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Kaito Whitepaper

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 developed two products with product-market fit and are significantly scaling our token network to support more use cases. Both Kaito Pro and Kaito Connect have reached profitability.

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.

Kaito Yaps: Tokenizing Attention

Kaito Yaps leverages advanced AI algorithms to extract and interpret rich signals — such as social graphs and semantic understanding — to quantify attention.

This tokenized attention then serves as an open and permissionless building block, enabling numerous use cases, including SocialFi development, reward distribution, and more.

Kaito Connect: Redefining Attention & Capital Flows

Kaito Connect is our AI-powered InfoFi network that enables the market to distribute attention and capital in a fairer, more transparent and more efficient way, while rewarding all participants.

By leveraging the same underlying technology architecture that powers Kaito Pro — centered on information retrieval, knowledge graphs, and semantic understanding — Kaito Connect brings clarity and structure to complex information networks. Our network integrates AI-powered insights with market dynamics to ensure that attention and capital flows to where it creates the most value.

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.

Kaito Yaps — Tokenized Attention

Since the birth of the digital economy, people have been eager to measure attention.

Brands are willing to pay for attention — or mindshare — as part of top-of-the-funnel user acquisition.
Creators want to prove their influence.
Users want to contextualize popularity and follow emerging trends.

However, attention has historically been incredibly difficult to quantify.

Surface-level metrics such as likes and impressions are increasingly botted and fail to capture real impact.
Qualitative metrics, on the other hand, are subjective and lack a universally accepted benchmark.

To address this challenge, Kaito has developed an algorithm-driven approach to tokenize attention, transforming it into a permissionless building block for open innovation.

Yaps as Proof-of-Attention — AI-powered tokenized attention

Yaps utilizes advanced AI algorithms to extract and interpret rich signals (such as social graphs and semantics understanding) to quantify attention:

Proof-of-Work — Volume of subject-relevant content
Proof-of-Exchange — Real, reputation-weighted engagement
Proof-of-Insight — Insightful, original & focused discussions

What Yaps Unlocks

Yaps

Creators

Creators use their aggregated Yaps as a better Proof-of-Influence (than number of followers and total impressions) Creators use their daily Yaps as a better feedback loop (than engagements and impressions) for real, high quality attention

Users

Consumers use Yaps for high quality content and creator discovery

Brands

Brands use Yaps for high quality content and creator discovery

Yaps Open Protocol

Yaps serve as a public good for recognizing, rewarding, and tracking attention. Fully accessible through our public API endpoint, Yaps allow any builder to access and build on top of tokenized attention permissionlessly.

Since the data went live in December 2024, numerous teams (eg Berachain, Story, Fantasy Top) have already been using it for various use cases, including SocialFi developments, reward distribution, and more.

For teams and developers who are keen to build on top of Yaps and looking for custom integrations, or additional features beyond what is publicly available, please get in touch .

Getting Started with Yaps API

The following section provides information on access to Yaps data via Kaito AI’s API.

Please note that the default rate limit is 100 calls every 5 minutes. If you have more bespoke needs, feel free to contact us .

Yaps Endpoint

This endpoint returns the Yaps score of the given user.

Parameters

Note: either of user_idor username must be specified.

user_id (optional, recommended): The 𝕏 account user id of the particular user you want to get Yaps data for. (Users can get 𝕏 user id via external tools)
username (optional): The 𝕏 account user handle of the particular user you want to get Yaps data for.

Example

Response

Getting Started with Yaps Onchain

Yaps data is available onchain, powered by EAS on Base. It is fully composable and permissionless for anyone to integrate into onchain applications and protocols.

Note that onchain Yaps are tied to a X account's username and Yaps score only; there is no direct linkage to wallet addresses.

More information available .

Kaito Connect — InfoFi Network

Kaito Connect is our AI-powered InfoFi network that combines AI and market forces to redefine how attention and capital flow. Built on a series of interconnected products and frameworks, it ensures genuine contributions are rewarded and value is placed where it truly belongs, creating a more equitable and efficient system for all participants.

Core Values of Kaito Connect

Fairness
- Democratized Access: Levelling the playing field. Participants do not need to be influencers — anyone can participate in the network.
- Value Redistribution: Participants directly contribute in the redistribution of attention and thus receive a fairer share of the value through a rebalance of power.
Transparency
- Transparency Between Brands and Creators/Users: Rewards for both creators and users are transparent on-chain.
- Transparency Between Creators and Users: Due to the nature of public leaderboards, creators automatically disclose the sponsored nature of any content.
Efficiency
- No Intermediaries: No traditional agencies or any other third parties involved.
- Merit- and Performance-based: Content with greater impact receives higher rewards.

Core Pillars of Kaito Connect

Yaps as Proof-of-Attention — AI-powered tokenized attention
- Traditionally, attention has been measured by surface-level metrics such as clicks, views, and impressions. While easy to track and monitor, these parameters fail to capture the real impact.
- Through the introduction of AI models that extract and interpret richer signals (such as social graphs and semantic understanding), the AI-powered algorithm is able to quantify attention and influence in a much more sophisticated way.
Yapper Leaderboards — public dashboard for creator contribution
- In the past, brands engaging creators relied on middlemen recommendations and subjective metrics to gauge the influence of a creator. Payments are oftentimes also made in advance due to the lack of effective measurement, creating incentive misalignment.
- Yapper Leaderboards provide a publicly accessible, merit- and performance-based ranking system that shows the most influential creators with verifiable performance attribution.
Yapper Launchpad — market forces driving attention distribution
- Traditional distributors unilaterally dictate what information and content should receive attention (what users see, what brands get featured), leaving brands, creators and users out of the decision-making process.
- Through the launchpad mechanism within the InfoFi network, the distribution of attention is determined by market forces, engaging creators, users, and other stakeholders in the Kaito ecosystem to ensure a more efficient system.

Network Participants

The InfoFi network enabled by Kaito will involve four key participants:

Creators: Producers of content.
Users: Average users who consume and engage with the content.
Brands: Entities seeking targeted engagement and influence to promote their offerings.
Network/Platforms: The InfoFi network, functioning as the decentralized counterpart to traditional tech platforms (eg 𝕏, YouTube, Instagram, TikTok).

Here is a comparison of how each of the four categories of participants differs in the traditional model vs new Kaito Network:

Traditional Model

Kaito Network (New)

Creators

Receive small payout

Fairer payout given power rebalance and network ownership

Users

Get zero economic value

Get rewarded through correcting market inefficiencies in the attention distribution process

Brands

Pay a premium for middlemen with uncertain ROI

Pay a transparent fee and rewards creators based on impact

Network/Platforms

Centralized platforms control the algorithm that distributes attention, and thus hoard the lion share of the value

Decentralized InfoFi network relies on market forces, and thus distributes value across all participants

Yapper Leaderboard

Yapper Leaderboard is a public leaderboard that tracks and ranks the contributions and influence of creators in real-time for any specific brand or topic.

It incentivises public participation in content creation, leveling the playing field for anyone to participate.
It activates community engagement in a competitive yet fun and gamified environment.
It enables a more sophisticated assessment of attribution, specifically identifying which creators drive how much mindshare for the brand.
It allows everyone — both within and outside the community — to quickly identify high-quality creators who are important for any specific brand or topic.

What Yapper Leaderboards Unlock

Yapper Leaderboard

Yapper Launchpad

Yapper Launchpad is designed to let market forces determine how attention is distributed.

This market-driven approach ensures that value flows to brands based on market consensus.

What The Yapper Launchpad Unlocks

Yapper Launchpad

Creators

Creators vote for the brands that deserve the most attention and become an instrumental market force within the attention distribution network

Through this rebalancing of power, creators receive a fairer payout for their content creation, as well as an additional payout recognizing their participation in the attention distribution network

Users

Users vote for the brands that deserve the most attention and become an instrumental market force within the attention distribution network Users receive a fairer payout recognizing their participation in the attention distribution network

Brands

Brands bid for attention in a fair and public manner, without needing a good relationship with a centralized network operator Brands boost their visibility regardless of the outcome and can identify supporters through voting analytics

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

EXTERNAL LINKS

LEGAL

Terms of Use

Last updated: 20 February, 2025

Welcome to the Yaps by Kaito website and platform (accessible at https://yaps.kaito.ai/) (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”).

