Terms & conditions
Date of latest version: October 21, 2022
By registering an Account and using our App, you agree to abide by these Terms. Your consent may be confirmed, in particular, by ticking the appropriate box during the registration of the Account. If you do not agree to abide by these Terms, please do not use our App.
1. Our Services
KAIF application is a mobile application that gives its users an easy-to-use tool to influence the future of their favorite companies, organizations, sports clubs or other teams.
Upon the registration of the account in our App, you may use various Services, including but not limited to, purchasing of KAIF Tokens; purchasing of digital assets, merch items and Fan Tokens; participation in the Club DAO (decentralized autonomous organization); receiving information on the favorite clubs; access digital content, etc, in accordance with the provisions of these Terms (including other accompanying documents).
We reserve the right to change the functionality of the App at any time, without notice to Users. If the new functionalities of the App are not regulated by the Terms, they fall under the principle of "as is" and are regulated by the Terms to the extent that can be applied to them.
2. Who can use the Services
You must be at least 13 years of age to access or use our Services.
Children. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services, including all financial charges.
Your representations and warranties. You are entitled to use our Services only if you represent and warrant that you are have the full legal capacity to enter into transactions using our App and are responsible for your actions in connection with the use of the App. You further represent that you are legally permitted to use App in your jurisdiction including owning cryptographic tokens and interacting with the App in any way.
3. The Registration of the Account
If you want to use all our Services, you have to create an account ("Account") by registering your MetaMask wallet and following the appropriate instructions in our App. You shall provide the Company with true, accurate, current and complete information about you, which may include without limitations, your name and email address. The Company has the right to request additional information and documentation as necessary, including in the event of any suspicious activity on your Account.
Representations and warranties. Registering the Account, you represent and warrant that:
- You are at least 18 years old and have reached the age of majority in your country of residence;
- You are not a resident, not acting on behalf of and/or in favor of a resident of the Restricted territories: USA, and USA related territories, territories temporarily occupied by Russian Federation (such as Crimea, Abkhazia, South Ossetia, so-called Pridnestrovian Moldavian Republic, Donetsk People's Republic, Luhansk People's Republic, etc.), countries subject to United Nations, European Union, UK Treasury and US Office of Foreign Assets Control sanctions lists, and other countries, where transactions related to digital assets are banned by the government or require registration and licensing by competent public authorities;
- You will not use the App for illegal purposes or suspicious transactions, including, but not limited to, transactions directly or indirectly related to terrorist financing, fraud, corruption and circumvention of sanctions restrictions;
- The information provided by you is true, current and complete.
Account security. You are responsible for maintaining the confidentiality and security of your Account data and cannot disclose your credentials (including passwords) to third parties. You understand that any disclosure of your data may expose your Account to unauthorized access by third parties, which may result in the loss or theft of your digital assets. The Company shall not be liable for any damage or loss arising from unauthorized access to your Account. In the event of unauthorized use of your Account, you must notify us immediately as soon as you become aware of such use, or if there is a reasonable suspicion of such use. You can report any security breach to our support team at firstname.lastname@example.org
Investor Membership Area ("MA") - a separate functionality of the App through which a user can purchase KAIF Tokens before listing on the exchange or after on the conditions determined by the Company.
Users of MA. Person who has the right to purchase KAIF Tokens cannot be a citizen, resident of, or a person located or domiciled in the United States of America including its states and territories such as the District of Columbia, Puerto Rico, citizen, resident of, or a person located or domiciled in the People's Republic of China, any territories temporarily occupied by Russian Federation, or any other countries and territories, where transactions related to digital assets are banned by the government or require registration and licensing by competent public authorities including but not limited to: Afghanistan, Albania, Angola, Azerbaijan, Bosnia and Herzegovina, Bahamas, Barbados, Belarus, Burma, Botswana, Burkina Faso, Burundi, Cayman Islands, Cambodia, Cameroon, Crimea (Ukraine), Chad, China, Congo, Congo (Democratic Republic), Cuba, Ethiopia, Eritrea, Fiji, Palau, Ghana, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Jamaica, Jordan, Lao people Democratic Republic, Liberia, Libya, Madagascar, Malia, Mozambique, Nicaragua, Uganda, Nigeria, Korea North, Pakistan, Panama, Puerto Rico, American Samoa, Senegal, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, Uzbekistan, Vanuatu, Venezuela , Virgin Islands (United States), Yemen, Zimbabwe.
How to use the MA. In order to purchase KAIF Tokens, you need to have:
- the crypto cold wallet;
- visa debit card for IMA account;
- a legal ability to buy and hold KAIF Token;
- pass KYC on our google form by link;
- deposit at least 100 U.S. dollars.
If you want to purchase KAIF Tokens before the listing of KAIF tokens on the exchange, please contact our technical support at email@example.com go through our legal process, as well as sign Simple Agreement For Future Tokens between you and the Company.
4. KAIF Tokens
In order to access our Services, you will need some KAIF Tokens.
KAIF Token is a native token of the App, which is distributed by the Company through the BNB Chain and which provide its owner with the access to our Services (e.g. purchasing of digital assets, merch items and Fan Tokens, receiving information on the clubs; access digital content, etc).
Please note that KAIF token do not confer investment or credit rights. You will not become part of our shareholders or have any corporate right over the Company or its products. You shall not have expectations of earnings over our products. If you buy our tokens, assuming that you will be able to resale these at a higher price, you are mistaken. Even though you may probably trade the KAIF Tokens in open markets or peer-to-peer, you expressly acknowledge that these can be worthless outside our App.
5. Fan Tokens and DAO Governance
The Platform allows users to acquire Fan tokens of different clubs and participate in Club’s DAOs. The process of participation of the users in the DAO is governed by the respective DAO Constitution which can be found here [KAIF DAO Constitution].
