Terms & Condition

Last Updated: February 2024

These Terms apply between Kmintings and you, the person accessing or using the Platform (“User”, “you” or “your”). These Terms form a legally binding contract between Kmintings and you.

By agreeing to our Terms, you confirm that you have read, understood, and accepted the respective Terms. If you do not agree to the Terms or it would be unlawful for you to use the Platform, you should not provide your consent and you are not entitled to use the Platform.

By utilizing the Platform, you explicitly acknowledge and accept the potential risks linked to digital assets. Kmintings holds no responsibility for any adverse outcomes resulting from your use of the Platform. Any content is provided for your general information purposes only and to inform you about the Platform, our products, features, services, and other third-party partners (the “Third-Party Partners”), and Third-Party Partners’ websites that may be of interest. The information provided here by Kmintings does not constitute technical, investment, financial, or legal advice or any other type of recommendation. You should always use your own independent judgment, due diligence, and own research when using the Platform and its content.

These Terms may be made available in several languages for informative purposes only. In case of any inconsistency between the English version and a translated version, the English version prevails.

1. DEFINITIONS

1.1. “2access” is an intermediary platform that operates as a unified sign-on system enabling Users to access Third-Party Partners services and products offered on their platforms, which encompasses platforms.

1.2. “Account” means the Account created on the Kminting’ Platform.

1.3. “Credentials” means your username and passwords (including but not limited to any PIN) for your Account.

1.4. “Devices” means the device, such as laptop, mobile handsets, tablets or any other applicable device, on which you will use the Kmintings Account.

1.5. “Detected Users” refers to users who may be using the Platform in restricted jurisdictions, who are subsequently detected by Kmintings’ systems, as described in clause 2.3.

1.6. “Third-Party Partner” means the service providers, product developers and third-parties with which we have service agreements to maintain the Kmintings Platform to the Users and community members. However, each one is governed by their own terms and policies. Kmintings does not exercise any control or management over these Third-Party Partners websites, products and/or services. Users should display her/his/their own due diligence to read and understand each one of the legal documentation governing those products and services.

1.7. “PIN” means the personal identification number used to access your Account, or used for the provision of the Services.

1.8. “Service/s” means the products and services provided within Kmintings.

1.9. “Kminting’ Platform” or “Platform” shall be understood as an internet portal and its Application Programming Interfaces (API), functioning as a marketplace for Users looking to check and acquire Services from the Sellers.

1.10. “Minter” refers to the Users who create (Mint) new tokens or who create and authenticate a digital representation such as Non-Fungible Tokens (NFTs).

1.11. “Seller/s” shall be understood as the company that sells Services on Kminting’ Platform.

1.12. “User” means an individual who has reacted an Account to use the Platform, further described in clause 2.1.

2. ELIGIBILITY

2.1. User refers to either a natural person who is at least 18 years of age, possessing legal capacity and the requisite authority to agree to these Terms, or a legal entity with the necessary authorization to enter into these Terms.

2.2. Eligibility requirements for accessing certain Third-Party Partner websites may vary. Some of these Third-Party Partner websites may allow minors to access their services. Users should carefully review and comply with the specific terms and conditions, age restrictions, and guidelines in each Third-Party Partner website. Kmintings is not liable for any disparities in eligibility criteria among the Third-Party Partner websites. Users are encouraged to contact the particular Third-Party Partner website directly for clarification on their access policies. Your access to Third-Party Partner websites through the Platform is contingent upon your compliance with the respective Third-Party Partner website's terms and conditions, as well as any applicable laws and regulations in your jurisdiction.

2.3. We reserve the right to reject, suspend or terminate without notice, the Account of any Detected Users who are resident in countries related to persons/entities, whether directly or indirectly, that are listed on any OFAC and/or FATF political and economic sanctions list, as may be updated from time to time.

2.4. If a User decides to use products or services available on Third-Party Partner websites, being geographically located in countries sanctioned by OFAC or FATF, the User automatically becomes obliged to follow all local and/or international regulations, subject to the sanctions provided for in the respective lists.

2.5. All Users originated from jurisdictions with any type of domestic and/or government restrictions on blockchain-related businesses are fully liable to comply with applicable regulations thereon, otherwise they may be subject to legal consequences derived from inobservances of such applicable regulations.

3. KMINTINGS’ PLATFORM

3.1. To use all Services and to engage in the minting process using the Devices, the User has to register and create an Account on the 2access platform.

3.1.1.The Account will provide the User access to the online dashboard of their User profile (“Minting Portal”).

3.1.2.In registering for the Account, you confirm that use of the Platform and Services will not violate any agreements, obligations, laws, or regulations applicable to you.