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iv. 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.

v. 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).

vi. 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.

vii. 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.

viii. 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.

ix. 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.

F. 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.

A. 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.

B. 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.

i. 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:

(a) 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.

(b) 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.

(d) 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.

(e) 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

C. 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.

D. 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.

E. 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.

F. 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.

G. 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”).

i. 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.

ii. 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).

iii. 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.

H. 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:

i. 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

I. 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.

J. 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.

4. Restrictions on Use of Platform and Features

A. 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:

i. Unauthorized Derivative Works: Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform or the Services (or any Content made available thereon).

ii. 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.

iii. 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;

iv. 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.

v. 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.

vi. 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.

vii. 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.

viii. 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).

ix. 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.

x. 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.

xi. Impersonation. Use the Platform, Services or any content that involves falsehoods, misrepresentations, or misleading statements, including impersonating someone.

xii. 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.

xiii. VPN. Disguise your location through IP proxying, VPN or other methods.

xiv. 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.

xv. 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

xvi. Encourage or enable any other individual to do any of the foregoing.

B. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws").

C. Without limiting the foregoing, you may not use the Platform or any Service or any Content if:

i. a citizen of, or located in or ordinarily resident in any of the Prohibited Jurisdictions as defined below; or

ii. 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

iii. 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.

D. A “Prohibited Jurisdiction” refers to any of the following:

i. Iran;

ii. North Korea;

iii. Russia;

iv. Certain regions of Ukraine including Crimea, Sevastopol and the areas of Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts not controlled by the Ukrainian government;

v. Cuba;

vi. Yemen;

vii. Sudan;

viii. South Sudan;

ix. Libya;

x. Lebanon;

xi. Syria.

E. 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”).

F. Particular Services and Content may also not be available in certain countries due to regulatory, licensing and local restrictions.

G. 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.

H. 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).

I. 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

A. You may be charged fees or charges to access or use some of the Services on the Platform, including fees without limitation:

i. 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

ii. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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

A. 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.

B. 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” “Yapper” and “Yaps” names or products or service developed by us.

C. The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the 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.

D. 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

A. 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.

B. 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.

C. 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.

D. 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.

A. 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.

A. GENERAL:

i. 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.

ii. 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.

iii. 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.

iv. 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.

B. DIGITAL ASSETS RELATED DISCLAIMERS

i. 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

vi. 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.

vii. 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).

viii. 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.

ix. 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.

x. 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.

xi. 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.

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.

A. Alterations to the Terms.

i. The Company’s Rights. The Company may create updated versions of these Terms (each a “New Terms”) as its business and the law evolves.

ii. 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.

A. 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.

B. Termination

i. 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.

ii. In the event of a termination of these Terms, you will continue to be able to access and use your Digital Wallet, but you may need to do so through means outside of the 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

A. APPLICABILITY OF THIS DISPUTE RESOLUTION POLICY. This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. To the fullest extent allowed by applicable law, you and the Company agree to submit all Disputes between us to individual, binding arbitration. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and the Company that relates to any aspect of our relationship, including, without limitation, your use or attempted use of the 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, 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.

B. 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.

i. Negotiations will begin upon receipt of written notice by the party raising the Dispute. The Company will send its notice to your e-mail address or otherwise contact you via the registered telephone number that you have provided to us.

ii. You will send your notice to the Company at [email protected].

C. BINDING ARBITRATION. If a Dispute cannot be resolved through negotiations, either you or the Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. The provision by you of a notice to the Company, containing all of the information referenced above, and your good-faith participation in the Informal Negotiation Period, are prerequisites to commencing arbitration.

i. Any dispute as to any matter arising under, out of or in connection with this Agreement (including but not limited to any question regarding its existence, validity or termination) shall be referred to and finally and exclusively determined by arbitration in 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.

ii. THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. The arbitrator may not consolidate disputes against the Company by other individuals or entities unless the Company expressly consents to such consolidation. These Terms provide no right or authority for any Dispute to be arbitrated, adjudicated, or resolved through proceedings on a class or representative basis or using class action procedures. The arbitrator may award any relief that is permitted by applicable law with respect to your individual claim, but to the maximum extent permitted by applicable law, may not award relief against the Company respecting any person other than you.

D. CLASS AND COLLECTIVE ACTION WAIVER. To the fullest extent allowed by applicable law, you and the Company agree that neither you nor the Company may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration or for any non-arbitrable claim pursued in court. The arbitrator and any court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then entirely void. If any portion of these 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.

E. 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.

F. EXCEPTIONS TO NEGOTIATIONS AND ARBITRATION. You and the Company agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:

i. any Dispute seeking to enforce or protect, or concerning the validity of, any of the Company’s intellectual property rights;

ii. any Dispute related to, or arising from, claims that the other party has committed piracy;

iii. individual actions duly filed in a small-claims court of competent jurisdiction on a non-representative basis; any claim within the jurisdictional limits of the small claims courts;

iv. enforcement actions pursued through a governmental agency if permitted by applicable law;

v. the Company’s right to seek injunctive relief to preserve the status quo pending or during an arbitration.

Claims excluded from arbitration under this section are subject to the choice of law, forum selection, and jury waiver clauses set forth in these 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.

A. 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.

B. 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.

C. 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.

D. Notices.

i. If to the Company:

[email protected]

ii. 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.

E. 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.

F. 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.

G. These Terms, along with the Company’s other applicable agreements located at [Insert Link], constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

H. 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

This Privacy Policy (“Privacy Policy”) governs the collection, use, and disclosure of personal information by Kaito Yaps at Kaito (“Yaps at Kaito”, “we”, “us”, or “our”), accessible at https://yaps.kaito.ai/ (the “Website”). We are committed to protecting your privacy and ensuring the security of your personal data in accordance with applicable laws and industry best practices.

This Privacy Policy document contains types of information that is collected and recorded by Kaito and how we use it. If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Kaito. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

How we use your information

We use the information we collect in various ways, including to:

· Provide, operate, and maintain our website

· Improve, personalize, and expand our website

· Understand and analyze how you use our website

· Develop new products, services, features, and functionality

· Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes

· Send you emails

· Find and prevent fraud

Log Files

Kaito follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.

Cookies and Web Beacons

Like any other website, Kaito uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

Google DoubleClick DART Cookie

Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL -- https://policies.google.com/technologies/ads

Our Advertising Partners

Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.

· Google: https://policies.google.com/technologies/ads

Advertising Partners Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of Kaito.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Kaito, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that Kaito has no access to or control over these cookies that are used by third-party advertisers.

Third Party Privacy Policies

Kaito's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.

CCPA Privacy Rights (Do Not Sell My Personal Information)

Under the CCPA, among other rights, California consumers have the right to:

Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.

Request that a business delete any personal data about the consumer that a business has collected.

Request that a business that sells a consumer's personal data, not sell the consumer's personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access -- You have the right to request copies of your personal data. We may charge you a small fee for this service.

The right to rectification -- You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The right to erasure -- You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing -- You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing -- You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability -- You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Children's Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

Kaito does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

Airdrop Terms

KAITO AIRDROP PROGRAMME TERMS AND CONDITIONS

Last updated: February 20, 2025

Welcome to the Kaito token airdrop programme (the “Airdrop Programme”), provided and operated by OpenKaito Digital Limited (the “Company”, “we”, “our” or “us”). These Airdrop Terms and Conditions (“Airdrop Terms”) govern your participation in and, where eligible and applicable, receipt of Kaito tokens (the “Tokens”) through the Airdrop Programme. Kindly ensure that you refer to https://claim.kaito.ai as the official website for the Airdrop Programme (the “Airdrop Site”).

