TERMS AND CONDITIONS
TERMS AND CONDITIONS - MYBROKER.CLUB
Last update: Dec 6th, 2023
1. RIGHTS AND OBLIGATIONS
1.1 Agreement Between You and Kimiko DAO
These terms of service (the "Terms") establish a legally binding agreement between you and Kimiko DAO concerning your utilization of the platform MyBroker.
1.2 Scope of These Terms
These Terms also extend their governance to your interactions with websites owned or operated by Kimiko DAO ("Sites"). Furthermore, these Terms encompass your engagement with custodian services offered in the Apps by a third Party ("Wallet"). It is essential to note that the use of any functionality within the platform provided by Kimiko DAO, including but not limited to platform MyBroker, must be understood in these terms. Services include (but are not limited to): logging in and signing up on the platform, posting video, photo, and text content, sharing your personal data as governed by the privacy & policy, buying and/or selling any NFT on the platform, purchasing merchandise, participating in surveys, sending and receiving emails and newsletters, and any other available services on the platform is subject to these Terms and Conditions. The use of platform MyBroker implies acceptance of all the points in these Terms and Conditions..
1.3 Acceptance of Terms and Legal Capacity
By accessing and/or using the Services, you indicate that you have thoroughly read, comprehended, and accepted all the following Terms. By using the Services, you also acknowledge your legal obligation to be bound by these Terms in their most recent version. Furthermore, you represent and warrant that:
- (i) You possess the legal capacity to enter into a binding agreement.
- (ii) If you do not have the legal capacity to enter into a binding agreement, you are at least 16 (sixteen) years old, and your parents or legal guardians have given their consent.
- (iii) If you are representing a corporation, governmental organization, or another legal entity, you possess the rights, authority, and capacity to enter into these Terms on behalf of that entity and legally bind it to these Terms.
1.4 Acceptance of Terms and Usage of Services
Your access and utilization of the Services are contingent upon your unreserved acceptance of these "Terms and Conditions." By employing the platform, you signify your commitment to abide by these terms. Kimiko DAO reserves the right to amend these "Terms and Conditions." Such modifications will become effective 14 (fourteen) days after their publication on the App or Sites, with the exception of changes necessitated by new features or legal mandates, which will take immediate effect. If you disagree with the altered terms, you are obligated to discontinue your use of the Services. You are expected to remain informed about any changes in the terms governing your use of the platform.
1.5 Amendment of Terms
Kimiko DAO reserves the right to make modifications to these Terms at any time. These amendments will become effective 14 (fourteen) days after the revised terms and conditions have been posted on the App or Sites, except for amendments related to new features or changes mandated by legal reasons, which will become effective immediately. Should you disagree with these modified terms, it is advisable to cease your use of the Services.
2. UTILIZATION OF SERVICES
2.1 Legal Advice and Platform Use
The services provided by Kimiko DAO are exclusively intended for end-users and consumers and should not be employed in the absence of professional legal advice. Kimiko DAO may facilitate connections between users and professional legal assistance services in the blockchain and real estate domain. Users are strongly encouraged to conduct research and obtain necessary permissions in accordance with the legislation of their country of residence before engaging in operations on the platform. If users have not previously acquired legal advice or specific authorization for their country of residence and tax jurisdiction, they should refrain from utilizing the platform for selling or buying purposes. In such cases, the platform may be used solely for entertainment purposes.
2.2 Service Requirements
To access specific services, users must either log in via Metamask or create an account. Users must also possess a compatible device, such as a desktop, tablet, or mobile phone, and an internet connection, which constitute the fundamental technical prerequisites for engaging with the services.
2.3 Account Security and Responsibility
Users are obligated to maintain the confidentiality of their account access information and refrain from sharing it with any third party. In the event of unauthorized access to their account, users are required to promptly notify Kimiko DAO. As the services are entirely decentralized, users are fully responsible for all activities conducted under their account, irrespective of their awareness of said activities. This underscores the critical importance of account security.
2.4 Account Termination and Survival of Terms
Users retain the option to terminate their account at any time. However, specific provisions of the "Terms and Conditions" will persist even after account termination or discontinuation of services. These enduring provisions encompass areas such as Intellectual Property, Content & Content Rights, Brand Points (if applicable), Limit of Use & Prohibited Conduct, Data Protection, Termination, Limitation of Liability, Indemnification, and Miscellaneous. Thus, particular terms and obligations remain applicable subsequent to account closure.
