# Attention Economy **"The currency of life isn’t money. It’s not even time. It’s attention."** — Naval Ravikant The era of GenAI has drastically reduced the marginal cost of producing information, increasing its abundance while making it more challenging to filter for what is truly worth our time. In this new economy, what is scarce and valuable is the attention that information accrues — through clicks, likes, shares, and impressions — representing the flow of value in the trillion-dollar attention economy. Yet, the attention economy today is broken. Creators produce content, users contribute personal data, brands spend huge amounts on advertising — yet the vast majority of the value flows to platforms. How do we redefine the relationship among creators, users, brands, and platforms? How do we collectively build a fairer and more efficient attention economy, while rewarding all market participants? At Kaito, we believe InfoFi is the answer.
# Why InfoFi **"Info finance is a discipline in which you (i) start with a fact you want to know and (ii) deliberately design a market to optimally elicit that information from market participants."** — Vitalik Buterin, *From Prediction Markets to Info Finance* The distribution of attention in today's market is, at best, inefficient, and, at worst, deeply unfair. * **Inefficiency** * Social media often creates echo chambers which lead to a suboptimal distribution of attention. * Platform algorithms may be biased or imperfect. * Algorithm-based attention distribution could be inferior to other alternatives, such as market-based systems, which are closer to the source of truth. * **Unfairness** * Creators receive only a small fraction of the value they generate directly from the platform. * Users drive the demand that fuels this economy but remain unrewarded for their time and engagement. * Platforms not only hoard the majority of the value but also dictate the flow of attention and value without accountability or transparency, due to a significant power imbalance (eg account suspensions could be made solely at the platform's discretion). This is where InfoFi comes in: it allows market forces to determine where attention should flow. By introducing market forces, this approach has two major advantages: * **Efficiency:** Market-based systems have proven to be more effective in bringing the world closer to the source of truth — case in point: Polymarket’s role in 2024 US Election. * **Decentralization & Fairness:** Since market forces are driven by the collective actions of creators and users, this approach also reduces reliance on platform algorithms and facilitates a fairer, trustless redistribution of value across the entire network. ## AI-Powered InfoFi One of the struggles InfoFi has historically faced is the long-tail problem. While everyone can have a view on the outcome of the US elections, people find it much more difficult to form opinions on the majority of long-tail topics. For example, is Toyota more popular today than it was three months ago? How has sentiment toward Solana NFTs shifted in the past week? AI, on the other hand, excels at solving long-tail problems. By tokenizing the hard-to-quantify, it provides valuable reference points that enable the **formation of markets**. In fact, we believe AI-powered InfoFi is the endgame for information efficiency: * **Stage 1:** Disorganized information (the past) * **Stage 2:** AI-powered distribution (where we are today) * **Stage 3**: AI-powered InfoFi / market-driven distribution (where we are headed） ## What AI-Powered InfoFi Unlocks * **Attention as an Asset:** Transform attention into a quantifiable and valuable resource that can be priced. * **Market-Driven Distribution:** Let markets determine which brands or topics deserve attention. * **Democratized Participation:** Empower everyone — creators and users alike — to participate and capture their fair share of value in this inclusive economy. In this system, AI leverages algorithms to tokenize the digital economy, while market forces serve as the arbiter of value by drawing on the collective participation of all market players. AI-powered InfoFi establishes a new distribution network that is fairer, more transparent, and more efficient. This is the heart of what we are building at Kaito. # What is Kaito Today, Kaito is the distribution center of crypto, where information, attention, and capital move seamlessly — powered by AI. Within crypto, we have built a suite of products with product-market fit and are significantly scaling our token network to support more use cases. Kaito Pro has reached profitability, and our other products — Kaito Launchpad and Kaito Studio — are extending the network into capital formation and the creator economy. In the future, we see Kaito evolving to become the interoperable InfoFi layer that sits on top of the internet’s walled gardens, connecting creators, users, and brands in a fundamentally new way. ## Kaito Pro: Enabling AI-Powered Market Intelligence Kaito Pro is our AI-powered vertical search engine dedicated to crypto — an essential tool for navigating the industry’s fragmented, fast-evolving information landscape. By indexing thousands of sources — across social media, governance forums, research, news, podcasts, conference transcripts, and more — and combining this with proprietary search algorithms, semantic LLM capabilities, and real-time analytics, Kaito Pro streamlines access to high-quality, actionable insights in the crypto space. Today, Kaito Pro stands as the leading market intelligence platform that is widely used by the majority of the crypto teams, researchers, and investors.

Powering more than 500+ investment, marketing and growth teams

## Kaito Capital Launchpad: Powering Data-Driven Capital Formation Kaito Capital Launchpad is a data-driven capital formation platform where verifiable reputation and contribution — based on the most in-depth social reputation and mapping, onchain reputation and holdings, historical alignment/participation, region, conviction, and more — determines community allocation. By leveraging Kaito's open, meritocratic and relevance-based mechanism, Capital Launchpad enables projects to direct access toward the contributors who actually shape attention, narrative, and adoption.

Powering capital formation for leading crypto projects

## Kaito Studio: Redefining Attention & Capital Flows Kaito Studio is the operating system for brand–creator collaboration in crypto, moving the industry from broad, untargeted outreach toward intentional matching based on mutual fit, audience alignment, and clear expectations. Built on Kaito's mindshare graph and a creator network representing 80 million collective followers and $14 billion in follower net worth across 118 countries, Studio brings structure to the full lifecycle — from creator matching to performance attribution to end-to-end campaign orchestration.

Connecting brands and creators through verified data

# Kaito Pro — AI Platform Kaito Pro is an essential tool for navigating the crypto industry’s fragmented and fast-evolving information landscape. It transforms terabytes of siloed, unstructured data into actionable intelligence for investors, builders, and communities. ## The Problem The crypto space is overwhelmed by fragmented information scattered across countless platforms and disparate sources (social media, Governance Forums, and more). This fragmentation makes it nearly impossible to keep up with the industry, let alone to identify actionable insights. Moreover, search engines like Google are inadequate for providing trusted, high-quality crypto information, leaving users without an efficient way to access reliable insights. ## The Solution Over the past three years, Kaito Pro has built an AI-powered market intelligence platform for crypto, indexing diverse sources and enhancing them with semantic models and advanced analytics. It’s a game-changer for accessing vital information quickly. ## Core Features of Kaito Pro * **Purpose-Built Indexing** * Indexes thousands of public datasets, including social media, Governance Forums, Farcaster, Telegram, Medium, and proprietary transcripts from podcasts and conferences, and more. * **Real-Time Intelligence** * Continuously updated datasets provide users with real-time insights into mindshare and sentiment changes, protocol upgrades, market trends, and other developments. * **Comprehensive Features Tailored for Crypto** * **MetaSearch**: Instantly search for any ticker, topic, or trend across thousands of premium Web3 sources. * **Sentiment Analytics**: Analyze shifts in market sentiment and uncover the factors driving them. * **Smart Alerts & Dashboards**: Create customized feeds to track tokens, projects, or narratives and access critical updates instantly. * **Token Mindshare**: Quantitatively and objectively monitor and benchmark mindshare changes over time across the market or any particular sector * **Narrative Mindshare**: Systematically track narrative rotations and understand the momentum of existing narratives and identify upcoming ones early * **Catalyst Calendar**: Stay informed about tokenomics changes, unlocks, TGE, governance votes, and other major events. * **Audio Library**: Access all podcasts and conference transcripts with AI-driven summaries for quick comprehension. * **AI Copilot**: Your personal assistant for understanding trends and making real-time decisions. ## Why Kaito Pro Matters Kaito Pro is a solution purpose-built to empower participants in the crypto space and shape the future of information flow in Web3. By transforming fragmented data into actionable insights, Kaito Pro demonstrates how AI is essential for navigating the complex crypto ecosystem. More importantly, it serves as a cornerstone for the broader **InfoFi vision**, paving the way for a decentralized, transparent, and efficient information economy.

Search any ticker, topic, or trend for instant insights in seconds across thousands of premium Web3 sources

Track all the latest news, sentiment changes and upcoming catalysts through customized watchlists for any ticker, topic or trend

# Kaito Capital Launchpad — Data-Driven Capital Formation Capital has historically flowed to the fastest or loudest — not necessarily to those who contribute the most value. * Projects struggle to identify and reward the supporters who actually drive their growth. * Genuine contributors are overlooked in favor of passive capital. * Communities feel disconnected from the projects they champion. To address this, Kaito Capital Launchpad introduces a new model for capital formation — where verifiable reputation and contribution determine allocation. ## **Kaito Capital Launchpad —** AI-powered, merit-based allocation Capital Launchpad uses Kaito's proprietary analytics — across social, onchain, and behavioral signals — to direct allocation toward the participants who actually drive a project's growth: * Reputation-Based Allocation — Allocations are determined by a comprehensive view of each participant: social reputation, onchain activity, holdings, historical alignment, region, and conviction. * Merit-Based Access — open to anyone, earned by measurable impact * Aligned Outcome — projects raise from real supporters, contributors earn meaningful exposure

Track record of projects that have raised through Capital Launchpad

# Kaito Studio — Creator Economy Infrastructure The relationship between brands and creators is broken. * Brands rely on agencies and broad outreach to find creators which is often slow, opaque, expensive. * Creators are evaluated on vanity metrics that fail to capture real influence. * There is no standard way to attribute outcomes on either side. To address this, Kaito Studio is building the operating system for brand–creator collaboration — moving the industry from broad outreach to targeted, intentional matching, grounded in data and mutual fit. ## **Studio as the Creator Economy Layer — matching, measurement, orchestration** * Ambassador and creator matching — helping brands find the right ambassadors or creators based on data, audience, and subject alignment * Performance attribution — measuring real impact across influence, mindshare, and conversion * End-to-end orchestration — powering a repeatable workflow from creator matching and campaign execution to measurement, evaluation, and optimization

The growing roster of brands building with Kaito Studio

# Introducing $KAITO ## $KAITO: The InfoFi Token $KAITO is the native token and the fundamental building block of the AI-powered InfoFi network. It plays several key roles: * **Driving Market Forces:** $KAITO holders actively participate in shaping the network by influencing the distribution of attention within the AI-powered InfoFi ecosystem. * **Network Currency:** $KAITO functions as the primary medium of exchange within the Kaito ecosystem, facilitating seamless transactions and interactions. * **Community Governance:** $KAITO enables decentralized decision-making, allowing token holders to propose, vote on, and implement key protocol and algorithm changes. This governance mechanism ensures that the network evolves in alignment with its community’s interests, fostering a transparent and efficient AI-powered InfoFi ecosystem. $KAITO aligns incentives, empowers participants, and fuels the growth of a fair and efficient AI-powered InfoFi network.
# Tokenomics 56.67% of $KAITO is devoted to Community & Ecosystem. Of that, 19.5% will go towards initial and long term community airdrops and incentives. #### Initial Token Distribution * **32.2% Ecosystem & Network Growth** – Dedicated to fuelling ecosystem expansion through grants, marketing, incentives, and other initiatives that drive sustained adoption and innovation. * **2% Binance Hodler** – Allocated to strengthen strategic partnerships between the Binance and Kaito communities. * **10% Initial Community & Ecosystem Claim** – Designed to recognize and reward our early community members and ecosystem partners. * **7.5% Long-term Creator Incentives** – Reserved for rewarding creators over the long-term, initially on X and eventually across other platforms. * **5% Liquidity Incentives** – Allocated for staking and liquidity incentives. * **10% Foundation** – Ensures the sustainable development and long-term growth of the Foundation. * **25% Core Contributors** – Reserved for Kaito's core contributors. * **8.3% Early Backers** – Allocated to Kaito’s early investors.