6. Transactions and Fees
If you purchase or sell the KAIF Token or Fan Token via the App, any such transaction will be conducted solely through the BNB Chain network or other networks. The Company will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. With that in mind, the Company will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App, the BNB Chain network or other networks.
Please note that a blockchain network requires the payment of a network fee (a "Gas Fee") for every transaction that occurs on the network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App.
In addition to a Gas Fee, you authorize us to collect a commission of ____% of the total value of the transaction. You acknowledge and understand that you will be solely liable for any fees, costs, deductions or expenses associated with your transactions. You are also solely responsible for reporting and paying value-added and other taxes applicable to your transactions under the laws applicable to you.
7. Acknowledgment and Assumption of Risks
You understand and acknowledge that tokens and Blockchain-based technologies are not exclusively controlled by the Company. The purchase of KAIF Tokens and Fan Tokens, as well as participation in the Club DAO carry with it a number of risks. So, you should carefully consider the risks listed herein. If any of the following risks are unacceptable to you, you should not purchase tokens and participate in the Club DAO.
1. Third-party services providers: We are not responsible for losing funds using a third-party payment processor, wallet provider, crypto exchanges, etc.
2. BNB Chain: An important part of our App, which enables user transactions, is deployed over Binance decentralized infrastructure (BNB Chain). Nowadays, BNB is a strong community but is a decentralized third party, and we don't have any control over it. Our technical team will evaluate the BNB Chain status constantly. We reserve the right to migrate the Tokens from the BNB protocol to any other protocol that may or may not currently exist for any reason. If migration takes place, your tokens will be replaced, and your wallet address may change. The previous tokens will no longer receive support.
3. Decentralized services: our App may adopt other decentralized protocols for transactions, payments, and analogue services. As set above, our technical team will constantly evaluate these protocols, smart contracts, etc. Still, there are certain risks associated with this kind of service that we cannot control because they are decentralized. As a user, you are aware of those risks and accept that the Company is not responsible for the features performed by decentralized services.
4. Your security measures: for keeping your digital assets secure, you must adopt several security measures, for example, providing a secure password, and keeping in secret your private key and password. If you fail to protect your cybersecurity, the Company is not responsible for any loss, security breach, etc.
5. User skills: Before you acquire any KAIF Token or Fan Token, you should have a piece of minimum knowledge of their functionality. If you do not have sufficient knowledge about this topic, please do not install our App until you learn basic user skills. You can read our blog or contact our team for further information.
6. Tokens transactions: we do not control okens trading at marketplace. You are aware that the transactions are irreversible
7. KYC (know your customer) procedures: We reserve the right to conduct due diligence procedures for our users. It may involve identity verification, the origin of the funds, and any other measure required by relevant law. If you refuse to collaborate with us in such procedures, we will cancel your access. If you purchase a high amount of tokens, we reserve the right to conduct intensified due diligence procedures. Also, if we identify that you are buying tokens for illicit purposes, we will take suitable legal actions.
8. Code of Conduct
You may only use the App and our Services for lawful purposes. You will not violate any applicable laws, regulations, Terms, intellectual property or other third-party rights. You are solely responsible for your conduct while accessing or using our Services.
You agree that you will not do and will not help, encourage or allow others to:
(ii) engage in any harassing, threatening, intimidating, predatory or stalking conduct;
(iii) take any action that could damage, disable, overburden or adversely affects the operation or proper functioning of the App in any manner, including downloading a virus, worm, or Trojan horse, or any other dangerous code;
(iv) infringe the intellectual property rights of the Company, including copying the App or any individual element of the App, design, trademark, logo or other proprietary information, without the written consent of the Company;
(v) reverse engineer, decrypt, decompile, disassemble, or in any way access or attempt to access the source code of the Website or test the vulnerability of the Services or to breach any security measures, regardless of your motives and/or intent;
(vi) evade, circumvent, delete, deactivate, decipher or otherwise attempt to circumvent any computer network, passwords, or any technological measures taken by the Company to protect the App;
(vii) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
In case of violation of these obligations, we have the right to terminate your use of our Services, as well as suspend or delete your Account.
9. Intellectual Property
The content of the App and our Services (including its text, graphics, images, illustrations, designs, videos, logos, icons, fictional characters, sound recordings, software and other elements) is the intellectual property of the Company, its subsidiaries or affiliated companies, and protected by copyright, patent, trade secret and other intellectual property rights.
The Company hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App and the Services. This license is provided for your personal, non-commercial use only.
Such license does not include any right to: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly display any part of our Services; (c) modify any part of our Services, remove any proprietary rights notices; (d) reverse engineer or attempt to extract the source code of that software.
Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Availability of the App. Due to the peculiarity of the Internet, we cannot guarantee uninterrupted and flawless access to the App. You acknowledge that the Company reserves the right to restrict access to the App or certain functionality at any time, if this is necessary. The Company shall not be liable in case of unavailability of any service, whether caused by the Company or by any third party, or force majeure.
Security and viruses. Any use of the Internet can be subject to a virus attack. The Company shall not be liable for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malicious software that may affect your systems, computer or other equipment. We recommend that you always use reliable virus screening and prevention software. You should also be careful when reviewing text messages and emails purporting to be from the Company to avoid phishing and viruses.
11. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY, ITS OFFICERS, EMPLOYEES, DIRECTORS, PARTNERS, OR AGENTS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We shall not responsible for the operation of any software, the presence of viruses or other elements of malicious code, dangerous or destructive files that may spread or otherwise affect your software and hardware as a result of App use.
If applicable law does not permit the full or partial limitation of the above liability to you, the limitations will apply to you only to the extent permitted by applicable law. You understand and agree that when using the App, you are obliged to comply with all relevant laws of your resident country.
You hereby agree to indemnify the Company for any damages, costs, including without limitation, reasonable legal and accounting costs associated with any claims or disputes of any person against the Company, its affiliates or subsidiaries, and officials, directors, employees and agents arising out of or in any way connected with: (a) any your violation of these Terms, including your violation of any representations, warranties, or obligations under these Terms; (b) your wrongful or improper use of the Services; (c) any other party’s access or use of the Services with your information.
