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Terms of Service

Last Updated: October 8, 2024

Welcome to the Terms of Service (these “Terms”) for our website-hosted user interface located at www.kintsu.xyz (the “Interface”), in each case, operated by or on behalf of the Kintsu Foundation (“Foundation”, “we” or “us”). The Interface and any content, tools, documentation, features and functionality offered on or through the Interface are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of the Terms, “you” and “your” means you as a user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity, and (b) you agree to these Terms on the entity’s behalf.

We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page, and the updated Terms will be effective immediately upon posting. Your continued use of the Website following any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes.

SECTION ‎13 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE FOUNDATION’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION ‎13.

  1. THE SERVICES

    1.1 General. The Services allow users to engage in liquid staking of AZERO tokens in their custody, access documentation, connect with other users of the protocol, stay informed about technical developments in relation to the Protocol, and interact with content posted by other users.

    1.2 The Protocol. The Services also display data and provide certain tools and functionality to facilitate a user’s access to the Kintsu Protocol, a blockchain-based protocol that is designed to enable liquid staking on the Aleph Zero network, and which allows users to stake their AZERO tokens and receive sA0 tokens in return, which can be utilized across various DeFi applications within the Aleph Zero ecosystem (the “Protocol”).

    Certain of the Services may be available for a fee that is payable via the Protocol. However, the Protocol itself is not part of the Services. There may be other ways to engage with the Protocol other than by using the Interface or other Services. Other developers are free to create their own interfaces to function with the Protocol. We do not control all activity and data on the Protocol itself, nor do we take possession, custody, or control over any digital assets on the Protocol (other than such assets that we hold or custody for ourselves or for third parties that have specifically authorized us to hold or custody such assets on their behalf, and that in each case are transacted in via the Protocol).

    You acknowledge and agree that we make no representations and warranties with respect to the Protocol, including any rewards or other rights. Your use of the Protocol is entirely at your own risk. Your participation in liquid staking may be subject to additional terms and conditions. Pursuant to the design of the Protocol, the Protocol may require that a certain amount of staked tokens be locked for a certain period of time while staking in order for you to access certain aspects of the Services, and withdrawal of staked tokens may be delayed.

    1.3 Account. To use certain Services, you may need to create an account or link another account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at legal@kintsu.xyz if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your Account, or we previously banned you from any of our Services, unless we provide written consent otherwise.

    1.4 Wallets. To use the Services that interact with the Protocol, you will need to connect a compatible third-party digital wallet (“Wallet”) with the Services. By using a Wallet in connection with the Services, you agree that you are using the Wallet under the terms and conditions of the applicable third-party provider of such Wallet. Wallets are not associated with, maintained by, supported by or affiliated with the Foundation. You acknowledge and agree that we are not party to any transactions conducted while accessing our Interface, and we do not have possession, custody or control over any digital assets appearing on the Services. When you interact with the Interface, you retain control over your digital assets at all times. We accept no responsibility or liability to you in connection with your use of a Wallet, and we make no representations or warranties regarding how the Services will operate or be compatible with any specific Wallet. The private keys necessary to access the assets held in a Wallet are not held by the Foundation. The Foundation has no ability to help you access or recover your private keys and/or seed phrases for your Wallet. You are solely responsible for maintaining the confidentiality of your private keys and you are responsible for any transactions signed with your private keys.

    1.5 Updates; Monitoring. We may make any improvement, modifications or updates to the Services, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features (the “Updates”) from time to time. Your continued access and use of the Services are subject to such Updates and you shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us. Although the Foundation is not obligated to monitor access to or participation in the Services, it has the right to do so for the purpose of operating the Services, to ensure compliance with the Terms and to comply with applicable law or other legal requirements.

  2. ELIGIBILITY

    2.1 Account. To access certain features...

    2.2 You must be 18 years of age or older and have capacity to form a binding contract under applicable laws to use the Services.

