1 GENERAL TERMS
1.1 By accessing or using the Services, you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement, as well as our Privacy Policy, Cookie Policy, Law Enforcement Policy.
1.2 You will see a number of capitalized terms in this Agreement. These capitalized terms will be defined in the sentence they are used.
1.3 This Agreement applies to all Kapiton.com Services, including the Kapiton.com website, Including Wallet, Wallet Rewards, Swap, and anything that represents Kapiton.
1.4 You affirm that you are at least 18 years old and have the capacity to enter into this Agreement. If you are accessing the Services on behalf of the company you work for, you also affirm you have the capacity to enter into this Agreement on behalf of such company.
1.5 We may change the terms of this Agreement and any Supplemental Agreement at any time. Any changes will take effect when posted in one of our Services (such as our website or mobile or desktop applications), and your continued use of the Services means you have accepted these changes.
2 ACCESSING THE SERVICES
2.1 We grant you a revocable, limited, nonexclusive, non-transferable license to access and use the Services. Your access and use of the Services is conditioned on your compliance with this Agreement.
2.2 We may provide you with credentials to access some of the Services. You are solely responsible for maintaining the security of your credentials. You agree that Kapiton.com will not be held responsible for any unauthorized access to the Services (or any resulting harm from such unauthorized access).
2.3 Your use of any of the Services is subject to various laws, regulations, and rules of governmental or regulatory authorities applicable to you and our Services (“Applicable Law”). You agree to comply with all Applicable Law.
2.4 In order to use some of the Services, you will need to satisfy an onboarding process, along with our Compliance Program. For example, we may have to verify your identity or source of funds, or ask you for additional information. We may request personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us, you represent that it is accurate and you agree to update your User Account and/or Wallet Account information promptly, but in no event later than 14 days following any change in your information. If you fail to provide us with needed information, or keep your information updated, some Services may not be available to you (and you might not be able to access your funds). This does not include decentralized wallet app, only you have control.
2.5 We will use the Services to communicate with you (such as our website or mobile applications). We may also use the email address or telephone number you provide us.
3 THE WALLET
3.1 The following terms apply to your use of Wallet (also known as the “Private Key Wallet”). By using Wallet, you agree to this Section 3. Wallet is provided to you exclusively by the Kapiton.com entity outlined above.
3.2 The Wallet is only capable of supporting certain Digital Assets, as designated by us. You may not attempt to store any Digital Assets in your Wallet which we do not support.
3.3 When you create a Wallet, the Wallet software generates a cryptographic private and public key pair that you may use to send and receive any supported Digital Assets via the relevant Digital Assets network. It is imperative that you keep a backup of all Wallet credentials, including your passphrases, identifiers, backup phases, private keys and network addresses (and you keep this backup outside of the Services). If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access Digital Assets previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Services, or you may otherwise lose access to Digital Assets. We are not responsible for maintaining this information on your behalf.
(a) Risk Disclosures Relating to the Wallet.
(1) In order to be completed, any Digital Assets transaction created with the Wallet must be confirmed and recorded in the Digital Assets ledger associated with the relevant Digital Assets network. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by Kapiton.com.
(2) Kapiton.com has no control over any Digital Assets network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the relevant Digital Assets network. The transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Digital Assets network used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any Digital Assets or make any warranties whatsoever with regard to title.
(3) Once transaction details have been submitted to a Digital Assets network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. Kapiton.com has no control over any Digital Assets network and does not have the ability to facilitate any cancellation or modification requests.
4 Forks
(a) The underlying protocols are likely to be subject to sudden changes in operating rules ( i.e. a Fork or a Hard Fork). Forks may materially affect the value, function, and/or the name of Digital Assets you store in your Wallet Account. Where possible, we may provide you with notices or alerts on Forks and you must read such notices or alerts received from us to consider how to deal with upcoming Forks.
(b) It is your responsibility to make yourself aware of, and consider how to deal with, upcoming Forks. In the event of a Fork or other network disruption, there is a risk that we may need to temporarily suspend operations in relation to that Fork without providing advance notice to you. We may decline to support either or both branches of a Fork. You acknowledge the risks presented by Forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol and understand that the unsupported forked digital assets may not be made available to you. Kapiton.com is not responsible for any loss incurred by you caused in whole or in part, directly or indirectly, by a Fork or other network disruption.
5 No Password Retrieval
(a)With respect to the Wallet, Kapiton.com does not receive or store your Wallet password, nor any keys, network addresses or transaction history. We cannot assist you with Wallet password retrieval. You are solely responsible for remembering, storing and keeping secret your Wallet password. Any Digital Assets you have associated with such Wallet may become inaccessible if you do not know or keep secret your Wallet password. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase, wallet identifier or password) can dispose of Digital Assets in your Wallet.
(b)When you create a Wallet, you must: (i) create a strong password that you do not use for any other website or online service; (ii) provide accurate and truthful information; (iii) protect and keep secret all credentials for the Wallet; (d) protect access to your device and your Wallet; (iv) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet; and (v) use the backup functionality provided through the Wallet and safeguard your backup files. You agree to take responsibility for all activities that occur with your Wallet and accept all risks of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.
Kapiton.com does not currently charge a fee for receiving, sending or controlling Digital Assets in your Wallet. However, we reserve the right to do so in the future. Network fees (including, without limitation “miner’s fees”) required to use a Digital Assets network may apply to a transaction. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. You may select a greater or lesser fee. You are solely responsible for selecting and paying any such fee and Kapiton.com shall not advance or fund such a fee on your behalf. Kapiton.com shall not be responsible for any excess or insufficient fee calculation.