These Terms are valid as long as you continue to use the App. You may terminate the Terms by deleting your Account. We reserve the right immediately, without notice, to suspend or delete the Account in case of your violation of applicable laws, obligations under these Terms, or the rights of third parties, or if we reasonably believe you have committed fraud, negligence or other misconduct.
Upon termination of the Account in accordance with the above provisions, you will not have access to our Services and your Account information, and you acknowledge that the Company will have no obligation to maintain any such information in the relevant databases. Also, you will not have the right to refund or reimburse Tokens you have acquired from us.
14. Applicable law and dispute resolution
These Terms are governed by laws of England and Wales. All disputes that may arise in connection with these Terms must be resolved through negotiations. You agree that in order to resolve disputes between you and the Company, an effective and mandatory method of negotiations is communication with authorized persons of the Company to the e-mail address firstname.lastname@example.org
If we are unable to agree on the subject matter of the dispute within thirty (30) days, any dispute, disagreement or claim arising under these Terms shall be settled by the International Arbitration and Cryptography Centre Limited (IACC). The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language of the arbitration shall be English. The hearings will be held online in accordance with IACC Rules.
16. Links to Third Party Websites
The App may contain links to third-party websites and services. Please note, their presence does not mean that they are recommended by the Company. The Company do not guarantee their safety and conformity with any your expectations. You should therefore note you click on external links at their own risk and the Company cannot be held liable for any damage or loss, or any other impact, directly or indirectly resulting from the use of any content or goods available on or through any such third-party websites and services.
17. Change of Terms
We reserve the right to change these Terms and other document of the Company at any time in accordance with this paragraph. If we make changes to these Terms, we undertake to publish the updated Terms in the App and indicate the date of the "Last amended" at the beginning of these Terms. If you do not agree with the amended Terms, you may immediately terminate the agreement with us by ceasing to use our App. If you continue to use our App, these Terms will go into effect. Please check this page periodically to make sure you agree with the changes.
18. Our contact information
We hope these Terms helped you to understand how our App work. If you have any questions regarding our App, please email us email@example.com
KAIF App team
Last amended: October 21, 2022
Here at KAIF Platform we are committed to protecting and respecting your privacy.
For the purpose of the European Union General Data Protection Regulation and the California Consumer Privacy Act (collectively, "Data Protection Laws"), the data controller is KAIF Platform LTD, a company registered at Intershore Chambers, Road Town, Tortola, British Virgin Islands, , under registration No. 2101863 (also "Company", "We").
We kindly ask you to read carefully this Policy, so we can be calm that you completely understand the conditions under which we would cooperate. IF YOU DO NOT AGREE WITH ANY PART OF THIS POLICY, THEN PLEASE DO NOT USE ANY OF OUR SERVICES.
LEGAL BASIS FOR PROCESSING
We process your data based on your consent. You provide your consent by checking the appropriate box when registering your Account. Please note that we may process your personal data not only on the basis of your consent, but also when one of the following applies:
- processing is necessary to provide you our Services according to our Terms, which constitutes a contract between you and us;
- processing is necessary for the purposes of the legitimate interests pursued by us (such as marketing, troubleshooting and fixing errors on our website or improving our products) on the conditions prescribed by the data protection legislation;
- processing is necessary for compliance with our legal obligations, including anti-money laundering laws and know-your-customer requirements.
If there is another legal basis for us to collect and process your personal data, we will provide the required notification to you at or before the time the personal data is collected. If you have questions about the applied legal basis for processing your data and other relevant details, please contact us at firstname.lastname@example.org.
WHAT PERSONAL DATA DO WE COLLECT?
Overall, the Company may collect from you the Log Data, as well as those data you specifically provide us with, including first name, last name, country, telephone number and email. To be more precise, the Company may collect from you the following information:
A. Data you provide us directly
The Company collects and processes personal data submitted by you upon registration and further editing of settings in your Account, that may include:
- Identity information, such as your first name, last name, username or similar identifier, country of birth, nationality, place of birth, date of birth and gender;
- Identity documents such as passport or ID, as well as other information required to comply with anti-money laundering laws and know-your-customer requirements;
- Contact information, such as your email address and telephone number;
- (such as nationality and place of birth);
- Financial information, such as your credit card or other payment card details;
- Source of funds for participating in token launches;
- Token information, such as amount of purchased tokens, earnings received from staking, and the general number of tokens in your wallet.
- Technical information, such as your crypto wallet address.
Sensitive data. Please note, that some of the information you provide us may constitute sensitive data as defined in the General Data Protection Regulation, including identification of your ethnicity on government-issued identification documents.
B. Communications between us
Please note, that Company collects and processes all communications between us: the contents of your emails, letters, feedbacks, texts, social media messages, and chats with us, as well as your responses to surveys that we send you or ask you to fill in when you’re on our Services. We use this information to communicate with you, to analyze and improve our Services.
C. Log data
When you use our Services, we may automatically collect information about your activity within our Services, for example, how you use the Services and interact with us, which information you have viewed and for how long(we refer to this information as "Log Data"). Log Data may include information about your IP address, your device model, your operating system, the pages you browsed and the time spent on these pages, session durations, your location, your wireless and mobile network connections, unique device identifiers, browser type, language, battery level, time zone, and other statistics. Based on these data, we analyze (and may engage third parties to analyze) your needs and interests, evaluate the effectiveness of our campaigns and improve our Services by expanding their features and functionality and tailoring it to your needs.
Information we will never collect
The Company will never ask you to share your private keys or wallet seed. Never trust anyone or any site that asks you to enter your private keys or wallet seed.
WHY DO WЕ COLLECT PERSONAL DATA?
