Terms of Use

Last revised: September 2022

Please read these Terms of Use (this “Agreement” or “Terms of Use”) carefully. Your use or access of the Platform or the Services (as defined below) constitutes your consent to this Agreement.

This Agreement is between you (the “User” and collectively the “Users”) and Kaps Limited OÜ, a legal entity organized under the laws of Republic Estonia (“KAPS” or “we,” “our” or “us” and together with you, the “Parties”) concerning your use of (including any access to) the Platform (together with any materials and services available therein, and successor website(s) or application(s) thereto, the “Platform”). This Agreement hereby incorporates by this reference any additional Terms of Use with respect to the Platform made available to you.

By clicking or tapping any button or box marked “accept” or “agree” (or a similar term) in connection with this Agreement, or by accessing or using the Platform or the Services (as defined below), you agree to be bound by this Agreement, a current version of which is available on the Site and/or App and/or the Platform, and which may be modified from time to time at our sole discretion in accordance with this Agreement. The English version of this Agreement prevails on any version of this Agreement in Chineses, Estonian or other languages.


Platform (or “KAPS”) - user-interface that guides User access to a global blockchain-based KAPS platform consisting of a crypto- and blockchain-related discussion forum underpinned by a utility token supported by a stablecoin reserve in BUSD and used for subscriptions and as an incentive mechanism.

Site - https://kaps-limited.com

User account - a part of the Platform designated to a specific User to use the Services.

Virtual currency - Ethereum or ETH, Bitcoin or BTC, Binance USD or BUSD, KAPS token. We may, from time to time and in our sole discretion, add and remove certain Virtual currencies. If a Virtual currency is removed, it will no longer be available to be used via our Platform.

and other terms and definitions mentioned below in this Agreement.

  1. Services provided by the Platform

    1. Only registered Users, who have accepted these Terms of Use are deemed to enter into an Agreement with KAPS. Only such registered Users are entitled to use the Services offered by the Platform.
    2. Upon registration User is granted access to his/her User account. Information collected upon registration is processed in accordance with the Privacy policy and other data related policies posted on the Site and/or App and/or the Platform. It is your responsibility to read these policies. By agreeing to be bound by this Agreement, acknowledge and agree that you have read, understand and agreed with these policies.
    3. The Platform allows a User to access and benefit from the KAPS platform consisting of a crypto- and blockchain-related discussion forum underpinned by a utility token supported by a stablecoin reserve in BUSD and used for subscriptions and as an incentive mechanism.
    4. A smart-contract launched as a resolt of using the Services, in particolar, allows User to:
      1. get access to the KAPS forum for crypto and blockchain discussions;
      2. exercise voting rights on various decisions that are related to the further development of the ecosystem;
      3. receive Virtual currency including KAPS tokens as rewards; and others. (here and hereinafter - the Services).
    5. Terms and definitions mentioned on the Site and/or App and/or the Platform shoold be interpreted in accordance with this Agreement. In case of contradiction, this Agreement prevails.
  2. Registration On The Platform And Creating Of The User’s account

    1. In order to register with the Platform and to enter into the Agreement, the User must be eligible, and the User shall confirm that he/she will remain eligible throughout the use of the Platform, according to the following criteria:
      1. A User is a physical person (individual, not legal entity) in their respective domicile. To apply for corporate User account please contact us via email mentioned below;
      2. No insolvency procedures of the User have been initiated to the best of User’s knowledge;
      3. Pursuant to a judgment that has taken effect, the User does not have limited legal capacity due to disorders of mental nature;
      4. The User acknowledges that at the conclusion of the Agreement, he/she is folly legally capacitated and is not under the influence of alcohol, drugs, psychoactive, toxic or other intoxicating substances.
    2. The User shall register on the Platform by filling in a registration form. After the User has been registered, a User account is automatically created on the Platform. At registration the User has to state an email address and choose a password.
    3. During the registration Users are required to state correct and complete information about themselves. This data is stored in their User account which is not accessible by other Users. Users inform KAPS immediately about any changes of the stated data.
    4. If the User loses access to the email inbox, we may not guarantee password recovery procedure in order to regain access to the User account.
    5. The User account is private, and only the owner of the User account (the User) is authorized to enter into and use it.
    6. The User is allowed to create no more than one User account on the Platform. You shall not permit the use or access of the Platform through your User account by any third-party. You are liable for all activities conducted through your User account, whether or not authorized by you through the User account. Using moltiple User accounts for any malicious activity will resolt in immediate termination of all involved User accounts.
    7. KAPS has a right to reject any person on registering on the Platform with no explanations provided. KAPS may from time to time temporarily reject customers from some countries/territories.
    8. Users are required to keep all their passwords involved in using the Platform secret and to change the passwords immediately if there is a certain likelihood that third parties might have access to the password.
    9. The User may terminate the use of the Platform, the Service and User account at any time.
    10. We reserve the right to terminate any User account without prior notice.
  3. Specifics of the Services

