Airdrop Terms
KAITO AIRDROP PROGRAMME TERMS AND CONDITIONS
Last updated: February 20, 2025
Welcome to the Kaito token airdrop programme (the “Airdrop Programme”), provided and operated by OpenKaito Digital Limited (the “Company”, “we”, “our” or “us”). These Airdrop Terms and Conditions (“Airdrop Terms”) govern your participation in and, where eligible and applicable, receipt of Kaito tokens (the “Tokens”) through the Airdrop Programme. Kindly ensure that you refer to https://claim.kaito.ai as the official website for the Airdrop Programme (the “Airdrop Site”).
BY PARTICIPATING IN THE AIRDROP PROGRAMME, INCLUDING BUT NOT LIMITED TO BY ENTERING OR CONNECTING A DIGITAL ASSET WALLET (“DIGITAL WALLET”) AND, WHERE ELIGIBLE, CLAIMING THE TOKENS ON OUR AIRDROP SITE, PURSUANT TO THE TERMS AND PROCESSES DESCRIBED HEREIN, THE PARTICIPANT (WHETHER AS AN ENTITY OR AS AN INDIVIDUAL):
(A) ACKNOWLEDGES THAT THE PARTICIPANT HAS READ, UNDERSTOOD, AND AGREED TO THESE AIRDROP TERMS IN THEIR ENTIRETY. THE PARTICIPANT IS RESPONSIBLE FOR MAKING ITS OWN DECISION IN RESPECT OF ITS PARTICIPATION IN THE PROGRAMME AND ANY RECEIPT OF TOKENS. ANY PARTICIPATION IN THE PROGRAMME IS SOLELY AT THE PARTICIPANT’S OWN RISK AND IT IS THE PARTICIPANT’S SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL, LEGAL, FINANCIAL, TAX, AND OTHER ADVICE IN RESPECT OF THE AIRDROP PROGRAMME AND ANY RECEIPT OF THE TOKENS PRIOR TO PARTICIPATING IN THE AIRDROP PROGRAMME AND PRIOR TO RECEIVING ANY TOKENS.
(B) EXPRESSLY ACKNOWLEDGES AND ASSUMES ALL RISKS RELATED THERETO, INCLUDING (WITHOUT LIMITATION) THE RISKS SET OUT BELOW. IN NO EVENT SHALL THE COMPANY OR ANY PERSON REPRESENTING THE COMPANY BE HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES, OR OTHER LIABILITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE AIRDROP PROGRAMME OR THE RECEIPT OF ANY TOKENS.
THE COMPANY DOES NOT TAKE ANY RESPONSIBILITY FOR THE PARTICIPATION BY ANY PARTICIPANT IN THE AIRDROP PROGRAMME AND SO EACH PARTICIPANT MUST SATISFY ITSELF BEFORE PARTICIPATING IN THE AIRDROP PROGRAMME AND SHOULD NOT RELY ON THE COMPANY. THE COMPANY DOES NOT PROVIDE ANY RECOMMENDATION OR ADVICE IN RESPECT OF THE AIRDROP PROGRAMME OR THE TOKENS. THE COMPANY HAS NOT ASSESSED THE SUITABILITY OF THE TOKENS FOR ANY PARTICIPANT. THE COMPANY HAS NOT CONSIDERED THE APPLICABLE LAWS, REGULATIONS AND LAWS OF THE JURISDICTION OF ANY PARTICIPANT. EACH PARTICIPANT PARTICIPATES IN THE AIRDROP PROGRAMME AND RECEIVES TOKENS AT ITS OWN RISK.
IF YOU DO NOT UNDERSTAND OR ACCEPT ANY TERM SET OUT HEREIN, YOU MAY NOT PARTICIPATE IN THIS AIRDROP PROGRAMME.
1. Acceptance of terms
By accessing and using the Airdrop Site and participating in this Airdrop Programme, you acknowledge and accept all related risks, including without limitation, the risks as set forth herein. We will not be liable to you or any other person for any direct, indirect, special or consequential losses, damages or costs by reason of, or arising from, or as a consequence of, your participation in the Airdrop Programme. Participation in this Airdrop Programme is solely at your own risk and discretion.
THESE TERMS CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION.” THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND THE COMPANY AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THIS ENTIRE SET OF TERMS CAREFULLY.
2. Eligibility
A. Representations and Warranties. By accessing and/or participating in our Airdrop Programme, you must be and hereby affirm that you:
i. are not prohibited or restricted from participating in this Airdrop Programme by any laws or regulations applicable to you;
ii. are an adult of the legal age of majority in your country or state of residence (whichever is higher). If you are under the legal age of majority, you may not participate in this Airdrop Programme; and
iii. are not:
(a) a citizen of, or located in or ordinarily resident in any of the Restricted Jurisdictions as defined below; or
(b) under the control or ownership of a person that is, 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 BVI government, the United Kingdom government, 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, or other applicable government authority,
collectively above, a “Prohibited Person”.
A “Restricted Jurisdiction” refers to any of the following:
i. Iran;
ii. North Korea;
iii. Russia;
iv. Certain regions of Ukraine including Crimea, Sevastopol and the areas of Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts not controlled by the Ukrainian government;
v. Cuba;
vi. Yemen;
vii. Sudan;
viii. South Sudan;
ix. Libya;
x. Lebanon;
xi. Syria.
B. Geographic Restrictions. In addition, this Airdrop Programme is not available in certain jurisdictions where participation would be unlawful, restricted, or where we have opted to limit access. You are prohibited from participating if you are a resident of, or are accessing the Airdrop Programme from, any such jurisdiction as specified by us from time to time.
C. Eligible Participants. Tokens will only be airdropped to those participants who fully meet our eligibility requirements (“Eligible Participants”), to be determined by the Company in its sole and absolute discretion. You acknowledge that token distribution is strictly limited to Eligible Participants, and we may refuse to distribute any Tokens if you do not qualify as an Eligible Participant, without any liability or further explanation to you.