5 GENERAL RISK FACTORS
5.1 Kapiton.com does not give investment, tax, legal, or other professional advice by allowing you to use the Services, the ability to purchase, sell, or store Digital Assets, and we do not recommend, or endorse that you purchase or sell Digital Assets, or make any investment. Before engaging in any transaction or investment activity, you should consult a qualified professional. You acknowledge that (a) you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you; (b) you are familiar with the operation of Digital Asset trading and have the experience required to use the Services; and (c) you are responsible for determining whether using the Services is legal in your jurisdiction and you shall not use any of the Services if such use is illegal. Your use of the Services requires you to bear risks for which we will not be held responsible. We list some, but not all of these risks below:
(a) Hardware, software or connections required to interact with a Digital Assets network might fail, succumb to malware, unauthorized access or malicious attacks. Third parties may obtain unauthorized access to the Services, including, but not limited to your public and private keys. Kapiton.com shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
(b) Forks, unknown vulnerabilities in or unanticipated changes to the network protocol may cause losses to you or others. Kapiton.com has no control over any cryptocurrency network and shall not be responsible for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
(c) When placing a “market order” in a Digital Assets, your order will be executed immediately at the current market price. Market orders do not carry a limit price and will trade with anything on the order book. During periods of high volume, fast market conditions, illiquidity, or volatility in the marketplace, the actual price that a market order is executed at may be different from the best price indicated at the time of your order, and in some cases significantly so. The timing of transactions may be affected by matters in the blockchain and the application of the relevant protocols.
(d) Under certain market conditions you may find it difficult to liquidate a position. In such circumstances, the market may not have sufficient demand to meet your request to execute such a transaction. Placing contingent orders, such as a “stop” or “limit” order does not guarantee your potential loss will be limited to an intended amount, as market conditions may make it difficult to execute such orders. You may suffer losses due to orders executing at lower or higher values than anticipated or requested.
(e) Digital Assets are not legal tender, are not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections;
(f) legislative and regulatory changes or actions at the State, Federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets. It is possible that in the future, certain laws, regulations, policies or rules relating to Digital Assets may be implemented, which would directly or indirectly affect or restrict your interaction with Kapiton.com and your ability to use, transfer or exchange Digital Assets.;
(g) transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Once you send Digital Assets to an address, you may lose access to your Digital Assets temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Digital Assets. Digital Assets mistakenly sent to an address we do not control may not be recoverable.;
(h) the value of a Digital Asset may be derived from the continued willingness of market participants to exchange fiat currency for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear;
(i) the value of a Digital Asset may be derived from the continued willingness of market participants to exchange fiat currency for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear;
(j) there is no assurance that a person who accepts a Digital Asset as payment today will continue to do so in the future;
(k) the volatility and unpredictability of the price of Digital Assets relative to fiat currency may result in significant loss over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable. The price (which can go up or down and even drop to zero) and liquidity of Digital Assets have been subject to large fluctuations in the past and may be subject to large fluctuations in the future.;
(l) the nature of Digital Assets may lead to an increased risk of fraud or cyber attack;
(m) the nature of Digital Assets means that any technological difficulties experienced by Kapiton.com may prevent the access or use of your Digital Assets; and
(n) any bond or trust account maintained by Kapiton.com for the benefit of its customers may not be sufficient to cover all losses incurred by customers.
5.2 By using the Services, you agree that the data sources that maintain your accounts and any third parties that interact with your Credentials or account data in connection with our service are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under Applicable Law.
5.3 Data sources make no warranties of any kind related to the data provided by our services-whether express, implied, statutory, or otherwise. No data provided by us is an official record of any of your accounts.
6 Limitation of Liability.
(a) Kapiton.com shall not be liable to you or anyone else for any loss or injury resulting directly or indirectly from your use of the Services, including any loss caused in whole or part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from the negligence of Kapiton.com or contingencies beyond its control in procuring, compiling, interpreting, computing, reporting, or delivering Kapiton.com, the Services thereon or the information therein. In no event will Kapiton.com be liable to you or anyone else for any decision made or action taken by you in reliance on, or in connection with your use of the Services or the information therein.
(b) IN NO EVENT SHALL Kapiton.com, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR: (I) ANY AMOUNT GREATER THAN THE VALUE, IN U.S. DOLLARS, OF THE DIGITAL ASSETS AT ISSUE IN THE CLAIM AT THE TIME OF THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM; OR (II) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF Kapiton.com HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(c) UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY DIGITAL ASSETS AS DAMAGES, OR SHALL YOU BE ENTITLED TO SPECIFIC PERFORMANCE OR ANY OTHER SIMILAR REMEDY. YOU AND WE AGREE THAT ANY CALCULATIONS OF DAMAGES BASED IN ANY WAY ON THE VALUE OF DIGITAL ASSETS SHALL BE BASED ON THE LOWEST VALUE OF THE DIGITAL ASSETS DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.
(d) WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH VIRUSES, NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE EVENT (INCLUDING BUT NOT LIMITED TO (I) ACTS OF GOD, NATURE, COURT OR GOVERNMENT; (II) FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS; (III) ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM Kapiton.com IS NOT RESPONSIBLE; (IV) DELAY, FAILURE, OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD PARTY SERVICES AND SITES; (V) STRIKES, LOCK-OUTS, LABOUR DISPUTES, WARS, TERRORIST ACTS AND RIOTS; AND (VI) VIRUSES, MALWARES, OTHER MALICIOUS COMPUTER CODES OR THE HACKING OF Kapiton.com’S SYSTEMS).
(e) THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
Any and all of our indemnities and warranties (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth in this Agreement. Nothing in this Agreement excludes or limits liability which may not be limited or excluded under Applicable Law.