Acceptance of the Terms and Conditions of Use
These terms and conditions of use for: (a) our website platform located at https://app.kash.io/ (the “Web Platform”) that is used to access decentralized virtual currency exchanges, decentralized finance protocols and other services that we may make available from time to time ( “Kash Platform”), constitute a legal agreement and are entered into by and between you (“you” and “your”) and Kash Corporation, operating as Kash (“Kash”, “we”, “us”, “our”). 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. If you’re agreeing to these Terms and Conditions on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms and Conditions on that organization or entity’s behalf and bind such entity or organization to these Terms and Conditions (in which case, the references to “you” and “your” in these Terms and Conditions, except for in this paragraph, refer to that organization or entity).
Age of Majority: By using the Kash Platform, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Kash.
Permitted Use and Compliance with Applicable Laws: 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 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 the Kash Platform Do?
Virtual Currency Price Aggregation Service: The Kash Platform enables access to Kash’s non custodial virtual currency price aggregation services solution that leverages peer-to-peer protocols that enables you to simultaneously search for and choose: (i) prices for certain virtual currencies across multiple decentralized exchanges that we may make accessible from time-to-time (each, a “DEX”, and together, the “DEXs”); and (ii) interest rates for borrowing and lending certain virtual currencies across multiple decentralized finance protocols (each, a “DeFi Protocol”, and together, the “DeFi Protocols”) . All transactions for the purchase, sale, borrowing, staking and lending of virtual currencies will occur using your virtual currency soft or hard wallets that are controlled by you and not provided by, or accessible to, Kash (each a “Wallet”, and together, the “Wallets”). When using the Kash Platform, you may direct the crypto assets in your Wallets to one or more DEXs and/or DeFi Protocols based on the pricing information aggregated on the Kash Platform.
The following high level descriptions are provided so that you will understand how these terms are used in these Terms and Conditions. However, these concepts are new and complex, and Kash is not responsible for educating you regarding virtual currency, blockchain, DEXs or DeFi Protocols. Users of the Kash Platform are expected to understand these concepts and have some experience trading virtual currency.
What is a Virtual Currency? For the purposes of these Terms and Conditions, virtual currency means: (a) a digital representation of value that can be used for payment or investment purposes that is not a fiat currency and that can be readily exchanged for funds or for another virtual currency that can be readily exchanged for funds; or (b) a private key of a cryptographic system that enables person or entity to have access to a digital representation of value referred to in paragraph (a). The application of existing legal and regulatory requirements to virtual currencies and the Kash Platform is rapidly evolving, and new legal and regulatory requirements may be promulgated in the near future. As a result, and to comply with all applicable law and regulations, Kash may at any time update the Kash Platform in ways that may impact your ability to use the Kash Platform, and we may add or remove virtual currencies that are accessible via the Kash Platform, with or without prior notice to you.
What is a Blockchain? All virtual currency transactions are recorded to a public ledger or “blockchain”. The blockchain may include information such as transaction amounts, Wallet addresses and the public keys of the sender and recipient.
What is a DeFi Protocol? A DeFi Protocol is an open source based protocol that will allow you, as a user, to create and participate in virtual currency financial transactions (like borrowing or lending) without the involvement of a centralized entity, like a bank or broker, using automated smart contracts to execute trades that are intended to run autonomously on a blockchain, such as Ethereum. Examples of DeFi Protocols are Compound, MakerDAO and Aave. A smart contract is a basic computer program or transaction protocol that automates the execution of pre-programmed actions on the blockchain. If you want to know more about how a particular DeFi Protocol functions and the potential risks please conduct your own research.
What is a DEX? A DEX is a decentralized exchange that allows you to conduct transactions in virtual currencies with other DEX users directly, without the need for a centralized entity, like a centralized crypto exchange controlled by one company. One of the aims of DEXs is to reduce transaction costs. Many DEXs use smart contracts to manage the transaction order book or otherwise enable users to participate in liquidity pools of virtual currencies. A DEX may have varying degrees of decentralization, and each may track or record transactions in a slightly different way. A DEX may also have its own governance token. A key characteristic of a DEX is that it should not hold the private key to your virtual currency. If you want to know more about how a particular DEX functions and the potential risks you should do your own research.