    2.3 You must not be a Prohibited Person to use the Services. A “Prohibited Person” is any person or entity that is:

    • Located in, incorporated or otherwise established in, or resident of, any country or territory that is the subject of sanctions or embargoes imposed by the Office of Foreign Assets Control (“OFAC”) of the U.S. Treasury Department; the Office of Financial Sanctions (“OFSI”) of HM Treasury of the United Kingdom; the European Union; or the United Nations.
    • an individual or entity, or acting on behalf of an individual or entity, that is listed on any sanctions list or embargoes, including but not limited to the Specially Designated nationals and Blocked Persons List maintained by OFAC; the consolidated list of financial sanctions targeted maintained by OFSI; or the E.U. consolidated list of sanctioned persons.
    • otherwise blocked or denied under any OFAC, OFSI, EU or UN sanctions program. The Foundation strictly complies with all sanctions laws and regulations promulgated by OFAC, OFSI, the EU and the UN. Access to the Site is expressly prohibited for any person or entity subject to such sanctions.

    2.4 By using the Services, you represent and warrant that you meet the Eligibility requirements in these Terms of Service and are not otherwise barred from using the Services under applicable law. We make no claims that the Services or any of its content is accessible or appropriate in your country or jurisdiction.

  3. OWNERSHIP AND RIGHTS OF USE

    3.1 Ownership of the Services. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), other than Third Party Services and Materials, are owned by the Foundation, its licensors, or other providers of such material and are protected under copyright, trademark, and other intellectual property laws. You agree that the Foundation and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.

    3.2 Ownership of Trademarks. The names, trademarks, designs and logos associated with the Foundation and our Services are trademarks of the Foundation or its affiliates or licensors. Other names, designs and logos that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

    3.3 Ownership of Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you, and you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the Feedback and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

    3.4 Rights of Use. We hereby permit you to use the Services for your internal use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services (such as the Documentation), we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that the Foundation, in its sole discretion, may elect to take.

  4. USER OBLIGATIONS AND RESPONSIBILITIES

    4.1 You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:

    • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
    • use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
    • use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
    • access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
    • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services or the computer systems, Wallets, accounts, protocols or networks connected to the Services;
    • use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
    • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
    • submit, transmit, display, perform, post or store any content that is unlawful, inaccurate or otherwise objectionable;
    • conceal your identity such as by using a proxy server or by using a post box as an address for the purpose of carrying out illegal, fraudulent, or other prohibited activities;
    • engage in any activity that seeks to defraud the Foundation or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
    • violate any applicable law or regulation in connection with your access to or use of the Services;
    • access or use the Services in any way not expressly permitted by these Terms; or
    • encourage or enable any other individual or entity to do any of the foregoing or otherwise violate the Terms.

    4.2 The Foundation is not obligated to monitor access to or use of the Services or to review or edit any content. However, we reserve the right to do so at our discretion, if we choose. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

    4.3 We may suspend your use of or cancel your use of the Services for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud, if required pursuant to applicable laws, or you violate these Terms.

  5. PRIVACY POLICY

    5.1 Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://kintsu.xyz/privacy-policy.

  6. THIRD PARTY SERVICES AND MATERIALS

    6.1 The Services may display, include or make available services, content, data, information, applications, smart contracts, protocols, or materials from third parties (“Third-Party Services and Materials”) or provide links to certain third party websites. The Foundation does not endorse any Third-Party Services and Materials. You agree that your access and use of such Third-Party Services and Materials is governed solely by the terms and conditions of such Third-Party Services and Materials, as applicable. The Foundation is not responsible or liable for, and makes no representations as to any aspect of such Third-Party Services and Materials, including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services and Materials. The Foundation is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services and Materials or websites. You irrevocably waive any claim against the Foundation with respect to such Third-Party Services and Materials. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Third-Party Services and Materials, or your reliance on the privacy practices, data security processes or other policies of such Third-Party Services and Materials. Third-Party Services and Materials and links to other websites are provided solely as a convenience to you.

  7. DISCLAIMERS

    7.1 Your access to and use of the Services, their contents, and any services or items obtained through the Services (including third party content on or off chain) is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Foundation, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Foundation Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATING TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE, QUALITY, PERFORMANCE, SUITABILITY OR FITNESS OF THE SERVICES AND THE PROTOCOL FOR ANY PARTICULAR PURPOSE, OR AS TO THE ACCURACY, QUALITY, SEQUENCE, RELIABILITY, WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN WHETHER LATENT OR PATENT.

