE FOR ANY ISSUES OR MALFUNCTIONING THAT COME OUT OF SUCH SERVICES
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, including by creating an account therein
3.2.2 any other actions testifying to the effect that You have accepted the terms and conditions of this Agreement (check 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 account on social media.
4.3 By registering on the Application, or any other Our information system or 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 You access to, and use of, the Application, Website, Services or any content included therein.
4.5 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.
4.6 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.
4.7 Kash may at its sole discretion use commercially reasonable efforts to provide technical support for the Services.
4.8 Technical support will be determined exclusively by Kash and may be provided, including without limitation, by way of 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. 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.
4.9 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.
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:
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 Card plan
5.3.9 The number of logins
5.3.10 User location for regional targeted marketing
5.4 You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Services or a Third Party Social Media Service.
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 charges 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 or Virtual assets.
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 on the Terra protocol. More details regarding fees are here.
6.4 User deposits USD and it is automatically exchanged to UST.
6.5 User deposits USD and gets USD and then needs to click on the Exchange button to exchange USD to UST in both cases there is a 10 day hold period for Pull ACH and a 2-day settlement for Push ACH, so on the Checking account, we show the $20 UST deposited as a separate line in the Checking account with some “pending” icon which when clicked on gives the User some info about the pending status (for example:) Your deposit is currently pending. Since the transfer was made 4 days ago, and it takes approximately 10 business days, you can expect the funds to be available in your Kash account on February 12, etc. The deposit also can be made in EUR or GBP. The list of available currencies may be extended.
6.6 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. For more details, please, follow this link.
6.7 Kash reserves the right to revise its prices for the Services any time prior to accepting an Order.
6.8 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.
6.9 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.
6.10 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.
6.11 To access and use the Services as well as buy the Virtual assets, You must provide one or more payment methods suggested by Us, including such as Visa, MasterCard, Affinity Card, American Express cards, Cryptocurrency (i.g. Ethereum (ETH), Terra (Luna), UST, etc.) or available online payment methods.
6.12 Our Application also allows linking third-party crypto wallets for alleviating the process of depositing crypto (MetaMask wallet, etc.).
6.13 We engage third-party payment providers and use their services to process and/or accept the payments due to Us. Please note, that payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of the Services or Order.
6.14 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.
6.15 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.
6.16 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.
6.17 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.
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, including for the Services provided on an advance-payment basis.
7.2 Virtual assets transactions, and, particularly cryptocurrency transactions are designed to be irreversible. Consequently, 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 and Our REFUND POLICY 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 will apply.
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 and know-how, and other intellectual property rights to the 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 sublicence, offer for sale or sell, create derivative works from, or use, except as explicitly specified in this Agreement, the Website, or any other content or information or any part thereof accessible, contained on or obtained from or through the Services.
10.4 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, 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, sending, or otherwise transferring 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.
10.5 If You violate this Agreement or are engaged in any fraudulent or illegal use of the Services, or otherwise fail to 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.
10.6 This clause shall not cover any activity concerning the issuance of NFT tokens.
11. PERSONAL DATA.
12. WARRANTIES & REPRESENTATIONS.
12.1 The Services and any content accessible through them are delivered to You on an “as-is” basis and without warranties of any kind, expressed or implied, guarantees or conditions concerning such use of the Services.
12.2 You have to understand that use of the Services hereunder is at your sole risk and that such the Services may not be, in particular, error-free or uninterrupted. You waive all indirect, consequential, and special, damages against Kash as well as You hereby disclaim all warranties and conditions with respect to the Services, either express, implied, or statutory, including without limitation, the implied warranties and or conditions of satisfactory quality, of accuracy, of noninfringement of third-party rights.
12.3 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.
12.4 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 Trust, 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 violate Your rights and legitimate interests, as well as does not in any way restrict Your legal capacity entry into this Agreement in no way infringes the rights, freedoms and legitimate interests of third parties. You have the legal right to use any credit or debit cards or other 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, is accurate, true, and complete 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
13. LINKS TO OTHER WEBSITES.
13.1 Kash does not monitor or review the content of Third Party Social Media services, third parties websites, and services accessible through the use of the Services, Application,s or Website even if these websites and services are linked to them as well as Kash has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services.