2.5 Age and Consent
Only individuals of legal age or those above 16 (sixteen) years old, with consent from their parents or legal guardians, are permitted to participate in the services. By engaging with a service, users affirm that they fulfill the age and legal capacity prerequisites, or, in the case of minors, are above 16 years old and possess parental or legal guardian consent. Kimiko DAO retains the right to request written proof of a user's age or the written consent of a parent or legal guardian at any juncture. If a user is a minor and employs the service after reaching legal age, any agreements made while they were a minor are considered ratified unless the user revokes the ratification within two weeks of attaining legal age.
2.6 Responsibility for Minor Users
Kimiko DAO disclaims responsibility for any activities conducted by minors, whether or not they possess parental or legal guardian permission. When a parent or legal guardian grants permission for their child to use the services, they concur with the terms and conditions related to their child's utilization of the services. This highlights the role and obligation of parents and legal guardians when authorizing their children to utilize the platform.
3. INTELLECTUAL PROPERTY
3.1 Protection of Kimiko DAO's Property
You hereby acknowledge and consent to the fact that the Services are the intellectual property of Kimiko DAO, its licensors, or its sub-licensors. These intellectual properties are safeguarded by both national and international laws, encompassing copyright, trademark, and other legal frameworks. Unauthorized actions, including but not limited to dissemination, copying, deletion, or other infringements upon the intellectual property rights and copyrights of Kimiko DAO, are subject to penalties under both civil and criminal law.
3.2 Limited License
Conditioned upon your compliance with the "Terms and Conditions," Kimiko DAO extends to you a limited, non-exclusive, non-transferable, non-sublicensable license. This license enables you to download and employ the Services and/or install a copy of the App on a mobile device. This copy of the App is designated for personal non-commercial use exclusively and may not be used for commercial or profit-generating activities. Certain restrictions are imposed, and, unless explicitly permitted in these "Terms and Conditions" or under applicable law, you may not:
(i) Copy, modify, or create derivative works predicated on the Services.
(ii) Distribute, transfer, sublicense, lease, lend, or rent the Services to any third party.
(iii) Reverse engineer, decompile, or disassemble the Services.
(iv) Make the functionality of the Services available to multiple users through any means. Kimiko DAO retains all rights in and to the Services that are not explicitly granted to you under these "Terms and Conditions."
3.3 Trademark Rights
You hereby recognize and concur that "MyBroker dApp", inclusive of its trademark, service mark, logo, and graphics, are registered trademarks or trademarks exclusively owned by Kimiko DAO. These elements are protected under intellectual property laws and unequivocally belong to Kimiko DAO.
4. CONTENT & CONTENT RIGHTS
4.1 License for Content
Kimiko DAO grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download, view, display, and utilize the Content. This license is extended to you on the condition that you adhere to the "Terms and Conditions." The term "Content" encompasses a wide array of materials, including text, smart contracts, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship, and information made available through the Services. This also incorporates "User Content," which pertains to any content provided by a user for utilization on the platform.
4.2 Ownership of Content and User Content
Kimiko DAO does not assert ownership rights over User Content. Users retain the rights to use and exploit their User Content without constraint. Nevertheless, Kimiko DAO and its licensors maintain exclusive ownership of all rights, title, and interest in and to the general Content, inclusive of intellectual property rights. Users acknowledge that the Content is protected under national and international law, including copyright, trademark, and other legal frameworks. Users undertake not to alter or obscure any copyright, trademark, service mark, or other proprietary rights notices associated with the Content.
4.3 License for User Content
By making User Content available through the Services, you grant Kimiko DAO a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual license. This license authorizes Kimiko DAO to use, copy, modify, create derivative works, publicly display, publicly perform, market, promote, and distribute your User Content. This license is granted in connection with the operation and provision of the Services and Content to you and other users, permitting Kimiko DAO to employ your User Content in various ways, including reproduction, broadcasting, promotion, and production of new products or services.
4.4 Responsibility for User Content
You bear sole responsibility for all your User Content and represent and warrant that you either own it or possess all the requisite rights to grant the license rights under these "Terms and Conditions." Furthermore, you assert and guarantee that neither your User Content nor your use and provision of it will infringe upon any third party's intellectual property rights, rights of publicity or privacy, or contravene any applicable law or regulation. You also commit not to assert your moral rights, such as the right to be identified as the author of User Content, against Kimiko DAO or any third party designated by Kimiko DAO, to the extent permitted by applicable law.