    The Foundation Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services and the Protocol; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or the Protocol; (c) the operation or compatibility with any other application or any particular system or device, including any Wallets; (d) whether the Services or the Protocol will meet your requirements or be available on an uninterrupted, secure or error-free basis; (e) whether the Services or the Protocol will protect your assets from theft, hacking, cyber attack, or other form of loss caused by third party conduct; and (f) the deletion of, or the failure to store or transmit, User Content and other communications maintained by the Services.

    7.2 THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    7.3 THE FOUNDATION ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

    7.4 YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE FOUNDATION ENTITIES WILL BE RESPONSIBLE FOR.

    7.5 You and the Foundation acknowledge and agree that the Foundation Entities (other than the Foundation) are third party beneficiaries of these Terms.

  8. LIMITATIONS OF LIABILITY

    8.1 TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE FOUNDATION ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE FOUNDATION ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. THE FOUNDATION ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  9. ACKNOWLEDGEMENT OF RISKS

    9.1 Non-custodial wallets. The Services may allow you to create or connect a digital wallet holding digital assets to your account. You understand that we do not hold your assets, and take no custody of them. We have no access to your assets or funds. The Services may use third-party technology providers to facilitate your posting of digital assets, such as cryptocurrencies, for sale, and to trade digital assets with others on chain. It is your responsibility to ensure that you maintain control of your digital assets, and for trading them or selling them to others. Once you purchase or sell a digital asset, the transaction cannot be canceled or recalled. Because of how the blockchain works, all purchases and sales are final and cannot be refunded or undone. Once a transaction has been recorded in a digital wallet as instructed when the transaction was initiated, it cannot be recalled or retrieved under any circumstances. You hereby agree that you are not entitled to any credit or refund for any sales or purchases you make, and that all such sales and purchases are final.

    9.2 Volatility of digital assets. Digital assets are volatile and risky, and their trading is affected by many factors outside our or your control. You are solely responsible for any transactions, and for all fees that you may incur as a result of your acquisition or sales of digital assets, including (without limitation) “gas” costs. Our Services do not control the timing of any transaction, yet you acknowledge that the time of a transaction can affect the value of the asset or the fees associated with a transaction or both. You hereby agree that you hold us harmless against any and all claims arising from the transaction of your digital assets, or the timing of such transactions.

    9.3 Unavailability. The Services may not be available due to any number of factors including, but not limited to, periodic system maintenance, scheduled or unscheduled, acts of god, unauthorized access, viruses, denial of service or other attacks, technical failure of the services and/or telecommunications infrastructure or disruption. Neither the Foundation, nor its service providers, nor any other person associated with the Foundation make any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings or other data.

  10. NO ADVICE AND NO FIDUCIARY DUTIES

    10.1 All information provided on the Website is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the website or in the Services. You acknowledge and agree that the Foundation will have no obligation to provide you with any support or maintenance in connection with the Services.

    10.2 You also understand that we do not act as your financial advisors or give you any investment advice of any kind with respect to what assets you choose to hold in your wallet or any trading thereof. Before you make any financial, legal, tax or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

    10.3 To the fullest extent permitted by law, you acknowledge and agree that we the Foundation Parties owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

  11. INDEMNITIES

    11.1 By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Foundation Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Foundation Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) your negligence or willful misconduct; (e) any misuse of Third Party Services or Materials; or (f) any User Content. If you are obligated to indemnify any Foundation Entity hereunder, then you agree that Foundation (or, at its discretion, the applicable Foundation Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Foundation wishes to settle, and if so, on what terms, and you agree to fully cooperate with Foundation in the defense or settlement of such claim.

  12. DISPUTE RESOLUTION BY BINDING ARBITRATION

    PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE FOUNDATION ENTITIES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  13. GENERAL TERMS

    13.1 Governing Law. These Terms, your use of the Services, and any disputes arising out of or related thereto is governed by the laws of the Cayman Islands, without regard to its conflict of law provisions or principles.

    13.2 Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. The Terms of Service supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

    13.3 Severability. If any provision...

    13.4 Waiver. No waiver...

    13.5 Assignment. You may not assign...

    13.6 Force Majeure. We shall not be liable...

    13.7 Relationship of Parties. Nothing in these Terms...

    13.8 Third Party Rights. Except as expressly provided...

    13.9 Headings. The headings in these Terms...

  14. CONTACT

    14.1 You may contact us regarding the Services or these Terms by e-mail at legal@kintsu.xyz.