3.1.3.Sellers within Kmintings will provide Services only to registered Users and in accordance with the applicable laws and regulations whose identity has been verified and who have passed the customer due diligence process on the 2access platform and Kminting’s Platform.

3.1.4.As part of the registration process, we may request identification and details about you and your activities. Additionally, you will be required to submit specific documents that substantiate the information provided. Furthermore, we retain the authority, and in certain instances, the responsibility, to seek information from either public or private registries, or alternative sources, or involve third-party service providers to validate the accuracy of the information you have supplied. Such information may be shared with these entities. By accepting these Terms, you affirm the authenticity, accuracy, and entirety of the information you provide during the registration process and throughout the duration of our association.

3.1.5.Users shall acknowledge that the decision to accept or decline their registration as a User is solely at our discretion. Notification of this decision will be communicated via the Platform directly or via the email address provided during the registration process. It is the User's responsibility to furnish a valid and operational email address.

3.1.6.The User shall also have the obligation to promptly update any changes to the information provided during the Account opening process. Maintaining the continual accuracy and integrity of this information holds significant importance for both us and the smooth operation of the Platform.

3.2. The User is solely entitled and responsible for her/his/their choice on the protocol and token(s) they aim to mint. Therefore, Kmintings are not liable for any of the consequences linked to the User’s decisions thereon.

3.3. Kmintings is a platform provider of licensed products available on the Platform. The contract formed at the completion of a purchase is solely between the User and the Seller ("Seller"). For the avoidance of doubt, Kmintings only provides a platform where third party entities can list their goods, services, and other products. Kmintings intermediates in the transaction, providing security to the User and the Seller, but it shall never be regarded as the buyer nor the seller. In addition to these Terms, the User shall have other contractual relationships with different entities that offer Services on Kmintings’ Platform.

4. ACCOUNT

4.1. As a condition of your use of the Platform, you agree not to:

4.1.1.Misuse or attack the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful (such as but not limited to denial-of-service attack);

4.1.2.Post false, inaccurate, misleading, defamatory, unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable content on the Platform through or on our functionalities and in any other kind of social media platforms or private websites;

4.1.3.Use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any content of the Platform not owned by you in a way that violates someone else’s rights;

4.1.4.Conduct illicit transactions and hold a wallet that has any direct or indirect links and exposure to any sanctions, terrorist financing, child abuse, scam, fraud, or fraud service categories and/or hops.

4.1.5.Attempt to gain unauthorized access to the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

4.1.6.We reserve the right at our sole discretion, to limit your access to the Services (or to its certain functions) or to fully terminate your access in case of repeated breach of these Terms or to take other measures to ensure compliance with applicable law or protection of third-party rights and interests;

4.1.7.The User hereby acknowledges and agrees that they shall not, under any circumstances, engage in the direct or indirect purchase of Accounts belonging to other Users on the Platform. Violation of this clause shall constitute a material breach of these Terms and may result in the immediate termination of the User's access to the Platform; or

4.1.8.The User hereby acknowledge and agrees that having it’s access to the Platform terminated by any reason, may lead to loss of all of the assets related to your Account without any kind of rights and/or reparation against the Platform, it’s shareholders, directors, employees, partner or any kind of associated entity.

4.2. We retain the right to suspend or terminate your Account or Services on the Platform, or if necessary, report individuals to the appropriate authorities, and invoke remedies as permitted by applicable laws in cases where prohibited activities are identified.

5. FEE, PRICES, PAYMENT AND RETENTION

5.1. The User understands and agrees that participating in the minting services offered by certain Sellers and the withdrawals of any of the token minted using the Kmintings’ Platform are subject to an annual subscription fee of €15 for each Minter, or proportionally according to the portion of the Minter the Users owns.

5.2. The User agrees that in some cases, the transaction amount will also include fees, charges and value added tax (VAT) as may be applicable in the relevant jurisdiction payable on such transaction and it is the User’s responsibility prior to approving the processing of a transaction to review the amount(s) of such transaction.

5.3. Kmintings reserves the right to amend or change any fee or charge applicable to the Services without prior notice to the User. It is the Users responsibility to periodically check the Platform and the Kmintings website for up to date information regarding fees. Kmintings will not be liable for any losses, costs, damages or any other form of damage caused by its changes to fees or charges.

5.4. Unless expressly stated otherwise, all prices published on Kmintings’ Platform are exclusive of taxes of any nature. Users shall be liable to comply with its relevant local applicable tax laws and regulations when acquiring the Services. Users are solely responsible for any applicable taxes which may be payable for purchasing in Kmintings’ Platform.