5. WORKING OF THE SERVICES
The MyBroker platform operates as a decentralized marketplace for the tokenization and sale of digital assets, affording users the opportunity to tokenize their properties and make them available for purchase by other users. Each user enjoys the freedom to determine royalty rights on both primary and secondary sales at their discretion.
5.1 Tokenization and Listing
- Tokenization: This process entails the conversion of real-world assets, such as land and buildings, into non-fungible tokens (NFTs) on the blockchain. Each NFT represents a fraction of ownership in the asset.
- Listing: Users can create and list their tokenized assets on the MyBroker platform, making them available for purchase by other users. Owners are empowered to specify the value of each fractional ownership and the duration for which the asset will be listed on the platform.
5.2 Transactions and Fees
- Transactions: The MyBroker platform acts as an intermediary for NFT transactions, ensuring the security and transparency of the buying and selling process.
- Fees: The platform imposes fees for various services, including:
- Transaction Fees: A fee applied to each NFT transaction, whether it is the initial sale (primary) or any subsequent resale (secondary). This fee compensates the platform for facilitating the transaction.
- Publication Fees: Fees related to the creation and publication of NFTs representing assets on the platform.
- Consulting Fees: Optional fees for consulting services that may be requested by either sellers or buyers.
5.3 Ownership and Earnings
- Ownership: Ownership of tokenized assets is transferred to NFT holders, thereby endowing them with the legal rights and responsibilities associated with asset ownership.
- Earnings: Any profits or losses stemming from the purchase and sale of NFTs are the sole responsibility of the NFT owners. The platform does not warrant or assume any responsibility for the financial outcomes of these transactions.
5.4 Decentralized Interaction
The MyBroker platform operates as a decentralized platform, free from central authority. It provides a space for users to interact with each other and trade tokenized assets directly, devoid of intermediaries.
5.5 Bidding and Offer Acceptance
- Bidding: Users have the option to submit bids, constituting offers to purchase a tokenized asset. These bids may be lower than the seller's listed price.
- Offer Acceptance: Sellers retain the autonomy to accept or decline offers. The decision to accept or reject an offer lies entirely at the discretion of the asset owner.
5.6 Platform Purpose
Welcome to MyBroker Platform : before you dive into using our services, we'd like to clarify the purpose and nature of our platform. These terms and conditions outline the rights, responsibilities, and expectations that govern your interaction with the MyBroker platform.
- The Primary Function: First and foremost, please understand that MyBroker is not meant to be used as investment platform. Their primary function does not revolve around financial investments.
- Exclusively Decentralized Services: this platform are purely decentralized services. Their core mission is to provide decentralized solutions.
- Designed for You: Our platform is built with your benefit in mind. They are exclusively designed to assist you in real estate-related transactions. This includes tokenization and other operations pertaining to real estate.
- Real Estate Solutions: Our platform aim to provide you with the tools and capabilities you need to engage in various real estate-related activities.
- In a Decentralized Manner: All of this takes place within a decentralized framework. We are committed to decentralization in everything we do.
- Prioritizing Security: We want you to know that we prioritize your security and strive to offer a secure environment for your real estate-related transactions.
- Not for Investment: Reiterating, this platform are not meant for investment purposes. Their core function is different from that of investment platform.
- Clear Usage: We explicitly advise you not to use this platform for investments. Please refrain from treating them as investment platform. Instead, we encourage you to engage in activities related to real estate, which align with our platform's intended use. Approach this platform with a clear understanding of their primary function, which is to facilitate real estate transactions and services. this platform are designed to support real estate transactions, not as vehicles for financial investment. Maintain this distinction when using our platform.
- Legal Compliance: These "Terms and Conditions" have been meticulously formulated to outline the rights, responsibilities, and expectations of users engaging with the MyBroker platform. It is imperative that you adhere to these terms and employ the Services in compliance with the provided legal framework and guidelines.
- Right to Amend: We reserve the right to enforce these terms and make any necessary amendments in accordance with applicable laws and evolving operational requirements.
- Compliance Failure: Failure to adhere to these "Terms and Conditions" may result in legal repercussions and account suspension. By utilizing the Services, you signify your acknowledgment and acceptance of these terms in their entirety.