D. Eligibility Criteria. The Company, in its sole discretion, shall determine the eligibility criteria for participation in the Airdrop Programme, including the amount of tokens to be distributed to Eligible Participants that satisfy certain criteria. Different Eligible Participants may receive different amounts of Tokens in any particular round of an airdrop (each an “Airdrop Round”), depending on the criteria set forth by the Company for such an instance. The Company may, but shall have no obligation to, notify actual or potential Airdrop Programme participants of the eligibility criteria for any airdrop prior to, during, or after the claims are opened for any Airdrop Round. You accept that we reserve the sole and absolute right to set, adjust, or waive eligibility criteria based on factors including, but not limited to, regulatory requirements, previous engagement with products and services provided by or associated with the Company or the “Kaito” ecosystem, or other conditions as we may deem relevant.
E. Verification and Monitoring. We may use IP detection, geo-location services, and other verification tools to monitor and confirm your eligibility and compliance with our eligibility criteria, or to deny you access to the Airdrop Site or Airdrop Programme.
F. Disqualification. You may be disqualified from the Airdrop Programme and from receiving any Tokens from the Airdrop Programme if you are found attempting to bypass any security measure, verification tools or eligibility criteria. The Company reserves the sole and absolute right to disqualify any Eligible Participant or potential participant it deems ineligible for an airdrop (be it under these Airdrop Terms or by having determined that the relevant person engaged in any conduct that the Company considers harmful, unlawful, inappropriate, or unacceptable). Such disqualification may be appropriate if the Company determines, in its sole discretion, for example, that the relevant person may have used multiple addresses to obscure its identity or location or to attempt to game, cheat, or hack the airdrop, Tokens, or the protocol.
G. Right to Maintain Confidentiality. We may withhold eligibility information to protect the integrity of the Airdrop Programme, ensure compliance, or prevent manipulation. We are not required to explain or disclose these criteria, either in part or in full, to you or the public.
H. Final and Binding Decision. Our decisions in respect of your eligibility for the Airdrop Programme and to receive any Tokens under this Airdrop Programme are final and binding, and we are not obliged to provide any explanations or entertain any appeals in this regard.
3. airdrop process and token allocation
A. Airdrop and Claim Period. The process of the airdrop and/or claiming of Tokens period will be decided solely at our discretion which may be announced through our official channels. Airdrops may be conducted multiple times or only once, as determined by the Company at its sole and absolute discretion. The Company may adopt different, similar, or identical eligibility criteria or participation requirements as the Company determines at its sole and absolute discretion. Successful participation in a prior Airdrop Round does not guarantee, nor shall it create an expectation of, participation in a subsequent Airdrop Round. We reserve the right to modify, extend, or cancel the Airdrop Programme or any Airdrop Round at any time without prior notice to you.
B. Eligibility Verification. You are required to follow our required steps to verify your eligibility, which may include providing or connecting a compatible Digital Wallet, before you may be qualified to receive Tokens through this Airdrop.
C. Claiming Tokens. Eligible Participants will be required to follow the claim process within the designated claim period. This may involve connecting a compatible Digital Wallet, confirming your identity (whether through any know-your-customer (KYC processes) or through linking or connecting your social media profile), or completing any additional steps as we may deem necessary. Failure to claim Tokens within the stated period may result in forfeiture, and we are under no obligation to provide extensions or reissue any unclaimed Tokens to you. The Company will not be responsible or liable for any loss, non-delivery or forfeiture of Tokens or ineligibility of a participant arising from the participant’s failure to comply with or follow the relevant claims process established by the Company. When you link or connect your Digital Wallet and/or social media profile to the Airdrop Site, your use of your Digital Wallet and/or social media profile is at your own risk, and subject to the relevant Digital Wallet’s and/or social media platform’s service provider’s terms and conditions.
D. Transaction Fees. You are responsible for any transaction fees, including gas fees, that may be required to claim or transfer Tokens. You will not be able to claim your Tokens if the necessary gas fees have not been paid. Such transaction fees (including gas fees) often fluctuate based on a number of factors, all of which are not under our control, and may therefore change at any time without notice.
E. Token Allocation. We reserve the sole and absolute right to determine the total number of Tokens to be distributed in the Airdrop. Your participation in the Airdrop does not guarantee receipt of a specific number of tokens. Allocation amounts may vary among Eligible Participants, and we make no representation or warranty as to the quantity of Tokens any Eligible Participant may receive.
F. No Guarantee of Token Value. The Tokens distributed through this Airdrop Programme are provided on an “as-is” basis. We make no representations or warranties regarding the future value, liquidity, functionality, or utility of the Tokens.
G. Use of Digital Wallet. Participants hereby agree and confirm that it is the legal owner of the relevant Digital Wallet address that it provides for the purposes of the Airdrop Programme and will not sell, assign, or transfer control of such address or the Tokens to third parties to circumvent any Transferability Restrictions (as defined below) or to knowingly redistribute Tokens to any third party that would violate these Airdrop Terms if claimed directly by such third party. By linking or using a Digital Wallet, the participant agrees that it is using the Digital Wallet in accordance with the applicable terms and conditions of the relevant third-party provider of such Digital Wallet. Each participant acknowledges and agrees that the Digital Wallet is not maintained or supported by, or associated or affiliated with, the Company, and that the Company has no control over the Digital Wallet or the provision of services relating thereto. When a participant interacts with the any website or application (including the Airdrop Site) for the Airdrop Programme, as between the Company and the relevant participant, the participant retains control over its tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets") held in the participant’s Digital Wallet at all times. The Company does not control the Digital Assets, including the Tokens, in a participant’s Digital Wallet, and the Company accepts no responsibility or liability to any participant in connection with that participant’s use of a Digital Wallet. The Company makes no representations or warranties regarding how the Airdrop Site, Airdrop Programme or any website or application relating thereto will operate with, or be compatible with, any specific Digital Wallet. The private keys necessary to access and/or transfer the Digital Assets held in a Digital Wallet are not known or held by the Company. Any third party that has or may gain access to a participant’s login credentials, private key, or third-party cloud or storage mechanism for such information may be able to misappropriate the Tokens and/or other Digital Assets held by the participant. The Company has no ability to help any participant access or recover its private key and/or seed phrase for its Digital Wallet. As between the participant and the Company, the participant is solely responsible for maintaining the confidentiality and security of its private key and Digital Wallet, and the participant is solely responsible for any transaction signed with its private key. The Company is not responsible for any loss associated with the participant’s private key, Digital Wallet, vault, or other storage mechanism.