#### Initial Community and Ecosystem Claim - 10% This allocation includes the initial Kaito Yapper community, Genesis NFT holders, and ecosystem yappers and partners. Our overall approach is guided by two key principles: * **Rewarding alignment:** Distributing $KAITO to those who are most aligned with the Kaito community and most likely to actively participate in our InfoFi roadmap over the long term. * Maintaining a **merit-based** system while ensuring **fairness** and **equity** to the best of our ability. Under these principles, we have gone beyond simply counting total yaps. Instead, we have conducted a comprehensive AI-powered analysis to assess a large number of factors, including Kaito value alignment, long-term loyalty, ecosystem participation, Kaito Connect governance involvement, regional and emerging yappers, onchain reputation, and more. **Key Evaluation Factors** * **Yaps:** Represents tokenized attention, serving as proof-of-work, proof-of-engagement, and proof-of-insight. * **Kaito value alignment:** This includes all public discussions about Kaito, analyzed and quantified into an alignment score based on our core values and mission. * **Kaito long-term loyalty:** This measures discussions and engagements before the launch of Kaito Yaps, evaluating impact and consistency over the past 3 years to reflect genuine commitment to the Kaito ecosystem. * **Overall Kaito ecosystem participation:** This identifies supporters who are active in both Kaito Pro and Kaito Yaps. * **Governance participation:** Recognizing active involvement in Yapper Launchpad voting. * **Regional yappers:** Acknowledging the diversity of our community across different geographies. * **Emerging yappers:** Encouraging rising voices and creators to thrive within the Kaito ecosystem. * **Onchain reputation:** Recognizing meaningful onchain activity, reputation, and Genesis NFT holding period. **Broadening Participation & Recognition** While the Yaps system is intentionally designed with a social reputation threshold, we recognize the collective contributions of the broader yapper community. Therefore, we have decided to reward not only those with Yaps but also a much wider community base that meets certain thresholds for either social reputation or ecosystem participation. For Kaito Pro users, in addition to rewarding those with crossover engagement in the Yaps ecosystem, we will allocate a separate initiative within the Ecosystem and Network Growth allocation. This will incentivize all Kaito Pro users to actively contribute to building the InfoFi future. We believe there is immense synergy in integrating these two ecosystems into a cohesive whole. We have also set aside an allocation for ecosystem partners, who have been early adopters of the Yapper Leaderboard and Yapper Launchpad ecosystem (e.g., Berachain, MegaETH, Story Protocol, Anime, Corn, etc.). We will collaborate with relevant teams on distribution, ensuring that these rewards are explicitly allocated to end users. #### Long-term Creator Incentives - 7.5% Creators form the backbone of the attention economy, and this allocation is designed to foster sustained, high-quality content creation while attracting new creators to the network over time. By rewarding those who spark meaningful discussions, we aim to support the creator community and reinforce the value of truly impactful contributions within the network. #### Ecosystem and Network Growth - 32.2% This allocation is designated to fund grants, marketing, incentives, and other initiatives that drive sustained adoption and innovation. We encourage a wide range of collaborative endeavours that enrich the InfoFi ecosystem. #### Binance Hodler - 2% Allocated to strengthen strategic partnerships between the Binance and Kaito communities. #### Liquidity Incentives - 5% This allocation is designed to incentivize both staking activities and liquidity provision. Staking ensures long-term alignment with the network and active participation in the InfoFi ecosystem, as voting rights are derived from staked $KAITO. Meanwhile, liquidity provision supports a healthy and vibrant market for $KAITO. #### Foundation - 10% The Kaito Foundation allocation is dedicated to driving core platform development, governance research, and strategic initiatives that are necessary for the Kaito ecosystem. This helps safeguard the network’s future and ensures that core operations remain fully supported. #### Core Contributors - 25% This allocation recognizes those who built the foundations of Kaito and brought the ecosystem to where it is today, as well as driving the sustained growth of the network tomorrow. Vesting schedules ensure the core contributors remain aligned with Kaito’s vision over the long term, maintaining a steadfast commitment to building a shared network for creators, users and brands. #### Early Backers - 8.3% This allocation is provided to our early backers, including our Seed and Series A investors, who were invaluable in providing financial commitment and strategic guidance since the early days of Kaito. Vesting schedules ensure the early backers remain aligned with Kaito's vision over the long term and continue to provide their support in building out the future of InfoFi. **Consideration for X Deactivated/Suspended Accounts** If your account on X was deactivated or suspended at the time of claim, you can reach out to the Kaito team and we will work with you to ensure your eligibility is properly accounted for. **Consideration for AI Agents' allocation** AI agents' allocation will be reserved for governance voting after the claim period (\~30 days). The Kaito community has previously expressed differing views on this matter, so we would like to put it to a vote. This approach ensures that the allocation aligns with the broader goals of the Kaito ecosystem. Governance will determine whether and how these funds should be distributed. # Token Release Schedule
# Terms of Use TERMS OF USE Last updated: 18 August, 2025 Welcome to the Yaps by Kaito website and platform (accessible at ) (the “Platform”) and the suite of features, services and applications made available thereon (collectively, the “Services”), provided and operated by OpenKaito Digital Ltd. (the “Company”, “we”, “our” or “us”). These Terms of Use (the “Terms”) govern your access to and use of the Company’s Platform and Services and constitute a legally binding agreement between (i) us and you, and/or (ii) if you are representing an entity, the entity that you are representing (hereinafter referred to as “you” or “your”). By accessing and/or using the Platform and any of the Services, you agree to be bound by these Terms and our [Privacy Policy](https://docs.kaito.ai/legal/privacy-policy) which collectively represent the complete agreement between you and us in respect of our Platform and Services and shall supersede any prior agreements between us, whether written or oral. 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. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR PLATFORM OR ANY OF THE SERVICES. 1. **Eligible Users.** By accessing and/or using the Platform and any of the Services, you must be and hereby affirm that you: a. are not prohibited or restricted from accessing the Platform or using the Services available on the Platform by any laws or regulations applicable to you; b. 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 use the Platform; and c. are not: (i) a citizen of, or located in or ordinarily resident in any of the Restricted Jurisdictions (defined below); or (ii) 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. 2. **Access and Use of the Platform**
A. The Platform utilizes various technologies (including without limitation, blockchain and decentralized technologies) to enable you or other users of the Platform (each a “User”) to perform the following activities through the Platform: (i) create, link, connect, access and/or utilise a self-custodial digital wallet (whether provided by the Company or by a third-party provider) to or with the Platform (a “Digital Wallet”); (ii) store locally on your own Digital Wallet(s), tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets"); (iii) view and track aggregated information and data relating to Digital Assets; (iv) view information relating to your activity and transactions on the Platform (“Progress Tracking”); (v) access or use decentralized applications or protocols, including, without limitation swapping functionalities, launchpad, cross-blockchain bridges and Digital Wallets (collectively "Dapp(s)"). For avoidance of doubt, such Dapp(s) may be operated or managed by third parties instead of us; (vi) participate in the various activities, services and transactions involving Digital Assets through the Dapp(s) as stated above; and (vii) such other features and functionalities that may be added to the Platform from time to time, More details on the Services provided through the Platform can be found in Section 3 below.
B. To access and use the Platform and some of the Services, you will be required to either (i) create, link and/or connect your Digital Wallet; or (ii) create an account with your social media profile (X (formerly known as Twitter account) and log in with said account (each a “User Account”). Certain parts of the Platform may require additional access credentials or other specific conditions in order to access or use the Platform. Access and use of the Platform via a User Account, are subject to the following terms and conditions: (i) When you register an account with your email address and/or social media profile (X (formerly known as Twitter account), your use of your email address and/or your social media profile (X (formerly known as Twitter account) is at your own risk, and subject to the relevant email service’s and/or social media platform’s service provider’s terms and conditions. (ii) The Company shall have the right to monitor and/or record your communications when you use the Platform, and you acknowledge and agree that when you use the Platform, you have no expectation that your communications will be private. The Company shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of these Terms or any other of the Company’s policies; (c) to protect the Company’s legal rights and remedies; (d) to protect the health or safety of anyone that the Company believes may be threatened; or (e) to report a crime or other offensive behavior. (iii) You are solely responsible for all activities conducted through your User Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates these Terms is discovered or reported (whether by you or someone else) that is connected with your User Account, the Company may suspend or block your User Account’s access to the Platform, whether for a period of time or indefinitely. (iv) You are solely responsible for maintaining the confidentiality and security of your User Account and for restricting access to your User Account and/or devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your access credentials (for example, passwords or biometrics) or from any person's use of your access credentials to gain access to your User Account. You acknowledge that in the event of any unauthorized use of or access to your User Account, access credential or other breach of security, you accept that due to the nature of the Platform, the Company will be unable to remedy any issues that arise, and the Company will not be responsible or liable for the same. (v) The Company will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part. (vi) The Company will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your account.
C. **Grant of License.** If you accept and comply with these Terms, the Company will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to access and use the Platform subject to the “Restrictions,” set forth in Section 4 below, as follows: (i) You may access and use applicable Services available on the Platform on one or more computers or mobile devices under your authorized control. (ii) You may use the Platform for your personal and non-commercial purposes only. (iii) You may not transfer your rights and obligations to use the Platform. (iv) Some Services (including Dapps) of the Platform are provided, managed or operated by third party suppliers, partners or licensors of the Platform (“Third Party Providers”) and may be subject to specific requirements or terms and conditions imposed by such Third Party Providers. Please refer to Section 7 below for more information.
D. **Open Source Components.** The Platform may contain components that are subject to open-source licenses ("OSS Components”). Your access and use of these OSS Components shall be subject to the applicable open-source licenses that apply to and govern such OSS Components. E. **Acknowledgements and Disclaimers.** You acknowledge and understand that: 1. Features and Services. The Company offers a number of Services which can be generally accessed through the Platform. Some of the Services may require you to create an account or connect a Digital Wallet and/or may require payment or a subscription to use. Further details of each of the Services, and the terms and conditions applicable to such Services, are provided on the Platform and in these Terms. Your access and use of each of these Services are solely at your own risk, and subject to the applicable terms and conditions for the relevant Service. 2. Use of Digital Wallets. To access our Platform and/or Services, you may be required to create a Digital Wallet or connect your own third-party Digital Wallet. We are not responsible or liable for your Digital Wallet or funds held therein, including your access and use thereof. You are solely responsible for the retention and security of your private keys or other security credentials in connection with your Digital Wallet. We shall not be liable in any way for any loss of your funds due to your failure to retain and/or secure your Digital Wallet. 3. Digital Assets Risk Disclaimer. You acknowledge and agree that there are inherent risks in your use of the Platform and the Services, including any smart contract or security breaches, fluctuations in the value of your Digital Assets, risks of liquidation or counterparty risks, any communication failures, disruptions, errors, distortions or delays, the risk of hardware, software and Internet connections failure or problems, or malicious software introduction, or the risk that third parties may obtain unauthorized access to your information or Digital Wallet, which may result in the loss of your Digital Assets or access to the Platform and/or Services. By using the Platform and/or Services, you acknowledge and agree to undertake these risks, and you accept that we shall not be liable for any losses or damages arising from or in connection with such risks. 4. No Reliance on Information. Any information provided or made available on our Platform and/or Services shall not be considered or construed as financial advice, investment advice, tax advice, legal advice, or any other sort of advice. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, correctness or completeness of such information and is provided only for general informative purposes, and no reliance should be placed on it. The Company shall not be responsible or liable to you for any use of, or reliance placed on, any available or provided information. We are not, and shall not be deemed as or treated as a financial institution, centralised exchange or trading platform, broker or fund management platform. 5. No Fiduciary Relationship. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the [Privacy Policy](https://docs.kaito.ai/legal/privacy-policy)). 6. Compliance Checks. We may be required by anti-money laundering or other forms of regulations, and as part of our internal policies, to make background checks or verification checks on the source of any funds placed on deposit by our customers. In the event that our background or verification checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your access to and use of the Platform or any Services should we be unable to satisfy ourselves that in respect of any background or verification checks. 7. Legal and Regulatory Compliance. You are responsible for complying with all laws that may be applicable to or govern your use of the Platform and/or Services, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission ("CFTC"), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission ("SEC"), the Securities and Futures Act and the Payment Services Act overseen by the Monetary Authority of Singapore and all foreign laws that apply to you and your use of such Services. You shall not access or use our Platform or Services if it would be illegal, or a violation of any applicable laws or regulations, to do so within your jurisdiction. 8. Security. You are solely responsible for properly configuring and using the Platform and the Services and otherwise taking appropriate action to secure, protect, and backup your User Accounts and Digital Wallet and/or your User Content in a manner that will provide appropriate security and protection, which might include use of encryption. If you are not able to be responsible for your own account security, or do not want such an obligation, then you should not access or use the Platform and the Services. Your obligations under these Terms include ensuring any available software updates or upgrades to the Platform and/or the Services you are using are promptly installed or implemented, and recording and securely maintaining any access credentials or passwords that relate to your use of the Platform and the Services. 9. User Warranties. Prior to your use of the Platform and on an ongoing basis, by using the Platform, or any of the Services (including without limitation, any of the informational and social content made available thereon (collectively, the “Content”)), you represent, warrant and covenant that: 1. You will not provide any false, inaccurate, incomplete or misleading information while using the Platform, or any Service or Content available thereon, or engage in any activity that operates to defraud the Company, other Users, or any other person or entity; 2. You will not use the Platform or any Service to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion; 3. Any Digital Assets you use in connection with the Platform or any Service are either owned by you or you are validly authorized to carry out actions using such assets; 4. You access and use the Platform (including any Service or Content available therein) for your own benefit and not for the benefit or on behalf of any third party beneficiary; 5. There is a risk of losing your Digital Assets (including without limitation, your funds and cryptocurrency) when using the Platform and/or any Service and that we have no responsibility to you for any such loss; 6. You will not utilise or deposit funds or assets, which originate from criminal or other unauthorised, illegal or illicit activity; 7. You will not utilise or deposit funds or assets, using payment methods that do not belong to you; 8. You accept and acknowledge that the value of your Digital Assets (including any cryptocurrency) can change dramatically depending on the market value, market conditions or any reason whatsoever and you bear the sole risk of such fluctuations; 9. We are not, and shall not be deemed as or treated as a financial institution, centralised exchange or trading platform, broker or fund management platform; 10. We may be required by anti-money laundering regulations, and as part of our internal policies, to make background or verification checks on the source of any funds placed on deposit by our customers. In the event that our background or verification checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your access to and use of the Platform, any Service, or to your Digital Assets (including cryptocurrency and funds deposited via on our Platform should we be unable to satisfy ourselves that your source of funds is legitimate; 11. You will not, and will not attempt to, authorize anyone other than you to access the Platform and any of the Services through your Digital Wallet or User Account; 12. You will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Platform and/or the Services or otherwise act in a manner that may negatively affect other users' experience when using the Platform and Services. This includes taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the Platform and the Services; 13. You are sophisticated in using and evaluating blockchain technologies and related blockchain-based Digital Assets, including the blockchain networks, smart contract systems, automated market making protocols, derivative and margin trading, perpetual future contracts, P2P trading and related settlement pools, liquidity pool pricing bonding curves, the concept of pricing slippage, the mechanism of liquidity attribution and the potential of value loss for liquidity providers due to liquidity attribution and dynamic pricing across different liquidity pools. Specifically, you represent and warrant that you have evaluated and understand the use of the Platform and the Services and have not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of the Company with respect to the Platform and the Services; and 14. You accept and acknowledge all risks associated with the use or access of the Platform or any Services made available thereon, including but not limited to the risks set out in these Terms. 10. Changes. We may change, add to, modify, remove, suspend, or discontinue any aspect of the Platform and/or Services at any time, and without prior notice or liability to you. We may also impose limits on certain features or restrict your access to parts or all of the Platform or any Services made available thereon without notice or liability.