6. WALLET SERVICES
6.1 - Connection via Metamask
- You can connect through Metamask, a decentralized software developed by ConseSys Software Inc, a blockchain software company based in New York, USA. This connection allows you to access and interact with the blockchain.
- Please be aware that all transactions initiated or executed through the Wallet are irreversible and function in a completely decentralized manner. Once a transaction is recorded on the blockchain, it cannot be reversed or altered.
6.2 - Kimiko DAO's Non-Involvement and Your Responsibility
- We want to make it clear that Kimiko DAO holds no responsibility or liability for any misuse of Metamask. Kimiko DAO does not require access to your private key or seed phrase, and we will never ask for them. This means that you, as the user, are solely responsible for the safety and security of your wallet.
6.3 - No Guarantee of Transaction Confirmation
- It's important for you to understand that we cannot guarantee the confirmation of any transaction on any blockchain network. We have no control over the operation or confirmation of transactions within blockchain networks.
6.4 - Your Representations and Warranties
- By accessing and using Metamask, you represent and warrant that you:
- (i) Have a full understanding of digital assets, blockchain systems, and related services.
- (ii) Have a comprehensive understanding of the mechanics associated with digital asset use, including storage.
6.5 - Potential Future KYC and AML Requirements
- In the future, if we integrate a Custodial wallet, you may be required to comply with KYC (Know Your Customer) and Anti Money Laundering (AML) laws and regulations, especially if you intend to store digital assets exceeding $1,000 in value.
- We retain the right to block digital assets in your Wallet if you fail to comply with these KYC and AML obligations.
6.6 - Possible KYC Requirements
- We acknowledge that the service currently operates in a decentralized on-chain mode. However, it's possible that in the future, both sellers and buyers may be required to undergo an adequate KYC (Know Your Customer) process.
- We may request you to provide documentation to verify the information you've submitted. This documentation may include identification documents like an ID card or passport, utility bills, bank statements, or any official document issued by a governmental authority confirming your identity.
7. LIMITS OF USE & PROHIBITED CONDUCT
7.1 - Use of Services in Accordance with Terms
- You are expected to use the Services in compliance with these Terms. Automated use is prohibited, and you should only use the official App and Sites provided by Kimiko DAO to connect to the Services. Creating, supporting, hosting, linking, or providing options that enable others to access the Services is not allowed.
7.2 - Limitation on Accounts and Devices
- Using multiple accounts or devices to participate in the Services is not permitted, and resetting the device identifier to circumvent this restriction is also prohibited.
7.3 - Prohibition on Disruptive Actions
- You should refrain from using any means, mechanisms, or software that may disrupt the functioning and process of the Services. It's also against the rules to take actions that could unreasonably or excessively overload Kimiko DAO's technical capacities. You are explicitly prohibited from blocking, overwriting, or modifying the contents generated by Kimiko DAO without prior written consent.
7.4 - Alteration of Service Elements
- Adding elements to the Services or changing, deleting, or modifying any service elements without prior written consent from Kimiko DAO is not allowed. Specifically, copying, removing, or utilizing graphic elements or attempting to decompile the source code of services is strictly prohibited.
7.5 - Prohibition on Malicious Practices
- You are prohibited from using any means that maliciously alter the service's performance or process, including the use of "bots," "hacks," "fake information," or "spiders." Promoting these practices to third parties is also prohibited. Intentionally exploiting third-party software or program errors for personal gain is not allowed.
7.6 - Cheating Prohibition
- Cheating while using the Services is against the rules. This includes actions that alter or interfere with the normal behavior or rules of a Service, such as unauthorized access, using multiple accounts, sharing accounts, falsifying a device's location, or selling or trading accounts.
7.7 - Safety and Legal Compliance
- While using the Services, you are expected to be aware of your surroundings and interact safely. You must not use the Services to violate applicable laws, regulations, Event policies, or instructions outlined in these Terms. Encouraging or enabling others to do so is also prohibited.
7.8 - Content Submission Guidelines
- You should not make available any unlawful, inappropriate, or commercial Content. Submitting inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests, is strictly disallowed.
7.9 - Your Responsibility and Restrictions
- You are responsible for your conduct and User Content. You must not collect, store, or share personally identifiable information of other users without permission or extract, scrape, or index the Services or Content.
- Commercial use of the Services is prohibited, including gathering in-App items or resources for sale outside the App. You must not attempt to access the Services or Content through unauthorized means or violate any applicable laws.