5.5. The User shall bear and incur all supplementary costs (e.g., shipping costs, packaging costs, surcharges for certain means of payment, transport guarantee / insurance, services) which are not included in the price and can also be subject to changes, errors and misprints. Kmintings reserves the right to amend or add any charges or surcharges on individual payment options.

5.6. Kmintings reserves the right to change the price of Services sold through the Platform at its sole discretion. If a Service is acquired, the User shall not be affected by the increase or reduction of the price unless it was clearly mispriced. Kmintings shall bear the burden of proof if there was a Service mispriced.

5.7. In case of transactions involving digital currencies or tokens, the User must be the beneficial owner of the digital currency, the sending address or the destination address for each transaction. The given addresses shall not be associated with terrorism, fraud, scam or any type of illegal activity.

5.8. Kmintings has the right to accept, refuse to process, to cancel or to reverse any transaction from the User at its sole discretion without being held liable to the User for any loss or damage that may be caused.

6. BLOCKCHAIN ASSOCIATED RISKS

6.1. By accessing the Platform, you are further acknowledging that you are aware of the all risks associated with the use of these Services and with engaging in transactions in cryptocurrencies, including, but not limited to, risks of financial loss, technology glitches (including, but not limited to, problems with the blockchain technology), and hacking. We diligently strive to furnish state-of-the-art systems and implement robust security measures. Nonetheless, certain issues and risks are unavoidable. If such issues or problems arise in connection with your use of the Platform, resolution timelines may vary, and certain issues may remain unresolved. By agreeing to these Terms, you acknowledge that Kmintings is not responsible for the aforementioned risks on the Platform.

6.2. You assume the risks of engaging in transactions that rely on smart contracts and other experimental technology. Transactions may rely on smart contracts stored on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. You agree and acknowledge that Kmintings will not be liable for any such adversities.

6.3. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a total loss of digital assets, their market value, or digital funds. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to interact with the Platform. Kmintings is not liable for any such risks.

6.4. You agree to the automated collection and disbursement of proceeds by smart contracts. You acknowledge and agree that all transactions accessed through the Services will be automatically processed using one or more blockchain-based smart contracts. By engaging in transactions using the Services, you acknowledge and consent to the automatic processing of all transactions in connection with using the Services. You further acknowledge and agree that the applicable smart contract will dictate how the funds of a transaction and ownership of digital assets are distributed.

6.5. You are solely responsible for assessing the Services prior to utilization, and all transactions facilitated through the Services are irreversible, conclusive, and non-refundable. The Services may be disabled, disrupted, or adversely affected by sophisticated cyber-attacks, increases in activity, computer viruses, and/or other operational or technical challenges, among other factors. We explicitly disclaim any ongoing obligation to notify you of all potential risks associated with using and accessing the Services. By utilizing the Services, you acknowledge and accept these risks, and you agree not to hold Kmintings liable for any resulting losses.

6.6. The User is solely entitled and responsible for her/his/their choice on the protocol and token(s) they aim to mint. Therefore, the Kmintings are not liable for any of the consequences linked to the User’s decisions thereon.

7. YOUR PRIVACY AND PERSONAL INFORMATION

7.1. Your privacy and personal information are important to us. For further details you can check our Privacy and Cookies Policy.

8. LINKS TO THIRD-PARTY PARTNER WEBSITES

8.1. The Platform may contain hyperlinks or references to Third-Party Partner advertising and Third-Party Partner websites other than the Platform. Any such hyperlinks or references are provided for your convenience and information only. We have no control over Third-Party Partner advertising or Third-Party Partner websites and you understand and acknowledge that we have no legal responsibility for any content, material, or information contained in them. The display of any hyperlink and reference to any Third-Party Partner advertising or Third-Party Partner websites does not mean that we endorse that Third-Party Partner’s websites, products, or services. Your use of a Third-Party Partner platform may be governed by the terms and conditions of that third-party platform and is at your own risk.

9. FORCE MAJEURE

9.1. We shall not be held liable if we fail to comply with these Terms due to circumstances beyond our reasonable control, including but not limited to the provisions outlined in this clause. In no event shall Kmintings be responsible for inaccuracies, errors, delays, omissions, Service disruptions, or interruptions in the Services, whether in transmission or delivery of information as required by these Terms. Such circumstances include but are not limited to, forces beyond the reasonable control of the Kmintings, such as, governmental actions, acts of terrorism, war, fires, disruptions in telecommunications or internet services, network provider issues, software malfunctions, network-wide compromises, hacking, strikes, labor disputes, accidents, civil or military disturbances, or other catastrophic events.