H. No Guarantee of Airdrop. The organisation and conduct of this Airdrop Programme and these Airdrop Terms shall not be deemed as a guarantee or promise that any Airdrop Round will occur or that any Tokens will be issued or delivered in the course of this Airdrop Programme. For avoidance of doubt, it is possible that no Airdrop Rounds will be conducted, and no Tokens will be issued or delivered, under this Airdrop Programme.
4. USE OF TOKENS
A. Token Usage. Participants acknowledge and agree that the Tokens received through the Airdrop Programme may have specific usage limitations, such as utility within a specific platform or ecosystem, and may have no monetary value. Additionally, the participants acknowledge and agree that the Tokens delivered pursuant to this Airdrop Programme may be subject to such lock-up periods, vesting schedules or similar restrictions relating to the transfer or disposal of the Tokens (collectively, “Transferability Restrictions”) as determined and imposed by the Company from time to time at its sole and absolute discretion, and the Eligible Participants hereby agree to abide and comply fully with such Transferability Restrictions as a condition to being eligible to claim and receive any Tokens under the Airdrop Programme.
B. Not an Investment Product. Tokens received through the Airdrop Programme are not intended as investment products nor as securities, and each participant acknowledges that the value of the Tokens (if any) may fluctuate and that no guarantees are made regarding future value of the Tokens (if any). The prices of such digital or blockchain assets are extremely volatile, subjective and do not have any inherent or intrinsic value. Fluctuations in the price of other Digital Assets could materially and adversely affect the Tokens, which may also be subject to significant price volatility. In addition, a lack of use or public interest in the Tokens could negatively impact the potential utility or value of the Token. Each Token has no inherent or intrinsic value, as their value is inherently subjective and factors occurring outside of the Company’s control may materially impact the value and desirability of the Tokens.
C. No Promise of Usability. The organisation and conduct of this Airdrop Programme, any Airdrop Round and the delivery of Tokens thereto to participants does not constitute, and shall not be deemed as, a promise by the Company that the Tokens are usable, tradeable or provided for any purpose whatsoever, whether immediately after the relevant Airdrop Round or any time thereafter. Each participant hereby acknowledges and agrees that the Tokens received via an Airdrop Round may not have an inherent value, usage or purpose, and that participants have no expectation of profit, value or use in the Tokens.
5. prohibited activity
A. Participants in the Airdrop Programme are strictly prohibited from engaging in any of the following activities. We reserve the right to disqualify you from accessing and using the Airdrop Site and/or participating in the Airdrop Programme and/or pursue legal actions against you if you are found to have engaged in such prohibited activities.
i. Circumvention of Eligibility Criteria / Security Measures / Verification Tools. Attempting to bypass geographic, legal, or eligibility restrictions through the use of VPNs, proxies, multiple accounts, or any other means to misrepresent your location or identity.
ii. Fraudulent and Deceptive Practices. Engaging in fraudulent activities, including but not limited to creating fake identities, providing false or misleading information (whether through social media channels or otherwise), or using automated systems or bots to manipulate the airdrop process.
iii. Hacking or Unauthorised Access. Attempting to hack, interfere with, or gain unauthorised access to our systems, smart contracts, or any part of the Airdrop Site or Airdrop Programme infrastructure.
iv. Exploitation and Manipulation. Exploiting any bugs, vulnerabilities, or loopholes in the Airdrop Programme system, including smart contract issues, to gain unfair advantage, acquire additional Tokens, or manipulate the Token distribution. Prohibited activities, include, without limitation:
a. using multi-accounts and/or multi-wallets;
b. attempting to cheat or hack the Airdrop Programme systems or the Tokens;
c. carry out any kind of botting, spamming, sybiling or other forms of automation or other similar forms of conduct; or
v. Impersonation and Phishing. Impersonating us, our employees, or other participants, or engaging in phishing schemes to deceive others or gain unauthorised access to their accounts, wallets or tokens.
vi. Unlawful Activity. Using the Airdrop Site, Airdrop Programme or Tokens for any unlawful purposes, including but not limited to money laundering, financing terrorism, or engaging in sanctioned activities.
vii. Other Offensive Behaviour. Behaving in a manner that the Company deems offensive, inappropriate or illegal. Any such behaviour may result in all of a participant’s Digital Wallets, accounts or addresses being permanently banned from the Airdrop Programme.
B. Additionally, the Company may suspend or revoke access and use of the Airdrop Site and your participation in the Airdrop Programme if you violate, or assist others in violating, the restrictions and limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do any of the following:
i. Unauthorized Derivative Works: Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon).
ii. Prohibited Commercial Uses: Exploit or use in a manner for commercial purposes, in its entirety or individual components, the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) for any purpose not expressly authorized by the Company, including, without limitation (i) accessing and using the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) at commercial establishments; (ii) using the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) to advertise, market, provide or sell any third-party product or service; (iii) performing in- Airdrop Site services including, without limitation, account boosting or resource-farming or botting or similar activities, whether in exchange for payment or otherwise; (iv) communicating or facilitating any commercial advertisement, solicitation or offer through or within the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, activities within the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon), whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
iii. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
a. exploits; i.e. methods not expressly authorized by the Company (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating use of any part of the Airdrop Site in a manner that is unintended by the Company, including exploits of any bugs in any part of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon), and thereby granting you and/or any other person an undue and unfair advantage over other participants not using such methods;
b. bots; i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of any part of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon);
c. hacks; i.e. accessing or modifying the software of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) in any manner not expressly authorized by the Company; and/or any code and/or software, not expressly authorized by the Company, that can be used in connection with the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) which changes and/or facilitates the feature or functionality of the same;
iv. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon); provided, however, that the Company may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
v. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon); and (ii) any connection using third-party programs or tools not expressly authorized by the Company.
