IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 11. PLEASE READ THE AGREEMENT CAREFULLY.
Kaxaa Wallet is a product built by Kaxaa Tech LLC (“Kaxaa,” “we,” “us,” or “our,”). Kaxaa is a leading blockchain software development company. With a focus on utilizing decentralized technologies, such as Ethereum, our software powers a revolution in commerce and finance while optimizing business processes. Kaxaa hosts a top-level domain website, https://kaxaa.com/, which provides information regarding Kaxaa and our products and services (collectively, the “Offerings”), as well as subdomains for our products or services (the top-level domain with the subdomains collectively referred to as the “Site”). These domains include text, images, audio, code, and other materials or third-party information.
These Terms of Use, including their appendix (the “Terms,” “Terms of Use,” or “Agreement”), contain the terms and conditions that govern your access to and use of the Site and Offerings provided by us. This Agreement constitutes a binding contract between us and you or the entity you represent (“you” or “your”). Please read these Terms of Use carefully before using the Site or Offerings. By using the Site, clicking a button or checkbox to accept or agree to these Terms where that option is made available, completing an Order, or using or otherwise accessing the Offerings (the date on which any of the events listed above occur being the “Effective Date”), you (1) accept and agree to these Terms and any additional terms that apply to certain Additional Offerings (as defined below), rules, and conditions of participation issued by Kaxaa from time to time and (2) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Notice. If you do not agree to the Terms or perform any and all obligations you accept under the Terms, you may not access or use the Offerings.
You represent to us that you are lawfully able to enter into contracts. If you are entering into this Agreement on behalf of an entity, such as the company you work for, you represent to us that you have the legal authority to bind that entity. Please see Section 13 for definitions of certain capitalized terms used in this Agreement.
In addition, you represent to us that you are (1) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom, or other applicable government authority, and (2) not located in any country subject to a comprehensive sanctions program implemented by the United States.
1. The Offerings.
1.1 Generally. You may access and use the Offerings only in accordance with this Agreement. You agree to comply with the terms of this Agreement and all laws, rules, and regulations applicable to your use of the Offerings.
1.2 Offerings and Access. Kaxaa offers a number of Offerings under the Kaxaa brand or brands owned by us. These include Kaxaa Wallet and others. Offerings are generally accessed through the Site or through a third-party provider approved by us, such as the Google Play or Apple App stores, unless otherwise agreed in writing. Some Offerings may require you to create an account with Kaxaa, enter a valid form of payment, and select a paid plan (a “Paid Plan”) or initiate an Order.
1.3 Third-Party Content and Services. In certain Offerings, including Kaxaa Wallet’s Swaps, Bridging, Staking, and Snaps, you may view, have access to, and use informational content, products, or services of one or more third parties (“Third Party Content” and “Third Party Services,” respectively). In each such case, you agree that you view, access, or use such content and services at your own election. Your reliance on any Third Party Content and use of Third Party Services in connection with the Offerings is governed on one hand by this Agreement but, on the other, will also generally be subject to separate terms and conditions set forth by the applicable third-party content and/or service provider. Those terms and conditions may involve separate fees and charges or may include disclaimers or risk warnings about reliance on or the accuracy of any information. Such terms may also apply a privacy policy different from that which Kaxaa maintains and incorporates into this Agreement. It is your responsibility to understand the terms and conditions of Third Party Services, including how those service providers use any of your information under their privacy policies.
Third Party Content and Third Party Services are provided for your convenience only. We do not verify, curate, or control Third Party Content. We do not control Third Party Services. As a result, we do not guarantee, endorse, or recommend such content or services to any or all users of the Offerings or the use of such content or services for any particular purpose. You access, rely upon, or use any Third Party Content or Third Party Service at your own risk. Kaxaa disclaims all responsibility and liability for any Losses on account of your reliance upon or use of such content or services. We have no responsibility for Third Party Content that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third Party Content or to use a Third Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third Party Service at any time without notice.
1.4 Support. You may seek or receive technical or product support, information, advice, or guidance from us regarding the Offerings, including via a third-party service provider, chat interface, or email. All support made available or provided by or on behalf of Kaxaa is believed to be reliable, but we do not make representations or warranties, express or implied, as to its accuracy, completeness, or the results to be obtained. Such support is provided for informational purposes only, and by accepting such support, you represent that you have adequate skill and experience regarding the proper selection, use, and/or application of Offerings and use such Offerings at your own discretion and risk. With the exception of instances of gross negligence, you hold us harmless for any injury that may result from the support you receive from us. You are aware that our customer support efforts may be impersonated by malicious third parties, and you agree that we are not responsible for the actions of such impersonators. You further acknowledge that we will not offer support via SMS, WhatsApp, Telegram, WeChat, or Twitter DMs, and that we will never ask you for your private key, secret recovery phrase, or for you to make a payment to us.
BETA RELEASE USE TERMS
Your use of Beta is governed by the Kaxaa Terms of Use (the “Main Terms”), our Privacy Policy, which you may have entered into with Kaxaa Tech LLC (“Kaxaa,” “we,” “us,” or “our”), and these Supplemental Beta Terms of Service (the “Supplemental Beta Terms”). Together, when using the Beta with the Main Terms and Privacy Policy, the “Kaxaa Terms.” The Beta may include upcoming features to Kaxaa Wallet before they’re released. We may use the Beta to test such features, and you may similarly use the Beta for such a purpose. Your use and feedback helps us build the best version of Kaxaa Wallet possible. As a Beta, there may be an increased risk of bugs. By using the Beta, you (1) acknowledge and accept these risks, as well as those risks found in the Main Terms, and (2) agree to be bound by the Kaxaa Terms. Where there is any conflict between these Supplemental Beta Terms and any other terms supplied by Kaxaa, these Supplemental Beta Terms shall take precedence.
2. Warnings and Disclaimers We work hard to provide the best products and services we can. However, to the maximum extent permitted by law, our products and services are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. We do not control or direct what people and others do and we are not responsible for their actions or conduct. Specifically, there is a constant risk of phishing and similar malicious activities by third parties in an attempt to trick you into using third-party applications designed to cause harm to you. By virtue of its status as a beta release, the Beta may be more prone to bugs, incidents, or downtime. We encourage users to limit their use of the Beta to their own proportional risk assessment for a Beta release. The Beta is not intended to be a full commercial release, may not be supported as such, and carries with it a higher risk of loss and/or incident or failure due to its nature as a Beta. You acknowledge and accept all risks relating to your use of the Beta.
3. Feedback You may provide feedback, suggestions, and comments to us regarding the Beta (“Feedback”). You hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty- free, fully paid, sublicensable, and transferable license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, prepare derivative works, and otherwise fully exploit such Feedback in any medium or format, whether now known or later developed.