7.10 - Monitoring and Enforcement
- While Kimiko DAO is not obligated to continuously monitor access to or usage of the Services, we reserve the right to do so to operate the Services, ensure compliance with these Terms, and meet legal requirements.
- We can remove or disable access to any objectionable or violating Content at any time and may investigate violations and cooperate with law enforcement authorities to prosecute users who break the law.
7.11 - Disruption and Interference
- Any attempt to disrupt or interfere with the Services, including undermining or manipulating the operation of Sites or Apps, is considered a breach of these Terms and may constitute a violation of criminal and civil laws.
7.12 - Verification of Information
- You are solely responsible for verifying the accuracy and authenticity of information provided during both the selling and buying processes. Kimiko DAO does not independently verify the information presented by users, and as such, it is your responsibility to ensure the correctness and reliability of the information shared on the platform.
7.13 - Kimiko DAO's Content Monitoring
- Kimiko DAO does not undertake the verification of user-generated content for accuracy. You should exercise due diligence and caution when relying on information provided by other users on the platform.
7.14 - Content Removal and Legal Action
- We reserve the right to remove any content reported by users as inaccurate or fraudulent. Legal action will be taken against individuals who misuse the platform to disseminate false or deceptive information. Kimiko DAO is committed to maintaining the integrity and trustworthiness of its platform by addressing such misconduct.
8. DISCLAIMER REGARDING INVESTMENT AND TOKEN OWNERSHIP
8.1 - Not an Investment Platform
- We must make it explicitly clear that Kimiko DAO's MyBroker is unequivocally not platform for investments. This platform are not intended for investment purposes.
- All scenarios and content found on this platform are purely for illustrative and entertainment purposes and are not to be considered as investment advice or opportunities.
- Kimiko DAO does not provide any form of financial or investment advice, nor does it promote or solicit public investment, savings, or asset purchases
- We strongly discourage you from interpreting this platform as sources of financial guidance or investment opportunities.
8.2 - No Association with Tokens
- Kimiko DAO asserts that it has no affiliations with any tokens, whether they exist on the blockchain or off-chain. While the platform is compatible with various tokens, Kimiko DAO neither owns nor holds direct interests in any of them.
- We advise you to exercise vigilance and independently verify the tokens you intend to use in your transactions, recognizing that token values and characteristics can change over time.
8.3 - Verify Information Before Purchase
- We strongly recommend that you engage in comprehensive research and validation of all information provided by sellers before making any purchases through the platform.
- Kimiko DAO disclaims any responsibility for the accuracy or authenticity of NFTs, their ownership, or any claims made by sellers.
- You are instructed to autonomously assess the legitimacy and suitability of any transaction you contemplate.
8.4 - No Responsibility for NFT Content
- Kimiko DAO explicitly disowns any responsibility for the content associated with NFTs that are published on the platform.
- We alert you that you engage with NFTs at your own risk, and Kimiko DAO bears no responsibility for the quality, legality, or functionality of these digital assets.
8.5 - Decentralized Participation
- Users who opt to engage in the functions provided by the platform do so on a voluntary basis and in a decentralized manner.
- Kimiko DAO neither endorses nor encourages users to perceive the platform as vehicles for investment.
- You are reminded that your interaction with the platform is at your own discretion, and Kimiko DAO does not advocate for the platform as investment opportunities.
8.6 - Affiliate Marketing Disclaimer
- Kimiko DAO may offer an affiliate marketing model on the platform, but it is essential to understand that this marketing activity is solely intended for user-initiated self-marketing.
- Any affiliate marketing endeavors are executed in a decentralized manner, with no involvement or control by third parties or Kimiko DAO.
- Kimiko DAO explicitly disclaims any responsibility for any misuse or improper utilization of the platform for affiliate marketing activities.
- It is essential to acknowledge that Kimiko DAO does not exercise any control over such affiliate marketing activities or their outcomes.
8.7 - Financial Disclaimer
The information provided in these website, platform and/or related documentation is for informational and educational purposes only. The numerical representations presented are solely simulations and should not be construed as financial advice, investment recommendations, or guarantees of future outcomes.
- Trading Non-Fungible Tokens (NFTs) carries significant risks and can lead to substantial financial losses. Investors should be aware that NFT markets are highly volatile and can experience rapid changes in value. Before engaging in any NFT trading or investment activities, it is strongly recommended to conduct thorough research and consult a qualified financial advisor to assess one's financial situation, objectives, and risk tolerance.