vi. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) or component thereof, or your rights to the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) to any other party in any way not expressly authorized herein.
vii. Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the social experience for other participants, or disrupt operation of the Company’s Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) in any way, including:
a. Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) or interfering with, disrupting, negatively affecting or inhibiting other participants from accessing or using the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon), or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon). ANY ATTEMPT BY YOU TO DISRUPT THE AIRDROP SITE OR THE AIRDROP PROGRAMME OR UNDERMINE THE LEGITIMATE OPERATION OF THE AIRDROP SITE OR AIRDROP PROGRAMME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
b. Harassment, “griefing,” abusive behaviour or chat, conduct intended to unreasonably undermine or disrupt the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates these Airdrop Terms.
c. Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other similar form of solicitation within the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon).
viii. Violation of Laws: Access or use the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) to violate or attempt to violate any applicable law or regulation (including without limitation any applicable anti-money laundering, anti-proliferation and anti-terrorism financing laws and sanctions programs, including, without limitation, the U.S. Bank Secrecy Act and those enforced by the U.S. Department of Treasury's Office of Foreign Assets Controls and any other Export Control Laws and those of the British Virgin Islands).
ix. Violation of Polices: Access or use the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) to violate or attempt to violate any policies of the Company.
x. Violation of Proprietary Rights: Access or use the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, other participants, or others, including privacy, publicity, intellectual property, or other rights.
xi. Encourage or enable any other individual to do any of the foregoing.
C. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws").
D. By accessing and using the Airdrop Site and participating in the Airdrop Programme, you agree to abide by these Airdrop Terms and acknowledge that we may monitor you for prohibited activities and enforce this prohibition without liability to you.
6. Information or communication about the airdrop
A. Official Source Only. We will announce the details of the Airdrop Programme, and any Airdrop Round, including the official claim process, on our Airdrop Site and/or verified official sites or social media channels. Any claim links or information from unofficial sources should be regarded as fraudulent and ignored.
B. Eligibility Checker. We may make available a website or application for participants to check their eligibility for any Airdrop Round (the “Eligibility Checker”). The Eligibility Checker is provided for your convenience only, and any information provided therein, including information relating to your eligibility and/or Token allocation, is an estimate only, and shall not be binding on the Company. Any information presented to you via the Eligibility Checker is not intended to, and shall not, create any expectation on you in respect of your eligibility to receive any Tokens under this Airdrop Programme. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, correctness or completeness of any information provided on the Eligibility Checker, and no reliance should be placed on it. The Eligibility Checker is an informational tool provided solely to assist in assessing your preliminary eligibility for the Airdrop Programme for your convenience only. Results displayed by the Eligibility Checker do not guarantee final eligibility, participation, or any right to receive tokens or rewards (or the amount thereof). We reserve the right to disqualify participants who are suspected of fraudulent or illegal activities, bypassing eligibility checks, or failing to meet any eligibility criteria. We reserve the right to change our decisions (and accordingly, any results displayed by the Eligibility Checker) on or prior to the occurrence of the Airdrop. The final number of Tokens that you may receive (if any) may differ from the results of the Eligibility Checker. You will not be required to connect your Digital Wallet to the Eligibility Checker. Any website or application that purports to be the Eligibility Checker and requires you to connect your Digital Wallet to the website or application will not be from us, and you should not connect your Digital Wallet to any such website or application.
C. Non-Binding Nature of Past Communications. Any statements, announcements or information we may have previously made relating to the Airdrop Programme, any Airdrop Round or any Tokens (whether via the Eligibility Checker, the Airdrop Site or anywhere else) are not binding and do not constitute a representation or guarantee. We are not liable for any reliance on such past communications.
D. Third-Party Information. We are not liable for any information or other communication made by any third party relating to the Eligibility Checker, Airdrop Site, Airdrop Programme, any Airdrop Round or any Tokens, including any speculative information about our eligibility criteria or the period of any Airdrop Round or the Airdrop Programme.
E. Personal Security. It is your sole responsibility to verify the authenticity of any website, link, or communication claiming to be from us. You are advised to exercise caution when clicking on links, connecting wallets, or sharing any personal information.
F. No Recovery or Liability. We will not be able to, nor are we obliged to, recover any Tokens or other Digital Assets lost due to scams, phishing attempts, or unauthorised third-party activities. We will not be liable for any losses, damages, or claims arising from your interaction with scam websites, fraudulent links, phishing emails, or any other form of unauthorised third-party activity impersonating us, the Airdrop Site, the Eligibility Checker or the Airdrop Programme.
7. SPECIFIC Risk DISCLOSURES AND disclaimers
By accessing and using the Eligibility Checker, the Airdrop Site and/or by participating in this Airdrop Programme, you acknowledge and accept the following inherent risks associated with Digital Assets, blockchain technology, and participation in the Airdrop Programme. You assume full responsibility for understanding and managing these risks, and you agree that we are not liable for any direct, indirect, special or consequential losses, damages or costs by reason of, or arising from, or as a consequence of, your participation in the Airdrop Programme.
A. Volatility. Digital Assets are highly volatile and subject to unpredictable fluctuations. Tokens received through this Airdrop Programme may experience extreme price changes, or may lose all value entirely. You should only participate if you are prepared for the possibility that the Tokens received may have limited or no financial value.
B. Technical Risks. Transactions on blockchain networks are irreversible, and Tokens may be lost permanently due to errors, forgotten private keys, or unauthorised access. By participating in the Airdrop Programme, you accept the technical risks associated with blockchain transactions, including delays, errors, and malfunctions that may affect token distribution or access to our Airdrop Site.
C. Smart Contract Vulnerabilities. This Airdrop Programme relies on smart contracts, which are potentially vulnerable to security flaws, bugs, and exploits. Any malfunction, coding error, or exploitation of smart contracts could result in partial or complete loss of Tokens.