BY PARTICIPATING IN THE AIRDROP PROGRAMME, INCLUDING BUT NOT LIMITED TO BY ENTERING OR CONNECTING A DIGITAL ASSET WALLET (“DIGITAL WALLET”) AND, WHERE ELIGIBLE, CLAIMING THE TOKENS ON OUR AIRDROP SITE, PURSUANT TO THE TERMS AND PROCESSES DESCRIBED HEREIN, THE PARTICIPANT (WHETHER AS AN ENTITY OR AS AN INDIVIDUAL):

(A) ACKNOWLEDGES THAT THE PARTICIPANT HAS READ, UNDERSTOOD, AND AGREED TO THESE AIRDROP TERMS IN THEIR ENTIRETY. THE PARTICIPANT IS RESPONSIBLE FOR MAKING ITS OWN DECISION IN RESPECT OF ITS PARTICIPATION IN THE PROGRAMME AND ANY RECEIPT OF TOKENS. ANY PARTICIPATION IN THE PROGRAMME IS SOLELY AT THE PARTICIPANT’S OWN RISK AND IT IS THE PARTICIPANT’S SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL, LEGAL, FINANCIAL, TAX, AND OTHER ADVICE IN RESPECT OF THE AIRDROP PROGRAMME AND ANY RECEIPT OF THE TOKENS PRIOR TO PARTICIPATING IN THE AIRDROP PROGRAMME AND PRIOR TO RECEIVING ANY TOKENS.

(B) EXPRESSLY ACKNOWLEDGES AND ASSUMES ALL RISKS RELATED THERETO, INCLUDING (WITHOUT LIMITATION) THE RISKS SET OUT BELOW. IN NO EVENT SHALL THE COMPANY OR ANY PERSON REPRESENTING THE COMPANY BE HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES, OR OTHER LIABILITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE AIRDROP PROGRAMME OR THE RECEIPT OF ANY TOKENS.

THE COMPANY DOES NOT TAKE ANY RESPONSIBILITY FOR THE PARTICIPATION BY ANY PARTICIPANT IN THE AIRDROP PROGRAMME AND SO EACH PARTICIPANT MUST SATISFY ITSELF BEFORE PARTICIPATING IN THE AIRDROP PROGRAMME AND SHOULD NOT RELY ON THE COMPANY. THE COMPANY DOES NOT PROVIDE ANY RECOMMENDATION OR ADVICE IN RESPECT OF THE AIRDROP PROGRAMME OR THE TOKENS. THE COMPANY HAS NOT ASSESSED THE SUITABILITY OF THE TOKENS FOR ANY PARTICIPANT. THE COMPANY HAS NOT CONSIDERED THE APPLICABLE LAWS, REGULATIONS AND LAWS OF THE JURISDICTION OF ANY PARTICIPANT. EACH PARTICIPANT PARTICIPATES IN THE AIRDROP PROGRAMME AND RECEIVES TOKENS AT ITS OWN RISK.

IF YOU DO NOT UNDERSTAND OR ACCEPT ANY TERM SET OUT HEREIN, YOU MAY NOT PARTICIPATE IN THIS AIRDROP PROGRAMME.

1. Acceptance of terms

By accessing and using the Airdrop Site and participating in this Airdrop Programme, you acknowledge and accept all related risks, including without limitation, the risks as set forth herein. We will not be liable to you or any other person for any direct, indirect, special or consequential losses, damages or costs by reason of, or arising from, or as a consequence of, your participation in the Airdrop Programme. Participation in this Airdrop Programme is solely at your own risk and discretion.

2. Eligibility

A. Representations and Warranties. By accessing and/or participating in our Airdrop Programme, you must be and hereby affirm that you:

i. are not prohibited or restricted from participating in this Airdrop Programme by any laws or regulations applicable to you;

ii. are an adult of the legal age of majority in your country or state of residence (whichever is higher). If you are under the legal age of majority, you may not participate in this Airdrop Programme; and

iii. are not:

(a) a citizen of, or located in or ordinarily resident in any of the Restricted Jurisdictions as defined below; or

(b) under the control or ownership of a person that is, subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the BVI government, the United Kingdom government, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority,

collectively above, a “Prohibited Person”.

A “Restricted Jurisdiction” refers to any of the following:

i. Iran;

ii. North Korea;

iii. Russia;

iv. Certain regions of Ukraine including Crimea, Sevastopol and the areas of Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts not controlled by the Ukrainian government;

v. Cuba;

vi. Yemen;

vii. Sudan;

viii. South Sudan;

ix. Libya;

x. Lebanon;

xi. Syria.

B. Geographic Restrictions. In addition, this Airdrop Programme is not available in certain jurisdictions where participation would be unlawful, restricted, or where we have opted to limit access. You are prohibited from participating if you are a resident of, or are accessing the Airdrop Programme from, any such jurisdiction as specified by us from time to time.

C. Eligible Participants. Tokens will only be airdropped to those participants who fully meet our eligibility requirements (“Eligible Participants”), to be determined by the Company in its sole and absolute discretion. You acknowledge that token distribution is strictly limited to Eligible Participants, and we may refuse to distribute any Tokens if you do not qualify as an Eligible Participant, without any liability or further explanation to you.

D. Eligibility Criteria. The Company, in its sole discretion, shall determine the eligibility criteria for participation in the Airdrop Programme, including the amount of tokens to be distributed to Eligible Participants that satisfy certain criteria. Different Eligible Participants may receive different amounts of Tokens in any particular round of an airdrop (each an “Airdrop Round”), depending on the criteria set forth by the Company for such an instance. The Company may, but shall have no obligation to, notify actual or potential Airdrop Programme participants of the eligibility criteria for any airdrop prior to, during, or after the claims are opened for any Airdrop Round. You accept that we reserve the sole and absolute right to set, adjust, or waive eligibility criteria based on factors including, but not limited to, regulatory requirements, previous engagement with products and services provided by or associated with the Company or the “Kaito” ecosystem, or other conditions as we may deem relevant.

E. Verification and Monitoring. We may use IP detection, geo-location services, and other verification tools to monitor and confirm your eligibility and compliance with our eligibility criteria, or to deny you access to the Airdrop Site or Airdrop Programme.

F. Disqualification. You may be disqualified from the Airdrop Programme and from receiving any Tokens from the Airdrop Programme if you are found attempting to bypass any security measure, verification tools or eligibility criteria. The Company reserves the sole and absolute right to disqualify any Eligible Participant or potential participant it deems ineligible for an airdrop (be it under these Airdrop Terms or by having determined that the relevant person engaged in any conduct that the Company considers harmful, unlawful, inappropriate, or unacceptable). Such disqualification may be appropriate if the Company determines, in its sole discretion, for example, that the relevant person may have used multiple addresses to obscure its identity or location or to attempt to game, cheat, or hack the airdrop, Tokens, or the protocol.

G. Right to Maintain Confidentiality. We may withhold eligibility information to protect the integrity of the Airdrop Programme, ensure compliance, or prevent manipulation. We are not required to explain or disclose these criteria, either in part or in full, to you or the public.

H. Final and Binding Decision. Our decisions in respect of your eligibility for the Airdrop Programme and to receive any Tokens under this Airdrop Programme are final and binding, and we are not obliged to provide any explanations or entertain any appeals in this regard.

3. airdrop process and token allocation

A. Airdrop and Claim Period. The process of the airdrop and/or claiming of Tokens period will be decided solely at our discretion which may be announced through our official channels. Airdrops may be conducted multiple times or only once, as determined by the Company at its sole and absolute discretion. The Company may adopt different, similar, or identical eligibility criteria or participation requirements as the Company determines at its sole and absolute discretion. Successful participation in a prior Airdrop Round does not guarantee, nor shall it create an expectation of, participation in a subsequent Airdrop Round. We reserve the right to modify, extend, or cancel the Airdrop Programme or any Airdrop Round at any time without prior notice to you.