- Please note that NFT platform and related technologies should be used exclusively for the acquisition, sale, or management of digital assets and personal collections. They should not be regarded or used as financial instruments or investments. It is crucial to understand that NFTs do not offer any guarantee of financial returns and do not represent securities, currencies, stocks, or other traditional financial instruments.
- Investors should be aware of the inherent risks associated with NFT trading and the absence of regulatory protections in these markets. Therefore, all participants should act with caution and responsibility and should not invest sums they cannot afford to lose.
- In no event shall the authors or providers of this information be held responsible for any losses or damages resulting from the use or interpretation of such information. It is advisable to consult with a financial industry professional before engaging in any NFT trading or investment activities.
- This financial disclaimer is provided to offer clear information about the speculative and high-risk nature of NFT markets and in no way constitutes an endorsement or recommendation to buy or sell NFTs or any related activities. Investors should act at their own discretion and responsibility.
9. SERVICE LIMITATIONS AND MODIFICATIONS
9.1 - Service Availability
- Kimiko DAO is committed to maintaining the operational status of its services and platform to the best of its abilities. The primary goal is to offer you a consistent and reliable experience. However, it's important to note that technical challenges or scheduled maintenance may, on occasion, lead to temporary service interruptions. These interruptions are generally short-lived and typically resolved as quickly as possible.
9.2 - Modification of Services
- In certain circumstances, Kimiko DAO may find it necessary to make adjustments or improvements to the services it provides. These modifications can encompass both temporary changes and permanent alterations. Such modifications may impact the functions and features offered within the services. Kimiko DAO reserves the right to enact these changes periodically and at its discretion. Importantly, these adjustments can occur with or without prior notice to you.
9.3 - Impact on Users
- It's essential for you to understand that Kimiko DAO will not be held liable for any interruptions, temporary or permanent modifications, or discontinuations of the services or their respective functions or features. You are encouraged to remain informed about service updates and to adapt to any alterations as necessary. Kimiko DAO's primary aim is to enhance the overall user experience, and any modifications are executed with this goal in mind.
10. DATA PROTECTION
10.1 - Data Collection and Processing
- To offer the Services effectively, Kimiko DAO may necessitate the collection, storage, and processing of your personal data and/or information. Such data might encompass a range of details relevant to your use of the platform, and it's imperative to comprehend why Kimiko DAO may require these data for its functionality.
10.2 - Acknowledgment of Privacy Policy
- A critical aspect of this chapter involves your acknowledgment and agreement regarding Kimiko DAO's Privacy Policy. By accessing and using the Services, it's assumed that you've read, comprehended, and consented to the terms outlined in Kimiko DAO's Privacy Policy. You are encouraged to familiarize yourself with the specifics of this policy, as it elucidates the purpose and manner in which your data is handled and the measures in place to safeguard it.
10.3 - Data Use in Accordance with Privacy Policy
- This part makes it clear that Kimiko DAO is committed to using your data and information in alignment with the principles delineated in its Privacy Policy. The Privacy Policy serves as a comprehensive document outlining the scope and manner in which data is managed, thus assuring you that your information is utilized consistently with your consent.
11. TERMINATION
11.1 - Duration of Agreements
- This section specifies that the agreements established between you and Kimiko DAO, which include these Terms, are typically ongoing without a predefined end date. This is the default arrangement unless both parties explicitly agree otherwise in writing. In essence, this means that these Terms remain in effect as long as you continue to use the Services.
11.2 - Termination by Kimiko DAO
- Kimiko DAO holds the authority to terminate these Terms or suspend your access to the Services or your account at its discretion. Termination may occur for various reasons, but is not limited to the misuse of the Services or a breach of these Terms by you. This clause conveys that Kimiko DAO maintains the right to discontinue your access if your actions are in violation of the agreed-upon Terms or the appropriate use of the platform.
12. LIMITATION OF LIABILITY
12.1 Exclusion of Liability for Various Damages
In no event shall Kimiko DAO, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including, without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Services. This exclusion of liability applies whether such claims arise in an action of contract, tort, or otherwise, and it applies irrespective of whether such damages were foreseeable, and regardless of whether or not Kimiko DAO was advised of the possibility of such damages.