D. Service Disruptions. Blockchain networks, wallet providers, and related third party services may experience downtime, delays, or disruptions due to factors beyond our control. These disruptions may delay or prevent access to our Airdrop Site and/or the claiming of Tokens, and we are not liable for losses incurred due to such events.
E. Security of Personal Wallets. You are solely responsible for securing your Digital Wallet, private keys, seed phrases, and other credentials. Loss or theft of your private key may result in permanent loss of Tokens and/or your Digital Assets, and we will not, nor shall we be obliged to, assist in recovery.
F. Regulatory Restrictions. Digital Assets are subject to evolving legal and regulatory frameworks in multiple jurisdictions. Tokens distributed in this Airdrop Programme may face regulatory restrictions in certain countries, which could limit their use, transferability, or legality. It is your responsibility to understand and comply with applicable laws and regulations in your jurisdiction in respect of the Tokens and the Airdrop Programme.
G. Tax Obligations. Participation in this Airdrop Programme may have tax implications depending on your jurisdiction. You are solely responsible for determining and fulfilling any tax obligations arising from receiving, holding, or transferring the Tokens.
H. Risk of Changes in Functionality. The Tokens do not have any rights, uses, purpose, attributes, functionalities or features, express or implied, and which may change from time to time.
I. No inherent or intrinsic value. No promises of future performance or price are or will be made in respect to the Tokens, including no promise of inherent value, no promise of continuing payments, and no guarantee that the Tokens will hold any particular value. Therefore, the recovery of spent resources may be impossible or may be subject to foreign laws or regulations, which may not be the same as the laws in the jurisdiction of the British Virgin Islands.
J. Risk of Losing Access to the Tokens Due to Loss of Private Key(s). A private key, or a combination of private keys, is necessary to control and dispose of the Tokens stored in the participant’s Digital Wallet, vault or other storage mechanism. Accordingly, loss of requisite private key(s) associated with the participant’s Digital Wallet, vault or other storage mechanism storing the Tokens may result in loss of such Tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service used by the Participant, may be able to misappropriate any Tokens held by the participant. The Company cannot be responsible for any such losses.
K. Risk of Blockchain Level Attacks. As with other decentralized cryptographic tokens based on blockchain technology, the Tokens are or may be susceptible to attacks by nodes or validators responsible for validating/confirming transactions on the relevant blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the Company and the Tokens, including, but not limited to, accurate execution and recording of transactions involving the Tokens.
L. Risks Associated with Uncertain Regulations and Enforcement Actions. The regulatory status of the Tokens and distributed ledger technology is unclear or unsettled in many jurisdictions, but numerous regulatory authorities across jurisdictions have been outspoken about considering the implementation of regulatory regimes which govern digital asset markets. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the Tokens. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the Tokens. Regulatory actions could negatively impact the Tokens in various ways, including, for purposes of illustration only, through a determination that the Tokens are a regulated financial instrument that requires registration or licensing, or that the Company may not be able to provide regular service in certain areas. The Company may cease operations in a jurisdiction, or even abandon certain features of the project, in the event that regulatory actions, or changes to applicable law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.
M. Failure to develop. The Tokens and its associated blockchain protocol are still in the developmental stage, hence there may be large changes to the final design before the official version is released. There is the risk that the development of the Tokens and its associated blockchain protocol will not be executed or implemented as planned, or may not meet any expectation of purchasers or participants of the Airdrop Programme of the Tokens, for a variety of reasons, including without limitation the event of a decline in the prices of any Digital Assets or the Tokens, unforeseen technical difficulties, and shortage of development funds for activities.
N. Unanticipated Risks. Cryptographic tokens such as the Tokens are a new and untested technology. In addition to the aforementioned risks, there may be other risks associated with the participant’s participation in the Airdrop Programme and/or receipt, claim, holding and use of the Tokens, including those that the Company cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in these Airdrop Terms.
O. Risks Associated with the Development and Maintenance of the Kaito Project. The Kaito project and ecosystem is still under development and may undergo significant changes over time. Although it is intended for the Tokens and Kaito project and ecosystem to follow the roadmap as may be communicated by the Company, and the Company will endeavour to work towards those ends (subject to internal business considerations), changes may be required to be made to the specifications, features, functionality, purpose, plans and/or other details of the Tokens or the Kaito project and ecosystem for any number of reasons. This could create the risk that the Tokens or the Kaito project and ecosystem, as further developed and maintained, may not meet the participant’s expectations or requirements at the time of purchase. Furthermore, despite the Company’s good faith efforts to develop and maintain the Kaito project and ecosystem, it is still possible that it will experience malfunctions or otherwise fail to be adequately developed or maintained or fail to be adequately adopted, which may negatively impact the Kaito project and ecosystem and the Tokens.
P. Inadequate disclosure of information. As at the date hereof, the Kaito project and ecosystem and the Tokens are still under development and its design concepts, consensus mechanisms, algorithms, codes, and other technical details and parameters may be constantly and frequently updated and changed. Although the Airdrop Site, Airdrop Terms and https://docs.kaito.ai/ contains the most current information relating to the Kaito ecosystem and project and the Tokens, it is not absolutely complete and may still be adjusted and updated by the team from time to time. The team has no ability and obligation to keep holders of the Tokens informed of every detail (including development progress and expected milestones) regarding the project to develop the Kaito ecosystem and project, hence insufficient information disclosure is inevitable and reasonable.
Q. Risks Related to Corporate Structure. The legal structure for the Company (including the intra-group arrangements) is bespoke and there is no generally accepted standard or structure for similar projects in the distributed ledger technology space. The legal structure had been designed to address certain specific legal risks, and attempt to decentralize the management and control, as well as economic risks and benefits relating to the Kaito ecosystem and project and the Tokens; but there is no legal precedent for whether these structures are effective and it is difficult to predict the position that a regulator may adopt. The legal structure and contractual arrangements may not be effective in decentralizing management and control, thereby adversely affecting the value of Kaito ecosystem and project and/or the Tokens.