Kash is not a Decentralized Exchange, Broker, Agent, Custodian, Fiduciary, Exchange or Alternative Trading System: At no time will Kash or the Kash Platform 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.
Risks of Decentralized Finance and Virtual Currencies; Disclaimer
Risks: Decentralized finance and virtual currencies are a novel, risky and rapidly evolving technology, which are largely unregulated and not insured. Federal or provincial deposit insurance plans do not cover virtual currency. As a result, risks include, without limitation (together, the “Risks”):
- BUYING AND SELLING VIRTUAL CURRENCY IS INHERENTLY RISKY, AND THE PRICE OF VIRTUAL CURRENCIES IS SUBJECT TO SIGNIFICANT VOLATILITY AND CAN VARY ACROSS DEXS 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 MAY BE DIFFICULT 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 JURISDICTION;
- DEXS 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 DEX 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 ARE WHOLLY DEPENDENT ON THE VIRTUAL CURRENCY PRICING AND FEE INFORMATION MADE ACCESSIBLE BY THE DEXS AND DO NOT VERIFY OR GUARANTEE THAT ANY SUCH INFORMATION IS CURRENT, ACCURATE OR COMPLETE;
- THE KASH PLATFORM DO NOT PROVIDE ANY ANALYSIS OR ADVICE ON WHETHER TO PURCHASE A VIRTUAL CURRENCY FROM A PARTICULAR DEX AT THE INDICATED PRICE OR WHETHER THE VALUE AND ASSOCIATED FEE IS APPROPRIATE;
- IF YOU ELECT TO LEND OR OTHERWISE STAKE YOUR VIRTUAL CURRENCY, TO EARN INTEREST OR OTHER YIELDS, IF SUCH FUNCTIONALITY IS PERMITTED BY YOUR WALLET, DEX OR UNDERLYING PROTOCOL, IT IS UP TO YOU TO DETERMINE THE RISKS OF SUCH LENDING OR STAKING BASED ON YOUR OWN RISK V REWARD STRATEGY, THE VIABILITY OF THE THIRD PARTY LENDING OR STAKING PROTOCOL AND THE AMOUNT OF INTEREST OR YIELD THAT YOU COULD EARN, WHICH MAY VARY. LENDING OR STAKING WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE THIRD PARTY PROTOCOL, DEX AND YOUR WALLET, WHICH YOU SHOULD CONSIDER AND UNDERSTAND PRIOR TO MAKING A TRANSACTION. BOTH LENDING AND STAKING ALLOW YOU TO EARN VIRTUAL CURRENCY, BUT THE RISKS AND REWARDS ARE DIFFERENT. STAKING IS WHERE YOU AGREE TO PLEDGE VIRTUAL CURRENCY TO A NETWORK IN ORDER TO HELP IT VALIDATE TRANSACTIONS. STAKING TYPICALLY REQUIRES YOU TO LOCK UP YOUR VIRTUAL CURRENCY FOR A DEFINED PERIOD OF TIME AND YOU WILL NOT HAVE ACCESS TO IT DURING SUCH PERIOD. THE BLOCKCHAIN’S VOLATILITY AND LONGEVITY COULD HAVE A SERIOUS IMPACT ON YOUR INVESTMENT. AS REWARDS ARE PAID OUT IN NEWLY MINTED VIRTUAL CURRENCY OF THE NETWORK, A SUDDEN DROP IN THE BLOCKCHAIN’S VALUE MEANS YOUR VIRTUAL CURRENCY’S VALUE DROPS WITH IT. LENDING IS WHERE YOU AGREE TO LOAN YOUR VIRTUAL CURRENCY IN RETURN FOR INTEREST PAYMENTS. BOTH CONCEPTS TYPICALLY REQUIRE YOU TO GIVE UP CONTROL OF YOUR VIRTUAL CURRENCY.
