📖WEB SITE Terms & Conditions

Website and Platform Terms & Conditions

---

Tech Company in British Virgin Islands

Oct 19, 2023

These are the terms and conditions (Terms) between the user (“Member”, “User”,“you” or “your”) and the Platform (hereinafter referred to as “Platform”, “we”, "us,” or “our”). By accessing, using, or signing up on the Platform or any services provided by the Platform, you agree that you have read, understood, and accepted all of the Terms stipulated in this agreement. If you do not agree to any of these Terms, it is advised that you discontinue the use of our Platform immediately.

We offer a range of services, each potentially governed by distinct terms and conditions. Should you elect to utilize any supplementary services or procure digital content from our Platform, you are obliged to examine and assent to the respective terms and conditions pertinent to that particular service.

1. Eligibility

1.1. The subsequent categories define those who are qualified to register and utilize our Platform: Any individual, being a natural person of at least 18 years of age, possessing the requisite legal capacity, and having the necessary authorization to be bound by these Terms. Such individuals should fulfill the age criteria and must have the legal competency to partake in the activities and transactions enabled by our Platform. Our primary focus remains on upholding the legal stipulations and ensuring age-appropriate access to create a responsible and secure environment for all Members. By detailing the eligibility prerequisites, our objective is to foster a Platform conducive and appropriate for those adhering to the essential legal and normative mandates.

1.2. Restrictions Pertaining to Members: We maintain the discretion to determine the markets and regions for our operations. Owing to our internal strategic decisions and in alignment with global benchmarks and directives, access to our Platform may be limited or denied for specific Members. This encompasses individuals from regions flagged for elevated risks of money laundering by entities like the Financial Action Task Force (FATF) and Basel guidelines. It also pertains to individuals who are on financial sanctions rosters, inclusive but not limited to the United Nations Security Council Sanctions List and The Office of Foreign Assets Control (OFAC) of the US Department of the Treasury.

1.3. Citizens and residents of the United States of America, China, and the United Arab Emirates are precluded from registering and finalizing the sign-up process on our Platform, aligning with our internal guidelines. Notably, as our company is based in the British Virgin Islands, specific regulations may apply.

2. Account Registration

2.1. To establish an account on our Platform, you must complete the stipulated registration procedure. By creating an account, you affirm and consent that the account is for your exclusive personal utilization and shall not represent any third-party interests unless we've accorded express written approval.

2.2. As part of the registration, you're obligated to furnish truthful details and undergo an identity verification process. It's paramount to select a robust password for your account. Finalizing the registration affirms your acceptance of these Terms, inclusive of any supplementary service terms, Privacy Policy, Cookie Policy, and other relevant regulations that oversee our Platform's utilization.

2.3. We've integrated a Know Your Customer screening mechanism, more widely recognized as the Know Your Client (KYC) verification, in line with the British Virgin Islands (BVI) requirements. This entails various measures to guarantee comprehensive identity validation, such as Personal Identity Verification, Validation of Documents, Screening for Sanctions & Politically Exposed Persons (“PEP”), Real-time Face Match and Liveness Check, Recognized Face Search and Verification of Email, Contact Number, and Address.

2.4. By submitting the above details, you vouch for their authenticity and accuracy. You're also committed to updating us promptly regarding any alterations, ensuring the sustained veracity and comprehensiveness of the information. If we ascertain reasonable suspicions about the credibility of the submitted data, we may solicit corrections.

2.5. We possess the autonomy to grant or decline registrations on the Platform. We aren't mandated to approve all applicants and might reject, annul, or suspend registrations without elucidating a specific rationale.

2.6. Post successful registration and KYC verification adherence, members are bestowed with invitations for Platform participation, enabling access to services and reward initiatives. It's imperative to note that entry is dependent on satisfying the criteria as set forth by us.

2.7. Members can harness a referral link within our Platform, facilitating sharing and invitations to others. Depending on your referral metrics, you might qualify for relevant rewards.

2.8. Account security rests squarely on your shoulders, entailing password protection and maintaining the confidentiality of other account specifics. If we discern potential security breaches or Platform misuse via your credentials, we might communicate our apprehensions. In such scenarios, you might be advised to modify your password to bolster account safety. Furthermore, for preserving Platform integrity, we retain the prerogative to suspend or delete accounts as deemed fit.

3. Our Tokens

3.1. ("KMT") represents a virtual token available on our Platform. This token grants Members the ability to engage in the services offered by the Platform by facilitating transactions and unlocking various features and functionalities. Members have the option to exchange BTC, USDT, and ETH for this token within the confines of the Platform. This token can be exchanged solely for USDT.