10. LIMITATION OF LIABILITY

10.1. Except to the extent prohibited by law and regardless of whether we were advised of the possibility of such damages, we do not assume any liability for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever arising from or in connection with the Platform including but not limited to loss of profits or revenues, loss of data, loss of assets, use of the Platform or Third-Party Partner website, our liability for any claim arising out of or related to the Platform shall not exceed the value of the assets available in your Account, at the time of its loss, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or any other cause of action or legal or equitable theory.

11. DISCLAIMERS

11.1. There is a risk that we may be temporarily or permanently unable to provide access to the Platform and thus also to the Services. The Platform is provided “as is” and “as available”. We and our Third-Party Partner websites, expressly disclaim all representations or warranties of any kind, whether express, implied, statutory, or otherwise about the Platform and Services, including, without limitation, any implied warranties of merchantability for a particular purpose, non-infringement or course of performance.

11.2. Kmintings does not warrant that (i) the Platform will function uninterrupted, secure, or available at any particular time or location, or will be error-free or free of harmful components; (ii) any errors or defects will be corrected; (iii) the Platform is free of viruses or other harmful components; (iv) any content and data will be secure or not otherwise lost or damaged; (v) the results that may be obtained from the use of the Services will be accurate or reliable; or (vi) the results of using the Platform will meet your requirements or expectations.

12. ASSUMPTION OF RISK

12.1. By accessing or using any Services, you are further acknowledging that you are aware of the all risks associated with the use of these Services and with engaging in transactions in cryptocurrencies, including, but not limited to, risks of financial loss, technology glitches (including, but not limited to, problems with the blockchain technology), and hacking. We diligently strive to furnish state-of-the-art systems and implement robust security measures. Nonetheless, certain issues and risks are unavoidable. If such issues or problems arise in connection with your use of the Platform, resolution timelines may vary, and certain issues may remain unresolved. By agreeing to these Terms, you acknowledge that Kmintings is not responsible for the aforementioned risks on the Platform.

12.2. You assume the risks of engaging in transactions that rely on smart contracts and other experimental technology. Transactions may rely on smart contracts stored on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. You agree and acknowledge that Kmintings will not be liable for any such adversities.

12.3. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a total loss of digital assets, their market value, or digital funds. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to interact with the Platform. Kmintings are not liable for any such risks.

12.4. You agree to the automated collection and disbursement of proceeds by smart contracts. You acknowledge and agree that all transactions accessed through the Services will be automatically processed using one or more blockchain-based smart contracts. By engaging in transactions using the Services, you acknowledge and consent to the automatic processing of all transactions in connection with using the Services. You further acknowledge and agree that the applicable smart contract will dictate how the funds of a transaction and ownership of digital assets are distributed.

12.5. XERA has the right to terminate your participation in the Services at any time with immediate effect in the event of intentional or inadvertent (i) unfair or fraudulent acts or practices, such as unfair competition, unfair advantage or any likelihood of confusion, and/or (ii) due to unfair, deceptive, untrue or misleading practices, such as inducing to enter into actions with untrue or misleading statements

12.6. You are solely responsible for assessing the Services prior to utilization, and all transactions facilitated through the Services are irreversible, conclusive, and non-refundable. The Services may be disabled, disrupted, or adversely affected by sophisticated cyber-attacks, increases in activity, computer viruses, and/or other operational or technical challenges, among other factors. We explicitly disclaim any ongoing obligation to notify you of all potential risks associated with using and accessing the Services. By utilizing the Services, you acknowledge and accept these risks, and you agree not to hold Kmintings liable for any resulting losses.

13. ACCURACY OF THE INFORMATION ON THE PLATFORM

13.1. We endeavor to ensure the accuracy, currency, and bug-free nature of the Platform; however, we shall not be held responsible for any failure attributable to causes beyond our control. Additionally, we cannot guarantee that the Platform is suitable for any specific purpose. Your reliance on the information provided on the Platform is at your own risk.

13.2. We reserve the right to suspend or terminate access or operation of the Platform at our discretion. Any content on the Platform is for general informational purposes only, providing information about us, our products, news, features, services, and other Third-Party Partner websites that may be of interest. However, this content has not been tailored to your specific requirements or circumstances and does not constitute technical, financial, legal advice, or any other type of advice. It should not be relied upon for any purpose. You should exercise your independent judgment when using the Platform and its content.

13.3. While we make efforts to ensure the availability of the Platform for your use, we do not guarantee uninterrupted access or continuous availability.