- ANY OTHER RISKS THAT WE HAVE IDENTIFIED IN THESE TERMS AND CONDITIONS OR THAT ARE IDENTIFIED BY THE WALLETS, DEXS AND VIRTUAL PROTOCOLS THAT ARE MADE ACCESSIBLE VIA THE KASH PLATFORM.
Disclaimer: YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY USE OF DECENTRALIZED EXCHANGE AND RELATED SERVICES 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, DEXS, AND WALLETS; AND (B) HOW VIRTUAL CURRENCY PURCHASES (INCLUDING GAS AND OTHER FEES), 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 OR THE KASH PARTIES, ARE FULLY RESPONSIBLE FOR ANY ASSUMPTION OF THE RISKS BY YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KASH NOR THE KASH PARTIES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE KASH PLATFORM OR ITS CONTENTS.
Third Party Websites, Blockchains and Applications; Disclaimer
Third Party Websites, Blockchains and Applications: The Kash Platform provides links or pointers to third-party sites, blockchains or applications, 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; (iv) Wallet providers; and (v) DEXs (together, the “Third Party Sites”). As Kash is a provider of non-custodial pricing data aggregation services only, your use of the Kash Platform and the 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.
- The Kash Platform includes content provided by third parties, including from other users and third-party licensors. All statements or opinions expressed in any such third-party content, other than the content provided by Kash, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Kash.
- 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 networks 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 transactions 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 secure different prices, 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 on 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.
Disclaimer: YOU UNDERSTAND AND AGREE THAT YOU, NOT KASH NOR THE 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.
Your Use of the Kash Platform; Security and Restrictions; Disclaimer; Termination and Survival
Security: 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.
Transmission of Data: 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.
Your Security Obligations: 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 should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to the Kash Platform or portions of it 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.
Risk of Scams and Impersonators: Third parties, not connected to 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.
Restrictions on Use: You are prohibited from attempting to circumvent or violate the security of the 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 the Kash Platform for any purpose, including monitoring or copying any of the material on the 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.
Security Disclaimer: 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 (C) 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 YOUR 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 YOUR 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, MAILBOMBING, 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.
Suspension or Termination by Kash: 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.
Termination by You: If you want to cease to use the Kash Platform you may do so by ceasing to access and use the Kash Platform 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.
Survival: Provisions that, by their nature, should survive termination of these Terms and Conditions will survive termination, including, without limitation: this Section (Survival), 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 or intellectual property rights (Intellectual Property Rights and Ownership), governing law (Governing law and Choice of Forum), and terms regarding disputes between us.
Conditions of Use, Interactive Functions; User Submissions; Your Warranties; Grant of Licence; Disclaimer
Conditions of Use: As a condition of your access and use, you agree that you may use the Kash Platform only for lawful purposes and in accordance with these Terms and Conditions.
User Submissions: The following content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit (collectively, “submit”) to the Kash Platform, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms and Conditions.
Your Warranties: Without limiting the foregoing, you warrant and agree that your use of the Kash Platform and any User Submissions will not:
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Kash’s sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and Site Content Standards in these terms and conditions.
- Impersonate or attempt to impersonate Kash, a Kash employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any ‘spam’, ‘junk mail’, ‘chain letter’, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Kash Platform, or which, as determined by us, may harm Kash or users of the Kash Platform or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.
No Confidentiality Protection: None of the User Submissions you submit to the Kash Platform will be subject to any confidentiality by Kash. By providing any User Submission to the Kash Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
Grant of Licence: By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
Disclaimer: YOU UNDERSTAND AND AGREE THAT YOU, NOT KASH OR THE KASH PARTIES, ARE FULLY RESPONSIBLE FOR ANY USER SUBMISSIONS YOU SUBMIT OR CONTRIBUTE, AND YOU ARE FULLY RESPONSIBLE AND LEGALLY LIABLE, INCLUDING, WITHOUT LIMITATION, TO ANY THIRD PARTY, FOR SUCH CONTENT AND ITS ACCURACY. WE ARE NOT RESPONSIBLE OR LEGALLY LIABLE TO ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER USER OF THE KASH PLATFORM.