B. Eligibility Verification. You are required to follow our required steps to verify your eligibility, which may include providing or connecting a compatible Digital Wallet, before you may be qualified to receive Tokens through this Airdrop.

C. Claiming Tokens. Eligible Participants will be required to follow the claim process within the designated claim period. This may involve connecting a compatible Digital Wallet, confirming your identity (whether through any know-your-customer (KYC processes) or through linking or connecting your social media profile), or completing any additional steps as we may deem necessary. Failure to claim Tokens within the stated period may result in forfeiture, and we are under no obligation to provide extensions or reissue any unclaimed Tokens to you. The Company will not be responsible or liable for any loss, non-delivery or forfeiture of Tokens or ineligibility of a participant arising from the participant’s failure to comply with or follow the relevant claims process established by the Company. When you link or connect your Digital Wallet and/or social media profile to the Airdrop Site, your use of your Digital Wallet and/or social media profile is at your own risk, and subject to the relevant Digital Wallet’s and/or social media platform’s service provider’s terms and conditions.

D. Transaction Fees. You are responsible for any transaction fees, including gas fees, that may be required to claim or transfer Tokens. You will not be able to claim your Tokens if the necessary gas fees have not been paid. Such transaction fees (including gas fees) often fluctuate based on a number of factors, all of which are not under our control, and may therefore change at any time without notice.

E. Token Allocation. We reserve the sole and absolute right to determine the total number of Tokens to be distributed in the Airdrop. Your participation in the Airdrop does not guarantee receipt of a specific number of tokens. Allocation amounts may vary among Eligible Participants, and we make no representation or warranty as to the quantity of Tokens any Eligible Participant may receive.

F. No Guarantee of Token Value. The Tokens distributed through this Airdrop Programme are provided on an “as-is” basis. We make no representations or warranties regarding the future value, liquidity, functionality, or utility of the Tokens.

G. Use of Digital Wallet. Participants hereby agree and confirm that it is the legal owner of the relevant Digital Wallet address that it provides for the purposes of the Airdrop Programme and will not sell, assign, or transfer control of such address or the Tokens to third parties to circumvent any Transferability Restrictions (as defined below) or to knowingly redistribute Tokens to any third party that would violate these Airdrop Terms if claimed directly by such third party. By linking or using a Digital Wallet, the participant agrees that it is using the Digital Wallet in accordance with the applicable terms and conditions of the relevant third-party provider of such Digital Wallet. Each participant acknowledges and agrees that the Digital Wallet is not maintained or supported by, or associated or affiliated with, the Company, and that the Company has no control over the Digital Wallet or the provision of services relating thereto. When a participant interacts with the any website or application (including the Airdrop Site) for the Airdrop Programme, as between the Company and the relevant participant, the participant retains control over its tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets") held in the participant’s Digital Wallet at all times. The Company does not control the Digital Assets, including the Tokens, in a participant’s Digital Wallet, and the Company accepts no responsibility or liability to any participant in connection with that participant’s use of a Digital Wallet. The Company makes no representations or warranties regarding how the Airdrop Site, Airdrop Programme or any website or application relating thereto will operate with, or be compatible with, any specific Digital Wallet. The private keys necessary to access and/or transfer the Digital Assets held in a Digital Wallet are not known or held by the Company. Any third party that has or may gain access to a participant’s login credentials, private key, or third-party cloud or storage mechanism for such information may be able to misappropriate the Tokens and/or other Digital Assets held by the participant. The Company has no ability to help any participant access or recover its private key and/or seed phrase for its Digital Wallet. As between the participant and the Company, the participant is solely responsible for maintaining the confidentiality and security of its private key and Digital Wallet, and the participant is solely responsible for any transaction signed with its private key. The Company is not responsible for any loss associated with the participant’s private key, Digital Wallet, vault, or other storage mechanism.

H. No Guarantee of Airdrop. The organisation and conduct of this Airdrop Programme and these Airdrop Terms shall not be deemed as a guarantee or promise that any Airdrop Round will occur or that any Tokens will be issued or delivered in the course of this Airdrop Programme. For avoidance of doubt, it is possible that no Airdrop Rounds will be conducted, and no Tokens will be issued or delivered, under this Airdrop Programme.

4. USE OF TOKENS

A. Token Usage. Participants acknowledge and agree that the Tokens received through the Airdrop Programme may have specific usage limitations, such as utility within a specific platform or ecosystem, and may have no monetary value. Additionally, the participants acknowledge and agree that the Tokens delivered pursuant to this Airdrop Programme may be subject to such lock-up periods, vesting schedules or similar restrictions relating to the transfer or disposal of the Tokens (collectively, “Transferability Restrictions”) as determined and imposed by the Company from time to time at its sole and absolute discretion, and the Eligible Participants hereby agree to abide and comply fully with such Transferability Restrictions as a condition to being eligible to claim and receive any Tokens under the Airdrop Programme.

B. Not an Investment Product. Tokens received through the Airdrop Programme are not intended as investment products nor as securities, and each participant acknowledges that the value of the Tokens (if any) may fluctuate and that no guarantees are made regarding future value of the Tokens (if any). The prices of such digital or blockchain assets are extremely volatile, subjective and do not have any inherent or intrinsic value. Fluctuations in the price of other Digital Assets could materially and adversely affect the Tokens, which may also be subject to significant price volatility. In addition, a lack of use or public interest in the Tokens could negatively impact the potential utility or value of the Token. Each Token has no inherent or intrinsic value, as their value is inherently subjective and factors occurring outside of the Company’s control may materially impact the value and desirability of the Tokens.

C. No Promise of Usability. The organisation and conduct of this Airdrop Programme, any Airdrop Round and the delivery of Tokens thereto to participants does not constitute, and shall not be deemed as, a promise by the Company that the Tokens are usable, tradeable or provided for any purpose whatsoever, whether immediately after the relevant Airdrop Round or any time thereafter. Each participant hereby acknowledges and agrees that the Tokens received via an Airdrop Round may not have an inherent value, usage or purpose, and that participants have no expectation of profit, value or use in the Tokens.

5. prohibited activity

A. Participants in the Airdrop Programme are strictly prohibited from engaging in any of the following activities. We reserve the right to disqualify you from accessing and using the Airdrop Site and/or participating in the Airdrop Programme and/or pursue legal actions against you if you are found to have engaged in such prohibited activities.

i. Circumvention of Eligibility Criteria / Security Measures / Verification Tools. Attempting to bypass geographic, legal, or eligibility restrictions through the use of VPNs, proxies, multiple accounts, or any other means to misrepresent your location or identity.

ii. Fraudulent and Deceptive Practices. Engaging in fraudulent activities, including but not limited to creating fake identities, providing false or misleading information (whether through social media channels or otherwise), or using automated systems or bots to manipulate the airdrop process.

iii. Hacking or Unauthorised Access. Attempting to hack, interfere with, or gain unauthorised access to our systems, smart contracts, or any part of the Airdrop Site or Airdrop Programme infrastructure.

iv. Exploitation and Manipulation. Exploiting any bugs, vulnerabilities, or loopholes in the Airdrop Programme system, including smart contract issues, to gain unfair advantage, acquire additional Tokens, or manipulate the Token distribution. Prohibited activities, include, without limitation:

a. using multi-accounts and/or multi-wallets;

b. attempting to cheat or hack the Airdrop Programme systems or the Tokens;

c. carry out any kind of botting, spamming, sybiling or other forms of automation or other similar forms of conduct; or

v. Impersonation and Phishing. Impersonating us, our employees, or other participants, or engaging in phishing schemes to deceive others or gain unauthorised access to their accounts, wallets or tokens.

vi. Unlawful Activity. Using the Airdrop Site, Airdrop Programme or Tokens for any unlawful purposes, including but not limited to money laundering, financing terrorism, or engaging in sanctioned activities.

vii. Other Offensive Behaviour. Behaving in a manner that the Company deems offensive, inappropriate or illegal. Any such behaviour may result in all of a participant’s Digital Wallets, accounts or addresses being permanently banned from the Airdrop Programme.