3.2. A separate virtual token, referred to as "," can be obtained by Members as rewards on our Platform. Members can redeem "" tokens using the Platform's exchange feature, which allows its conversion to USDT. Moreover, members possess the choice to extract "KMT go" from the designated pool and transform it into USDT. They can also revert the USDT back into the primary token, facilitating their participation in repurchase actions.

3.3. For the purpose of this Agreement, the primary token and "KMT" shall collectively be referred to as “Tokens.”

4. Legal and Risk Disclaimer

4.1. By interacting with the Platform, you acknowledge and accept that you are the sole party responsible for any incurred costs and expenditures resulting from your Platform engagement. This comprehensively includes, but is not confined to, charges for internet connectivity, mobile data usage, and all other associated costs or expenses related to utilizing the Platform.

4.2. We offer no guarantees or assurances regarding the Platform's appropriateness or availability for use outside the British Virgin Islands (BVI). If you choose to access and engage with the Platform from locations beyond the BVI, such actions are taken at your own volition, and you assume full responsibility for compliance with relevant local statutes and regulations in those regions.

4.3. As a condition of the Platform usage, you commit to refrain from:

4.3.1. Malicious actions or exploitation of our Platform, inclusive but not limited to the deliberate introduction of viruses, trojans, worms, logic bombs, or other detrimental or malicious entities that could inflict technological damage.

4.3.2. Endeavors to access our Platform without authorization, the server housing our Platform, or any other associated server, computer system, or database linked to our Platform.

4.3.3. Adherence to these stipulations aids in upholding the security and soundness of our Platform and related infrastructure.

4.4. In instances of violations of these Terms or any pertinent law, we retain the prerogative to temporarily halt your Platform access or terminate your membership. Such measures may be instated at our unilateral judgment to safeguard our Platform's integrity.

4.5. You further acknowledge that we will not be held responsible for remedying any damages or losses incurred while using the Platform. While we strive to provide a secure and reliable Platform, there may be situations where issues arise that cannot be fully resolved or where losses occur. Therefore, you understand and accept that any losses or damages incurred while engaging with the Platform are solely your responsibility. By using the Platform, you agree that we will not be held liable for any losses, damages, or negative outcomes resulting from your use of the Platform or any related services. You assume full responsibility for your actions, decisions, and the consequences that may arise from using the Platform.

5. Use of Third Parties

5.1. As an operational platform, we may enlist the expertise of various third-party entities, service providers, and representatives to support our endeavors securely and efficiently. Such partnerships empower us to proficiently deliver requisite services to our membership base. You recognize and consent that we are exempt from liability for the actions, neglects, or service quality of any third-party contributors. Additionally, you grasp and appreciate that these third-party entities might operate under their distinct terms and conditions, dictating their service provision, and you are obligated to acquaint yourself with such terms.

6. Account Restrictions

6.1. If there arises an instance where a user attempts to access any segment of the Platform or its associated functions without proper authorization, breaches security protocols, misrepresents identity, conceals the source of communications, or engages in illicit activities, and should we harbor significant concerns over suspicious undertakings or questionable virtual currency transfers, we retain the unmitigated right, in accordance with pertinent regulations, to act without securing your acquiescence or issuing forewarnings:

6.1.1. Temporarily halt or limit your access to the Platform or specific features.

6.1.2. Place a hold on or freeze your account or Tokens.

6.1.3. Decline or protract the processing of transactions or appeals you initiate.

6.1.4. Pursue additional inquiries or substantiation of your identity or actions.

6.1.5. Relay the questionable activity to the appropriate internal overseers, legal authorities, or regulatory entities when deemed necessary.

6.1.6. Undertake any requisite measures to safeguard the Platform's integrity, ensure security, and uphold compliance.

7. Platform Services

7.1. The Platform provides an array of services, encompassing primary features like pools, swaps, and reward schemes (hereafter termed as "Services"). Distinct services are directed by their individual terms and conditions. We earnestly recommend Users to thoroughly peruse and understand the stipulations relevant to our services. For a detailed understanding and acceptance of our service terms and conditions, consult the links provided below.

7.1.1. “FOLLOWTHELEADER” Terms and Conditions

7.1.2. “SWAP” Terms and Conditions

7.2. By accessing the aforementioned links, Users can explore the specific terms and conditions tied to our Services. Should any queries or apprehensions arise concerning our service terms and conditions, kindly contact our customer assistance team for comprehensive guidance.