Site Monitoring and Enforcement, Suspension, and Termination; Disclaimer; No Obligation to Monitor
Site Monitoring and Enforcement, Suspension, and Termination: Kash has the right, without provision of notice to:
- Remove or refuse to post on the Kash Platform any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Kash Platform and User Submissions and Site Content Standards or Terms and Conditions.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Kash Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Kash Platform.
- Terminate or suspend your access to all or part of the Kash Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.
Disclaimer: YOU WAIVE AND HOLD HARMLESS KASH AND THE KASH PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY KASH AND THE KASH PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER KASH, THE KASH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
No Obligation to Monitor: We have no obligation, nor any responsibility to any party to monitor the Kash Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Kash Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Ownership; Intellectual Property Rights; Feedback and Restrictions on Your Use; Use of Copies and Reservation of Rights
Ownership: You understand and agree that the Kash Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Kash, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Trademarks: The Kash name, Kash logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Kash or its affiliates or licensors. You must not use such marks without the prior written permission of Kash. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Kash Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, will constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Feedback. You agree that submission of any ideas, suggestions, documents, or proposals to Kash or otherwise through the Kash Platform or Kash’s suggestion, feedback, feature request, blog, community, forum or other pages (“Feedback”) is at your own risk and that Kash has no obligation with respect to such Feedback, including without limitation, no obligation of confidentiality. You warrant and represent that you have all rights necessary to submit the Feedback. You hereby grant to Kash a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Kash Platform and related services or Kash’s business.
Restrictions on Your Use: You may only use the Kash Platform for your personal use. You will not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Kash Platform, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
- one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and
- in the event social media platforms are linked to certain content on our Kash Platform, you may take such actions as our Kash Platform and such third-party social media platforms permit.
Use of Copies: Users are not permitted to modify copies of any materials from the Kash Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Kash Platform or any services or materials available through the Kash Platform.
Reservation of Rights: If you print off, copy or download any part of the Kash Platform in breach of these Terms and Conditions, your right to use the Kash Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Kash Platform or to any content on the Kash Platform, and all rights not expressly granted are reserved by Kash. Any use of the Kash Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Linking and Framing: You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Kash Platform must not be framed on any other site, nor may you create a link to any part of the Kash Platform other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
General Disclaimer of Warranties and Conditions
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE KASH PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE KASH PLATFORM IS AT YOUR OWN RISK. YOU EXPRESSLY ACKNOWLEDGE THE RISKS INDICATED IN THESE TERMS AND CONDITIONS. YOU HEREBY IRREVOCABLY WAIVE, RELEASE AND DISCHARGE ALL CLAIMS, WHETHER KNOWN OR UNKNOWN TO YOU, AGAINST KASH OR THE KASH PARTIES RELATED TO ANY OF THE RISKS SET FORTH IN THESE TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, FOR FRAUD, FRAUDULENT MISREPRESENTATION, WILFUL MISCONDUCT, OR PERSONAL INJURY OR DEATH ARISING FROM OUR NEGLIGENCE, UNDER NO CIRCUMSTANCE WILL KASH OR THE KASH PARTIES BE LIABLE FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, 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, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE KASH PLATFORM, ANY LINKED WEBSITES, BLOCKCHAINS, APPLICATIONS OR SUCH OTHER THIRD-PARTY WEBSITES, BLOCKCHAINS OR APPLICATIONS, NOR ANY WEBSITE OR APPLICATION CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
NOTWITHSTANDING THE PRIOR EXCLUSION OF LIABILITY, IF KASH IS FOUND LIABLE FOR ANY REASON, EXCEPT WHERE THE FOLLOWING LIMITATION IS PROHIBITED BY APPLICABLE LAW, KASH’S LIABILITY WILL BE LIMITED TO THE AMOUNT OF FEES RECEIVED BY US FROM YOU IN THE SIX MONTHS PRIOR TO THE DATE OF YOUR CLAIM, OR IF NO FEES HAVE BEEN RECEIVED BY US FROM YOU, THE SUM OF __________.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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 attorneys’ 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 User Submissions; (b) your use of Third Party Sites; and (c) 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.