B. Additionally, the Company may suspend or revoke access and use of the Airdrop Site and your participation in the Airdrop Programme if you violate, or assist others in violating, the restrictions and limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do any of the following:

i. Unauthorized Derivative Works: Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon).

ii. Prohibited Commercial Uses: Exploit or use in a manner for commercial purposes, in its entirety or individual components, the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) for any purpose not expressly authorized by the Company, including, without limitation (i) accessing and using the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) at commercial establishments; (ii) using the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) to advertise, market, provide or sell any third-party product or service; (iii) performing in- Airdrop Site services including, without limitation, account boosting or resource-farming or botting or similar activities, whether in exchange for payment or otherwise; (iv) communicating or facilitating any commercial advertisement, solicitation or offer through or within the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, activities within the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon), whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.

iii. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:

a. exploits; i.e. methods not expressly authorized by the Company (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating use of any part of the Airdrop Site in a manner that is unintended by the Company, including exploits of any bugs in any part of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon), and thereby granting you and/or any other person an undue and unfair advantage over other participants not using such methods;

b. bots; i.e. any code and/or software, not expressly authorized by the Company, that allows the automated control of any part of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon);

c. hacks; i.e. accessing or modifying the software of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) in any manner not expressly authorized by the Company; and/or any code and/or software, not expressly authorized by the Company, that can be used in connection with the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) which changes and/or facilitates the feature or functionality of the same;

iv. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon); provided, however, that the Company may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.

v. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon); and (ii) any connection using third-party programs or tools not expressly authorized by the Company.

vi. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) or component thereof, or your rights to the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) to any other party in any way not expressly authorized herein.

vii. Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the social experience for other participants, or disrupt operation of the Company’s Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) in any way, including:

a. Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) or interfering with, disrupting, negatively affecting or inhibiting other participants from accessing or using the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon), or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon). ANY ATTEMPT BY YOU TO DISRUPT THE AIRDROP SITE OR THE AIRDROP PROGRAMME OR UNDERMINE THE LEGITIMATE OPERATION OF THE AIRDROP SITE OR AIRDROP PROGRAMME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

b. Harassment, “griefing,” abusive behaviour or chat, conduct intended to unreasonably undermine or disrupt the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates these Airdrop Terms.

c. Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other similar form of solicitation within the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon).

viii. Violation of Laws: Access or use the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) to violate or attempt to violate any applicable law or regulation (including without limitation any applicable anti-money laundering, anti-proliferation and anti-terrorism financing laws and sanctions programs, including, without limitation, the U.S. Bank Secrecy Act and those enforced by the U.S. Department of Treasury's Office of Foreign Assets Controls and any other Export Control Laws and those of the British Virgin Islands).

ix. Violation of Polices: Access or use the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) to violate or attempt to violate any policies of the Company.

x. Violation of Proprietary Rights: Access or use the Airdrop Site or the Airdrop Programme (or any materials or content made available thereon) in any manner that violates, misappropriates, or infringes the rights of the Company, our licensors, other participants, or others, including privacy, publicity, intellectual property, or other rights.

xi. Encourage or enable any other individual to do any of the foregoing.

C. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws").

D. By accessing and using the Airdrop Site and participating in the Airdrop Programme, you agree to abide by these Airdrop Terms and acknowledge that we may monitor you for prohibited activities and enforce this prohibition without liability to you.

6. Information or communication about the airdrop

A. Official Source Only. We will announce the details of the Airdrop Programme, and any Airdrop Round, including the official claim process, on our Airdrop Site and/or verified official sites or social media channels. Any claim links or information from unofficial sources should be regarded as fraudulent and ignored.

B. Eligibility Checker. We may make available a website or application for participants to check their eligibility for any Airdrop Round (the “Eligibility Checker”). The Eligibility Checker is provided for your convenience only, and any information provided therein, including information relating to your eligibility and/or Token allocation, is an estimate only, and shall not be binding on the Company. Any information presented to you via the Eligibility Checker is not intended to, and shall not, create any expectation on you in respect of your eligibility to receive any Tokens under this Airdrop Programme. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, correctness or completeness of any information provided on the Eligibility Checker, and no reliance should be placed on it. The Eligibility Checker is an informational tool provided solely to assist in assessing your preliminary eligibility for the Airdrop Programme for your convenience only. Results displayed by the Eligibility Checker do not guarantee final eligibility, participation, or any right to receive tokens or rewards (or the amount thereof). We reserve the right to disqualify participants who are suspected of fraudulent or illegal activities, bypassing eligibility checks, or failing to meet any eligibility criteria. We reserve the right to change our decisions (and accordingly, any results displayed by the Eligibility Checker) on or prior to the occurrence of the Airdrop. The final number of Tokens that you may receive (if any) may differ from the results of the Eligibility Checker. You will not be required to connect your Digital Wallet to the Eligibility Checker. Any website or application that purports to be the Eligibility Checker and requires you to connect your Digital Wallet to the website or application will not be from us, and you should not connect your Digital Wallet to any such website or application.

C. Non-Binding Nature of Past Communications. Any statements, announcements or information we may have previously made relating to the Airdrop Programme, any Airdrop Round or any Tokens (whether via the Eligibility Checker, the Airdrop Site or anywhere else) are not binding and do not constitute a representation or guarantee. We are not liable for any reliance on such past communications.

D. Third-Party Information. We are not liable for any information or other communication made by any third party relating to the Eligibility Checker, Airdrop Site, Airdrop Programme, any Airdrop Round or any Tokens, including any speculative information about our eligibility criteria or the period of any Airdrop Round or the Airdrop Programme.

E. Personal Security. It is your sole responsibility to verify the authenticity of any website, link, or communication claiming to be from us. You are advised to exercise caution when clicking on links, connecting wallets, or sharing any personal information.

F. No Recovery or Liability. We will not be able to, nor are we obliged to, recover any Tokens or other Digital Assets lost due to scams, phishing attempts, or unauthorised third-party activities. We will not be liable for any losses, damages, or claims arising from your interaction with scam websites, fraudulent links, phishing emails, or any other form of unauthorised third-party activity impersonating us, the Airdrop Site, the Eligibility Checker or the Airdrop Programme.

7. SPECIFIC Risk DISCLOSURES AND disclaimers

By accessing and using the Eligibility Checker, the Airdrop Site and/or by participating in this Airdrop Programme, you acknowledge and accept the following inherent risks associated with Digital Assets, blockchain technology, and participation in the Airdrop Programme. You assume full responsibility for understanding and managing these risks, and you agree that we are not liable for any direct, indirect, special or consequential losses, damages or costs by reason of, or arising from, or as a consequence of, your participation in the Airdrop Programme.

A. Volatility. Digital Assets are highly volatile and subject to unpredictable fluctuations. Tokens received through this Airdrop Programme may experience extreme price changes, or may lose all value entirely. You should only participate if you are prepared for the possibility that the Tokens received may have limited or no financial value.

B. Technical Risks. Transactions on blockchain networks are irreversible, and Tokens may be lost permanently due to errors, forgotten private keys, or unauthorised access. By participating in the Airdrop Programme, you accept the technical risks associated with blockchain transactions, including delays, errors, and malfunctions that may affect token distribution or access to our Airdrop Site.

C. Smart Contract Vulnerabilities. This Airdrop Programme relies on smart contracts, which are potentially vulnerable to security flaws, bugs, and exploits. Any malfunction, coding error, or exploitation of smart contracts could result in partial or complete loss of Tokens.