11. **Overview of Services and Features Available on the Platform.**
1. Service Availability. The Services are provided on an “as-is” and “as-available” basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, operation and any particular application or use. You acknowledge and agree that we may, in our sole discretion, apply changes, replace or discontinue (temporarily or permanently) any part of the Services at any time. We reserve the right to disable or modify access to the Services at any time in the event of a breach of the Terms, including, if we reasonably believe any of your representations and warranties may be untrue, misleading or inaccurate, and the Company will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason 2. LeaderBoard. The Platform studies, assess and provides analytics of Users’ posts on their social media profiles (“User Posts”) as well as the behaviours, replies and interactions of others with the User Posts. With such data, the Platform provides, for general information and recreational purposes only, leaderboards (each a “Leaderboard”) representing various metrics (including without limitation, a User’s ranking in relation to other Users on the social media platform, or the ranking of a given topic or Digital Asset based on public sentiment (whether positive or negative) in relation to that Digital Asset on social media platforms. The Leaderboards are updated regularly based on the publicly available data that the Platform receives from the social media platform(s). Notwithstanding the Company’s efforts, information available as part of each Leaderboard may not be accurate, timely, current or complete, and may include technical inaccuracies or typographical errors. Information is subject to change or update from time to time without notice, including information regarding the Company’s Terms or policies. Accordingly, you should verify all information before relying on it, and all decisions based on information made available as part of the Leaderboard feature are your sole responsibility. 1. All User Posts are subjective views and opinions of the relevant User, and any determination made by the Platform in respect of any particular topic, User or Digital Asset are based on analytics performed on publicly available data by the Platform’s artificial intelligence technologies and tools. You acknowledge and agree that: 1. Artificial intelligence, data analytics and its related technologies and branches of disciplines are emerging technologies and under constant development and improvement. Accordingly, results, findings and information generated through the use of such artificial intelligence and data analytics technologies (“Generated Results”) may not be complete, accurate, correct, and may be subject to error, defects or flaws. There is no guarantee as to the quality or integrity of the results, findings and other information generated. 2. Any such User Posts or Generated Results may not be regarded as, deemed to constitute or be relied upon as, legal, tax, investment, financial, professional or other advice. 3. All User Posts are subjective opinions only and should be treated as such. 4. You should not rely on any Generated Results or User Posts in making any decisions to use any Service or in respect of any Digital Asset. You should consult with your own counsel and advisers as to all legal, tax, regulatory, financial and related matters concerning any Digital Asset. 5. Nothing on the Platform (including without limitation any Service, any Content or any information relating to Digital Assets) constitutes an offer (or solicitation of an offer) to buy or sell any Digital Asset, or to participate in any particular trading strategy 3. Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform. As part of this process, the Company and/or its authorized third party advertisers may collect standard information that is sent when your personal computer or device connects to the Internet including your Internet protocol (IP) address. 4. Eligibility Checker. We may make available tool for Users to check their eligibility (the “Eligibility Checker”) for any rewards that may be issued by the Platform or under the “Kaito” project and ecosystem (including without limitation, any airdrop of Digital Assets issued by or under the “Kaito” project and ecosystem) (the “Rewards”). The Eligibility Checker is provided for your convenience only, and any information provided therein, including information relating to your eligibility and/or allocation for any Rewards, 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 Rewards. 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 relevant Rewards for your convenience only. Results displayed by the Eligibility Checker do not guarantee final eligibility, participation, or any right to receive any such 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. Any Rewards to be finally issued may be subject to such other terms and conditions as may be imposed by the Company or by any third party issuing such Rewards. We reserve the right to change our decisions (and accordingly, any results displayed by the Eligibility Checker) on or prior to the occurrence of any distribution of a relevant Reward. The final number of Rewards that you may receive (if any) may differ from the results of the Eligibility Checker. 5. Conduct. You shall ensure that your actions, conduct and behaviour in your use of the Platform comply with and abide by all the rules and guidelines imposed by the Company and/or its Third Party Providers. The Company may suspend or block your access to the Platform and/or any Services, whether for a period of time or indefinitely, in the event that you violate or fail to comply with any of such rules and guidelines. For the avoidance of doubt, although we may suspend or block your access or use of the Platform and Services, we will not block or prevent you from accessing your Digital Wallet or the Digital Assets stored thereon, unless legally required to do so by any applicable laws or regulatory, court or governmental order. 6. Identity Disclosure. The details obtained from by the Platform from your connected or linked social media profile may contain details of your real and actual identity. You are solely responsible for the protection of your real and actual identity within the Platform, and any disclosure of your real and actual identity to any other user within the Platform is at your own risk. The Company and/or its Third Party Providers will not be liable or responsible for any disclosure of your real and actual identity by you within the Platform, or any loss, damage or harm arising as a result of such disclosure. 7. User Created or Uploaded Content. The Platform may enable you to upload and display content (including without limitation, images, text, messages, data, information, videos, voice and sound recordings) on the Platform, (collectively, the “User Content”). 1. You retain ownership over your User Content but you hereby grant the Company a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to use for any purpose whatsoever (whether commercial or otherwise) the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. The Company shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to the Company any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and the Company, and the Company may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and the Company. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights or proprietary rights of any third party. 2. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. The Company may remove or delete any User Content and any related content or elements from the Platform at its sole discretion (including without limitation, where the Company believes that any User Content is in violation of these Terms). 3. The Company does not guarantee that it will retain or store any User Content, and the Company shall not be liable or responsible to you or any third party for any inability to access or retrieve your User Content arising from any reason whatsoever (including without limitation, any loss, removal or deletion of User Content). You are solely responsible for retaining backups or copies of your own User Content. You are solely responsible for ensuring that any User Content you submit or upload to the Platform comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your User Content may be used in accordance with our Privacy Policy. The Company always has the right, in its sole discretion, to accept or reject any User Content. 8. Digital Wallets Created via the Platform. You may use the Platform to link or create a Digital Wallet. The Company will not be liable or responsible for the creation of any Digital Wallet by you, and for your access and use of such Digital Wallet. You acknowledge and understand that: 1. The Company does not have control over your Digital Wallet, and cannot be liable or responsible for any activity or transaction conducted via your Digital Wallet, whether initiated through the Platform’s user interface or otherwise. 2. All actions taken or purported to be taken via your Digital Wallet (including the initiating of, or signing of, any transactions) will be automatically deemed to have been conducted and authorised by you. The Company and the Platform will not be able to verify the veracity or authenticity of such transactions or prevent such transactions from occurring. 3. In certain circumstances, such as if you lose or forget your password for your Digital Wallet, you will need to use a seed or recovery phrase to access any Digital Assets stored in your wallet (the "Seed Phrase"). You are solely responsible for the retention and security of your Seed Phrase. Your Seed Phrase is the only way to restore access to the Digital Assets stored in your Digital Wallet if you lose access to your Digital Wallet. Anyone who knows your Seed Phrase can access, transfer or otherwise deal with or dispose of your Digital Asset. If you lose your Seed Phrase, you may not be able to access, transfer or otherwise deal with or dispose of your Digital Asset. You acknowledge that certain methods of securing your Seed Phrase, such as storing it as a digital file anywhere, including on your personal device or on a cloud storage provider, increase the risk that your account or Seed Phrase will be compromised. You further acknowledge that you will not share with us nor any other third party any password or Seed Phrase that relates to your use of the Digital Wallet, and that we will not be held responsible if you do share any such password or phrase, whether you do so knowingly or unknowingly. For the avoidance of doubt, we take no responsibility whatsoever for any theft of a secret recovery phrase that involved intrusion through any means into your personal device or a cloud provider’s data repository. 4. You acknowledge and agree that we do not store and is not responsible in any way for the security of your Seed Phrase and you agree to hold us, our affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Seed Phrase and cannot access, transfer, use or otherwise deal with or dispose of your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Seed Phrase. 5. Digital Wallets provided by Third Party Providers shall be subject to the terms and conditions of such Third Party Providers. The Company has no control or responsibility over Digital Wallets provided by Third Party Providers. 9. Digital Asset Information. Information relating to Digital Assets (including but not limited to supply, volume, pricing, trends and/or value of such Digital Assets) made available on or through the Platform are obtained and/or sourced from external sources managed by Third Party Providers and has not been independently verified by the Company. The Platform aggregates and publishes publicly available information relating to the blockchain and Digital Assets in a manner and format which we feel is easy to read and understand. Such information is also independently available from other sources—for example, a person may directly review transaction history, wallet activity or wallet / account balances and on a blockchain explorer. In providing information about Digital Assets, the Platform associates or presumes the association of a relevant Digital Asset’s name, ticker, symbol or logo with a specific smart contract deployed to one or more blockchain systems. In making such associations, the Platform relies upon third-party resources which may not be accurate or may not conform to a given User’s expectations. Multiple smart contracts can utilize the same Digital Asset name, ticker. logo or symbol as one another, meaning that the name, ticker, logo or symbol of a Digital Asset does not guarantee that it is the token desired by the User or generally associated with such name, ticker, logo or symbol. Users must not rely on the name, symbol, ticker or branding of a Digital Asset on the Platform, but instead must perform your own due diligence and research, including without limitation, examining the specific smart contract associated with the name, symbol, ticker or branding and confirm that the relevant Digital Asset accords with User’s expectations. Such information shall not be considered or construed as financial advice, investment advice, tax advice, legal advice, or any other sort of advice. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, quality, origin, ownership or completeness of the information made available on this Platform, and is provided only for general informative purposes, and no reliance should be placed on it. The Company shall not be responsible or liable to you for any use of, or reliance placed on, the information relating to Digital Assets. We shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the information, nor for the availability of the information. 10. Progress Tracking Feature. From time to time, the Company may provide features that track your progress or record your activity and profile on the Platform as part of the “Progress Tracking Feature”, and to incentivise, and track, your participation on our Platform and in our ecosystem. Such features may include the issuance of points, rewards, benefits and incentives, and/or the conducting or issuance of various challenges, quests, mini-games or other activities that you may be able to participate in. We may also issue rewards, points, gifts or other benefits and incentives at our sole discretion (whether randomly or otherwise). Progress Tracking is provided for your information and entertainment only, and shall not be deemed as having any intrinsic value or entitling you to any reward, status or benefit. Such Progress Tracking may be reset regularly, and changes in the server status (such as server maintenance or server refreshes) may result in your Progress Tracking being reset, unsaved or lost. The Company shall not be liable or responsible to you or any third party in the event that your Progress Tracking is reset, unsaved or lost. 11. Kaito Launchpad. 1. From time to time, Users may have the opportunity to participate in the launch of certain projects by third parties (“Third Party Projects”) (which may include without limitation, allowing the Users to participate in the sale and purchase of tokens belonging to these Third Party Projects) (a “Launchpad Activity”). The eligibility of any User(s) to participate in a Launchpad Activity shall be at the sole discretion of the Company, and the Company shall have the discretion to impose certain criteria or eligibility conditions for the participation in any Launchpad Activity, or to allow all Users to participate in a Launchpad Activity based on a first-come-first-served basis. If you are eligible to participate in a Launchpad Activity, your participation will be subject to these Terms, and the applicable Subscription Agreement which will be issued to you prior to your participation in the relevant Launchpad Activity. 2. To participate in a Launchpad Activity, you will be required to complete and successfully pass an onboarding and Know-Your-Client due diligence process (the “KYC Process”), which may be provided by a third-party service provider. You will not be able to participate in any Launchpad Activity until and unless you complete and successfully pass the KYC Process. The Company will not be responsible for the conducting of the KYC Process by the third-party service provider, and/or any results of the KYC Process which may be provided by the third-party service provider. 3. To participate in a Launchpad Activity, you may be required to indicate your interest by bidding for a maximum amount of an allocation to participate in a Launchpad Activity (the “Maximum Allocation Amount”), and by submitting a non-refundable (except in the cases set out herein) pledge that matches or corresponds to the Maximum Allocation Amount (the “Pledge”). Should you subsequently be selected and eligible to participate in the relevant Launchpad Activity, your Pledge will automatically be used to pay for the actual allocation amount that you are entitled to participate in (the “Actual Allocation Amount”). For avoidance of doubt, the Actual Allocation Amount you are entitled to (if selected) may be less than the Maximum Allocation Amount, and the Company does not guarantee or promise that you will receive your Maximum Allocation Amount or any allocation amount at all. 4. The Company reserves the right to (a) amend, vary, reduce or decrease the Actual Allocation Amount that you are finally entitled to for any reason whatsoever (including without limitation, as a result of any oversubscription in a particular Launchpad Activity); or (b) extend, postpone, cancel, withdraw or amend any Launchpad Activity and return all Pledges received (in the event of any cancellation or withdrawal of a Launchpad Activity) for any reason whatsoever. 5. The Pledge will only be refunded to you in the event that (a) you are not selected and do not receive an allocation to participate in the relevant Launchpad Activity, in which case you will be refunded the full amount of your Pledge submitted; or (b) your Actual Allocation Amount is less than your Maximum Allocation Amount, in which case you will be refunded an amount of your Pledge that corresponds to the difference between the Maximum Allocation Amount and your Actual Allocation Amount. The refund of the Pledge (or part thereof) will be transferred to the custodial Digital Wallet address from which the Pledge was sent. We will endeavour to process the refund of the Pledge within a commercially reasonable timeframe once it has been confirmed that you did not receive an allocation. For avoidance of doubt, a Pledge is not, and shall not be deemed as, an indication or confirmation of a User’s participation or eligibility to participate in a Launchpad Activity. 6. The Company shall not be responsible or liable for any funds or payments made by you when you are ineligible to participate in the relevant Launchpad Activity. Should you try to make payment for the Pledge to the Company, you bear the responsibility of verifying that the funds were successfully transferred from your Digital Wallet. No transaction in respect of a Pledge will be considered complete until and unless payment is successfully made. 7. The featuring or listing of any Third Party Project shall not be deemed as an endorsement or the provision of any warranties (whether expressed or implied) in respect of the Third Party Project. The Company does not independently verify or conduct any due diligence in respect of any Third Party Project and you participate in any Launchpad Activity solely at your own risk. You acknowledge sole responsibility for and assume all risk arising from your participation in any Launchpad Activity, and it is your sole responsibility to independently assess the suitability of the Third Party Project for your own purposes. The Company shall not be liable or responsible to you or any third party for any losses, damages, liability, expenses or costs resulting from or arising out of or in connection with any Launchpad Activity or any Third Party Project (including without limitation, the loss of, reduction in value of, or forfeiture of the Pledge or any amounts paid by the User in respect of the Maximum Allocation Amount or Actual Allocation Amount, or for any change, reduction or variation in the Actual Allocation Amount receivable by you. 8. All Intellectual Property Rights (as defined below) used by a Third Party Project for the purposes of any Launchpad Activity (including without limitation, for the launch of their Digital Assets) are deemed to be properly owned or licensed by the relevant Third Party Project (the “Third Party Project IPR”). The relevant Third Party Project shall be solely responsible for all matters relating to the Third Party Project IPR (including without limitation, any dispute, issue or claim of infringement raised by a User or a third party in respect of the Third Party Project IPR). Any dispute, issue or claim of infringement relating to the Intellectual Property Rights used by a Third Party Project for the purposes of any Launchpad Activity should be brought to and resolved by the relevant Third Party Project directly. 12. **Restrictions on Use of Platform and Features** 1. Restrictions. The Company may suspend or revoke your license to use the Platform or any Services or Content made available thereon 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: 1. 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 Platform or the Services (or any Content made available thereon) 2. Prohibited Commercial Uses: Exploit or use in a manner for commercial purposes, in its entirety or individual components, the Platform (or any Content made available thereon) for any purpose not expressly authorized by the Company, including, without limitation (i) accessing and using the Platform at commercial establishments; (ii) using the Platform to advertise, market, provide or sell any third-party product or service; (iii) performing in-Platform 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 (by text, through the Social Features or otherwise) any commercial advertisement, solicitation or offer through or within the Platform or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, activities within the Platform, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization. 3. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist with any of the following activities: 1. 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 Service or Content in a manner that is unintended by the Company, including exploits of any bugs in any Service or Content in the Platform, and thereby granting you and/or any other User an undue and unfair advantage over other Users not using such methods; 2. bots; i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of your User Account or any Service or Content of the Platform; 3. hacks; i.e. accessing or modifying the software of the Platform (or any Service or Content made available therein) in any manner not expressly authorized by the Company; and/or 4. any code and/or software, not expressly authorized by the Company, that can be used in connection with the Platform, any Service, any Content and/or any component or part thereof which changes and/or facilitates the feature or functionality of the same; 4. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform (or any Service or Content made available therein); provided, however, that the Company may, at its sole and absolute discretion, allow the use of certain third-party user interfaces. 5. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform (or any Service or Content made available therein) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform (or any Service or Content made available therein); and (ii) any connection using third-party programs or tools not expressly authorized by the Company. 6. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform (or any Service or Content made available therein) or component thereof, or your rights to the Platform (or any Service or Content made available therein) to any other party in any way not expressly authorized herein. 7. Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the social experience for other Users, or disrupt the operation of the Company’s Platform (or any Service or Content made available therein) in any way, including: 1. Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Platform (or any Service or Content made available therein) or interfering with, disrupting, negatively affecting or inhibiting other Users from enjoying the Platform or any Service or Content made available therein, or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Platform, Service or Content made available therein. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. 2. Harassment, “griefing,” abusive behaviour or chat, conduct intended to unreasonably undermine or disrupt the Platform experiences of others, and/or any other activity which violates these Terms. 3. 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 Platform. 8. Violation of Laws: Access or Use the Platform or any Service or Content provided therein 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). 9. Violation of Polices: Access or Use the Platform or any Service or Content provided therein to violate or attempt to violate any policies of the Company. 10. Violation of Proprietary Rights: Use the Platform or Services in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights. 11. Impersonation. Use the Platform, Services or any content that involves falsehoods, misrepresentations, or misleading statements, including impersonating someone. 12. Circumvention of Security. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Platform, or any Service or Content. 13. VPN. Disguise your location through IP proxying, VPN or other methods. 14. Circumvention of Content Filtering. Circumvent any content-filtering techniques, security measures or access controls employed on the Platform or any Service or Content) in any manner. 15. Illegal, Unfair or Manipulative Trading Practices. Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities in any Digital Asset, or taking undue or unfair advantage over other Users, including without limitation: 1. trading at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity, unduly or improperly influencing market prices or establishing a price which does not reflect the true state of the market; 2. trading without changes in material beneficial ownership for the purpose of creating or inducing a false or misleading appearance of trading activity or creating or inducing a false or misleading appearance with respect to market conditions; 3. participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing market prices; 4. transacting in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions, in each case, if such transactions do not comply with all laws, rules and regulations applicable to the parties and assets engaged therein; or 5. engaging in token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiative, including ICOs, DAICOs, IEOs, or other token-based fundraising events; 6. taking advantage of any arbitrage between the Platform and other platforms or service providers; 7. engage in any money laundering, terrorist financing, or other illegal activities; and 16. Encourage or enable any other individual to do any of the foregoing. 2. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). 3. Without limiting the foregoing, you may not use the Platform or any Service or any Content if: 1. a citizen of, or located in or ordinarily resident in any of the Prohibited Jurisdictions as defined below; or 2. you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial or other sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial or other sanctions regime; or 3. you intend to supply the Platform or any Service or any Content to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial or other sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial or other sanctions regime. 4. A “Prohibited Jurisdiction” refers to any of the following: 1. Iran; 2. North Korea; 3. Russia; 4. Certain regions of Ukraine including Crimea, Sevastopol and the areas of Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts not controlled by the Ukrainian government; 5. Cuba; 6. Yemen; 7. Sudan; 8. South Sudan; 9. Libya; 10. Lebanon; 11. Syria. 5. In addition to the geographical restrictions in Sections 4(C) and 4(D) above, we reserve the right to refuse customers from any other country (collectively, “Restricted Jurisdictions”). 6. Particular Services and Content may also not be available in certain countries due to regulatory, licensing and local restrictions. 7. We may deploy technological solutions (such as geo-blocking) to prevent persons located in Restricted Jurisdictions from registering an account and/or otherwise being able to access, or to use, the Platform or Services. You acknowledge and agree that we will not be responsible to you for, and that you will indemnify and hold us harmless for and in relation to, any losses suffered by you as a result of your attempting to access the Platform or Services from within a Restricted Jurisdiction, including by way of any means designed to circumvent any controls or technological solutions that we may have in place from time to time, and which are intended to prevent or limit such access. You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, examination of your device properties, detection of geo-location and IP masking, transactions and blockchain analysis. 8. By accessing the Platform (or any Service or Content found thereon), and entering into this agreement, you confirm that you are not located in a Restricted Jurisdiction or a jurisdiction in which it is illegal to use the Platform (or any Service or Content found thereon). 9. We reserve the right to terminate or limit any person’s User status or access to or use of the Platform at any time, with or without notice, as determined in our sole and absolute discretion. Such terminations and limitations may be based on any factor or combination of factors, including a person’s identity, blockchain address, IP address, internet service provider, virtual provider network provider, metadata, browser software, device type, wallet application, wallet device, region of citizenship or residence or current location, or suspicion that User has engaged or intends to engage in any of the restrictions set out above.
13. **Payment, Gas Fees and Taxes** 1. You may be charged fees or charges to access or use some of the Services on the Platform, including fees without limitation: 1. such fees for the utilisation of the Platform (the “Platform Fee”) on all transactions made on or via the Platform (each a “Platform Transaction”). We reserve the right to change or revise the Platform Fee at any time, and any changes or revisions to the Platform Fee will be published on the website and/or be updated within these Terms. It is your responsibility to take note of any changes or revisions to the Platform Fee, and any Platform Transaction conducted by you after the Platform Fee is revised shall constitute your acceptance of such revised Platform Fee; and 2. gas fees or transaction fees charged on the deposit, withdrawal, conversion, swaps or other transactions relating to the Digital Assets carried out via any Services or other fees or charges imposed by Third Party Providers when you use their Dapps (“Third Party Fees”). Where applicable, gas fees are paid to the third parties and/or network of computers that operate the blockchain and/or process the transactions and are not paid to us. Kindly note that such Third Party 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. 2. By using the Services, you agree to pay any such fees or charges (including the Platform Fee and the Third Party Fees) imposed for the use of such Services. 3. Although the Company or the Third Party Provider endeavours to provide an accurate estimate of the final quote, any such information only represents an estimation of the applicable fees or charges (such as the Platform Fee and/or the Third Party Fees), which may vary from the fees or charges actually paid to use the relevant Service and/or interact with the relevant blockchain or any other network with which the relevant Service and the Platform are compatible. 4. Any transactions or payments made through any Service via the Platform will be processed through the blockchain or such other payment gateway or process as may be determined by us or by the relevant Third Party Provider (collectively, the “Payment Process”). We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions made via the Payment Process. You acknowledge that we have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions you made via any Service, including, but not limited to, instances where your payment was not properly processed on the Payment Process or where payment was erroneously made to an unintended recipient. It is solely your responsibility to confirm that your payment for any Platform Transaction has been processed and completed successfully. We do not provide refunds for any fees, payments or Platform Transactions that you might make on or through the Platform. 5. All amounts payable by you under these Terms will be paid to us without set-off or counterclaim, and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we use commercially reasonable efforts to communicate updated fees and charges through our Platform, or other public channels. We may increase or add new fees and charges for any existing Services you are using by using commercially reasonable efforts to notify Users through our Platform, or other public channels. 6. You are solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of the Platform (collectively, the “Taxes”). You will pay or reimburse us for all Taxes of any jurisdiction (whether national, federal, state, local, foreign or other), including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, federal, state, local, foreign or other taxing jurisdiction; and will not be entitled to deduct the amount of any such Taxes or amounts levied in lieu thereof from payments (including gas fees) made to us pursuant to these Terms. 14. **Ownership of Intellectual Property** 1. The Platform and the Services and Content contained therein, 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 Platform 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 Terms. Nothing in these 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 Terms. You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any part of the Platform. You may not do anything that infringes, violates or misappropriates the exclusive rights belonging to us. 2. Under these 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 Platform, including the “Kaito”, “Kaito Earn”, “Yapper”, “Yapper Feeds”, “Yapper Leaderboard”, and “Yaps” names or products or service developed by us. 3. The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Platform 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 Platform, the Kaito Trademarks or the Company. 4. You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including, without limitation, about how to improve the Platform, the Services or any Content through the email address provided at the end of these Terms or support channels within the Platform (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. 15. **Third-Party Providers And Services** 1. The Platform and any Services made available thereon may contain software or services provided by or links to third-party services (“Third-Party Content”). We make no warranties or representations, express or implied, in respect of the availability, functionality or content of such Third-Party Content, and you agree that the Company 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. 2. When you use the Platform and any Service and any Content made available thereon, you may also be using the functionality, application, software or service of one or more Third Party Providers. For example, the operation of the perp / defi trading features relies on smart contracts, blockchains, and computer infrastructure operated by third persons. Your use of those and other third-party functionality, application, software or service (each a "Third-Party Service") will be subject to the privacy policies, terms of service or terms of use and similar policies and terms, and fees of those Third Party Providers. 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 Content or any Third-Party Service that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third-Party Content or to use a Third-Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third-Party Content and Third-Party Service at any time without notice. 3. The Platform and any Service and any Content made available thereon may contain links to Third-Party Services (including, without limitation, Dapps), and may leverage or plug into such Third-Party Services to enable certain features. When using a Dapp or other Third-Party Service, you understand that you are at no time transferring your Digital Assets or private keys to us. We provide the Platform (and the Service and/or Content made available thereon) and access to Third-Party Services only as a convenience, and we do not have control over their content, and we do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or functionality made accessible via the Platform or by those Third Party Providers (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about the Platform (including any Content or Service made available thereon) or such linked Third-Party Services, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of the Platform and any Service and any Content made available thereon including any third-party website, applications, or resources. When you click such link, we may not warn you that you have left our Platform. 4. 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. 16. Data Protection and Privacy. 1. In the course of your access and/or use of the Platform or any Service, 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](https://docs.kaito.ai/legal/privacy-policy). 17. Limited Warranty and Disclaimer. 1. GENERAL: 1. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PLATFORM AND ANY SERVICE AND ANY CONTENT (INCLUDING ANY GENERATED RESULTS) MADE AVAILABLE THEREON 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. 2. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON 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) THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (B) THE USE OR THE INABILITY TO USE THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (E) ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; (F) HUMAN ERRORS; (G) TECHNICAL MALFUNCTIONS; (H) FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; (I) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; (J) INABILITY TO FULLY ACCESS THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON OR ANY OTHER WEBSITE; (K) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; (L) TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR (M) ANY OTHER MATTER RELATING TO THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. 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. 3. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE ACCURATE, (IV) THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE SECURE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE OR WILFUL MISCONDUCT. 4. 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 PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. 2. DIGITAL ASSETS RELATED DISCLAIMERS 1. The Company and the Platform and the Services could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Platform, the Services, decentralised protocols or networks or other applicable blockchain. The Company, the Platform and the Services are not registered or licensed by any governmental or regulatory authority or agency. No such governmental or regulatory authority or agency has reviewed or approved the Company, the Platform and the Services provided thereunder. 2. You acknowledge and agree that blockchain and decentralized technologies are an emerging technology and progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, Digital Assets, the Platform, and the Services which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Platform and any of the Services you acknowledge and agree to undertake these risks. 3. You acknowledge and agree that such Digital Assets, blockchain technologies and associated assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the relevant protocol or network or other applicable blockchain. The Company does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any Digital Asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of Digital Assets; the Company does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that the Company cannot be held liable for changes and fluctuations in value or increased costs. 4. The Company is a developer and provider of software. The Company is not a broker, fund management agency, fund manager, financial institution nor is it a dealer or arranger, nor does it operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning the transactions you choose to conduct via the Services. All transactions between Users are executed and conducted directly on the Third Party Service via any relevant protocol or network (or other network) addresses through smart contracts. You are responsible for complying with all laws that may be applicable to or govern your use of the Services, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. CFTC, the federal securities laws and the regulations promulgated thereunder by the U.S. SEC, the Securities and Futures Act and the Payment Services Act overseen by the Monetary Authority of Singapore and all foreign laws that apply to you and your use of such Services. 5. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet. You accept and acknowledge that the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, the Services, any relevant protocol or network or other applicable blockchain for processing transactions, however caused. 6. You acknowledge and agree that the Platform, and the Services and Contents made available thereon (including any artificial intelligence technologies, and Generated Results) are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Platform and/or the Services and Content made available thereon and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Platform. Like all software, the Platform and the Services may be subject to exploits. The Company is not and will not be responsible for exploits of any kind. While the Company has taken a number of precautions to maintain the security of the Platform and the Services respectively, this is a nascent technology and it is not possible to guarantee that the software codes or any smart contracts are completely free from vulnerabilities, bugs or errors. You accept all risks that arise from using the Platform and the Services, including, and not limited to, the risk of inaccurate, incomplete or flawed Generated Results, the risk of any funds being lost due to a failure or exploit of the Platform or any of the Services. You further expressly acknowledge and agree that the Digital Assets, and any relevant protocol or network applications or other blockchain applications can be written maliciously or negligently, that the Company cannot be held liable for your interaction with such Digital Assets applications and that such applications may cause the loss of property or even identity. This warning and others later provided by the Company in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Platform or any Service or Content made available thereon. 7. Any and all information provided in connection with your access and use of the Platform (or any Service or Content made available thereon), including without limitation any Generated Results and User Content, should not and may not be construed as legal, tax, investment, financial, professional or other advice. You should not take, and should refrain from taking, any action based on any information contained on the Platform (or any Service or Content made available thereon), or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving the Platform (or any Service or Content made available thereon) or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy). 8. The following risks are associated with Digital Assets, the Platform, the Services and blockchain based technologies in general: the risk of losing private keys, theft resulting from third parties discovering your private key, value fluctuation of Digital Assets on the secondary market, disruptions to any applicable protocol or network caused by network congestion, lack of usability of, or loss of value with respect to, digital assets due to a hard fork or other disruption to the to any applicable protocol or network, or errors, bugs, or vulnerabilities in the smart contract code associated with a given Digital Asset or transactions involving Digital Assets. 9. Upgrades, forks or changes to the blockchain or a change in how transactions are confirmed on the blockchain may have unintended, adverse effects. In the event of a change to an underlying blockchain network, or other network disruption, resulting in a fork of the existing blockchain into one (or more) additional blockchains, the Platform and the Services may not halt and stop functioning. In addition, in the event of a fork, transactions on the network may be disrupted, including transactions involving the Platform and the Services. 10. Other counterparty risks. Apart from situations where another User is the Counterparty, the use of the Platform may include other counterparty related risks including without limitation, if a market maker or liquidity provider faces issues which could result in slippage or an inability to execute trades; failures by or disputes with payment processors which may delay deposit and withdrawal transactions; borrowers defaulting on their repayment obligations which may delay the redemption of deposits from certain products. In such other exceptional circumstances, your Digital Asset holdings and your ability to transact or deal with your Digital Asset holdings, may be adversely affected which may result in a range of outcomes including, without limitation, transactions not completing as expected, trading costs being irrecoverable, loss of profits, inability to acquire or dispose of assets at the desired time or price. 11. The Digital Asset industry is subject to systemic and systematic risk. Systemic and systematic risks are both threats to the Digital Asset markets and economy, but the cause of these risks and the approaches for managing them are different. Systemic risk is the risk that a company or industry-level risk could trigger a major collapse. Systematic risk is the risk inherent to the entire market, which can be economic, sociopolitical, technological, or natural in origin. These risks can affect the prices of Digital Assets.