R. Risk of Dissolution of the Company, or any of the Company’s Group entities or Kaito Project and Ecosystem. Start-up companies such as the Company involve a high degree of risk. Financial and operating risks confronting start-up companies are significant, and the Company is not immune to these. Start-up companies often experience unexpected problems in the areas of product development, marketing, financing, and general management, among others, which frequently cannot be solved. It is possible that, due to any number of reasons, including, but not limited to, an unfavourable fluctuation in the value of cryptographic and fiat currencies, decrease in the utility of the Tokens due to negative adoption of the Kaito project or ecosystem, the failure of commercial relationships, or intellectual property ownership challenges, Kaito project or ecosystem may no longer be viable to operate and the Company may be dissolved.
S. Risks Arising from Lack of Governance Rights. Because the Tokens confer no governance rights of any kind with respect to the Company, all decisions involving the Company will be made by the Company at its sole and absolute discretion, including, but not limited to, decisions to discontinue the operations or development of the Kaito project or ecosystem, to create, distribute and/or sell more Tokens or other Digital Assets for use within Kaito project or ecosystem, or to sell or liquidate the Company. These decisions could adversely affect Kaito project or ecosystem and the Tokens held by the participant.
T. Risks Involving Cloud Storage. As the Airdrop Site and the Airdrop Programme may provide or utilize a decentralized cloud storage service for users and applications, therefore the Airdrop Site and the Airdrop Programme are susceptible to a number of risks related to the storage of data in the cloud. The Airdrop Site and the Airdrop Programme may involve the storage of large amounts of sensitive and/or proprietary information, which may be compromised in the event of a cyberattack or other malicious activity. Similarly, the Airdrop Site and the Airdrop Programme may be interrupted and files may become temporarily unavailable in the event of such an attack or malicious activity. Because users can utilize a variety of hardware and software that may interface with Kaito project and ecosystem, there is the risk that the Airdrop Site and the Airdrop Programme may become unavailable or interrupted based on a failure of interoperability or an inability to integrate these third-party systems and devices that the Company does not control. The risk that the Services may face increasing interruptions and the Kaito project and ecosystem may face additional security vulnerabilities could adversely affect the Kaito project and ecosystem and therefore the future utility of any Tokens held by the Participant.
U. Forking. As parts of the Kaito project or ecosystem may contain open-source components, the Company does not and cannot monopolize the development, marketing, operation or otherwise of Kaito project or ecosystem and the blockchain technologies underlying the Tokens. Any entity may independently develop a patch or upgrade of the source code of the underlying blockchain (or any part thereof) without prior authorization of any other person, and launch the same by deployment on any underlying blockchain network. The acceptance of these patches or upgrades by a sufficient (not necessarily overwhelming) percentage of the Tokens’ holders could result in a "fork" in the network, and consequently two diverging networks will emerge and remain. Each branch arising from the fork will have its own native cryptographic tokens – accordingly there may be two different versions of the Tokens respectively residing in the two divergent branches with almost identical technical features and functions. The tokens on the diverging network will not be considered as the Tokens.
Further, it is theoretically possible for each branch of the forked blockchain to be further forked an unlimited number of times. The temporary or permanent existence of forked blockchains could adversely affect the operation of the Kaito project and ecosystem and underlying blockchain and the Tokens held by the participant, and may ruin the sustainability of the Kaito project and ecosystem.
V. Risks associated with a lack of markets for the Tokens. There is no prior market for the Tokens and the distribution, airdropping or sale of the Tokens may not result in an active or liquid market for the Tokens. The Tokens are designed to be utilized solely within the Kaito project and ecosystem, hence there may be illiquidity risk with respect to the Tokens held by the participant. The Tokens are not a currency issued by any central bank or national, supra-national or quasi-national organization, nor is it backed by any hard assets or other credit nor is it a "commodity" in the usual and traditional sense of that word. The Company is not responsible for, nor does the Company pursue, the circulation and trading of the Tokens on any market. Trading of the Tokens will merely depend on the consensus on its value between the relevant market participants. No one is obliged to purchase any Tokens from any holder of the Tokens, nor does anyone guarantee the liquidity or market price of the Tokens to any extent at any time. Furthermore, the Tokens may not be resold to a purchaser who is a Prohibited Person or to purchasers where the purchase of such Tokens may be in violation of applicable laws. Accordingly, the Company cannot ensure that there will be any demand or market for the Tokens.
Even if secondary trading of the Tokens is facilitated by third party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third parties do ascribe an external exchange value to the Tokens (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile and/or diminish to zero. The Company has no oversight nor control over such secondary trading.
W. Inflation. Due to the nature and operation of blockchain protocols, the total amount of circulating Tokens could increase through the adoption of a new patch or upgrade of the source code. Any inflation in the quantity of the Tokens could adversely affect the market price of the Tokens, and consequently buyers may suffer economic losses. Neither the Company provides any guarantee that a participant would be compensated (in any manner) for such inflation.
8. Third-Party Providers And Services
A. The platform for claiming the tokens through this Airdrop Programme may be facilitated or conducted by, or contain software or services provided by, or links to, third-party services (“Third-Party Service”). We make no warranties or representations, express or implied, in respect of the availability, functionality or content of such Third-Party Service, and you agree that we shall not be liable for any loss or damages arising from or in connection with your use of any third-party services. You may be subject to the terms and policies of such relevant third-parties.
B. You agree that the Company shall not be liable for any loss or damages arising from your use of or the breach thereof of any Third-Party Service. We have no responsibility for any Third-Party Service that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. You are solely responsible for ensuring that your reliance or use of such Third-Party Service 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.
C. We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post is subject to the terms of use /terms of service and privacy policies of those platforms and related services. We have no control over such social media platforms or related services, and they are deemed Third-Party Services under these Terms.