D. Service Disruptions. Blockchain networks, wallet providers, and related third party services may experience downtime, delays, or disruptions due to factors beyond our control. These disruptions may delay or prevent access to our Airdrop Site and/or the claiming of Tokens, and we are not liable for losses incurred due to such events.

E. Security of Personal Wallets. You are solely responsible for securing your Digital Wallet, private keys, seed phrases, and other credentials. Loss or theft of your private key may result in permanent loss of Tokens and/or your Digital Assets, and we will not, nor shall we be obliged to, assist in recovery.

F. Regulatory Restrictions. Digital Assets are subject to evolving legal and regulatory frameworks in multiple jurisdictions. Tokens distributed in this Airdrop Programme may face regulatory restrictions in certain countries, which could limit their use, transferability, or legality. It is your responsibility to understand and comply with applicable laws and regulations in your jurisdiction in respect of the Tokens and the Airdrop Programme.

G. Tax Obligations. Participation in this Airdrop Programme may have tax implications depending on your jurisdiction. You are solely responsible for determining and fulfilling any tax obligations arising from receiving, holding, or transferring the Tokens.

H. Risk of Changes in Functionality. The Tokens do not have any rights, uses, purpose, attributes, functionalities or features, express or implied, and which may change from time to time.

I. No inherent or intrinsic value. No promises of future performance or price are or will be made in respect to the Tokens, including no promise of inherent value, no promise of continuing payments, and no guarantee that the Tokens will hold any particular value. Therefore, the recovery of spent resources may be impossible or may be subject to foreign laws or regulations, which may not be the same as the laws in the jurisdiction of the British Virgin Islands.

J. Risk of Losing Access to the Tokens Due to Loss of Private Key(s). A private key, or a combination of private keys, is necessary to control and dispose of the Tokens stored in the participant’s Digital Wallet, vault or other storage mechanism. Accordingly, loss of requisite private key(s) associated with the participant’s Digital Wallet, vault or other storage mechanism storing the Tokens may result in loss of such Tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service used by the Participant, may be able to misappropriate any Tokens held by the participant. The Company cannot be responsible for any such losses.

K. Risk of Blockchain Level Attacks. As with other decentralized cryptographic tokens based on blockchain technology, the Tokens are or may be susceptible to attacks by nodes or validators responsible for validating/confirming transactions on the relevant blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the Company and the Tokens, including, but not limited to, accurate execution and recording of transactions involving the Tokens.

L. Risks Associated with Uncertain Regulations and Enforcement Actions. The regulatory status of the Tokens and distributed ledger technology is unclear or unsettled in many jurisdictions, but numerous regulatory authorities across jurisdictions have been outspoken about considering the implementation of regulatory regimes which govern digital asset markets. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the Tokens. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the Tokens. Regulatory actions could negatively impact the Tokens in various ways, including, for purposes of illustration only, through a determination that the Tokens are a regulated financial instrument that requires registration or licensing, or that the Company may not be able to provide regular service in certain areas. The Company may cease operations in a jurisdiction, or even abandon certain features of the project, in the event that regulatory actions, or changes to applicable law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

M. Failure to develop. The Tokens and its associated blockchain protocol are still in the developmental stage, hence there may be large changes to the final design before the official version is released. There is the risk that the development of the Tokens and its associated blockchain protocol will not be executed or implemented as planned, or may not meet any expectation of purchasers or participants of the Airdrop Programme of the Tokens, for a variety of reasons, including without limitation the event of a decline in the prices of any Digital Assets or the Tokens, unforeseen technical difficulties, and shortage of development funds for activities.

N. Unanticipated Risks. Cryptographic tokens such as the Tokens are a new and untested technology. In addition to the aforementioned risks, there may be other risks associated with the participant’s participation in the Airdrop Programme and/or receipt, claim, holding and use of the Tokens, including those that the Company cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in these Airdrop Terms.

O. Risks Associated with the Development and Maintenance of the Kaito Project. The Kaito project and ecosystem is still under development and may undergo significant changes over time. Although it is intended for the Tokens and Kaito project and ecosystem to follow the roadmap as may be communicated by the Company, and the Company will endeavour to work towards those ends (subject to internal business considerations), changes may be required to be made to the specifications, features, functionality, purpose, plans and/or other details of the Tokens or the Kaito project and ecosystem for any number of reasons. This could create the risk that the Tokens or the Kaito project and ecosystem, as further developed and maintained, may not meet the participant’s expectations or requirements at the time of purchase. Furthermore, despite the Company’s good faith efforts to develop and maintain the Kaito project and ecosystem, it is still possible that it will experience malfunctions or otherwise fail to be adequately developed or maintained or fail to be adequately adopted, which may negatively impact the Kaito project and ecosystem and the Tokens.

P. Inadequate disclosure of information. As at the date hereof, the Kaito project and ecosystem and the Tokens are still under development and its design concepts, consensus mechanisms, algorithms, codes, and other technical details and parameters may be constantly and frequently updated and changed. Although the Airdrop Site, Airdrop Terms and https://docs.kaito.ai/ contains the most current information relating to the Kaito ecosystem and project and the Tokens, it is not absolutely complete and may still be adjusted and updated by the team from time to time. The team has no ability and obligation to keep holders of the Tokens informed of every detail (including development progress and expected milestones) regarding the project to develop the Kaito ecosystem and project, hence insufficient information disclosure is inevitable and reasonable.

Q. Risks Related to Corporate Structure. The legal structure for the Company (including the intra-group arrangements) is bespoke and there is no generally accepted standard or structure for similar projects in the distributed ledger technology space. The legal structure had been designed to address certain specific legal risks, and attempt to decentralize the management and control, as well as economic risks and benefits relating to the Kaito ecosystem and project and the Tokens; but there is no legal precedent for whether these structures are effective and it is difficult to predict the position that a regulator may adopt. The legal structure and contractual arrangements may not be effective in decentralizing management and control, thereby adversely affecting the value of Kaito ecosystem and project and/or the Tokens.

R. Risk of Dissolution of the Company, or any of the Company’s Group entities or Kaito Project and Ecosystem. Start-up companies such as the Company involve a high degree of risk. Financial and operating risks confronting start-up companies are significant, and the Company is not immune to these. Start-up companies often experience unexpected problems in the areas of product development, marketing, financing, and general management, among others, which frequently cannot be solved. It is possible that, due to any number of reasons, including, but not limited to, an unfavourable fluctuation in the value of cryptographic and fiat currencies, decrease in the utility of the Tokens due to negative adoption of the Kaito project or ecosystem, the failure of commercial relationships, or intellectual property ownership challenges, Kaito project or ecosystem may no longer be viable to operate and the Company may be dissolved.

S. Risks Arising from Lack of Governance Rights. Because the Tokens confer no governance rights of any kind with respect to the Company, all decisions involving the Company will be made by the Company at its sole and absolute discretion, including, but not limited to, decisions to discontinue the operations or development of the Kaito project or ecosystem, to create, distribute and/or sell more Tokens or other Digital Assets for use within Kaito project or ecosystem, or to sell or liquidate the Company. These decisions could adversely affect Kaito project or ecosystem and the Tokens held by the participant.

T. Risks Involving Cloud Storage. As the Airdrop Site and the Airdrop Programme may provide or utilize a decentralized cloud storage service for users and applications, therefore the Airdrop Site and the Airdrop Programme are susceptible to a number of risks related to the storage of data in the cloud. The Airdrop Site and the Airdrop Programme may involve the storage of large amounts of sensitive and/or proprietary information, which may be compromised in the event of a cyberattack or other malicious activity. Similarly, the Airdrop Site and the Airdrop Programme may be interrupted and files may become temporarily unavailable in the event of such an attack or malicious activity. Because users can utilize a variety of hardware and software that may interface with Kaito project and ecosystem, there is the risk that the Airdrop Site and the Airdrop Programme may become unavailable or interrupted based on a failure of interoperability or an inability to integrate these third-party systems and devices that the Company does not control. The risk that the Services may face increasing interruptions and the Kaito project and ecosystem may face additional security vulnerabilities could adversely affect the Kaito project and ecosystem and therefore the future utility of any Tokens held by the Participant.