8. Death of A User

8.1. Should we receive credible information or legal documentation confirming a Member's death, we shall:

8.1.1. Account Immobilization: Immediately freeze the deceased Member's account, halting all transactions and activities.

8.1.2. Document Examination: Mandate the presentation of legitimate legal proof like a death certificate, probate record, letter of administration, or a valid testamentary instrument pertaining to the deceased.

8.1.3. Access Authorization: Post validation of the aforementioned documents, the designated executor or legal representative will be granted access to oversee the deceased Member's account.

8.1.4. Asset Transition: In adherence to the agreed terms and the deceased Member's directives or as dictated by the law, we shall cooperate with the authorized representative to facilitate the transfer of Tokens and other relevant assets from the deceased Member's account.

8.2. The procedure might necessitate supplementary documentation, contingent on distinct situations and legal stipulations.

8.3. If there arises ambiguity concerning the legitimacy of the executor's appointment concerning a Member's account, we retain the right to demand a judicial order from an authorized court to address and clarify the predicament prior to any consequent action on the account. This procedural requirement of a judicial order ensures that potential disputes or ambiguities regarding executor appointments are judiciously settled.

9. Protection of Personal Data

9.1. We prioritize your privacy and the safeguarding of your personal data. We pledge to manage your data in compliance with prevailing data protection legislations. For comprehensive insights on our data management practices, we direct you to our Privacy and Cookie Policy.

9.2. Please note that personal data shared during registration will be governed by our Privacy Policy, which elucidates our data management, protection, and your associated rights.

10. Intellectual Property Rights

10.1. We, along with our licensors, retain all intellectual property rights related to the Platform. This encompasses all text, multimedia, software, and other content accessible on the Platform ("Content"). Such Content is protected under intellectual property statutes, including but not limited to copyright, trademarks, and proprietary rights. You concur that all these rights in the Platform and Content are either owned by us or licensed to us.

10.2. You're accorded a restricted, non-exclusive, non-transferable license to access the Platform and its Content for personal, non-commercial purposes, subjected to these Terms. Unauthorized replication, modification, distribution, or any form of exploitation of the Platform or its Content is strictly prohibited without our prior written authorization.

10.3. You commit to refrain from any actions that might infringe upon our or any third party's intellectual property rights concerning the Platform or its Content. Unauthorized usage might attract legal repercussions. All rights not specifically granted herein are retained by us. For any suspected infringement of intellectual property on our Platform, we encourage communication via the provided contact details.

10.4. It is imperative to understand that these Terms do not infer any transfer of ownership or intellectual property rights pertaining to the Platform or its Content to you. All rights, unless explicitly mentioned, are held by us and our licensors.

11. Software Usage

11.1. We grant Users a limited, non-exclusive license to utilize the software available on our Platform. This permission is exclusively for personal, non-commercial purposes and is conditioned upon adherence to these Terms.

11.2. Commercial use or resale of our services, inclusive of the software, is strictly forbidden. Unauthorized reproduction or distribution of the software in violation of these Terms or any other relevant terms is prohibited. It is crucial to understand that the license provided is restrictive and doesn't transfer any ownership or intellectual property rights regarding the software. All proprietary rights concerning the software are retained by us or our licensing partners.

12. Liquidation

12.1. Should a liquidation scenario arise, a designated liquidator will be appointed to liaise with stakeholders. This individual will inform stakeholders about the liquidation process, their respective rights, and the requisite steps they need to undertake. The liquidator will also delineate the procedure for Members to lodge their claims, validate their assets, and orchestrate the equitable distribution of resources in accordance with prevailing legal standards.

13. Unclaimed Tokens

13.1. Should your Tokens remain in your account and, over a period of two (2) months, we cannot establish contact with you or note an absence of service usage over an extended time at our discretion, we may declare these Tokens as "Unclaimed Property" in accordance with British Virgin Islands regulations, where relevant.

13.2. For clarity, prior to any such declaration, we will undertake diligent attempts to notify you. To prevent potential issues, we advise Users to consistently update their contact details and engage with our services, ensuring continued access and oversight of their Tokens.

14. Risk Disclaimer

14.1. The User acknowledges that the Platform may, from time to time, encounter disruptions, delays, or errors due to technical challenges, cybersecurity breaches, unforeseen external factors, or other anomalies. The Platform disclaims any liability for any losses, damages, or inconveniences suffered by the User as a result of such disruptions, and does not guarantee continuous, uninterrupted, or error-free service.