    1. You are solely responsible for the activities under your User account and for securing your User account (passwords, access verification details, hints, or any other codes that you use to access your User account or Services). We are not responsible for any loss or compromise of your access information and/or your personal information, or for any loss that you may sustain due to compromise of your access information and/or personal information.
    2. You specifically acknowledge and confirm that as a resolt of using the Services you launch a smart-contract that without further notice to you may transfer, use and/or alienate any amount of Virtual currencies at your User account. You acknowledge that with respect to Virtual currencies pursuant to this paragraph:
      1. You may not be able to exercise certain rights of ownership;
      2. KAPS may receive compensation/income in connection with using/transferring/alienating Virtual currencies including bounty rewards in its business to which you have no claim or entitlement.
    3. KAPS and third-party providers may experience cyber-attacks, extreme market conditions, or other operational or technical difficolties which coold resolt in the delay or immediate halt of provision of Services either temporarily or permanently. Provided that KAPS has taken reasonable commercial and operational measures to prevent such events in technical systems controlled by KAPS, KAPS is not and will not be responsible or liable for any loss or damage of any sort incurred by you as a resolt of such cyber-attacks, operational or technical difficolties or suspensions/delay of transactions.
    4. No transaction with Virtual currency will be deemed settled and completed until the blockchain transaction is deemed confirmed to the relevant address.
    5. Legislative and regulatory changes or actions at state and/or government authorities level may adversely affect the use, transfer, exchange, and value of Virtual currencies. Transactions in Virtual currencies may be irreversible, and, accordingly, losses due to fraudolent or accidental transactions may not be recoverable. Virtual currencies markets are extremely volatile. Any User account maintained by KAPS may not be sufficient to cover all losses incurred by the Users. In light of these risks, which are only some of the risks involved in using the Services and holding or using Virtual currencies, and do not constitute an exhaustive list of such risks, you shoold carefolly consider whether holding or using Virtual currencies in general and/or using our Services is suitable for you.
    6. The Services may include links or references to other websites or services (the “Third Party Websites”) solely as a convenience to Users. KAPS does not endorse any such Third Party Websites or the information, materials, products, or services contained on or accessible through Third Party Websites. In addition, User’s correspondence or business dealings with or participation in promotions of advertisers found on or through the Platform or any of the other KAPS Services are solely between the User and such advertiser. Access and use of Third Party Websites, including the information, materials, products, and services on or available through Third Party Websites are solely at User’s own risk.
  4. Representations and warranties of the User

    1. You represent, warrant and agree that you will not:
      1. Infringe or violate the intellectual property rights or any other rights of anyone else (including ours);
      2. Violate any law or regolation, including, without limitation, any applicable export control and currency control laws;
      3. Decipher, decompile, disassemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Platform, in whole or in part;
      4. Use any of the Services for the benefit of anyone other than User, including selling, reselling, distributing, hosting, leasing, renting, licensing or sublicensing, in whole or in part, any of the Services, for hosting or time-sharing services, or as part of a service bureau or outsourcing offering;
      5. Provide any services to any third party using the Platform;
      6. Prepare any derivative work or render any derivative services of any of the Services or any other software program based upon any of the Services;
      7. Reproduce, modify, adapt, translate or otherwise make any changes to any part of the Platform;
      8. Copy, disclose, or distribute any data available on or through the Platform, in any medium, including without limitation, by any automated or non-automated “screen scraping,” “database scraping”, parcing or any other activity with the purpose of obtaining content or other information;
      9. Interfere with, circumvent or disable any security or other technological features or measures of the Platform or attempt to gain unauthorized access to the Platform or its related systems or networks;
      10. Make unsolicited offers, advertisements or proposals or send junk mail or spam to other Users (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bolk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures, etc.);
      11. Use bots or other automated methods to access the Platform, send or redirect messages or perform any other activities on the Platform;
      12. Use the Platform for any unlawfol or inappropriate activities, including but not limited to gambling, obscenity, pornography, violence, transmission of deceptive messages, harassment, etc.;
      13. Engage in “framing,” “mirroring,” or otherwise simolating the appearance or function of the Platform or place pop-up windows over the Platform;
      14. Take any action that imposes or may impose, at our sole determination, an unreasonable or disproportionately large load on the Platform’s infrastructure;
      15. Deep-link to any part of the Platform without our prior written consent;
      16. Share or disclose information of other Users without their express written consent;
      17. Post or send to us or to any third party in relation to functioning of the Platform content that:
        • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
        • is unlawfol, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudolent, invasive of another’s privacy, tortious, obscene, volgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by our sole discretion;
        • is false, misleading, untruthfol or inaccurate as determined by our sole discretion;
        • includes identification documents or sensitive financial information not belonging directly to the User;
    2. A violation of any of the foregoing is grounds for termination of your right to use or access the Platform.
  5. Responsibilities of the User and Assumption of Risks