Governing Law and Choice of Forum
These Terms are governed by and will be construed under the applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
In the event of a controversy, dispute or claim arising out of, in connection with, or in relation to the interpretation, performance, nonperformance, validity or breach of these Terms and Conditions or otherwise arising out of, or in any way related to these Terms and Conditions, or the transactions contemplated hereby, including without limitation, any claim based on contract, tort, statute or constitution, You agree to negotiate in good faith to resolve such disputes prior to instituting any action or proceeding in courts. You shall give 30 business days (“business days” means any day excluding weekends and public holidays) written notice to Kash with a brief description of the dispute and shall negotiate for a reasonable period of time to settle such dispute. At no time prior to completion of negotiation shall either you or Kash Corp initiate litigation related to these Terms and Conditions.
Any action or proceeding arising out of or under these Terms and Conditions will be instituted in the State of Delaware and each party submits to exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Kash will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of governmental or regulatory authorities, fire, floods, accidents, strikes, failure of the internet, actions of your internet service provider, or shortages of transportation facilities, fuel, energy, labor or materials.
Assignment and Third Party Rights
Assignment: These Terms and Conditions, and any of the rights, duties, and obligations contained or incorporated herein, are not assignable by you without prior written consent of Kash. These Terms and Conditions, and any of the rights, duties, and obligations contained herein, are freely assignable by Kash, in whole or in part, without notice or your consent (for clarity, this assignment right includes the right for Kash to assign any claim, in whole or in part, arising hereunder). Any attempt by you to assign these Terms and Conditions without written consent is void. Subject to the foregoing, these Terms and Conditions, and any of the rights, duties, and obligations contained or incorporated herein, will be binding upon and inure to the benefit of the heirs, executors, administrators, personal or legal representatives, successors and assigns of you and of Kash.
Third Party Rights: None of the provisions of these Terms and Conditions, or any of the rights, duties, and obligations contained or incorporated herein, are for the benefit of or enforceable by any creditors of you or Kash or any other persons, except: (a) such as inure to a successor or assign in accordance herewith; and (b) that the Kash Parties are intended third party beneficiaries of the rights and privileges expressly stated to apply to the Kash Parties hereunder and will be entitled to enforce such rights and privileges as if in direct privity under these Terms and Conditions, subject to the conditions and limitations hereof including those relating to the resolution of disputes.
Modifications to the Terms and Conditions and to the Kash Platform
Revisions and Updates to Terms: We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Kash Platform. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use will be your acceptance of these.
Changes: The information and material on the Kash Platform, and the Kash Platform, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Kash Platform is restricted to users or unavailable at any time or for any period.
Reporting and Contact
The Kash Platform is operated by the company indicated at the top of these terms and conditions.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to Kash at email@example.com
All other feedback, comments, requests for technical support, and other communications relating to the Kash Platform should be directed to firstname.lastname@example.org
Where Kash requires that you provide an e-mail address, you are responsible for providing Kash with your most current e-mail address. If the last e-mail address you provided to Kash is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms and Conditions, Kash’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
You may give formal notice to Kash at the following address:
585 Glenwood Avenue Menlo Park,
Such notice will be deemed given when received by Kash by letter delivered by either: (a) nationally recognized overnight delivery service; (b) first class postage prepaid mail at the above address; or (c) an email sent to email@example.com headed ‘Legal Notice’.