We collect personal information from you only for the below stated purposes:
- Provision of Services – Primarily, we use your data to create and run your Account on the App, ensure your comfortable use of our Services, as well as process and complete all users’ transactions.
- Communications – We use your data to contact you for the Services-related purposes (welcoming letter, security and legal notices, confirmations, announcements, updates, reminders, suggestions, security alerts etc.). Please note, that you are able to opt-out to such communications, excluding legal notices, by changing the user setting on your Account.
- Analytics and development – In order to find your preferences and for the purposes of analytics, we track and analyze your behavior on our Services (cookies and Log data). This enables us to improve and optimize the work of our Services, provide Services that are relevant to you and boost the quality of our Services. All your data stated in this paragraph is collected and further processed in a manner that does not allow your identification.
- Marketing – We may use your email to send you messages with some commercial or promotional information about our services (news, promotions, upcoming events, personalized recommendations, discounts and suggestions). You may always opt-out from such messages, by changing the appropriate settings on your Account.
- Safety – We may use your information mail to protect, investigate, and prevent fraudulent, unauthorized, or illegal activity.
- Compliance with legal and regulatory Requirements – With respect to the privacy and security of personal information, we will use the information in compliance with our legal obligations, government requests, and reasonable user-generated inquiries.
If we decide to change the purposes of processing specified above, we will inform you on such changes prior to the use of your personal data within the newly set purposes.
WHO WILL ACCESS YOUR PERSONAL DATA?
We do not share your personal data with other companies or organizations without your express consent, except as described in this Policy. We disclose personal data to third parties under the following circumstances:
- Affiliates. We may disclose your personal data to our subsidiaries and corporate affiliates (i.e. our family of companies that are related by common ownership or control) for purposes consistent with this Policy.
- Business Transfers. We may share your personal data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
- Contractors and Partners. We have contractors and partners in other countries, including those outside the European Economic Area (in particular, Ukraine). The transfer of your personal data to the recipients in other countries is secured by the Standard data protection clauses adopted by the European Commission and compliant with the EU data protection laws. By ticking the respective box when providing us your personal data you agree to such transfer.
- Third-Party Service Providers. In order to provide high-quality services, we cooperate with third-party services providers, companies and organizations (such as bill and credit card payment processing, customer support, hosting, email delivery and database management services, lawyers, bankers, and auditors).
In all cases when we transfer your personal data to other persons, we are confident that your personal data is protected and used only for the purposes specified in this Policy. We achieve such safety by using only certified services and products, signing agreements on protection of personal data with contractors and partners, as well as taking technical measures to ensure the data is protected when stored and used, and also while being processed and transferred.
- Compliance with law. You also have to be aware of the fact that the Company may disclose your personal data to enforce and comply with the law, including anti-money laundering laws. In other words, the Company may disclose information necessary for the investigation or legal process on official request or the official bodies acting within their powers.
HOW LONG WILL THE PERSONAL DATA STORED?
Your personal data will be stored by the Company no longer than is necessary for the purposes for which the personal data are processed. Generally, the Company stores your personal data as long as your Account is active. If your Account is blocked (banned) or you decide to delete your Account, all your personal data will be stored within the period necessary to comply with applicable law. Upon the expiry of this period, all your personal data will be removed.
Please note that your personal data may be stored for an extended period when it is subject to a legal request or obligation, government investigations, investigations of possible violations of our Terms or otherwise to prevent damage. We also retain information on Accounts blocked due to violation of the Terms for at least one year to prevent repeated violations of the Terms.
HOW WE PROTECT PERSONAL DATA?
We take technical and organizational measures to ensure the information is processed in a manner that ensures appropriate security of information, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage. You can know more details about how we protect your personal data according to our Data Protection policy.
YOUR RIGHTS REGARDING YOUR PERSONAL DATA
Overall, you may access information that you have voluntarily provided through your Account, and to review, correct, or delete it by sending a request to email@example.com. You can request to change contact details, opt-out of our sharing with others, and update your personal data and preferences.
Under the Data Protection Laws you have the following rights:
- Right of Access – You have the right to access or obtain copies of your personal data. We may charge a reasonable fee for providing the access service.
- Right to Rectification – You have the right to correct your personal data that you deem inaccurate. You also have the right to ask us to complete the personal data that you deem incomplete within a reasonable limit.
- Right to Erasure (Right to be Forgotten) – You have the right to request the erasure of your personal data under certain circumstances.
- Right to Restriction of Processing – Under certain circumstances as required by law, you have the right to request us to restrict the processing of your personal data; however, you understand that such restriction of the processing may prevent us from providing you with some of the Services.
- Right to Object – Under certain circumstances as required by law, you have the right to object to the processing of your personal data; however, you understand that such objection of the processing may prevent us from providing you with some of the Services.
- Right to Data Portability – Under certain circumstances as required by law, you have the right to request us to transmit the personal data that we collect to another body, or directly to you. We may charge a reasonable fee for providing the transmission service.
How to exercise your rights as to your personal data. Any requests to exercise your rights can be directed to us through the contact details provided below. These requests are free of charge.
Time for replay and reaction. We will provide information about the actions taken on your request, within one month after receiving the request. This period may be extended by two further months if we consider it necessary, considering the complexity and number of the requests. We will notify you about such renewal within one month of the receipt of the request.
ARE YOU ALREADY 18 YEARS OLD?
Here at KAIF Platform we can provide Services only in case you are under the age of majority in your jurisdiction of residence (usually, in case you are aged 18 or older). If you are under the age of majority in your jurisdiction of residence you will need to get your parent’s/guardian’s permission before submission of any personal data to us.
Consistent with the requirements of the Children’s Online Privacy Protection Act, if we learn that we have received any information directly from a child under age 13 without first receiving his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the our Platform and subsequently we will delete that information.