13.2 You further acknowledge and agree that Kash shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services, owned or controlled by our Partners. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit, or to which you have received access. You may find more details in the table below regarding our Partners’ services provided, policies, matters, and regulations:
|Prime Trust||United States of America|
API integration allowing next services
|Transak||Enables exchange service through dedicated widget||transak.com/terms-of-service|
|Ramp||Service for fiat to crypto exchange through a ramp’s widget||ramp.network/terms-of-service/|
|Plaid||USA||Via access to a Plaid API Kash enables withdrawn of funds from the accounts.||plaid.com/legal/||Plaid, B.V. is included in the public register of the Dutch Central Bank (License number: R179714|
However, the table may be changed in the future, therefore, keep checking updates.
14. ENFORCEMENT ACTIONS.
14.1 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.
14.2 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 targeted at restoring Your violated rights and or legitimate interests.
14.3 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:
14.3.1 lock, cancel, suspend or restrict Your access to the Services, Website, including any parts or elements thereof, for any period specified by Kash
14.3.2 lock, cancel, suspend, restrict or otherwise interfere with Your transmission of information or any other content performed through the Services
14.3.3 lock, cancel, suspend or restrict in any other way Your access to Your personal account on the Website or within any other information system operated by Kash if any list of the enforcement actions defined in this Section is not exhaustive
14.3.4 and We 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.
14.4 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.
15. LIMITATION OF LIABILITY.
15.1 Notwithstanding any damages that You might incur, the entire liability of Kash and any of its suppliers 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 or 100 USD.
15.2 Except for the cases when the actions or omissions of Kash are an intentional breach of the Agreement, the latter shall not be liable for problems with the operation of the Website caused by technical problems, actions of other users who use the Website, or any of their services, failure to perform or improper performance of obligations to grant access to use Website or technical support due to technical or force majeure circumstances, for any damage caused by the use of the Services, in particular damage caused by non-compliance with Kash’s instructions.
16. STATUTORY COMPLIANCE.
16.1 You represent and warrant that You will comply with all the requirements provided for by applicable law as well as the law of the country where You are a resident, necessary to have access to and use the Services.
16.2 You also represent and warrant that You are not located 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.
16.3 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.
16.4 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.
17. ENTIRE AGREEMENT.
17.1 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.
17.2 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.
18. GOVERNING LAW & DISPUTES.
18.1 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.
18.2 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 first try to resolve the dispute informally by contacting Kash. You may only resolve disputes with Kash on an individual basis.
18.3 You undertake not to bring or participate in any class, consolidated, or representative action against Kash or any of its affiliates or employees.
19. AGREEMENT CHANGES & ASSIGNMENTS.
19.1 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.
19.2 Such alterations, additional terms, and conditions will be effective immediately and incorporated into this Agreement.
19.3 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.
19.4 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. If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes 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, including without limitation, its associated rights, and obligations.
19.5 Kash does not require any of Your 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.
20.1 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.
20.2 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.
20.3 Also, be advised that access to the specific Services provided by our Partners may be restricted without explanation due to the circumstances set forth below: incompliance with Partner’s policies, KYC procedures, suspicious and fraud activity, etc.
20.4 In case of occurrence of any form of access restriction or impediments to the use of our Application, please, contact our Technical support for instructions.
21. WAIVER, SURVIVAL & INCONSISTENCY CLAUSE.
21.1 Except as provided herein, the failure to exercise a right or to require performance of an obligation 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 a breach constitute a waiver of any subsequent breach.
21.2 If for any reason any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of other provisions hereof shall remain unaffected. If the provisions of this Agreement are inconsistent with the provisions contained in Policy, any other rules or document referred to in this Agreement, the provisions contained herein shall control to the extent necessary to resolve such inconsistency.
If Kash provides a translation of the English language version of this Agreement, the English language version of this Agreement will control if there is any conflict.
22. MISCELLANEOUS AND CONTACTS.
22.1 This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.
22.2 KASH CONTACT DETAILS
585 Glenwood Avenue Menlo Park, California 94025, United States