18. **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 use of, or inability to access or use, the Platform or Services. The Company liability shall never exceed the total Platform Fees paid by you to the Company during the six (6) months prior to your making a claim against the Company, or USD$100, whichever is lower, 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.
19. **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 or your misuse of the Platform or Services.
20. **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. 21. **Amendments and Variations.** 1. Alterations to the Terms. 1. The Company’s Rights. The Company may create updated versions of these Terms (each a “New Terms”) as its business and the law evolves. 2. New Terms. These 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 Platform all Services. Your continued use of the Platform or the Services after the Company has published any New Terms constitutes acceptance by you of the New Terms. 22. **Term and Termination.** 1. Term. These Terms are effective upon your first access and use of the Platform, 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 Platform. 2. Termination 1. The Company reserves the right to terminate these Terms 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 Platform due to your non-compliance prior to terminating these Terms. 2. 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 Platform (for example, a browser extension). In addition, you will not be able to use the Platform. The Dispute Resolution provisions of these Terms will survive termination and apply to all Disputes that arose or could have been initiated prior to termination. 23. **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 1. 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 Platform (including any Service or Content made available thereon), and all marketing related to them, any licensed content, and all matters arising under these Terms, the Company’s [Privacy Policy](https://docs.kaito.ai/legal/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 Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. 2. INFORMAL NEGOTIATION PERIOD. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Terms, you and the Company agree to first attempt to negotiate any Dispute (except as set out in Section 15.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. 1. 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. 2. You will send your notice to the Company at 3. 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. 1. 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 Panama at the Arbitration and Settlement Centre of Panama (“CECAP”) in accordance with the Arbitration Rules of the CECAP 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 CECAP. 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. 2. 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 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. 4. 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 Terms other than the class action waiver is found illegal or unenforceable, such portion shall be severed and the remainder of these Terms shall be given full force and effect. Any Dispute subject to any such portion of these Terms shall be decided by the arbitrator. 5. GOVERNING LAW. Unless these Terms include express language to the contrary, all Disputes shall be governed by and construed under the laws of Panama 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. 6. 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: 1. any Dispute seeking to enforce or protect, or concerning the validity of, any of the Company’s intellectual property rights; 2. any Dispute related to, or arising from, claims that the other party has committed piracy; 3. 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; 4. enforcement actions pursued through a governmental agency if permitted by applicable law; 5. 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 Terms. 16. **Data Analytics.** We may collect information from our users through the Platform in order to better understand their needs and usage patterns, which can be used to inform future improvements to the Platform and provide a more personalized experience. Information being collected may include, without limitation, the following: • Users, pageviews, sessions • Source (e.g. google, social, direct) • Time spent on site • Users info (country, browser language)
17. **General.** 1. You understand and agree that the Platform may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to any sanctions or export restrictions (including without limitation, U.S. or UN imposed sanctions or export restrictions) and otherwise are eligible to utilize the Platform under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive sanctions/embargo (including without limitation, U.S. or UN imposed sanctions or embargoes), unless your use of the Platform in such country or region is authorized by applicable law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. or UN sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. or UN imposed based sanctions/embargo; and (4) will not use the Platform in connection with an end-use prohibited by applicable law. 2. The Company may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without the Company’s prior written consent. Your assignment of these Terms without the Company’s prior written consent shall be void. 3. The Company’s failure to enforce a provision of these Terms shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, the Company’s may choose to waive enforcement of a provision of these Terms in a particular instance; however, you are still obligated to comply with that waived provision in the future. 4. Notices. 1. If to the Company: 2. If to You. All notices given by the Company under these Terms shall be given to you either through written notice, email, or website blog post. 5. The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 6. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect. 7. These Terms, along with the Company’s other applicable agreements located at , constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. 8. Any provisions of these Terms that by its construction are intended to survive the termination of such Terms shall survive. This includes, without limitations, Sections 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15 and 17. # Terms of Use - Studio ## TERMS OF USE **Last Updated:** 6 March, 2026 Welcome to Kaito Studio's website and platform (the "Platform") and the suite of features, services and applications made available thereon (collectively, the "Services"), provided and operated by OpenKaito Corporation (the "Company", "we", "our" or "us"). These Terms of Use (the "Terms") govern your access to and use of the Company's Platform and Services and constitute a legally binding agreement between (i) us and you, and/or (ii) if you are representing an entity, the entity that you are representing (hereinafter referred to as "you" or "your"). By accessing and/or using the Platform and any of the Services, you agree to be bound by these Terms and our Privacy Policy which collectively represent the complete agreement between you and us in respect of our Platform and Services and shall supersede any prior agreements between us, whether written or oral. We can modify these Terms at any time. THESE TERMS CONTAIN 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. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR PLATFORM OR ANY OF THE SERVICES. *** ### 1. Eligible Users Kaito Studio is a data-driven creator marketplace where users (each a "Creator") can register to access and use the Platform to connect with projects seeking for the creation of specific content (the "Participating Brands"). By accessing and/or using the Platform and any of the Services, you must be and hereby affirm that you ("Basic Eligibility"): (a) are not prohibited or restricted from accessing the Platform or using the Services available on the Platform by any laws or regulations applicable to you; (b) 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 use the Application; and (c) are not: > (i) a citizen of, or located in or ordinarily resident in any of the Restricted Jurisdictions (defined below); or > (ii) 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. In addition, if you are accessing and/or using the Platform and any of the Services as a Creator, you hereby affirm that you: (a) have duly completed the onboarding and verification processes as may be imposed from time to time; and (b) are not accessing, using, or assigning the operation or benefit of your use of the Platform to, or on behalf of, any third-parties. *** ### 2. Access and Use of the Platform; Onboarding and Submission Process of Content The Platform utilizes various technologies to enable you or other users of the Platform (each a "User") to perform the following activities through the Platform: (a) as a Creator, view campaign information of Participating Brands (including without limitation, the requirements, direction, requests, tasks and/or other such information provided or posted by the relevant Participating Brands) ("Campaign Information"), submit reward quotes, enter into engagements with Participating Brands, and receive rewards, incentives or payments (collectively, "Rewards") for your content, posts, input, content or other services or work provided by you ("Creator Content"), subject to your eligibility as determined by the Company and/or the Participating Brands; (b) create, link, connect, access and/or utilise a self-custodial digital wallet (whether provided by the Company or by a third-party provider) to or with the Platform (a "Digital Wallet"); (c) store locally on your own Digital Wallet(s), tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets"); (d) view and track aggregated information and data relating to Digital Assets; (e) view information relating to your activity and transactions on the Platform ("Progress Tracking"); and (f) such other features and functionalities that may be added to the Platform from time to time. More details on the Services provided through the Platform can be found in Section 3 below. #### 2.1 Creator Eligibility Notwithstanding that you may have met the Basic Eligibility, the Company reserves the right to determine your eligibility to sign up as a Creator based on factors set by the Company (including without limitation, follower count, social media reach and impression count). The Company is not obliged to disclose any reason, provide any explanation, or consider any appeals in relation to your ineligibility or inability to sign up as a Creator. #### 2.2 Reward Quotes and Terms As an eligible Creator, you will be able to view Campaign Information on our Platform which may include details such as the application and campaign timelines, objective of the campaign, reward structure, requirements, requests, branding or content guidelines ("Brand Guidelines"), and performance tracking. If you are interested to participate in any specific campaign, you may submit a price quote for your Creator Content that is within the Participating Brand's offer ("Reward Quote"). Additionally, upon acceptance of your Reward Quote by a Participating Brand, you will be required to enter into a separate agreement with the Participating Brand in order to participate and engage with that Participating Brand. You acknowledge that: (i) once your Reward Quote is submitted on the Platform, you will not be allowed to modify it; and (ii) the submission of a Reward Quote does not suggest or equate to your automatic eligibility to participate in the campaign and/or to receive any Rewards in connection thereto. If your application to participate in a specific campaign is approved by the Company and/or the Participating Brand, you may proceed to submit the URL of your Creator Content for review by the Company. Notwithstanding any other terms to the contrary, you acknowledge that: (a) In determining your eligibility to participate in a specific campaign, the Company and/or the Participating Brands may impose certain pre-conditions or restrictive criteria in their discretion, such as limiting participation to Creators who are active members of certain communities, verified holders of certain NFTs, or with a track record of posting on certain topics. (b) The Participating Brands may limit the number of Creators that may participate in their campaigns or set a budget for the allocated Rewards. (c) You may not be selected to participate in a specific campaign even if you have submitted your Reward Quote on the Platform, the Participating Brands select the Creators they wish to work with or engage at their sole and absolute discretion, and the Company and the Platform has no control over the selection process. For Creators who have been selected to participate in a specific campaign, you further acknowledge that: (d) Your engagement and contract will be directly between you and the Participating Brand, and you transact with each Participating Brand solely at your own risk. Upon selection by a Participating Brand and that Participating Brand's acceptance of your Reward Quote, you are entering into a direct transaction and contractual relationship with the relevant Participating Brand, and that Participating Brand (and not the Company) is solely responsible for the resolution of any dispute or issue relating to your engagement with the Participating Brand. (e) All disputes and issues relating to any engagement with a Participating Brand will need to be resolved directly between you and the relevant Participating Brand, and the Company and the Platform shall not be responsible or liable for any disputes or issues between you and the relevant Participating Brand (including the resolution of the same). The Company may (but is not obligated to) assist in the resolution of any disputes or issues between you and the relevant Participating Brand but such assistance shall not be deemed as an assumption or recognition of responsibility by the Company. (f) The submission of your Content on the Platform does not suggest or equate to your automatic eligibility to the Rewards. This is subject to such verification process that may be imposed or conducted by the Platform or the Participating Brand that determines whether your Creator Content is in line with guidelines, the requirements by the Participating Brands, and such other factors as may be imposed from time to time. (g) If you fail to submit your Creator Content (whether one post or more) in accordance with the timeline as made known to you on the Platform, you will not be entitled to receive any Rewards and you may be restricted from participating in any other campaigns for thirty (30) days or such other period as made known to you by the Company or on the Platform. (h) If, at any time during the campaign period, your Creator Content is materially edited, or deleted or removed from the specific social media platform that it was posted from, you may not be eligible for any Rewards. (i) If you do not meet the total number of posts as required for a campaign, you will not be eligible for the full amount of Rewards. (j) The Platform reserves the right to charge a fee on the Rewards distributed to each eligible Creator for each campaign, automatically deducted at the time of settlement unless otherwise specified in writing. This fee may be charged or changed at any time at our discretion without notice to you. #### 2.3 Account Security To access and use the Platform and some of the Services, as well as to receive your Rewards, you may be required to create, link and/or connect your Digital Wallet and/or your social media account(s), or create and log in with an account on the Platform (each a "User Account"). Certain parts of the Platform may require you to complete and satisfy certain on-boarding verifications or know-your-client ("KYC") checks, additional access credentials or other specific conditions in order to access or use the Platform. If you do not satisfy such KYC or verification checks, we reserve the right to refrain from distributing any Rewards to you. Access and use of the Platform via a User Account, as well as your receipt of any Rewards, are subject to the following terms and conditions: (a) When you register an account with your email address and/or your social media account(s), your use of your email address and/or your social media profile is at your own risk, and subject to the relevant email and/or social media service provider's terms and conditions. (b) The Company may reject an application to create a User Account, suspend access to an existing User Account, or close a User Account, for any reason under its sole discretion. (c) You are solely responsible for all activities conducted through your User Account whether or not you authorize the activity. In the event that fraud, illegality or other conduct that violates these Terms is discovered or reported (whether by you or someone else) that is connected with your User Account, the Company may suspend or block your User Account's access to the Platform, whether for a period of time or indefinitely. (d) You are solely responsible for maintaining the confidentiality and security of your User Account and for restricting access to your User Account and/or devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your access credentials (for example, passwords or biometrics) or from any person's use of your access credentials to gain access to your User Account. You acknowledge that in the event of any unauthorized use of or access to your User Account, access credential or other breach of security, you accept that due to the nature of the Platform, the Company will be unable to remedy any issues that arise, and the Company will not be responsible or liable for the same. (e) The Company will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part. (f) The Company will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your account. #### 2.4 Grant of License If you accept and comply with these Terms, the Company will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to access and use the Platform subject to the "Restrictions," set forth in Section 4 below, as follows: (a) You may access and use applicable Services available on the Platform on one or more computers or mobile devices under your authorized control. (b) You may use the Platform for your personal and non-commercial purposes only. (c) You may not transfer your rights and obligations to use the Platform. (d) Some Services of the Platform are provided, managed or operated by third party suppliers, partners or licensors of the Platform ("Third Party Providers") and may be subject to specific requirements or terms and conditions imposed by such Third Party Providers. Please refer to Section 7 below for more information. #### 2.5 Open Source Components The Platform may contain components that are subject to open-source licenses ("OSS Components"). Your access and use of these OSS Components shall be subject to the applicable open-source licenses that apply to and govern such OSS Components. #### 2.6 Acknowledgements and Disclaimers You acknowledge and understand that: (a) **Features and Services.** The Company offers a number of Services which can be generally accessed through the Platform. Some of the Services may require you to create an account or connect a Digital Wallet and/or a social media account, and may require payment or a subscription to use. Further details of each of the Services, and the terms and conditions applicable to such Services, are provided on the Platform and in these Terms. Your access and use of each of these Services are solely at your own risk, and subject to the applicable terms and conditions for the relevant Service. (b) **Use of Social Media Accounts.** To access our Platform and/or Services, you may be required to connect your own social media accounts. We are not responsible liable in any way for your social media accounts, including your loss of access and personal information contained therein. You are solely responsible for the retention and security of your personal information and security credentials. (c) **Use of Digital Wallets.** To access our Platform and/or Services, and to receive any Rewards, you may be required to create a Digital Wallet or connect your own third-party Digital Wallet. We are not responsible or liable for your Digital Wallet or funds held therein, including your access and use thereof. You are solely responsible for the retention and security of your private keys or other security credentials in connection with your Digital Wallet. We shall not be liable in any way for any loss of your funds due to your failure to retain and/or secure your Digital Wallet, or to provide the correct Digital Wallet address. (d) **Digital Assets Risk Disclaimer.