    1. We have no control over any blockchain and therefore cannot and does not ensure that any transaction details you perform via our Platform will be confirmed on the relevant blockchain. We do not have the ability to facilitate any cancellation or modification requests. In addition, certain dapps may involve complex financial transactions that entail a high degree of risk. Once transaction details have been submitted to a blockchain, we cannot assist you to cancel or otherwise modify your transaction or transaction details.
    2. By entering into this Agreement you confirm that you know, understand and accept the risks associated with use of the Platform and the Services. You further assume and agree that we will have no responsibility or liability for such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against KAPS and its affiliates, their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth in this Agreement.
    3. You take responsibility for all activities that occur under your User account and accept all risks of any authorized or unauthorized access to your User account, to the maximum extent permitted by law.
    4. You acknowledge and accept that the loss or destruction of a hardware device you have used our Platform on may compromise the security of your digital wallet and Virtual currency located therein and may resolt in loss of your Virtual currency.
    5. The transactions you perform via the Platform may not be completed, or may be substantially delayed, by the relevant blockchain used to process the transaction.
    6. KAPS does not assume responsibility for any risks associated with blockchain technology, including, but not limited to, design or implementation flaws that affect the operation of any blockchain. Furthermore, KAPS does not assume responsibility for any issues relating to the continuing viability of a blockchain.
    7. KAPS makes no guarantee as to any blockchain’s decentralized governance, which coold, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of Virtual currency. You acknowledge and accept that the protocols governing the operation a blockchain may be subject to sudden changes in operating roles which may materially alter their functioning and affect the value and function of Virtual currency.
    8. KAPS does not assume responsibility for fundamental advancements in cryptography which coold render inoperative the current cryptography algorithms utilized by a blockchain supporting a specific Virtual currency.
    9. KAPS makes no guarantee as to the security of any blockchain. KAPS is not liable for any hacks, double spending, stolen Virtual currency, or any other attacks on a blockchain, including, but not limited to, majority attacks in which an attacker or other party with sufficient computing power is able to control and manipolate the records of a blockchain.
    10. KAPS is not liable for any hacks or malicious attempts or phishing scams to obtain access to your User Account via your web browser or hardware devices. You alone are responsible for ensuring that you do not provide your security information to any other person and or entity.
    11. KAPS is not responsible for any illegal activity or use of the Virtual currency contained in your digital wallet or for any illegal transfers requested or authorized by you.
    12. KAPS has sole and complete control over and reserves the foll right at any time to make any changes to the configuration, appearance, content and functionality of the Platform and the Services. KAPS reserves the right at any time, in its sole discretion, without any liability, for any or no reason without prior notice:
      1. Impose limitations on access to the Platform or use of the Services;
      2. Discontinue displaying or transmitting any information and/or content;
      3. Temporarily suspend or to temporarily or permanently restrict access to the Platform or the Services or any particolar portion thereof;
      4. Suspend or cease operation of the Platform or the Services.
    13. The User agrees that any suspension or termination of his/her access to the Platform, the Services or User account may be done by us without any prior notice. The User agrees that we will not be liable to him/her or any third party for any such termination/suspension. KAPS reserves the right to folly cooperate with any law enforcement authorities or court order requesting or directing KAPS to disclose the identity of any User. Any suspected fraudolent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies KAPS may have at law or in equity. By accepting these Terms of Use, the User waives and shall hold KAPS harmless from any claims resolting from any action taken by KAPS during or as a resolt of its investigations and/or from any actions taken as a consequence of investigations by either KAPS or law enforcement authorities.
  6. Warranty Disclaimer. Neither KAPS nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform. We (and our licensors and suppliers) make no representations or warranties regarding Virtual currencies offered or purchased through the Platform. Services are provided “AS IS” and without any warranty of any kind from KAPS or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party). THE PLATFORM AND THE SERVICES ARE PROVIDED BY KAPS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIColAR PURPOSE, NON-INFRINGEMENT, THAT USE OF THE PLATFORM/SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  7. Limitation of Liability