9. Ownership of Intellectual Property
A. The Airdrop Site, the Airdrop Programme (and all materials or content relating thereto), including any Kaito Trademarks (defined below), media, web applications, mobile applications, software, computer code, metadata, materials, design, text, images, photographs, illustrations, animation, content, text, media files, artwork, graphic material, databases, proprietary information, graphics and visual effects, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all Intellectual Property Rights therein (all of the foregoing, individually and collectively, the “Kaito Assets”), are our property and/or where applicable, the property of our licensors or suppliers. The Airdrop Site and the Airdrop Programme may contain materials licensed by third-parties to the Company, and these third-parties may enforce their ownership rights against you in the event that you violate these Airdrop Terms. Nothing in these Airdrop Terms shall be interpreted as granting any license of Intellectual Property Rights of the Kaito Assets to you other than as explicitly set forth in these Airdrop Terms. You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any part of the Airdrop Site. You may not do anything that infringes, violates or misappropriates the exclusive rights belonging to us.
B. Under these Airdrop Terms, “Intellectual Property Rights” refer to patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. “Kaito Trademarks” means any and all logos, trademarks, service marks, and trade dress associated with the Airdrop Site and the Airdrop Programme, including the “Kaito” “Kaito AI” “Kaito Connect” “Yapper Leaderboard” “Yapper Launchpad” “Yapper” and “Yaps” names or products or service developed by us.
C. The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Airdrop Site and the Airdrop Programme are service marks, trademarks and/or trade dress that belong to us and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by us in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Airdrop Site, the Airdrop Programme, the Kaito Trademarks or the Company.
D. You may choose to submit comments, bug reports, ideas or other feedback about the Airdrop Site or the Airdrop Programme, including, without limitation, about how to improve the Airdrop Site, the Airdrop Programme, or any materials or content relating thereto through the email address provided at the end of these Airdrop Terms or support channels within the Airdrop Site (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
10. Data Protection and Privacy
A. In the course of your access and/or use of the Airdrop Site, or your participation in this Airdrop Programme, we may be required to collect, use, disclose and/or process certain data (including personal data) belonging to you. In this regard, we will collect, use, disclose and/or process your personal data in accordance with applicable data protection and privacy laws, and as set out in our Privacy Policy .
11. no fiduciary relationship or reliance
A. Your participation in the Airdrop Programme does not create any fiduciary, advisory, or agency relationship between you and us. We do not act as a fiduciary or advisor to any participant, and no information or communication from us should be interpreted as financial, legal, tax, or other professional advice.
B. Any decisions you make regarding your participation in the Airdrop Programme are solely at your own risk, and you should not rely on any statements information from us as a basis for making financial or legal decisions.
C. You are encouraged to seek independent advice from qualified professionals, including legal, tax, and financial advisors, to fully understand the implications of receiving and holding tokens and the potential risks involved.
12. Limited Warranty and Disclaimer
A. GENERAL:
i. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE AIRDROP SITE, THE AIRDROP PROGRAMME, THE KAITO PROJECT AND ECOSYSTEM AND THE TOKENS ARE PROVIDED ON AN “AS IS”, “UNDER DEVELOPMENT”, "WITH ALL FAULTS" AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
ii. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR ACCESS AND USE OF THE AIRDROP SITE AND YOUR PARTICIPATION IN THE AIRDROP PROGRAMME AND FOR YOUR RECEIPT OF THE TOKENS. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR ACCESS AND USE OF THE AIRDROP SITE AND YOUR PARTICIPATION IN THE AIRDROP PROGRAMME MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF THE AIRDROP SITE AND YOUR PARTICIPATION IN THE AIRDROP PROGRAMME IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES, NOR ITS SUPPLIERS, THIRD PARTY PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) YOUR ACCESS AND USE OF THE AIRDROP SITE AND/OR YOUR PARTICIPATION IN THE AIRDROP PROGRAMME OR RECEIPT OF THE TOKENS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY IN THE COURSE OF THE AIRDROP PROGRAMME; (D) ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; (E) HUMAN ERRORS; (F) TECHNICAL MALFUNCTIONS; (G) FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; (H) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT ACCESS TO OR USE OF THE AIRDROP SITE OR PARTICIPATION IN THE AIRDROP PROGRAMME); (I) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; (J) INABILITY TO FULLY ACCESS THE AIRDROP PROGRAMME SYSTEMS; (K) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; (L) DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; (M) TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; (N) FAILURE TO RECEIVE, OR DELAY IN RECEIVING, ANY TOKENS; (O) INELIGIBILITY FOR ANY AIRDROP ROUND; (P) OR ANY OTHER MATTER RELATING TO THE AIRDROP SITE OR AIRDROP PROGRAMME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
iii. THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY DIGITAL WALLETS OR OTHER APPLICABLE BLOCKCHAIN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN OR COMPROMISED PASSWORDS OR SEED PHRASES OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY THE USERS; (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE AIRDROP SITE AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON.
B. Limitations of Liability
To the fullest extent allowed by applicable law, the Company, its parent, subsidiaries, Third Party Providers and affiliates shall not be liable for any loss or damage arising out of your participation in this Airdrop Programme. The liability of the Company to you in connection with this Airdrop Programme shall not, under any circumstances, exceed USD$1, unless applicable law explicitly disallows this limitation, in which case the Company’s liability shall be limited to the fullest extent permitted by applicable law.
C. Indemnity
You hereby agree to defend and indemnify the Company, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by the Company arising out of or from any violation by you of these Terms.
D. Equitable Remedies
You agree that the Company would be irreparably damaged if the sections of these Terms were not specifically followed and enforced. In such an event, you agree that the Company shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach these Terms; and that the awarding of equitable relief to the Company will not limit its ability to receive remedies that are otherwise available to the Company under applicable laws.
13. Amendments and Variations.
A. Alterations to the Terms.
i. The Company’s Rights. The Company may create updated versions of these Airdrop Terms (each a “New Terms”) as its business and the law evolves.
ii. New Terms. These Airdrop Terms will terminate immediately upon the introduction of a New Terms. New Terms will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified the Company of a Dispute. If you do not wish to be bound by a New Terms, you must immediately cease using the Airdrop Site and participating in the Airdrop Programme. Your continued use of the Airdrop Site and participation in the Airdrop Programme after the Company has published any New Terms constitutes acceptance by you of the New Terms.