** You acknowledge and agree that there are inherent risks in your use of the Platform and the Services, including any smart contract or security breaches, fluctuations in the value of your Digital Assets, risks of liquidation or counterparty risks, any communication failures, disruptions, errors, distortions or delays, the risk of hardware, software and Internet connections failure or problems, or malicious software introduction, or the risk that third parties may obtain unauthorized access to your information or Digital Wallet, which may result in the loss of your Digital Assets or access to the Platform and/or Services. By using the Platform and/or Services, you acknowledge and agree to undertake these risks, and you accept that we shall not be liable for any losses or damages arising from or in connection with such risks. (e) **Campaign Information.** All Campaign Information is provided solely by the Participating Brand and not the Company. The Company does not have any control or responsibility over the Campaign Information, and you rely on such Campaign Information at your own risk. The Company and the Platform shall not be responsible for any error, defect, inaccuracy or incompleteness of any Campaign Information made available on the Platform. (f) **No Reliance on Information.** Any information provided or made available on our Platform and/or Services shall not be considered or construed as financial advice, investment advice, tax advice, legal advice, or any other sort of advice. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, correctness or completeness of such information and is provided only for general informative purposes, and no reliance should be placed on it. The Company shall not be responsible or liable to you for any use of, or reliance placed on, any available or provided information. We are not, and shall not be deemed as or treated as a financial institution, centralised exchange or trading platform, broker or fund management platform. (g) **No Fiduciary Relationship.** The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy). (h) **Compliance Checks.** We may be required by anti-money laundering or other forms of regulations, and as part of our internal policies, to make age verification checks, background checks or verification checks on the source of any funds placed on deposit by our customers. In the event that our background or verification checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your access to and use of the Platform or any Services should we be unable to satisfy ourselves that in respect of any background or verification checks. (i) **Legal and Regulatory Compliance.** You are responsible for complying with all laws that may be applicable to or govern your use of the Platform and/or Services, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission ("CFTC"), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission ("SEC"), the Securities and Futures Act and the Payment Services Act overseen by the Monetary Authority of Singapore and all foreign laws that apply to you and your use of such Services. You shall not access or use our Platform or Services if it would be illegal, or a violation of any applicable laws or regulations, to do so within your jurisdiction. (j) **Security.** You are solely responsible for properly configuring and using the Platform and the Services and otherwise taking appropriate action to secure, protect, and backup your User Accounts and Digital Wallet and/or your Content in a manner that will provide appropriate security and protection, which might include use of encryption. If you are not able to be responsible for your own account security, or do not want such an obligation, then you should not access or use the Platform and the Services. Your obligations under these Terms include ensuring any available software updates or upgrades to the Platform and/or the Services you are using are promptly installed or implemented, and recording and securely maintaining any access credentials or passwords that relate to your use of the Platform and the Services. #### 2.7 Management of Platform We reserve the right to take the following actions in the course of managing the Platform: (a) We may review any suspected or alleged misuse, abuse, or unlawful use of the Platform and cooperate with law enforcement agencies in such reviews. (b) We may disclose any information or records in our possession or control about your use of the Platform to third parties in keeping with our Privacy Policy. (c) Other than Creator Content which is owned by or licensed to Creators, we and/or our licensors own all rights in and to the Platform and its entire contents. (d) We are the sole owners of any and all anonymised data relating to your use of the Platform and we can use that data for any purpose permitted by law. (e) We may choose how we communicate with you, including by emails and messages posted to your User Account. #### 2.8 User Warranties Prior to your use of the Platform and on an ongoing basis, by using the Platform, or any of the Services (including without limitation, any of the informational and social content made available thereon (collectively, the "Content")), you represent, warrant and covenant that: (a) You will not provide any false, inaccurate, incomplete or misleading information while using the Platform, or any Service or Content available thereon, or engage in any activity that operates to defraud the Company, other Users, or any other person or entity; (b) You will not use the Platform or any Service to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion; (c) Any Digital Assets you use in connection with the Platform or any Service are either owned by you or you are validly authorized to carry out actions using such assets; (d) You access and use the Platform (including any Service or Content available therein) for your own benefit and not for the benefit or on behalf of any third party beneficiary; (e) There is a risk of losing your Digital Assets (including without limitation, your funds and cryptocurrency) when using the Platform and/or any Service and that we have no responsibility to you for any such loss; (f) You will not utilise or deposit funds or assets, which originate from criminal or other unauthorised, illegal or illicit activity; (g) You will not utilise or deposit funds or assets, using payment methods that do not belong to you; (h) You accept and acknowledge that the value of your Digital Assets (including any cryptocurrency) can change dramatically depending on the market value, market conditions or any reason whatsoever and you bear the sole risk of such fluctuations; (i) We are not, and shall not be deemed as or treated as a financial institution, centralised exchange or trading platform, broker or fund management platform; (j) We may be required by anti-money laundering regulations, and as part of our internal policies, to make background or verification checks on the source of any funds placed on deposit by our customers. In the event that our background or verification checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your access to and use of the Platform, any Service, or to your Digital Assets (including cryptocurrency and funds deposited via on our Platform should we be unable to satisfy ourselves that your source of funds is legitimate; (k) You will not, and will not attempt to, authorize anyone other than you to access the Platform and any of the Services through your Digital Wallet or User Account; (l) You will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Platform and/or the Services or otherwise act in a manner that may negatively affect other users' experience when using the Platform and Services. This includes taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the Platform and the Services; (m) You are sophisticated in using and evaluating blockchain technologies and related blockchain-based Digital Assets, including the blockchain networks, smart contract systems, automated market making protocols, derivative and margin trading, perpetual future contracts, P2P trading and related settlement pools, liquidity pool pricing bonding curves, the concept of pricing slippage, the mechanism of liquidity attribution and the potential of value loss for liquidity providers due to liquidity attribution and dynamic pricing across different liquidity pools. Specifically, you represent and warrant that you have evaluated and understand the use of the Platform and the Services and have not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of the Company with respect to the Platform and the Services; and (n) You accept and acknowledge all risks associated with the use or access of the Platform or any Services made available thereon, including but not limited to the risks set out in these Terms. #### 2.9 Circumstances in Which We May Suspend or Delete Your User Account, or Pause and/or Withhold Rewards We may suspend or delete your User Account without cause by giving you written notice at any time. At any time, without warning or notice and for as long as is necessary to review the relevant facts, we may: (i) suspend or delete your User Account; (ii) pause and withhold any Rewards due to Creators which would have been deducted or due during the suspension period; and/or (iii) suspend, refund, or cancel such Rewards if: (a) we think you have or may have breached the Terms of Use; (b) we suspect that the email address and/or social media accounts that you have connected to your Account do not belong to you; (c) we suspect that all or any part of the Rewards result from unlawful or fraudulent activity; or (d) we suspect that any activity associated with your Account or your content involves or has been artificially generated, manipulated, or amplified with the use of bots, scripts or other AI tools. If, based on our review of the relevant facts, we determine that any of the above is true, we may: (i) delete your account; (ii) treat any part of the Rewards due to you as forfeited; and/or (iii) refund or cancel such Rewards. We will notify you when we take any such action. If you do not dispute our decision within six (6) months of notification, you waive the right to dispute the decision. You may dispute any such forfeiture decision by contacting us at . #### 2.10 Changes We may change, add to, modify, remove, suspend, or discontinue any aspect of the Platform and/or Services at any time, and without prior notice or liability to you. We may also impose limits on certain features or restrict your access to parts or all of the Platform or any Services made available thereon without notice or liability. *** ### 3. Overview of Services and Features Available on the Platform #### 3.1 Service Availability The Services are provided on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, operation and any particular application or use. You acknowledge and agree that we may, in our sole discretion, apply changes, replace or discontinue (temporarily or permanently) any part of the Services at any time. We reserve the right to disable or modify access to the Services at any time in the event of a breach of the Terms, including, if we reasonably believe any of your representations and warranties may be untrue, misleading or inaccurate, and the Company will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Services being inaccessible to you at any time or for any reason. #### 3.2 Advertising The Platform may incorporate third-party technology that enables advertising on the Platform. As part of this process, the Company and/or its authorized third party advertisers may collect standard information that is sent when your personal computer or device connects to the Internet including your Internet protocol (IP) address. #### 3.3 Conduct You shall ensure that your actions, conduct and behaviour in your use of the Platform comply with and abide by all the rules and guidelines imposed by the Company and/or its Third Party Providers. The Company may suspend or block your access to the Platform and/or any Services, whether for a period of time or indefinitely, in the event that you violate or fail to comply with any of such rules and guidelines. For the avoidance of doubt, although we may suspend or block your access or use of the Platform and Services, we will not block or prevent you from accessing your Digital Wallet or the Digital Assets stored thereon, unless legally required to do so by any applicable laws or regulatory, court or governmental order. #### 3.4 Identity Disclosure The details obtained from by the Platform from your connected or linked social media profile may contain details of your real and actual identity. You are solely responsible for the protection of your real and actual identity within the Platform, and any disclosure of your real and actual identity to any other user within the Platform is at your own risk. The Company and/or its Third Party Providers will not be liable or responsible for any disclosure of your real and actual identity by you within the Platform, or any loss, damage or harm arising as a result of such disclosure. #### 3.5 Creator Content In relation to any Creator Content submitted on the Platform: (a) You represent and warrant that you will not use or contribute Creator Content that is unlawful, tortious, defamatory, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Your participation in the campaign or on the Platform may be suspended or entirely withheld and you may be barred from receiving any Rewards. (b) You represent and warrant that (i) any Creator Content you contribute is original to you or that you have obtained all necessary rights, licences, consents and permissions to create, publish and submit such Creator Content on the Platform; and (ii) the Creator Content does not and will not infringe, misappropriate or otherwise violate any intellectual property rights, moral rights, privacy rights, publicity rights or other rights of any third party. You agree to indemnify, defend and hold harmless the Company and the relevant Participating Brand, and their respective affiliates, officers, directors, employees and agents, from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with any breach of the foregoing representations and warranties or any claim that the Creator Content infringes or violates the intellectual property rights of any third party. (c) The Company does not guarantee that it will retain or store any Creator Content, and the Company shall not be liable or responsible to you or any third party for any inability to access or retrieve your Creator Content arising from any reason whatsoever (including without limitation, any loss, removal or deletion of Creator Content). You are solely responsible for retaining backups or copies of your own Creator Content. You are solely responsible for ensuring that any Creator Content you submit or upload to the Platform comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your Creator Content may be used in accordance with our Privacy Policy. The Company always has the right, in its sole discretion, to accept or reject any Creator Content. (d) Your Creator Content is not confidential, and you authorise us to access and view your Content for our own lawful and personal use, and in accordance with any licenses granted. (e) You are legally responsible for all Creator Content you upload to the Platform. If you are a Creator and someone else assists you with the operation of your Creator account, this does not affect your legal responsibility. Our relationship is with you, and not with any third-party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Use. (f) You warrant that each item of Creator Content you Upload to the Platform complies with the Terms of Use, all other terms and policies incorporated therein, all other terms and policies applicable to your access and usage of the Platform, and all applicable laws. (g) You are liable to and will indemnify us if any warranty in this section of these Terms of Use is untrue. This means you will be responsible for any resulting loss or damage we suffer. (h) We are not responsible for, do not control, and do not endorse any Creator Content. We have no direct control over what your Creator Content may comprise and are not obligated to pre-screen Creator Content. #### 3.6 Digital Wallets Created via the Platform You may use the Platform to link or create a Digital Wallet. The Company will not be liable or responsible for the creation of any Digital Wallet by you, and for your access and use of such Digital Wallet. You acknowledge and understand that: (a) The Company does not have control over your Digital Wallet, and cannot be liable or responsible for any activity or transaction conducted via your Digital Wallet, whether initiated through the Platform's user interface or otherwise. (b) All actions taken or purported to be taken via your Digital Wallet (including the initiating of, or signing of, any transactions) will be automatically deemed to have been conducted and authorised by you. The Company and the Platform will not be able to verify the veracity or authenticity of such transactions or prevent such transactions from occurring. (c) In certain circumstances, such as if you lose or forget your password for your Digital Wallet, you will need to use a seed or recovery phrase to access any Digital Assets stored in your wallet (the "Seed Phrase"). You are solely responsible for the retention and security of your Seed Phrase. Your Seed Phrase is the only way to restore access to the Digital Assets stored in your Digital Wallet if you lose access to your Digital Wallet. Anyone who knows your Seed Phrase can access, transfer or otherwise deal with or dispose of your Digital Asset. If you lose your Seed Phrase, you may not be able to access, transfer or otherwise deal with or dispose of your Digital Asset. You acknowledge that certain methods of securing your Seed Phrase, such as storing it as a digital file anywhere, including on your personal device or on a cloud storage provider, increase the risk that your account or Seed Phrase will be compromised. You further acknowledge that you will not share with us nor any other third party any password or Seed Phrase that relates to your use of the Digital Wallet, and that we will not be held responsible if you do share any such password or phrase, whether you do so knowingly or unknowingly. For the avoidance of doubt, we take no responsibility whatsoever for any theft of a secret recovery phrase that involved intrusion through any means into your personal device or a cloud provider's data repository. (d) You acknowledge and agree that we do not store and is not responsible in any way for the security of your Seed Phrase and you agree to hold us, our affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Seed Phrase and cannot access, transfer, use or otherwise deal with or dispose of your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Seed Phrase. (e) Digital Wallets provided by Third Party Providers shall be subject to the terms and conditions of such Third Party Providers. The Company has no control or responsibility over Digital Wallets provided by Third Party Providers. *** ### 4. Restrictions on Use of Platform and Features #### 4.1 Restrictions The Company may suspend or revoke your license to use the Platform or any Services or Content made available thereon 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: (A) **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 Platform or the Services (or any Content made available thereon). (B) **Prohibited Commercial Uses:** Exploit or use in a manner for commercial purposes, in its entirety or individual components, the Platform (or any Content made available thereon) for any purpose not expressly authorized by the Company, including, without limitation (i) accessing and using the Platform at commercial establishments; (ii) using the Platform to advertise, market, provide or sell any third-party product or service; (iii) performing in-Platform 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 (by text, through the Community Features or otherwise) any commercial advertisement, solicitation or offer through or within the Platform or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, activities within the Platform, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization. (C) **Cheating:** Create, use, offer, promote, advertise, make available and/or distribute the following or assist with any of the following activities: > (i) 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 Service or Content in a manner that is unintended by the Company, including exploits of any bugs in any Service or Content in the Platform, and thereby granting you and/or any other User an undue and unfair advantage over other Users not using such methods; > (ii) bots; i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of your User Account or any Service or Content of the Platform; > (iii) hacks; i.e. accessing or modifying the software of the Platform (or any Service or Content made available therein) in any manner not expressly authorized by the Company; and/or > (iv) any code and/or software, not expressly authorized by the Company, that can be used in connection with the Platform, any Service, any Content and/or any component or part thereof which changes and/or facilitates the feature or functionality of the same; (D) **Data Mining:** Use any unauthorized process or software that intercepts, collects, reads, or "mines" information generated or stored by the Platform (or any Service or Content made available therein); provided, however, that the Company may, at its sole and absolute discretion, allow the use of certain third-party user interfaces. (E) **Unauthorized Connections:** Facilitate, create or maintain any unauthorized connection to the Platform (or any Service or Content made available therein) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform (or any Service or Content made available therein); and (ii) any connection using third-party programs or tools not expressly authorized by the Company. (F) **Transfers:** Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform (or any Service or Content made available therein) or component thereof, or your rights to the Platform (or any Service or Content made available therein) to any other party in any way not expressly authorized herein. (G) **Disruption / Harassment:** Engage in any conduct intended to disrupt or diminish the social experience for other Users, or disrupt the operation of the Company's Platform (or any Service or Content made available therein) in any way, including: > (i) Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Platform (or any Service or Content made available therein) or interfering with, disrupting, negatively affecting or inhibiting other Users from enjoying the Platform or any Service or Content made available therein, or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Platform, Service or Content made available therein. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. > (ii) Harassment, "griefing," abusive behaviour or chat, conduct intended to unreasonably undermine or disrupt the Platform experiences of others, and/or any other activity which violates these Terms. > (iii) 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 Platform. (H) **Violation of Laws:** Access or Use the Platform or any Service or Content provided therein 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). (I) **Violation of Policies:** Access or Use the Platform or any Service or Content provided therein to violate or attempt to violate any policies of the Company. (J) **Violation of Proprietary Rights:** Use the Platform or Services in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights. (K) **Impersonation.** Use the Platform, Services or any content that involves falsehoods, misrepresentations, or misleading statements, including impersonating someone. (L) **Circumvention of Security.** Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Platform, or any Service or Content. (M) **VPN.** Disguise your location through IP proxying, VPN or other methods. (N) **Circumvention of Content Filtering.** Circumvent any content-filtering techniques, security measures or access controls employed on the Platform or any Service or Content in any manner. (O) **Illegal, Unfair or Manipulative Trading Practices.** Engage in or knowingly facilitate any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering" or fraudulent, deceptive or manipulative trading activities in any Digital Asset, or taking undue or unfair advantage over other Users, including without limitation: > (i) trading at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity, unduly or improperly influencing market prices or establishing a price which does not reflect the true state of the market; > (ii) trading without changes in material beneficial ownership for the purpose of creating or inducing a false or misleading appearance of trading activity or creating or inducing a false or misleading appearance with respect to market conditions; > (iii) participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing market prices; > (iv) transacting in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions, in each case, if such transactions do not comply with all laws, rules and regulations applicable to the parties and assets engaged therein; or > (v) engaging in token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiative, including ICOs, DAICOs, IEOs, or other token-based fundraising events; > (vi) taking advantage of any arbitrage between the Platform and other platforms or service providers; > (vii) engage in any money laundering, terrorist financing, or other illegal activities; and (P) **Encourage or enable** any other individual to do any of the foregoing. #### 4.2 Export Controls You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, you may not use the Platform or any Service or any Content if: (a) a citizen of, or located in or ordinarily resident in any of the Prohibited Jurisdictions as defined below; or (b) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial or other sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial or other sanctions regime; or (c) you intend to supply the Platform or any Service or any Content to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial or other sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial or other sanctions regime. #### 4.3 Prohibited Jurisdictions A "Prohibited Jurisdiction" refers to any of the following: (a) Iran; (b) North Korea; (c) Russia; (d) Certain regions of Ukraine including Crimea, Sevastopol and the areas of Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts not controlled by the Ukrainian government; (e) Cuba; (f) Yemen; (g) Sudan; (h) South Sudan; (i) Libya; (j) Lebanon; #### 4.4 Restricted Jurisdictions In addition to the geographical restrictions in Sections 4.2 and 4.3 above, we reserve the right to refuse customers from any other country (collectively, "Restricted Jurisdictions"). Particular Services and Content may also not be available in certain countries due to regulatory, licensing and local restrictions. We may deploy technological solutions (such as geo-blocking) to prevent persons located in Restricted Jurisdictions from registering an account and/or otherwise being able to access, or to use, the Platform or Services. You acknowledge and agree that we will not be responsible to you for, and that you will indemnify and hold us harmless for and in relation to, any losses suffered by you as a result of your attempting to access the Platform or Services from within a Restricted Jurisdiction, including by way of any means designed to circumvent any controls or technological solutions that we may have in place from time to time, and which are intended to prevent or limit such access. You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, examination of your device properties, detection of geo-location and IP masking, transactions and blockchain analysis. By accessing the Platform (or any Service or Content found thereon), and entering into this agreement, you confirm that you are not located in a Restricted Jurisdiction or a jurisdiction in which it is illegal to use the Platform (or any Service or Content found thereon). We reserve the right to terminate or limit any person's User status or access to or use of the Platform at any time, with or without notice, as determined in our sole and absolute discretion. Such terminations and limitations may be based on any factor or combination of factors, including a person's identity, blockchain address, IP address, internet service provider, virtual provider network provider, metadata, browser software, device type, wallet application, wallet device, region of citizenship or residence or current location, or suspicion that User has engaged or intends to engage in any of the restrictions set out above. *** ### 5. Payment, Gas Fees and Taxes 5.1 You may be charged fees or charges to access or use some of the Services on the Platform, including fees without limitation: (a) such fees for the utilisation of the Platform (the "Platform Fee") on all transactions made on or via the Platform (each a "Platform Transaction"). We reserve the right to change or revise the Platform Fee at any time, and any changes or revisions to the Platform Fee will be published on the website and/or be updated within these Terms. It is your responsibility to take note of any changes or revisions to the Platform Fee, and any Platform Transaction conducted by you after the Platform Fee is revised shall constitute your acceptance of such revised Platform Fee; and (b) gas fees or transaction fees charged on the deposit, withdrawal, conversion, swaps or other transactions relating to the Digital Assets carried out via any Services or other fees or charges imposed by Third Party Providers when you use their Dapps ("Third Party Fees"). Where applicable, gas fees are paid to the third parties and/or network of computers that operate the blockchain and/or process the transactions and are not paid to us. Kindly note that such Third Party 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. 5.2 By using the Services, you agree to pay any such fees or charges (including the Platform Fee and the Third Party Fees) imposed for the use of such Services. 5.3 Although the Company or the Third Party Provider endeavours to provide an accurate estimate of the final quote, any such information only represents an estimation of the applicable fees or charges (such as the Platform Fee and/or the Third Party Fees), which may vary from the fees or charges actually paid to use the relevant Service and/or interact with the relevant blockchain or any other network with which the relevant Service and the Platform are compatible. 5.4 Any transactions or payments made through any Service via the Platform will be processed through the blockchain or such other payment gateway or process as may be determined by us or by the relevant Third Party Provider (collectively, the "Payment Process"). We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions made via the Payment Process. You acknowledge that we have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions you made via any Service, including, but not limited to, instances where your payment was not properly processed on the Payment Process or where payment was erroneously made to an unintended recipient. It is solely your responsibility to confirm that your payment for any Platform Transaction has been processed and completed successfully. We do not provide refunds for any fees, payments or Platform Transactions that you might make on or through the Platform. 5.5 You are solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of the Platform (collectively, the "Taxes"). You will pay or reimburse us for all Taxes of any jurisdiction (whether national, federal, state, local, foreign or other), including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, federal, state, local, foreign or other taxing jurisdiction; and will not be entitled to deduct the amount of any such Taxes or amounts levied in lieu thereof from payments (including gas fees) made to us pursuant to these Terms. *** ### 6. Ownership of Intellectual Property 6.1 The Platform and the Services and Content contained therein, 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 Platform 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 Terms. Nothing in these 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 Terms. You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any part of the Platform. You may not do anything that infringes, violates or misappropriates the exclusive rights belonging to us. 6.2 Under these 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 Platform, including the "Kaito" names or products or service developed by us. 6.3 The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the "look and feel" of the Platform 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 Platform, the Kaito Trademarks or the Company. 6.4 You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including, without limitation, about how to improve the Platform, the Services or any Content through the email address provided at the end of these Terms or support channels within the Platform (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. *** ### 7. Third-Party Providers and Services 7.1 The Platform and any Services made available thereon may contain software or services provided by or links to third-party services ("Third-Party Content"). We make no warranties or representations, express or implied, in respect of the availability, functionality or content of such Third-Party Content, and you agree that the Company 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. 7.2 When you use the Platform and any Service and any Content made available thereon, you may also be using the functionality, application, software or service of one or more Third Party Providers. For example, the operation of the perp / defi trading features relies on smart contracts, blockchains, and computer infrastructure operated by third persons. Your use of those and other third-party functionality, application, software or service (each a "Third-Party Service") will be subject to the privacy policies, terms of service or terms of use and similar policies and terms, and fees of those Third Party Providers. 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 Content or any Third-Party Service that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third-Party Content or to use a Third-Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third-Party Content and Third-Party Service at any time without notice. 7.3 The Platform and any Service and any Content made available thereon may contain links to Third-Party Services (including, without limitation, Dapps), and may leverage or plug into such Third-Party Services to enable certain features. When using a Dapp or other Third-Party Service, you understand that you are at no time transferring your Digital Assets or private keys to us. We provide the Platform (and the Service and/or Content made available thereon) and access to Third-Party Services only as a convenience, and we do not have control over their content, and we do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or functionality made accessible via the Platform or by those Third Party Providers (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about the Platform (including any Content or Service made available thereon) or such linked Third-Party Services, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of the Platform and any Service and any Content made available thereon including any third-party website, applications, or resources. When you click such link, we may not warn you that you have left our Platform. 7.4 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. *** ### 8. Data Protection and Privacy In the course of your access and/or use of the Platform or any Service, 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. *** ### 9. Limited Warranty and Disclaimer #### 9.1 General TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON 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. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON 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) THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (B) THE USE OR THE INABILITY TO USE THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON; (E) ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; (F) HUMAN ERRORS; (G) TECHNICAL MALFUNCTIONS; (H) FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; (I) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; (J) INABILITY TO FULLY ACCESS THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON OR ANY OTHER WEBSITE; (K) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; (L) TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR (M) ANY OTHER MATTER RELATING TO THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE ACCURATE, (IV) THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE SECURE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE OR WILFUL MISCONDUCT. 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 PLATFORM AND ANY SERVICE AND ANY CONTENT MADE AVAILABLE THEREON. #### 9.2 Digital Assets Related Disclaimers The Company and the Platform and the Services could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Platform, the Services, decentralised protocols or networks or other applicable blockchain. The Company, the Platform and the Services are not registered or licensed by any governmental or regulatory authority or agency. No such governmental or regulatory authority or agency has reviewed or approved the Company, the Platform and the Services provided thereunder. You acknowledge and agree that blockchain and decentralized technologies are an emerging technology and progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, Digital Assets, the Platform, and the Services which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Platform and any of the Services you acknowledge and agree to undertake these risks. You acknowledge and agree that such Digital Assets, blockchain technologies and associated assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the relevant protocol or network or other applicable blockchain. The Company does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any Digital Asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of Digital Assets; the Company does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that the Company cannot be held liable for changes and fluctuations in value or increased costs. The Company is a developer and provider of software. The Company is not a broker, fund management agency, fund manager, financial institution nor is it a dealer or arranger, nor does it operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning the transactions you choose to conduct via the Services. All transactions between Users are executed and conducted directly on the Third Party Service via any relevant protocol or network (or other network) addresses through smart contracts. You are responsible for complying with all laws that may be applicable to or govern your use of the Services, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. CFTC, the federal securities laws and the regulations promulgated thereunder by the U.S. SEC, the Securities and Futures Act and the Payment Services Act overseen by the Monetary Authority of Singapore and all foreign laws that apply to you and your use of such Services. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet. You accept and acknowledge that the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, the Services, any relevant protocol or network or other applicable blockchain for processing transactions, however caused. You acknowledge and agree that the Platform and the Services and Contents made available thereon are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Platform and/or the Services and Content made available thereon and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Platform. Like all software, the Platform and the Services may be subject to exploits. The Company is not and will not be responsible for exploits of any kind. While the Company has taken a number of precautions to maintain the security of the Platform and the Services respectively, this is a nascent technology and it is not possible to guarantee that the software codes or any smart contracts are completely free from vulnerabilities, bugs or errors. You further expressly acknowledge and agree that the Digital Assets, and any relevant protocol or network applications or other blockchain applications can be written maliciously or negligently, that the Company cannot be held liable for your interaction with such Digital Assets applications and that such applications may cause the loss of property or even identity. This warning and others later provided by the Company in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Platform or any Service or Content made available thereon. Any and all information provided in connection with your access and use of the Platform (or any Service or Content made available thereon) should not and may not be construed as legal, tax, investment, financial, professional or other advice. You should not take, and should refrain from taking, any action based on any information contained on the Platform (or any Service or Content made available thereon), or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving the Platform (or any Service or Content made available thereon) or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy). The following risks are associated with Digital Assets, the Platform, the Services and blockchain based technologies in general: the risk of losing private keys, theft resulting from third parties discovering your private key, value fluctuation of Digital Assets on the secondary market, disruptions to any applicable protocol or network caused by network congestion, lack of usability of, or loss of value with respect to, digital assets due to a hard fork or other disruption to the to any applicable protocol or network, or errors, bugs, or vulnerabilities in the smart contract code associated with a given Digital Asset or transactions involving Digital Assets. *** ### 10. 