LINKS TO THIRD PARTY WEBSITES
Our Services may contain links to third-party websites and services. Please note, their presence does not mean that they are recommended by us. We do not guarantee their safety and conformity with any your expectations. You should therefore note you click on external links at their own ris. We cannot be held liable for any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.
CHANGES TO THIS POLICY
We may change this Policy from time to time, so please check this page to ensure that you’re happy with any changes. If we make any changes, we will change the Last Updated date above. The additional notifications on any amendments can be sent to your email.
Any modifications to this Policy will be effective upon our posting of the new terms and/or upon implementation of the changes to the Application (or as otherwise indicated at the time of posting). In all cases, your continued use of the our Services after the posting of any modified Policy indicates your acceptance of the terms of the modified Policy.
OUR CONTACT INFORMATION
If you have any questions regarding this Policy,
please contact us at firstname.lastname@example.org or to:
KAIF Platform LTD,
Intershore Chambers, Road Town,
Tortola, British Virgin Islands
Registration number: 2101863
KAIF App team
PROGRAM ON ANTI MONEY LAUNDERING (AML) & KNOW YOUR CUSTOMER (KYC) POLICY
The rapid development and global nature of virtual assets have caused the development of an effective regulatory regime. The Financial Action Task Force (FATF) has issued the “Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers” to emerge best practices for regulatory issues arising in respect of money laundering and other risks associated with virtual assets. Compliance with these documents is essential to provide an effective application of international AML standards.
The Company actively participates in domestic and international efforts to combat money laundering, terrorist funding and other financial crimes. The Company complies with all applicable laws and regulations relating to such activities, and seeks all available means to prevent being utilized as a conduit for such illicit funds and mitigate possible risks of the Company being involved in any kind of illegal activity.
For such purpose, the Company has designated this Program on Anti-money laundering and Know Your Customer Policy (the “Program”). This Program complies with applicable legal regulations and will be reviewed and updated on a regular basis to ensure appropriate policies, procedures, and internal controls.
1. RISK ASSESSMENT
Pursuant to international requirements, the Company has adopted a risk-based approach towards assessing and managing the money laundering and terrorist financing risks. Therefore, we are able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate with the identified risks. The principle is that resources should be directed accordingly to priorities so that the greatest risks receive the highest attention.
2. USER IDENTIFICATION/VERIFICATION
The Company reserves the right to collect User’s identification information for AML/KYC Policy purposes. Users may be identified using a multi-level system.
The Company may, as a part of the registration and authorization process:
- cross-check the names of users against compliance databases such as the OFAC Specially Designated Nationals list and other governmental watch lists;
- require users to provide proof of identification; and
- not permit any transactions to be made with incomplete registration and authorization process.
We will require sufficient information from each user when registering to enable the user to be identified; utilize risk-based measures to verify the identity of each user when registering; record the user’s identification information and the verification methods and results; and compare user identification information with government-provided lists of suspected terrorists, once such lists have been issued by the government.
Based on the risk, we will ensure that we have a reasonable belief that we know the true identity of our users by using risk-based procedures to verify and document the accuracy of the information we get about our users, but in any case, complying with the statutory requirements.
Identification for Individuals
Standard Level. Transactions up to 10 000 EUR (ten thousand euros) or their equivalent in fiat currency or cryptocurrency. Identification required: first name, last name, email, proof of identity (scanned version of the ID issued by the government, that is valid for at least 6 months as of uploading date: e.g., passport or national ID card, or driver license), and residential address.
Advanced Level. Transactions over 10 000 EUR (ten thousand euros) or their equivalent in fiat currency or cryptocurrency. Identification required: first name, last name, email, proof of identity (scanned version of the ID issued by the government, that is valid for at least 6 months as of uploading date: e.g., passport or national ID card, or driver license), and proof of a residential address (e.g., utility bill no more than 3 months old).
Identification for Businesses
Regardless of the transaction amount, identification required: registered address, proof of legal existence (e.g., state certified articles of incorporation or certificate of formation, or other comparable legal documents as applicable), proof of identity (e.g., driver’s license, passport or government-issued ID) for each individual beneficial owner that owns 25% or more, as well as all account signatories.
- Documents shall be provided in high resolution;
- We reserve the right to reject any documents, which do not comply with the above-mentioned;
- We maintain the right to require additional information if considered necessary;
- We maintain the right to require additional information at any time to verify the user's identification.
- We reserve the right to require information about the source of origin of funds anytime (regardless of the sum of transactions), if we consider it as necessary.
- We reserve the right not to begin cooperation or suspend the working of the user account if the users fail to provide the required information or provide incomplete information.
Documents used to identify a user must be verified prior to the completion of registering process. Verification of identity requires multi-factor authentication, layered security, and other controls to ensure a meaningful user identity confirmation process based on transaction amount or other factors.
The Company may use various verification methods including, but not limited to:
- obtaining proof of address, such as a copy of a utility bill, and/or confirmation photo (selfie);
- obtaining additional references from financial institutions;
- corroborating identity information received from the user, such as national identity number, with information in third party databases or other reliable sources;
- tracing the user’s Internet Protocol (IP) address;
- searching the Web for corroborating activity information consistent with the user’s transaction profile, provided that the data collection is in line with national privacy legislation;
- obtaining a notarized copy of an individual’s birth certificate or a business’ certificate of incorporation sealed with an apostille for valid identification.
Lack of Verification
In case of user verification failure, we may take the appropriate measures: (1) refuse the registration of the user’s account; and (2) determine whether it is necessary to inform law enforcement authorities in accordance with applicable laws and regulations. In addition, the Company reserves the right to verify the user’s identity on an ongoing basis, especially when their identification information has been changed or their activity seemed to be suspicious (unusual for the particular user). The Company also reserves the right to request up-to-date documents from the users, even though they have passed identity verification in the past.
3. COMPLIANCE OFFICER
Compliance Officer is the person, duly authorized by the Company, and fully responsible for implementing and enforcing this Program. Company has designated Maksym Holovakhin as its Compliance Officer.