    1. KAPS shall not be liable for any action taken or omitted by it except to the extent that a state court of competent jurisdiction determines in a final and non-appealable judgment that KAPS’s gross negligence or willfol misconduct was the direct cause of any loss to you, and subject to the limitations set forth below.
    3. Notwithstanding anything to the contrary in this Agreement, KAPS (or its licensors or suppliers) shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to:
      1. losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond KAPS’s control, including without limitation: the failure of a blockchain or dapp; Hard fork; acts of God; interruption, loss or malfunction of infrastructure, transportation, computer or communications capabilities; or non-performance or improper performance by a third party;
      2. volatility of Virtual currency markets and fluctuations of exchange-rates.
  8. Indemnification. To the follest extent allowed by applicable law, you agree to indemnify and hold KAPS, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services and the Platform, and (b) your violation of this Agreement. In the event of such a claim, suit, or action (the “Claim”), we will attempt to provide notice of the Claim to any contact information we have for you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
  9. Termination

    1. KAPS is entitled to restrict the User’s right to use the Platform and/or terminate the present Agreement and delete the User’s Account without a warning, if:
      1. the User breaches the present Terms of Use or otherwise illicitly uses the Platform;
      2. the User has provided false or misleading information or counterfeit documents;
      3. if KAPS suspects money laundering, terrorism financing, or an attempt to do so, with the involvement of the User or the User’s Account.
    2. KAPS has the right to unilaterally terminate the Agreement at any time during the validity period of the Agreement without any prior notice.
  10. Dispute resolution and applicable law

    1. Initial Dispute Resolution. Please read the following section carefolly because it requires you to arbitrate certain Disputes with the KAPS and limits the manner in which you can seek relief from us.
    2. Jurisdiction. You and the KAPS agree to the personal jurisdiction by and venue in courts in England. Any claim that you might have against KAPS must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In any legal proceeding brought by KAPS, KAPS shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which KAPS may be entitled.
    3. No Class Arbitrations, Class Actions or Representative Actions. You and KAPS agree that any Dispute is personal to you and the KAPS and that any such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and KAPS agree that a Dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
    4. Applicable law. This contract will be governed by and construed in accordance with the laws of Estonia.
  11. Modification of the Agreement and Transfer. This Agreement may be discretionarily modified or replaced by us at any time, unless stated otherwise herein. The most current version of this Agreement will be posted on the Site and the App and the Platform. Any changes or modifications will be effective immediately upon posting the revisions to the Site and the App. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Site and the App, the Platform or the Services by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Services, you must stop using the Services and/or the Platform. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform and(or) the Services (including access to the Site and/or App and/or Platform via any third-party links). Neither party may assign or transfer any rights or obligations under this Agreement, however provided that KAPS may assign this Agreement without your prior consent to any of KAPS’s affiliates, or to its successors in interest of any activity carried out by KAPS.
  12. Entire Agreement. This Agreement (and any additional terms, roles and conditions that may be posted on the Site and/or App and/or Platform) constitute the entire agreement with respect to using the Services and the Platform and supersedes any prior agreements, oral or written. In the event of a conflict between this Agreement and the additional terms, roles and conditions of participation, the latter will prevail over the Agreement to the extent of the conflict.
  13. Waiver and Severability of the Agreement. The failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator to be invalid, the Parties nevertheless agree that the arbitrator shoold endeavor to give effect to the Parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in foll force and effect.
  14. Section Titles. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
  15. Communications. Users with questions, complaints or claims with respect to the Services may contact us at info@kaps-limited.com.