14. Term and Termination.
A. Term. These Airdrop Terms are effective upon your first access and use of the Airdrop Site and participation in the Airdrop Programme, and shall remain in effect until it is terminated or superseded by a New Terms, or, if neither of the foregoing events occur, as long as you continue using the Airdrop Site and participating in the Airdrop Programme.
B. Termination
i. The Company reserves the right to terminate these Airdrop Terms and your access to and use of the Airdrop Site and your participation in the Airdrop Programme at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most access and usage suspensions and terminations are the result of violations of these Terms. In case of minor violations of these rules, the Company may provide you with a prior warning and/or suspend your use of the Airdrop Terms and/or Airdrop Programme due to your non-compliance prior to terminating these Airdrop Terms.
ii. In the event of a termination of these Terms, you will continue to be able to access and use your Digital Wallet, but you may need to do so through means outside of the Airdrop Site (for example, a browser extension). In addition, you will not be able to use the Airdrop Site or participate in the Airdrop Programme. The Dispute Resolution provisions of these Airdrop Terms will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
15. General
A. Entire Agreement. These Airdrop Terms, including any modifications that we may make from time to time, contain the entire agreement between you and us regarding the Airdrop Programme and supersede all prior communications or agreements between the parties regarding the Airdrop Programme.
B. Severability. If any term of these Airdrop Terms is or becomes invalid or unenforceable by any legislation to which it is subject to, it shall be deemed deleted to the extent of such invalidity or unenforceability, and it shall in no way affect or prejudice the validity or enforceability of the reminder of such term or the other terms of these Airdrop Terms. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
C. Assignment. None of your rights or duties under these Airdrop Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Airdrop Terms. Subject to the foregoing, these Airdrop Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
D. Headings. The headings of the sections of these Airdrop Terms are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections.
E. Waiver. No failure on the part of any Party to exercise and no delay on the part of any Party in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Airdrop Terms preclude any other or further exercise of it.
16. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY
A. Applicability of this Dispute Resolution Policy. This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. To the fullest extent allowed by applicable law, you and the Company agree to submit all Disputes between us to individual, binding arbitration. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and the Company that relates to any aspect of our relationship, including, without limitation, your use or attempted use of the Airdrop Site or your participation in the Airdrop Programme, and all marketing related to them, any licensed content, and all matters arising under these Airdrop Terms, the Company’s Privacy Policy, or any other agreement between you and the Company, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into these Airdrop Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
B. Informal Negotiation Period. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Airdrop Terms, you and the Company agree to first attempt to negotiate any Dispute (except as set out in Section 16.F. below) informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Notice must be provided within one (1) year of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims.
i. Negotiations will begin upon receipt of written notice by the party raising the Dispute. The Company will send its notice to your e-mail address or otherwise contact you via the registered telephone number that you have provided to us.
ii. You will send your notice to the Company at Keyway Chambers, 3rd Floor, Quastisky Building, Road Town, Tortola, British Virgin Islands.
C. Binding Arbitration. If a Dispute cannot be resolved through negotiations, either you or the Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. The provision by you of a notice to the Company, containing all of the information referenced above, and your good-faith participation in the Informal Negotiation Period, are prerequisites to commencing arbitration.
i. Any dispute as to any matter arising under, out of or in connection with this Agreement (including but not limited to any question regarding its existence, validity or termination) shall be referred to and finally and exclusively determined by arbitration in the British Virgin Islands at the International Arbitration Centre of the British Virgin Islands (“BVI IAC”) in accordance with the Arbitration Rules of the BVI IAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The Tribunal shall consist of one arbitrator to be appointed by the Chairman (or equivalent position) of the BVI IAC. The language of the arbitration shall be English. The award by the arbitrator shall be valid, final and binding on each of the Parties. The Parties shall have the right to seek interim injunctive relief from a court of competent jurisdiction, both before and after the arbitrator has been appointed, at any time up until the arbitrator has made its final award. The Parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and the Company shall be responsible for their respective attorneys’ fees and expenses.
ii. THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. The arbitrator may not consolidate disputes against the Company by other individuals or entities unless the Company expressly consents to such consolidation. These Airdrop Terms provide no right or authority for any Dispute to be arbitrated, adjudicated, or resolved through proceedings on a class or representative basis or using class action procedures. The arbitrator may award any relief that is permitted by applicable law with respect to your individual claim, but to the maximum extent permitted by applicable law, may not award relief against the Company respecting any person other than you.
D. Class and Collective Action Waiver. To the fullest extent allowed by applicable law, you and the Company agree that neither you nor the Company may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration or for any non-arbitrable claim pursued in court. The arbitrator and any court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then entirely void. If any portion of these Airdrop Terms other than the class action waiver is found illegal or unenforceable, such portion shall be severed and the remainder of these Airdrop Terms shall be given full force and effect. Any Dispute subject to any such portion of these Airdrop Terms shall be decided by the arbitrator.
E. Governing Law. Unless these Airdrop Terms include express language to the contrary, all Disputes shall be governed by and construed under the laws of the British Virgin Islands without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This paragraph will be interpreted as broadly as applicable law permits.
F. Exceptions to Negotiations and Arbitration. You and the Company agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
i. any Dispute seeking to enforce or protect, or concerning the validity of, any of the Company’s intellectual property rights;
ii. any Dispute related to, or arising from, claims that the other party has committed piracy;
iii. individual actions duly filed in a small-claims court of competent jurisdiction on a non-representative basis; any claim within the jurisdictional limits of the small claims courts;
iv. enforcement actions pursued through a governmental agency if permitted by applicable law;
v. the Company’s right to seek injunctive relief to preserve the status quo pending or during an arbitration.
Claims excluded from arbitration under this section are subject to the choice of law, forum selection, and jury waiver clauses set forth in these Airdrop Terms.
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