The duties of the Compliance Officer with respect to this Policy shall include, but are not limited to:
- Establishing and updating internal policies and procedures for the completion, review, submission, and retention of all reports and records required under the applicable laws and regulations;
- Maintaining necessary and appropriate records;
- Monitoring transactions and determining any suspicious activity;
- Providing the appropriate law enforcement authority with information as required under the applicable laws and regulations;
- Ensuring the training of employees on the AML/KYC program.
- Ensuring internal audits of the AML/KYC program.
The Compliance Officer is entitled to interact with law enforcement authority, which is involved in the prevention of money laundering, terrorist financing, and other illegal activity.
4. RECORDKEEPING PROCEDURES
The Company reserves the right to keep all the identifying information provided by a user, the methods and results of verification, and the resolution of any discrepancies identified in the verification process.
We will keep records containing a description of any document that we relied on to verify a user’s identity, noting the type of document, any identification number contained in the document, the place of issuance, and if any, the date of issuance and expiration date.
Regarding non-documentary verification, we will retain information that describes the methods and the results of any measures we have taken to identify and verify a user. We will also keep records containing a description of the resolution of each substantive discrepancy discovered when identifying and verifying the information collected.
All transaction and identification records will be maintained for a minimum period of five years after the user account has been closed. All collected documentation is available to appropriate authorities upon request.
5. SUSPICIOUS ACTIVITY MONITORING AND REPORTING
The Company may monitor transactions to detect suspicious activity. For the purposes of this Program suspicious activity may be defined as the transaction which:
(1) involves funds derived from illegal activity or is intended or conducted to hide or disguise funds or assets derived from illegal activity;
(2) is designed, whether through structuring or otherwise, to avoid any recordkeeping or reporting requirements of the regulations;
(3) has no business or apparent lawful purpose; or
(4) facilitates criminal activity, including the use of KAIF Tokens in such actions.
Transactions that are unusual will be carefully reviewed to determine if it appears that they make no apparent sense or appear to be for an unlawful purpose. The Company reserves the right to request the user to provide any additional information and documents in case of suspicious transactions; and suspend or terminate user’s account when the Company has a reasonable suspicion that such user engaged in illegal activity.
The Compliance Officer shall decide whether a transaction is potentially suspicious and if considered necessary consult with the Company’s senior management to make the decision as to whether the transaction meets the definition of suspicious activity.
The Compliance Officer shall file a report, including supporting documentation, to notify the appropriate law enforcement authority in situations involving violations requiring an immediate attention, such as terrorist financing, continued money laundering schemes, or other financial crimes. And the Company also reserves the right to file a voluntary report for any suspicious transaction that we determined as a potential violation of any law or regulation but that is not required to be reported by us.
6. PROHIBITED JURISDICTIONS AND SANCTION POLICY
Prohibited Jurisdictions. KAIF Tokens are intended to be sold to participants only in those jurisdictions in and to those persons where and to whom they lawfully may be offered for sale. The Company may refuse from transactions with any person identified as a citizen or permanent resident of prohibited jurisdictions, unrecognized and/or partly recognized territories and/or states.
The prohibited jurisdictions shall include:
- The United States of America, including its states and territories (American Samoa, Guam, Mariana Islands, Puerto Rico, as well as U.S. Virgin Islands).
- The People's Republic of China.
- Any territories temporally occupied by the russian federation (such as Crimea, Pridnestrovian Moldavian Republic (Transnistria), Donetsk People's Republic, Luhansk People's Republic, Abkhazia, South Ossetia, etc.).
- Other countries and territories, including countries, where transactions related to digital assets are banned by the government or require registration and licensing by competent public authorities:
Afghanistan, Albania, Angola, Azerbaijan, Bosnia and Herzegovina, Bahamas, Barbados, Belarus, Botswana, Burkina Faso, Burma, Burundi, Cayman Islands, Cambodia, Cameroon, Chad, Congo, Cuba, Ethiopia, Eritrea, Fiji, Palau, Ghana, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Jamaica, Jordan, Lao people Democratic Republic, Liberia, Libya, Madagascar, Malia, Mozambique, Nicaragua, Nigeria, North Korea, Pakistan, Panama, Senegal, Somali, South Sudan, Sri Lanka, Sudan, Syria, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, Uzbekistan, Vanuatu, Venezuela, Yemen, Zimbabwe.
Sanction Policy. The Company may refuse from transactions with any person (a) identified or acting on behalf of any person identified as a “Specially Designated National”; (b) established in, resident in, or otherwise operating from countries or territories subject to Sanctions lists, including United Nations, European Union, UK Treasury and US Office of Foreign Assets Control (OFAC) sanctions lists in all jurisdictions in which we operate.
7. EMPLOYEE COMPLIANCE GUIDE
Employees of the Company must comply with legal requirements designed to detect and prevent money laundering and terrorist financing activities. In addition, the Company expects all of its employees to observe the following compliance standards:
- always conduct business in accordance with the highest ethical standards;
- follow this Program, the recordkeeping and reporting requirements included in this Program;
- always be alert to user’s transactions that may indicate money laundering or other criminal activity; and take proper steps to report and/or refuse such transactions;
- cooperate with law enforcement authorities within the confines of applicable law, and report any suspicious activities to the Company’s Compliance Officer.;
- refuse to conduct transactions if a user fails to provide sufficient identification or other required information. Depending on the circumstances may file a SAR (suspicious activity report) as a result.
Failure to follow this guide may violate the law, result in termination of employment of the Company’s employees, and even criminal prosecution.
8. TRAINING PROGRAMS
All of the officers and employees of the Company are required to receive AML/KYC training at least once a year. New employees shall receive appropriate AML/KYC training within 30 days of their hire date. In particular, the employees of the Company shall learn the order of use of third-parties’ providers such as Sumsub to confirm the authenticity of documents and information provided by the users.
