Please read these terms of service (“Terms”) carefully. These Terms are between you and KaliCo LLC (“KaliCo,” “we,” “us,” or “our”) concerning your use of KaliCo’s site, currently located at kali.gg (the “Site”) which acts as a front-end to the decentralized KaliCo protocol. These Terms apply to you (“You,” or “User”) as a user of the Site and KaliCo front-end, including all the products, services, tools and information made available on the Site, such as Wrappr and Keep.
By using the Site, you agree to these Terms.
Certain features on the site may be offered while still in experimental or “beta” form (“Beta Services”). By accepting these Terms or using the Beta Services, You understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES.
You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that as a User, you have the legal authority to bind the company or other legal entity to these Terms and you are at least 18 years old or the age of majority where you reside, whichever is older, can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms.
You are advised to check these Terms periodically to familiarize yourself with any changes to the Terms. KaliCo in its sole discretion, reserves the right to make changes to our Terms. Changes are binding on Users of the Site and will take effect immediately upon posting. As a User, you agree to be bound by any changes, variations, or modifications to our terms of service and your continued use of the Site shall constitute acceptance of any such changes, variations, or modifications.
KaliCo provides access to a decentralized organizational application (“Application”) on the Ethereum blockchain and other compatible networks ("Ethereum"), that allows individuals to pool and manage Ethereum assets (“Cryptocurrency assets”) and transact using smart contracts (“Smart Contracts”). These pooled Cryptocurrency assets are created and managed by specific Users who organize using the Application (“Managers”).
Using the KaliCo protocol may require that you pay a fee, such as gas charges on the Ethereum network to perform a transaction. You acknowledge and agree that KaliCo has no control over any transactions over KaliCo protocol, the method of payment of any transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your KaliCo protocol-compatible wallet address (“Cryptocurrency Wallet”) to complete any transaction on the KaliCo protocol or the Ethereum network before initiating such transaction.
Access to the Site is provided “AS IS” and “as available” basis only. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance.
We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the site, at any time and in our sole discretion.
We may suspend or disable your access to the Site if we consider it reasonable to do so.
We may remove or amend the content of the Site at any time. However, some of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
We will not be liable to you for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason.
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the site.
As a condition to accessing or using the Site, you:
As a condition to accessing or using the Site, you will not:
You acknowledge that the Site and your use of the Site contain certain risks, including without limitation the following risks:
Accordingly, you expressly agree that:
Due to the nature of a Manager’s activities on the Site, there is the potential that Managers will need to comply with the Investment Advisers Act of 1940 (“Advisers Act”). It is the obligation of the Manager to make this determination and take appropriate actions to comply with the Advisers Act if necessary.
The creation of a pool of Cryptographic Assets may subject the Manager and the pool to registration under the Securities Act of 1933 (“Securities Act”) and the Investment Company Act of 1940 (“Investment Company Act”) . It is the obligation of the Manager to make this determination and take appropriate actions to comply with the Securities Act and Investment Company Act if necessary.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you use the Site, you expressly represent that you are not located in a Sanctioned Country or is listed as an SDN. If KaliCo determines that the Site is being used by prohibited persons, it will take any and all actions to terminate that User’s access to the Site.
The Site may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
We are the owner of all intellectual property rights in the Site and the material published on them. These works are protected by copyright laws and all such rights are reserved. http://kalidao.xyz/ is the uniform resource locator (“URL”) of KaliCo. You will not make use of this URL on another website or digital platform without our prior written consent. You agree not to monitor, use or copy our web pages without our prior consent. Any unauthorized use or reproduction may be prosecuted.
You will retain ownership of all copyright in data you upload or submit to the Site. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute or publish and send this data in any manner.
To the fullest extent permitted by law, in no event will KaliCo be responsible to you for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special consequential, exemplary, or punitive damages. This will be whether or not the KaliCo warned of the possibility of such damages. Notwithstanding anything to the contrary in these terms, nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by gross negligence.
You agree to defend, indemnify and hold harmless KaliCo, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.
We cannot promise that the use of the Site, or any content taken from the Site, will not infringe the rights of any third party.
Certain content and materials available on the Site are for informational purposes only and is not intended to address your particular requirements. In particular, the content and materials available on the Site does not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell investments, securities or any other financial services and is not intended to be relied upon by you in making any specific investment or other decisions. We recommend that you seek independent advice from financial advisory before making any such decision.
Nothing included in the site constitutes an offer or solicitation to sell, or distribution of, investments and related services by KaliCo to anyone in any jurisdiction.
You may only participate with Smart Contracts on the Site by linking your Cryptocurrency Wallet on supported bridge extensions such as MetaMask (https://metamask.io/). MetaMask is an electronic wallet, which allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. Before putting up your Cryptocurrency Asset into a Smart Contract, you will be required to download a supported electronic wallet extension and connect and unlock your Cryptocurrency Wallet with that extension.
If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.
All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.
These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the site, KaliCo and the services provided via the site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.
Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Delaware in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one or three; the seat of the arbitration shall be determined by the arbitrator(s); the arbitral proceedings shall be conducted in English. The applicable law shall be Delaware.
With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all disputes, controversies or claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and KaliCo are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind.
Should you have any question about these Terms, or wish to contact us for any reason whatsoever, please do so by sending us an email at firstname.lastname@example.org.