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 use of, or inability to access or use, the Platform or Services. The Company liability shall never exceed the total Platform Fees paid by you to the Company during the six (6) months prior to your making a claim against the Company, or USD$100, whichever is lower, 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. *** ### 11. 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 or your misuse of the Platform or Services. *** ### 12. 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 #### 13.1 Alterations to the Terms **The Company's Rights.** The Company may create updated versions of these Terms (each a "New Terms") as its business and the law evolves. **New Terms.** These 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 Platform all Services. Your continued use of the Platform or the Services after the Company has published any New Terms constitutes acceptance by you of the New Terms. *** ### 14. Term and Termination #### 14.1 Term These Terms are effective upon your first access and use of the Platform, 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 Platform. #### 14.2 Termination The Company reserves the right to terminate these Terms 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 Platform due to your non-compliance prior to terminating these Terms. 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 Platform (for example, a browser extension). In addition, you will not be able to use the Platform. The Dispute Resolution provisions of these Terms will survive termination and apply to all Disputes that arose or could have been initiated prior to termination. *** ### 15. 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. #### 15.1 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 Platform (including any Service made available thereon), and all marketing related to them, any licensed content, and all matters arising under these 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 Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. #### 15.2 Informal Negotiation Period In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Terms, you and the Company agree to first attempt to negotiate any Dispute (except as set out in Section 15.6 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. 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. You will send your notice to the Company at . #### 15.3 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. 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 Panama at the Arbitration and Settlement Centre of Panama ("CECAP") in accordance with the Arbitration Rules of the CECAP 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 CECAP. 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. 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 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. #### 15.4 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 Terms other than the class action waiver is found illegal or unenforceable, such portion shall be severed and the remainder of these Terms shall be given full force and effect. Any Dispute subject to any such portion of these Terms shall be decided by the arbitrator. #### 15.5 Governing Law Unless these Terms include express language to the contrary, all Disputes shall be governed by and construed under the laws of Panama 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. #### 15.6 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: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the Company's intellectual property rights; (b) any Dispute related to, or arising from, claims that the other party has committed piracy; (c) 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; (d) enforcement actions pursued through a governmental agency if permitted by applicable law; (e) 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 Terms. *** ### 16. Data Analytics We may collect information from our users through the Platform in order to better understand their needs and usage patterns, which can be used to inform future improvements to the Platform and provide a more personalized experience. Information being collected may include, without limitation, the following: * Users, pageviews, sessions * Source (e.g. google, social, direct) * Time spent on site * Users info (country, browser language) *** ### 17. General 17.1 You understand and agree that the Platform may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations ("EAR") and regulations promulgated by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). You represent and warrant that you (1) are not subject to any sanctions or export restrictions (including without limitation, U.S. or UN imposed sanctions or export restrictions) and otherwise are eligible to utilize the Platform under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive sanctions/embargo (including without limitation, U.S. or UN imposed sanctions or embargoes), unless your use of the Platform in such country or region is authorized by applicable law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers' Party of Korea) subject to U.S. or UN sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. or UN imposed based sanctions/embargo; and (4) will not use the Platform in connection with an end-use prohibited by applicable law. 17.2 The Company may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without the Company's prior written consent. Your assignment of these Terms without the Company's prior written consent shall be void. 17.3 The Company's failure to enforce a provision of these Terms shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, the Company may choose to waive enforcement of a provision of these Terms in a particular instance; however, you are still obligated to comply with that waived provision in the future. 17.4 **Notices.** If to the Company: If to You: All notices given by the Company under these Terms shall be given to you either through written notice, email, or website blog post. 17.5 The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 17.6 If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect. 17.7 These Terms, along with the Company's Privacy Policy, constitutes and contains the entire agreement between you and the Company with respect to the subject matter hereof and supersedes any prior oral or written agreements. 17.8 Any provisions of these Terms that by its construction are intended to survive the termination of such Terms shall survive. This includes, without limitations, Sections 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15 and 17. # Privacy Policy ## PRIVACY POLICY **Last updated:** 6 March, 2026 Welcome to Kaito Studio's website and platform (the "Platform"), provided and operated by OpenKaito Corporation (the "Company", "we", "our" or "us"). We take your privacy rights and the protection of personal data very seriously, and strive to collect, use, disclose and process any personal data collected in a manner that complies with applicable data protection and privacy laws. This Privacy Policy sets out what personal data we collect, how we use and share your personal data, and your choices concerning our information practices. This Privacy Policy is incorporated into and forms part of our Platform's Terms of Use (the "Terms"). Before accessing and using the Platform or any of the content made available thereon ("Content"), or submitting any personal data to the Company via the Platform, please read through this Privacy Policy and review it carefully. By accessing and/or using the Platform or Content, you agree to our collection, use, disclosure and processing of your personal data as set out in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access or use the Platform or any of our Content. The Company reserves the right to modify this Privacy Policy at any time and encourages you to review this Privacy Policy each time you access the Platform. *** ### 1. Definitions and Interpretation "Personal data" (or "personal information" as the case may be) in this Privacy Policy shall have the meaning given to it in the Data Protection Legislation. Capitalised terms in this Privacy Policy shall have the meaning given to them in the Terms, unless the context requires otherwise. *** ### 2. Updates to This Privacy Policy We may revise this Privacy Policy from time to time without any prior notice. By continuing to access and/or use the Platform or any of the Content made available therein, you are deemed to acknowledge and accept such changes to this Privacy Policy. *** ### 3. What Personal Data We May Collect In order to access and/or use the Platform and any of the Content made available therein, you may be required to provide us and we may collect the following categories of personal information: (a) **Identification Information:** Email address and identifiers from supported sign-in providers (e.g. Google, Apple). Display name, profile photo (if you choose to provide). (b) **Account and Platform Information:** Your wallet address (where applicable), details of any social media accounts you choose to connect to the Platform (including associated account identifiers, usernames and publicly available profile information), and information relating to your participation in campaigns or activities on the Platform. (c) **User Content:** Any content that you upload, submit, or otherwise make available through the Platform, including copies, links, or metadata relating to your social media posts that you submit in connection with campaigns, rewards, or other activities on the Platform. (d) **Device and Usage Data:** Device model and OS, app version, IP address, language, crash logs, in-app actions (e.g. screens viewed, buttons tapped), session duration, timestamps. (e) **Notification Data:** Your push notification token and preferences. (f) **Communication Information:** Information you share with us as part of any enquiries, emails, surveys, or feedback. (g) **Social Media Information:** Information received from your interactions with our social media Platforms or information provided by the social media Platforms, including aggregate information and analytics of our followers or viewers. (h) **Internet Activity Information:** When you visit, use, or interact with the Platform or any of the Content made available therein, the following information may be created and automatically logged in our systems: > (i) **Device Information:** The manufacturer and model, operating system, IP address and unique identifiers of the device, as well as the browser you use to access the Platform. The information we collect may vary based on your device type and settings. > (ii) **Usage Information:** Information about how you use our Platform, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities. > (iii) **Email Open/Click Information:** We may use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email. *** ### 4. When We May Collect, Use and/or Disclose Your Personal Data We generally do not collect your personal data: (a) unless it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your "authorised representative") after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the Data Protection Legislation or other laws. We will seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law). We may collect and use your personal data for any or all of the following purposes: (c) **Operate the Services:** authenticate users, show profiles, history and leaderboards, send notifications, provide support. (d) **Moderate and ensure integrity:** detect fraud, spam, bots and prohibited content; investigate and prevent misuse and violations; enforce our Terms. (e) **Personalize and improve:** understand usage, improve UX, content and performance, develop new features. (f) **Communicate:** send service messages, updates, alerts and, where permitted, marketing communications. (g) **Legal and compliance:** comply with laws, requests and enforce our rights. (h) performing obligations in the course of or in connection with allowing you access or use of our Platform and Platform and any of the Content made available therein; (i) any other incidental business purposes related to or in connection with the above. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you). *** ### 5. When Your Personal Data May Be Disclosed to Third Parties We may disclose your personal data described above to third parties or in specific situations without further notice to you, unless required by applicable law. Such disclosures may occur in the following circumstances: (a) **Performance of Services:** When necessary for fulfilling obligations related to transactions made on or through the Platform, or your access and use of the Platform and/or any Content made available therein, we may disclose personal data to third parties involved in delivering these services. (b) **Service Providers:** To support our business operations and provide certain services, we may share personal data with third-party providers, partners, affiliates, and service providers. This includes the sharing of personal data with analytics providers, cloud storage providers, IT service providers, and other entities as needed. (c) **Professional Advisors:** We may share personal data with our professional advisors, such as legal and accounting firms, when necessary for them to provide services to us. (d) **Business Transfers:** If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, dissolution, sale of all or a portion of our assets, or transition of service to another provider, your personal data may be sold or transferred as part of such a transaction. (e) **Legal Requirements:** While we do not voluntarily share personal data with government authorities or regulators, we may disclose your information when required to do so by law, regulation, court order, or other legal process. Your personal data may be made publicly available in certain instances, including when you: (f) post any content on our Platform; and (g) make any social media posts with your social media accounts which we may repost or share on our own social media Platforms. For the purposes of registration, verification or provision of any of our Content, we may rely on third parties who may collect, use, disclose or process your personal data for their own purposes, and you agree and consent to their collection, use, disclosure and processing of your personal data in this regard. *** ### 6. Use of Cookies and Other Technologies We may deploy one or more of the following technologies to collect Internet Activity Information in order to enhance your user experience, understand how you interact with any of the Content made available on the Platform, and improve our offerings: (a) **Cookies:** These are small text files placed on your device that allow us to uniquely identify your browser or store information and settings. Cookies help improve your experience by enabling smooth navigation, remembering your preferences, and providing relevant features. They may be set by us or by third-party providers whose services we use. (b) **Local Storage Technologies:** Technologies such as HTML5 may be used to provide functionality similar to cookies but with the ability to store larger amounts of data. This information can be stored directly on your device, including outside your browser, in relation to specific Platforms. (c) **Web Beacons (Pixel Tags/Clear GIFs):** These help us confirm when a webpage or email has been accessed or opened, or when specific content has been viewed or clicked. Web beacons are typically used to track engagement with emails and online content. (d) **Data Analytics Tools:** We may use technologies and tools provided by third party partners to collect information from our users through the Platform in order to better understand their needs and usage patterns, which can be used to inform future improvements to the Platform and provide a more personalized experience. Information being collected may include, without limitation, the following: > (i) Users, pageviews, sessions (ii) Source (e.g. Google, social, direct) (iii) Time spent on site (iv) Users info (geographical location, browser type and language, device type and operating system) For instance, we use the Google Analytics tool on the Platform. For more information, please visit Google Analytics' Privacy Policy. To learn more about how to opt-out of Google Analytics' use of your information, please click here. *** ### 7. Withdrawing Your Consent The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within fourteen (14) business days of receiving it. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue to grant you access and/or use of the Platform and/or any of the Content made available therein and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us via email. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclosure without consent is permitted or required under applicable laws. *** ### 8. How to Access or Correct or Request for the Deletion of Your Personal Data If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, (b) a correction request to correct or update any of your personal data which we hold about you, or (c) a deletion request for us to delete all the personal data we have about you, you may submit your request via email to us at the contact details provided below. Please note that a reasonable fee may be charged for an access request or deletion request. If so, we will inform you of the fee before processing your request. Please further note that we will need to verify your identity in order to honour a deletion request. We will respond to your request as soon as reasonably possible. In general, our response will be within thirty (30) business days. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data, make a correction requested by you, or honour a deletion request, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the Data Protection Legislation). *** ### 9. Safeguarding Your Personal Data To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have or will implement appropriate administrative, physical and technical safeguards. These include limiting the collection of personal data, enforcing strong authentication and access controls (such as secure password practices and restricting data access to a need-to-know basis), encrypting data, maintaining up-to-date antivirus protection, regularly updating our operating system and other software, securely erasing storage devices before disposal, applying web security measures against risks, and conducting regular security reviews and testing. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures. However, no security measures are failsafe, and we cannot guarantee the security of your personal data. You use the Platform and/or any of the Content made available therein at your own risk. *** ### 10. Accuracy of Personal Data We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is up-to-date, complete and accurate, please update us if there are changes to your personal data via email at the contact details provided below. Failure to do so may affect or impact your continued use of the Platform and/or any Content made available therein. *** ### 11. When We May Retain Your Personal Data We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. Videos, annotations and derived labels used to train or improve models/datasets may be retained for extended periods to maintain model integrity. If you request deletion, we will delete or de-identify your personal data from active systems and cease future use for training; however, we may not be able to purge prior model weights already trained on your data. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes. *** ### 12. International Transfers of Personal Data We may transfer, store and process information in countries other than your own. Where required, we use appropriate safeguards to protect your data across borders. *** ### 13. How to Contact Us If you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, you may contact us by this email: **Email Address:**