Training course organization and materials will be tailored to an employee’s specific responsibility or function to ensure that the employee has sufficient knowledge and information to effectively implement the Company’s AML/KYC policies and procedures. In addition, all trainings shall be provided and updated regularly to reflect current developments and changes to laws and regulations.
9. PROGRAM UPDATES AND REVIEW
This Program, including all policies and procedures, shall be reviewed and updated or revised on as-needed basis, but no less often than once a year. Updates or modifications to this Program shall be initiated by the Compliance Officer and/or by the Company’s director.
Online Purchase Agreement # 1
(IP-Rights Ownership Transferring)
ACTUAL HOLDER: Chairman of Board of IP-Owners of KAIF Business Project - Mr. Maksym Holovakhin (Authorized to represent all IP-Owners)
NOMINAL HOLDER: KAIF ENTERPRISE - FZCO, Dubai, UAE (Authorized by IP-Rights Nominal Holding Agreement)
|Type of placement||Private Placement (only for KAIF members)|
IP-Shares of the Intellectual Property in accordance with IP-Certificate for Consolidated Composite Copyright Work – ‘KAIF PLATFORM Business Technologies and Intellectual Assets’ registered in European Organization INTEROCO Copyright Office (Germany) under Certificate No. EC-01-003854 dated 15.11. 2022 with recognition in 181 countries of the world.
IP-Shares will be supported by KAIF PLATFORM.
Nominal price for 1 IP-Share is $0.1
|Territory of recognition, IP-protection and using:||Worldwide: all member-countries of WTO & Berne Convention for the Protection of Literary and Artistic Works (UAE is a member of Berne Convention since April 14, 2004)|
|Period of IP-using:||
Start date: November 15, 2022
Last day: according to validity period of IP-certificates and other documentation
|National legislation:||UAE Federal Law No. (38) of the Year 2021 Concerning Copyrights and Neighboring Rights; other related laws|
|Summary of use (s):||Commercial using with royalty payments, investments|
|Agreement amount:||In accordance with KAIF PLATFORM Allocation Statement|
Intangible Assets Purchase Agreement # 1
(i) ACTUAL HOLDER - Chairman of Board of IP-Owners of KAIF PLATFORM - Mr. Maksym Holovakhin (authorized to represent all IP-Owners), and NOMINAL HOLDER: KAIF ENTERPRISE - FZCO, UAE, (authorized by IP-Rights Nominal Holding Agreement), further 'Sellers'
(ii) Private Individual “Buyer”, on the other part,
hereinafter jointly referred to as the “Parties” and individually as the “Party” have entered into the present online Intangible Assets Purchase Agreement about sale and electronic transferring of Intangibles Assets in form of IP-shares mentioned in present agreement with following granting to Buyer the IP-Share and IP-Ownership in accordance with paid amount and KAIF PLATFORM IP-Shares Allocation Statement.
I. DEFINITION OF TERMS
1.1 Proprietary Rights shall mean all Intellectual Proprietary Rights of Board of IP-Owners for IP-Shares, including but not limited:
- all other types of commercial using of IP-works;
- economic rights, including sales, reproduction, renting, etc.;
- right to protest against alteration of the works;
- right to grant license for exploitation of the work by any means, particularly for copying including electronic loading or storing;
- right to prohibit illegal using, protect from plagiarism, ban counterfeited using, etc.;
1.2 Sellers will transfer the ownership of IP-Shares Buyer on the basis of this Agreement;
1.3 Buyer shall mean the person who acquires IP-Shares and accepting present Terms and Conditions;
1.4 Documents shall mean all preparatory materials, all project materials and documentation related to the Consolidated Composite Copyright Work – KAIF PLATFORM Business Technologies and Intellectual Assets.
II. SUBJECT AND MATTER OF THE AGREEMENT
2.1 In accordance with the terms and conditions set forth in present Agreement, Seller is selling IP-Shares for the entire duration of such rights and to the territory of all countries of the world (according to the international treaties), and the Buyer undertakes to accept the transferred Proprietary Rights.
2.2 As a result of transfer and acceptance of the Proprietary Rights, the Buyer shall the benefits mentioned in Allocation statement.
2.4 Sellers undertake, at any time during the term of this Agreement or after its termination, to perform any/all necessary actions to confirm the creation of the IP-Portfolio, or to confirm or register the Property Rights to the IP-Portfolio and/or any other rights related to the IP-Portfolio, including signing of relevant applications, acts, agreements, powers of attorney and other documents.
III. PERMITS AND CONSENTS TO IP-PORTFOLIO
3.1 Sellers, as holders of IP-shares of IP-Portfolio of KAIF PLATFORM has agreed for mutual cooperation with Buyer in accordance with Mutual Ownership Agreement (available for review based on NDA in KAIF Enterprise office) to launch and develop KAIF PLATFORM Project in following forms and commercial activities:
3.1.1 To transfer commercial rights for IP-Shares to Buyer.
3.1.2. To translate the IP-Portfolio of KAIF PLATFORM into any language, to create adaptations and adjustments to IP-Portfolio, to modify or change it, to create any other versions of the IP-Portfolio, to combine and use the IP-Portfolio in conjunction with any other IP-works.
3.1.3 To make the IP-Portfolio available in any country of the world and in any form.
3.1.4 To distribute, license, or provide the IP-Portfolio in any country, with or without indication of the authors of the IP-Portfolio.
3.2 Create derivative products based on the IP-Portfolio.
IV. TRANSFER OF THE IP-PORTFOLIO
4.1 Transfer of the IP-Shares from Sellers to the Buyer shall be made within 3 days after receiving paid amount in form of:
Option 1: Issuance for Buyer the Endorsement Affidavit for legal verification of IP-Share ownership of Buyer.
Option 2: Sending Soft-Copy of IP-Shares encrypted by blockchain token.