14.2. The Platform reserves the right to carry out unscheduled updates or modifications to improve its functionality, security, and overall user experience. These updates may temporarily disrupt access to or use of the Platform. The User agrees to bear any inconveniences or interruptions resulting from such updates.

14.3. The Platform does not offer, provide, or engage in rendering financial, legal, or investment advice or services. All financial engagements, transactions, or decisions made on or through the Platform are undertaken solely at the User's risk and discretion. The Platform shall not be held liable for any losses or adverse outcomes arising from such engagements.

14.4. The User acknowledges that the markets for tokens and virtual assets can be inherently volatile, unpredictable, and may present risks. It remains the User's responsibility to exercise due diligence and prudence when engaging in any activities and/or participating in any features and reward programs on the Platform. The Platform may inadvertently list or allow the trading of fake, counterfeit, or fraudulent tokens. The User assumes all risks associated with engaging with such tokens, and the Platform expressly disclaims any liability for losses or damages arising from such engagements.

15. Services and Reward Programs

15.1. Our Platform provides various services, each governed by specific terms and conditions, in addition to the conditions set forth in these Terms, Before using any service, it is imperative that you review and understand its respective terms. Engaging with a service indicates your acceptance of its terms. Compliance with these terms is essential for utilizing our services.

16. Force Majeure

16.1. We are not liable for any failure or delay in our services arising from events beyond our control, including but not limited to natural disasters, governmental actions, acts of terrorism, war, software and network malfunctions, or other unforeseeable events.Such events are unpredictable and outside our control. Thus, we shall not be responsible for any consequential losses or damages. Members should be cognizant of these risks and take measures to protect their interests.

17. Third-Party Rights

17.1. These Terms are solely between the Platform and the User. No third party has any rights or claims under these terms. Only the Platform and the User can enforce these Terms.

18. Class Action Waiver

18.1. Both parties concur that all claims or disputes shall be resolved individually, not as part of any class, collective, or representative action. Neither party shall consolidate or combine their claims with others without the mutual consent of all involved parties. This provision ensures that disputes are addressed on an individual basis and prohibits class actions.

19. Limitation of Liabilities and Warranties

19.1. The Platform shall not be accountable for any direct or indirect damages, including but not limited to loss of profits, data, or goodwill, arising from the use or inability to access our services. The liability constraints set herein shall be upheld to the extent allowed by law, and the User agrees not to hold the Platform or its affiliates responsible beyond these set limits. This does not limit liability for death or injury due to our negligence or any liability impermissible to exclude or restrict by law.

19.2. As permitted by law, services provided by or on behalf of the Platform are offered "as is" and "as available", without warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a specific purpose.

19.3. The Platform does not assure the accuracy, reliability, or error-free nature of its services. Orders may not be executed, recorded, or sustained. The User acknowledges that data transferred or stored may be lost or temporarily inaccessible due to various causes, including technical failures, internet disruptions, or external attacks. It's the User's responsibility to maintain backups of their information.

19.4. You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, directors, agents, and employees, harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorney's fees) arising out of or related to your conduct, your use or inability to use our platform, your breach or alleged breach of these terms or of any representation or warranty contained herein, your unauthorized use of our content, or your violation of any rights of another.

20. Complaint Resolution Process

20.1. We prioritize resolving disputes efficiently. Should you have concerns regarding our services, we urge you to reach out to us promptly.

20.2. To expedite the resolution, please provide:

20.2.1. Your full legal name as on official documents.

20.2.2. The email address linked to your account or previously used in our communications.

20.2.3. A clear description of the issue, inclusive of pertinent data like dates, transactions, and any supportive documentation.

20.3. We aim to respond within three (3) working days. If we're unable to, rest assured, we'll get back no later than seven (7) working days post-receipt. Your concerns are paramount, and we're devoted to an effective resolution.

20.4. For an efficient resolution, kindly revert to our communications within twenty-one (21) days of our initial response. Absence of a timely response might lead to the conclusion of your complaint and discontinuation of the related probe.

21. Governing Law

21.1. These Terms, and any matters arising out of or in relation to them, shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict of laws principles.

21.2. Any disputes, controversies, or claims arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands.

22. Contact Us

22.1. Should you have any grievances, concerns, or inquiries, kindly reach out to us via email at [email address]. We remain dedicated to addressing and resolving your queries with the utmost diligence.