U. Forking. As parts of the Kaito project or ecosystem may contain open-source components, the Company does not and cannot monopolize the development, marketing, operation or otherwise of Kaito project or ecosystem and the blockchain technologies underlying the Tokens. Any entity may independently develop a patch or upgrade of the source code of the underlying blockchain (or any part thereof) without prior authorization of any other person, and launch the same by deployment on any underlying blockchain network. The acceptance of these patches or upgrades by a sufficient (not necessarily overwhelming) percentage of the Tokens’ holders could result in a "fork" in the network, and consequently two diverging networks will emerge and remain. Each branch arising from the fork will have its own native cryptographic tokens – accordingly there may be two different versions of the Tokens respectively residing in the two divergent branches with almost identical technical features and functions. The tokens on the diverging network will not be considered as the Tokens.

Further, it is theoretically possible for each branch of the forked blockchain to be further forked an unlimited number of times. The temporary or permanent existence of forked blockchains could adversely affect the operation of the Kaito project and ecosystem and underlying blockchain and the Tokens held by the participant, and may ruin the sustainability of the Kaito project and ecosystem.

V. Risks associated with a lack of markets for the Tokens. There is no prior market for the Tokens and the distribution, airdropping or sale of the Tokens may not result in an active or liquid market for the Tokens. The Tokens are designed to be utilized solely within the Kaito project and ecosystem, hence there may be illiquidity risk with respect to the Tokens held by the participant. The Tokens are not a currency issued by any central bank or national, supra-national or quasi-national organization, nor is it backed by any hard assets or other credit nor is it a "commodity" in the usual and traditional sense of that word. The Company is not responsible for, nor does the Company pursue, the circulation and trading of the Tokens on any market. Trading of the Tokens will merely depend on the consensus on its value between the relevant market participants. No one is obliged to purchase any Tokens from any holder of the Tokens, nor does anyone guarantee the liquidity or market price of the Tokens to any extent at any time. Furthermore, the Tokens may not be resold to a purchaser who is a Prohibited Person or to purchasers where the purchase of such Tokens may be in violation of applicable laws. Accordingly, the Company cannot ensure that there will be any demand or market for the Tokens.

Even if secondary trading of the Tokens is facilitated by third party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third parties do ascribe an external exchange value to the Tokens (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile and/or diminish to zero. The Company has no oversight nor control over such secondary trading.

W. Inflation. Due to the nature and operation of blockchain protocols, the total amount of circulating Tokens could increase through the adoption of a new patch or upgrade of the source code. Any inflation in the quantity of the Tokens could adversely affect the market price of the Tokens, and consequently buyers may suffer economic losses. Neither the Company provides any guarantee that a participant would be compensated (in any manner) for such inflation.

8. Third-Party Providers And Services

A. The platform for claiming the tokens through this Airdrop Programme may be facilitated or conducted by, or contain software or services provided by, or links to, third-party services (“Third-Party Service”). We make no warranties or representations, express or implied, in respect of the availability, functionality or content of such Third-Party Service, and you agree that we shall not be liable for any loss or damages arising from or in connection with your use of any third-party services. You may be subject to the terms and policies of such relevant third-parties.

B. You agree that the Company shall not be liable for any loss or damages arising from your use of or the breach thereof of any Third-Party Service. We have no responsibility for any Third-Party Service that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. You are solely responsible for ensuring that your reliance or use of such Third-Party Service is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third-Party Service at any time without notice.

C. We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post is subject to the terms of use /terms of service and privacy policies of those platforms and related services. We have no control over such social media platforms or related services, and they are deemed Third-Party Services under these Terms.

9. Ownership of Intellectual Property

A. The Airdrop Site, the Airdrop Programme (and all materials or content relating thereto), including any Kaito Trademarks (defined below), media, web applications, mobile applications, software, computer code, metadata, materials, design, text, images, photographs, illustrations, animation, content, text, media files, artwork, graphic material, databases, proprietary information, graphics and visual effects, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all Intellectual Property Rights therein (all of the foregoing, individually and collectively, the “Kaito Assets”), are our property and/or where applicable, the property of our licensors or suppliers. The Airdrop Site and the Airdrop Programme may contain materials licensed by third-parties to the Company, and these third-parties may enforce their ownership rights against you in the event that you violate these Airdrop Terms. Nothing in these Airdrop Terms shall be interpreted as granting any license of Intellectual Property Rights of the Kaito Assets to you other than as explicitly set forth in these Airdrop Terms. You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any part of the Airdrop Site. You may not do anything that infringes, violates or misappropriates the exclusive rights belonging to us.

B. Under these Airdrop Terms, “Intellectual Property Rights” refer to patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. “Kaito Trademarks” means any and all logos, trademarks, service marks, and trade dress associated with the Airdrop Site and the Airdrop Programme, including the “Kaito” “Kaito AI” “Kaito Connect” “Yapper Leaderboard” “Yapper Launchpad” “Yapper” and “Yaps” names or products or service developed by us.

C. The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Airdrop Site and the Airdrop Programme are service marks, trademarks and/or trade dress that belong to us and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by us in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Airdrop Site, the Airdrop Programme, the Kaito Trademarks or the Company.

D. You may choose to submit comments, bug reports, ideas or other feedback about the Airdrop Site or the Airdrop Programme, including, without limitation, about how to improve the Airdrop Site, the Airdrop Programme, or any materials or content relating thereto through the email address provided at the end of these Airdrop Terms or support channels within the Airdrop Site (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

10. Data Protection and Privacy

A. In the course of your access and/or use of the Airdrop Site, or your participation in this Airdrop Programme, we may be required to collect, use, disclose and/or process certain data (including personal data) belonging to you. In this regard, we will collect, use, disclose and/or process your personal data in accordance with applicable data protection and privacy laws, and as set out in our Privacy Policy .

11. no fiduciary relationship or reliance

A. Your participation in the Airdrop Programme does not create any fiduciary, advisory, or agency relationship between you and us. We do not act as a fiduciary or advisor to any participant, and no information or communication from us should be interpreted as financial, legal, tax, or other professional advice.

B. Any decisions you make regarding your participation in the Airdrop Programme are solely at your own risk, and you should not rely on any statements information from us as a basis for making financial or legal decisions.

C. You are encouraged to seek independent advice from qualified professionals, including legal, tax, and financial advisors, to fully understand the implications of receiving and holding tokens and the potential risks involved.

12. Limited Warranty and Disclaimer

A. GENERAL:

i. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE AIRDROP SITE, THE AIRDROP PROGRAMME, THE KAITO PROJECT AND ECOSYSTEM AND THE TOKENS ARE PROVIDED ON AN “AS IS”, “UNDER DEVELOPMENT”, "WITH ALL FAULTS" AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ii. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR ACCESS AND USE OF THE AIRDROP SITE AND YOUR PARTICIPATION IN THE AIRDROP PROGRAMME AND FOR YOUR RECEIPT OF THE TOKENS. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR ACCESS AND USE OF THE AIRDROP SITE AND YOUR PARTICIPATION IN THE AIRDROP PROGRAMME MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF THE AIRDROP SITE AND YOUR PARTICIPATION IN THE AIRDROP PROGRAMME IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES, NOR ITS SUPPLIERS, THIRD PARTY PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) YOUR ACCESS AND USE OF THE AIRDROP SITE AND/OR YOUR PARTICIPATION IN THE AIRDROP PROGRAMME OR RECEIPT OF THE TOKENS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY IN THE COURSE OF THE AIRDROP PROGRAMME; (D) ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; (E) HUMAN ERRORS; (F) TECHNICAL MALFUNCTIONS; (G) FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; (H) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT ACCESS TO OR USE OF THE AIRDROP SITE OR PARTICIPATION IN THE AIRDROP PROGRAMME); (I) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; (J) INABILITY TO FULLY ACCESS THE AIRDROP PROGRAMME SYSTEMS; (K) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; (L) DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; (M) TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; (N) FAILURE TO RECEIVE, OR DELAY IN RECEIVING, ANY TOKENS; (O) INELIGIBILITY FOR ANY AIRDROP ROUND; (P) OR ANY OTHER MATTER RELATING TO THE AIRDROP SITE OR AIRDROP PROGRAMME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

iii. THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY DIGITAL WALLETS OR OTHER APPLICABLE BLOCKCHAIN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN OR COMPROMISED PASSWORDS OR SEED PHRASES OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY THE USERS; (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE AIRDROP SITE AND ANY FEATURE AND ANY CONTENT MADE AVAILABLE THEREON.