Option 3: Sending soft-copy CERTIFICATE OF OWNERSHIP (based on notice of record about purchased IP-Share), which will be stamped and signed by Administration of INTEROCO Copyright Office (Germany) with extra charge.
Option 4: Sending hard-copy CERTIFICATE OF OWNERSHIP (based on notice of record about purchased IP-Share), which will be stamped and signed by Administration of INTEROCO Copyright Office (Germany) with extra charge.
V. CONSIDERATION AND PROCEDURE OF SETTLEMENTS
5.1 As a consideration due for acquisition of IP-Shares, the Sellers shall transfer IP-Share to the Buyer for paid amount in accordance with Allocation Statement.
6.1 Sellers represent and warrant that as of the date of execution of the Agreement the below facts are accurate, complete, valid, and non-misleading:
6.1.1 Sellers are the only Holders of IP-Portfolio and Proprietary Rights to the IP-Portfolio;
6.1.2 The IP-Portfolio is unique and not a plagiarism and not an illegal copy;
6.1.3 IP-Portfolio is an original work, developed and created by the author, no other persons were involved, that could claim as an author of the development and creation of the IP-Portfolio;
6.1.4 The authors of IP-Portfolio have not violated any third-party rights with respect to Proprietary Rights in connection with development and creation of IP-Portfolio;
6.1.5 All ideas, design, creative concepts etc., on which the IP-Portfolio is based, were used by Sellers on a proper and eligible legal basis;
6.1.6 IP-Portfolio and its elements were not created as a subject to an order, agreement and inquiry from any party other than Sellers, and there are no legal grounds which would allow any third party to file a claim with respect to the Proprietary Rights to IP-Portfolio or any part thereof;
6.1.7 The conclusion and implementation of this Agreement will not violate the proprietary rights or lawful interests of third parties, any agreement or obligation; such conclusion and implementation will not create the possibility of such violation, nor will they constitute a basis for amendment or termination of any contract, and conclusion and implementation of this Agreement will not constitute a basis for application of the contractual or similar liability;
6.1.8 Use, operation, maintenance, and development of IP-Portfolio do not require and will not require in the future, the rights to use, access or own IP-Portfolio and products, which are protected by patent, trademark, copyright or any third-party Property Rights;
6.1.9 IP-Portfolio and Proprietary Rights are free from any encumbrances and interests of third parties;
6.1.10 The development, copying, licensing, modification, adaptation, marketing, demonstration, transfer into open access and any other use of IP-Portfolio for commercial or non-commercial purposes as well as use of the Proprietary Rights do not violate and will not violate in the future, the proprietary rights of any third parties;
6.1.11 There is no current violation of any Proprietary Rights which are transferred and there were no suits, claims or accusations against a third party in connection with any allegations regarding infringement of the intellectual property rights to IP-Portfolio, nor were there any circumstances that could constitute a basis for suits, claims or accusations;
6.1.12 Except for the IP-Portfolio, there are no other similar versions of IP-works, adaptations, modifications and other versions/variants of IP-Portfolio;
6.1.13 Sellers are not involved in dispute settlement procedures or similar relations with respect to the Proprietary Rights to be transferred or IP-Portfolio;
6.1.14 Sellers received all the necessary permits from the persons that have non-proprietary IP-rights to IP-Portfolio to exercise the rights provided by the Agreement
VII. TERM AND THE TERRITORY OF THE AGREEMENT
7.1 This Agreement shall be deemed to be entered into force for Buyer and takes effect from the date of his payment for IP-Share.
7.2 The termination of the Agreement shall not relieve the Parties from liability for violation hereof that took place during the term of the Agreement. The Agreement shall be deemed to be performed when the Parties have performed all their obligations under the Agreement.
7.3 The Agreement is in online form and shall have no territorial limitations.
VIII. LIABILITY OF THE PARTIES FOR VIOLATION OF THE AGREEMENT, DISPUTE SETTLEMENT
8.1 In case of violation of any obligation arising out of the Agreement (the “violation of the Agreement”), a Party shall be held liable as provided for by the governing laws.
For avoidance of doubt, violation of the Agreement shall be failure to perform or improper performance hereof, i.e. the performance in violation of the terms and conditions defined by the content of the Agreement. The Party shall not be liable for violation of the Agreement unless such violation has occurred through its fault. The Party shall be considered not at fault and shall bear no liability if it proves that it has taken all measures available to it to perform the Agreement properly.
8.2 Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the UAE laws, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dubai International Arbitration Centre (DIAC), Dubai, UAE. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of UAE.
IX. EXIT FROM IP-RIGHTS OWNERSHIP AND OTHER PROVISIONS
9.1 Amendments to this Agreement may be introduced only by Board of IP-Owners of KAIF PLATFORM.
9.2. By entering into this Agreement the Parties confirm that:
9.2.1 The execution and performance of the Agreement by the Parties meets the objects of the Parties' activities and/or the provisions of their constituent documents;
9.2.2 The Party's representative who accept the Agreement has all powers to represent the Party and sign the Agreement on behalf of the Party;
9.2.3 Any information that has come to the knowledge of one of the Parties due to the performance of its obligations under the Agreement and the disclosure of which may cause harm to the other Party shall be confidential and not be disclosed to third parties or published failing prior consent of the other Party. For the disclosure of the confidential information the Party at fault shall be liable within the amount of the losses inflicted on the other Party by such disclosure;
9.2.4 The Parties have agreed on all essential terms and conditions of the Agreement.
X. CONTACT DETAILS OF SELLERS AND BUYERS
Chairman of Board of IP-Owners
of KAIF PLATFORM –
Mr. Maksym Holovakhin
(Authorized to represent all IP-Owners)
Mr. Maksym Holovakhin
KAIF ENTERPRISE - FZCO
(Authorized by IP-Rights Nominal
Mr. Maksym Holovakhin