12.2 Examples of Uncovered Losses
Without limiting the generality of the foregoing, Kimiko DAO takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following:
- (i) Technical failure, malfunction, or shutdown;
- (ii) Server failure, hacks, or unavailability;
- (iii) Data loss;
- (iv) Stolen, lost, or unauthorized use of your means of authentication;
- (v) Errors calculating network fees;
- (vi) Corrupted data on Kimiko DAO’s servers;
- (vii) Failure to update or provide correct information;
- (viii) “Phishing” or other websites masquerading as Kimiko DAO;
- (ix) Delays, interruption, or loss of services;
- (x) Loss of business or goodwill.
12.3 Third-Party Services
The Services support or are integrated with third-party services, including third-party advertising services. Kimiko DAO takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.
12.4 Services Provided "As Is" and User Responsibilities
The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Kimiko DAO disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. You assume all risks relating to your online or offline communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that Kimiko DAO does not screen or inquire into the background of any users of the Services. Kimiko DAO makes no representations or warranties as to the conduct of users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person.
12.5 Maximum Liability Limit
In no event will the aggregate liability of Kimiko DAO, arising out of or related to these Terms and/or the Services, exceed the amount of USD 10 (ten dollars).
13. - ENTIRE AGREEMENT
13.1 - Integral Part
These Terms constitute all the terms and conditions agreed upon between you and Kimiko DAO and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
13.2 - Severability and Waiver
In the event that any provision of these Terms is deemed partially or entirely invalid or unenforceable, such invalidity or unenforceability shall not in any way affect or render other provisions of these Terms invalid or unenforceable. The application of the invalidated provision shall be enforced to the extent allowed by applicable laws. Additionally, the failure of Kimiko DAO to exercise or enforce any rights or provisions in these Terms shall not be construed as a waiver of Kimiko DAO’s right to do so.
13.3 - Assignment
Kimiko DAO retains the right to assign these Terms and delegate its obligations under these Terms, either in full or in part. However, you are not permitted to assign these Terms, any portion of them, or transfer or sub-license your rights under these Terms to any third party.
13.4 - No Partnership:
This Agreement shall not be interpreted or construed to establish a principal and agent, partnership, or joint venture relationship between you and Kimiko DAO.
13.5 - Force Majeure
Kimiko DAO shall not be considered in breach of these Terms to the extent that the performance of its obligations is delayed or prevented due to external forces, including but not limited to, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disasters, acts of government, or any other cause beyond Kimiko DAO's reasonable control.
13.6 - Governing Law and Jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Seychelles, without regard to its conflict of law principles. You agree that any legal action, suit, or proceeding arising out of or relating to these Terms, including their interpretation, enforcement, validity, or breach, shall be subject to the exclusive jurisdiction of the Seychelles courts.
13.7 - Venue
You agree that any legal proceedings related to these Terms or your use of the Services shall be filed and litigated exclusively in the courts of Seychelles. You hereby consent to the jurisdiction and venue of the courts in Seychelles and waive any objections based on improper venue or forum non-convenience.
13.8 - Language
The parties explicitly desire that these Terms and any associated documents are prepared in English. This is the express will of the parties, and in the event of translations into other languages found on the website and/or generated by translators and/or AI, legal reference is exclusively made to the English version.
13.9 - Exclusions
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically excluded from application to these Terms.
13.10 - Waiver of Jury Trial
You acknowledge and agree that any controversy which may arise under these Terms or from your use of the Services is likely to involve complicated and difficult issues and, therefore, you irrevocably and unconditionally waive any right you may have to a trial by jury.
13.11 - No Admissions
The inclusion of this chapter on governing law and jurisdiction does not constitute any admission or acknowledgment that Kimiko DAO is subject to the laws or jurisdiction of any specific country or jurisdiction other than Seychelles. The provisions of this chapter are solely for the purposes of specifying the governing law and jurisdiction applicable to the interpretation and enforcement of these Terms.
13.12 - No Class Proceedings
You are only allowed to pursue claims against Kimiko DAO on an individual basis, not as a plaintiff or member of a class action or representative proceeding. Your permitted remedies, including monetary, injunctive, and declaratory relief, are limited to individual actions.
13.13 - Time Bar
You acknowledge and agree that any claim or cause of action arising from or related to the Services must be initiated within one year of its occurrence. After this period, any such claim or cause of action is permanently barred.
13.14 - General Contacts
Should you have any inquiries or require clarification regarding these Terms, please don't hesitate to contact us using the dedicated form on our website.
Last update: Dec 6th, 2023