14. INDEMNIFICATION

14.1. The User, herein referred to as the "Indemnifying Party," agrees to indemnify and hold harmless Kmintings, its officers, directors, employees, and affiliates, herein referred to as the "Indemnified Parties," from and against any and all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) incurred by the Indemnified Parties in connection with or arising out of (i) Any misuse, unauthorized access, or breach of security related to the cloud minting services provided by Sellers, including but not limited to the Indemnifying Party's failure to maintain the security and confidentiality of access Credentials. (ii) Any claims alleging that the minted tokens or related assets, including their creation, distribution, or use, infringe upon the intellectual property rights of any third party. (iii) Any violation of applicable laws, regulations, or governmental requirements by the Indemnifying Party related to their use of the Platform. (iv) Any data breaches or security incidents involving the Indemnifying Party's data or information stored or transmitted through the Services. (v) Any negligent acts or omissions, misrepresentations, or breaches of these Terms by the Indemnifying Party.

14.2. The Indemnifying Party's indemnification obligations are contingent upon the Indemnified Parties:

14.2.1. Promptly notify the Indemnifying Party of any claim or potential claim subject to indemnification.

14.2.2. Cooperating fully with the Indemnifying Party in the defense or settlement of any such claim.

14.2.3. Allowing the Indemnifying Party to control the defense and settlement negotiations, provided that the Indemnifying Party acts reasonably and in good faith.

14.3. The Indemnifying Party shall not have any obligation to indemnify the Indemnified Parties for any settlement or compromise of a claim made without the Indemnifying Party's written consent.

14.4. This indemnification clause shall survive the termination or expiration of these Terms. The Indemnifying Party's indemnification obligations herein are not subject to any limitation of liability or exclusion of consequential damages set forth in these Terms. This clause is a material provision of these Terms, and both parties acknowledge and agree to its significance.

15. MODIFICATION

15.1. We are consistently engaged in the ongoing development and improvement of the Platform and Services. We retain the discretion to modify, restrict access to, or terminate any functionalities and Services on the Platform. We also reserve the right to unilaterally amend or update these Terms at any time without prior notice. Your continued use of the Platform and Services following any such modifications will signify your acceptance of the revised Terms.

16. OWNERSHIP, USE, AND INTELLECTUAL PROPERTY RIGHTS

16.1. The intellectual property rights in the Platform and in any text, images, video, audio, or other multimedia provisions, software, or other information or material submitted to or accessible from the Platform (“Provisions”) are owned by us and our licensors.

16.2. We and Third-Party Partners reserve all intellectual property rights, including, but not limited to, all copyright, trademarks, domain names, codes, websites, design rights, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world. This means that Kmintings and Third-Party Partners are owners of them and are free to use them as per our own interest.

16.3. These Terms confer no legal rights to you with respect to the Platform or the Provisions, except as required for accessing it. You agree not to modify, attempt to circumvent, or remove any notices present on the Platform or the Provisions, including intellectual property notices, particularly those related to digital rights or other security technology embedded or incorporated within the Platform or the Provisions.

17. NO THIRD-PARTY RIGHTS

17.1. These Terms are enforceable only by us and you, and no third-party has the right to enforce any provision herein.

18. GOVERNING LAW AND DISPUTE RESOLUTION

18.1. We will make diligent efforts to expeditiously and effectively address any disputes with you. If the User wishes to file a complaint, kindly contact us at the designated channels provided by Kmintings in Kmintings’ Platform.

18.2. You understand and agree that the support related to the products being sold in the Platform are from the entire responsibility of their respective manufacturers and that Kmintings has no powers to provide any kind of support related to the usage and warranty of such products.

18.3. The laws of the British Virgin Islands apply to these Terms. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the British Virgin Islands courts.

18.4. THE USER AND KMINTINGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CLASS-WIDE ARBITRATION OR PRIVATE ATTORNEY-GENERAL ACTIONS OR ANY OTHER PROCEEDINGS WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. UNLESS EXPRESSIVELY AGREED BY THE PARTIES IN WRITING, WITH NOTARIZED AGREEMENT, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIM, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

19. CONTACT US

19.1. To contact the Kminting customer service team, please use the designated channels provided on the Platform.

19.2. Whichever means of communication you use to contact us, you should ensure that your communication is not characterized by any of the following:

19.2.1. abusive, offensive, or sexually explicit;

19.2.2. hateful or inflammatory;

19.2.3. promoting violence, or inciting terrorism;

19.2.4. threatening or intimidating; or

19.2.5. discriminatory against a person due to race, nationality, age, gender, sexual orientation, disability, religious, or philosophical belief.