B. Limitations of Liability

To the fullest extent allowed by applicable law, the Company, its parent, subsidiaries, Third Party Providers and affiliates shall not be liable for any loss or damage arising out of your participation in this Airdrop Programme. The liability of the Company to you in connection with this Airdrop Programme shall not, under any circumstances, exceed USD$1, unless applicable law explicitly disallows this limitation, in which case the Company’s liability shall be limited to the fullest extent permitted by applicable law.

C. Indemnity

You hereby agree to defend and indemnify the Company, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by the Company arising out of or from any violation by you of these Terms.

D. Equitable Remedies

You agree that the Company would be irreparably damaged if the sections of these Terms were not specifically followed and enforced. In such an event, you agree that the Company shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach these Terms; and that the awarding of equitable relief to the Company will not limit its ability to receive remedies that are otherwise available to the Company under applicable laws.

13. Amendments and Variations.

A. Alterations to the Terms.

i. The Company’s Rights. The Company may create updated versions of these Airdrop Terms (each a “New Terms”) as its business and the law evolves.

ii. New Terms. These Airdrop Terms will terminate immediately upon the introduction of a New Terms. New Terms will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified the Company of a Dispute. If you do not wish to be bound by a New Terms, you must immediately cease using the Airdrop Site and participating in the Airdrop Programme. Your continued use of the Airdrop Site and participation in the Airdrop Programme after the Company has published any New Terms constitutes acceptance by you of the New Terms.

14. Term and Termination.

A. Term. These Airdrop Terms are effective upon your first access and use of the Airdrop Site and participation in the Airdrop Programme, and shall remain in effect until it is terminated or superseded by a New Terms, or, if neither of the foregoing events occur, as long as you continue using the Airdrop Site and participating in the Airdrop Programme.

B. Termination

i. The Company reserves the right to terminate these Airdrop Terms and your access to and use of the Airdrop Site and your participation in the Airdrop Programme at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most access and usage suspensions and terminations are the result of violations of these Terms. In case of minor violations of these rules, the Company may provide you with a prior warning and/or suspend your use of the Airdrop Terms and/or Airdrop Programme due to your non-compliance prior to terminating these Airdrop Terms.

ii. In the event of a termination of these Terms, you will continue to be able to access and use your Digital Wallet, but you may need to do so through means outside of the Airdrop Site (for example, a browser extension). In addition, you will not be able to use the Airdrop Site or participate in the Airdrop Programme. The Dispute Resolution provisions of these Airdrop Terms will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.

15. General

A. Entire Agreement. These Airdrop Terms, including any modifications that we may make from time to time, contain the entire agreement between you and us regarding the Airdrop Programme and supersede all prior communications or agreements between the parties regarding the Airdrop Programme.

B. Severability. If any term of these Airdrop Terms is or becomes invalid or unenforceable by any legislation to which it is subject to, it shall be deemed deleted to the extent of such invalidity or unenforceability, and it shall in no way affect or prejudice the validity or enforceability of the reminder of such term or the other terms of these Airdrop Terms. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

C. Assignment. None of your rights or duties under these Airdrop Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Airdrop Terms. Subject to the foregoing, these Airdrop Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

D. Headings. The headings of the sections of these Airdrop Terms are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections.

E. Waiver. No failure on the part of any Party to exercise and no delay on the part of any Party in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Airdrop Terms preclude any other or further exercise of it.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY

A. Applicability of this Dispute Resolution Policy. This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. To the fullest extent allowed by applicable law, you and the Company agree to submit all Disputes between us to individual, binding arbitration. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and the Company that relates to any aspect of our relationship, including, without limitation, your use or attempted use of the Airdrop Site or your participation in the Airdrop Programme, and all marketing related to them, any licensed content, and all matters arising under these Airdrop Terms, the Company’s Privacy Policy, or any other agreement between you and the Company, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into these Airdrop Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

B. Informal Negotiation Period. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Airdrop Terms, you and the Company agree to first attempt to negotiate any Dispute (except as set out in Section 16.F. below) informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Notice must be provided within one (1) year of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims.

ii. You will send your notice to the Company at Keyway Chambers, 3rd Floor, Quastisky Building, Road Town, Tortola, British Virgin Islands.

C. Binding Arbitration. If a Dispute cannot be resolved through negotiations, either you or the Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. The provision by you of a notice to the Company, containing all of the information referenced above, and your good-faith participation in the Informal Negotiation Period, are prerequisites to commencing arbitration.

i. Any dispute as to any matter arising under, out of or in connection with this Agreement (including but not limited to any question regarding its existence, validity or termination) shall be referred to and finally and exclusively determined by arbitration in the British Virgin Islands at the International Arbitration Centre of the British Virgin Islands (“BVI IAC”) in accordance with the Arbitration Rules of the BVI IAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The Tribunal shall consist of one arbitrator to be appointed by the Chairman (or equivalent position) of the BVI IAC. The language of the arbitration shall be English. The award by the arbitrator shall be valid, final and binding on each of the Parties. The Parties shall have the right to seek interim injunctive relief from a court of competent jurisdiction, both before and after the arbitrator has been appointed, at any time up until the arbitrator has made its final award. The Parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and the Company shall be responsible for their respective attorneys’ fees and expenses.

ii. THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. The arbitrator may not consolidate disputes against the Company by other individuals or entities unless the Company expressly consents to such consolidation. These Airdrop Terms provide no right or authority for any Dispute to be arbitrated, adjudicated, or resolved through proceedings on a class or representative basis or using class action procedures. The arbitrator may award any relief that is permitted by applicable law with respect to your individual claim, but to the maximum extent permitted by applicable law, may not award relief against the Company respecting any person other than you.

D. Class and Collective Action Waiver. To the fullest extent allowed by applicable law, you and the Company agree that neither you nor the Company may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration or for any non-arbitrable claim pursued in court. The arbitrator and any court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then entirely void. If any portion of these Airdrop Terms other than the class action waiver is found illegal or unenforceable, such portion shall be severed and the remainder of these Airdrop Terms shall be given full force and effect. Any Dispute subject to any such portion of these Airdrop Terms shall be decided by the arbitrator.

E. Governing Law. Unless these Airdrop Terms include express language to the contrary, all Disputes shall be governed by and construed under the laws of the British Virgin Islands without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This paragraph will be interpreted as broadly as applicable law permits.

F. Exceptions to Negotiations and Arbitration. You and the Company agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:

i. any Dispute seeking to enforce or protect, or concerning the validity of, any of the Company’s intellectual property rights;

ii. any Dispute related to, or arising from, claims that the other party has committed piracy;

iii. individual actions duly filed in a small-claims court of competent jurisdiction on a non-representative basis; any claim within the jurisdictional limits of the small claims courts;

iv. enforcement actions pursued through a governmental agency if permitted by applicable law;

v. the Company’s right to seek injunctive relief to preserve the status quo pending or during an arbitration.

Claims excluded from arbitration under this section are subject to the choice of law, forum selection, and jury waiver clauses set forth in these Airdrop Terms.

MiCA Whitepaper

MiCA Whitepaper — KAITO (KAITO)