Last Modified: Sep 12, 2024
Introduction
Welcome to Kaku Finance, operated by Emblium Labs Limited ("we", "us", "our", “Company”), and registered at 3rd Floor, Yamraj Building, Market Square, Road Town, VG1110, Tortola, British Virgin Islands. . These Terms and Conditions ("Terms") govern your access and use of the Kaku Platform ("Platform").
Acceptance of Terms
1.1. By accessing or using the Platform, and participating in the sale of KKFI tokens (the "Token Sale"), you agree to be bound by these Terms and all related documents. If you do not agree to these Terms, you may not access or use the Platform or participate in the Token Sale.
1.2. These Terms constitute a legally binding agreement between you ("User") and the Company.
Eligibility
2.1. Age Requirement. You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Kaku Platform and participate in the Token Sale. By using the Kaku Finance Platform and participating in the Token Sale, you represent and warrant that you have the full legal capacity to enter into these Terms.
2.2. Jurisdiction Restriction. The Token Sale and Kaku Platform are currently available to users in jurisdictions where Kaku Finance believes, in good faith, that participation in the Token Sale is permissible. Due to evolving regulations and potential uncertainties regarding Token Sale, the Kaku Platform is not available in the Token Sale phase for users located in China, United States, Russia, Afghanistan, Yemen, Syria, and North Korea and any other country that officially bans Token Sale at the moment of your access. Kaku Finance does not claim compliance with any specific jurisdiction's regulations. Users are solely responsible for determining whether their participation in the Kaku Platform Token Salecomplies with all applicable laws and regulations in their jurisdiction. We highly recommend you stay informed about Token Sale regulations in your jurisdiction before participating in the Token Sale.
2.3. By participating in the Token Sale, you represent and warrant that you meet the eligibility requirements and information provided is true, accurate, complete, and not misleading.
Use of the Kaku Platform
3.1. You agree to use the Kaku Platform only for lawful purposes and in accordance with all applicable laws and regulations, including but not limited to financial regulations and anti-money laundering (AML) laws.
3.2. You agree not to engage in any unauthorized use of the Kaku Platform, including but not limited to:
Hacking, phishing, malware distribution, or other cyberattacks.
Market manipulation, wash trading, or other illegal financial activities.
Scraping data, content theft, or other violations of intellectual property rights.
Spamming, unsolicited communications, or other disruptive behavior.
Posting or transmitting any harmful, threatening, illegal, or offensive content, including hate speech, threats of violence, or copyrighted material.
Participation in the Token Sale
4.1. To participate in the Token Sale, you are required to create an account on the Platform.
4.2. When registering, you represent and warrant that:
All information you provide to Kaku is true, accurate, complete, and not misleading.
You will maintain the accuracy of your registration information by updating it as necessary.
You will keep your password and account information confidential and secure.
You will notify Kaku immediately of any unauthorized use of your account.
4.3. As required by British Virgin Islands regulations, you must complete our mandatory KYC (Know Your Customer) verification process before participating in the Token Sale. This process helps us verify your identity and comply with anti-money laundering (AML) regulations. The KYC verification process may involve submitting certain personal information and documents.
4.4. Kaku Finance reserves the right to refuse participation in the Token Sale at its sole discretion, including if you fail to meet the eligibility requirements or provide accurate information.
4.5. Your participation in the Token Sale is subject to the terms of the Token Sale Agreement , which you will be required to accept before contributing funds.
4.6. To participate in the Token Sale, you will need to provide the address of a valid ERC20 (Ethereum Request for Comment 20) compatible wallet where you will receive your KKFI tokens. Kaku Finance is not responsible for any loss of tokens due to an incorrect or incompatible wallet address.
Token Distribution and Vesting
5.1. The allocation and distribution of KKFI tokens, including specific percentages for each category (e.g., Presale, Public Sale, Team, etc.), will be conducted in accordance with the terms outlined in the Kaku Finance Tokenomics .
5.2. You acknowledge and agree that certain allocations of KKFI tokens, including those reserved for the Team, Advisors, and potentially some Public Sale participants, may be subject to vesting schedules as described in the Kaku Finance Tokenomics .
5.3. You acknowledge that the availability of KKFI tokens for purchase or trading on cryptocurrency exchanges may be subject to change and is not guaranteed. Kaku Finance reserves the right to adjust the allocation for liquidity pools based on market conditions.
Intellectual Property Rights
6.1. All intellectual property rights (including copyrights, trademarks, patents, trade secrets, and domain names) in the Kaku Finance platform, the KKFI Token Sale, the Whitepaper, and any related documentation are owned by the Company or its licensors. You acknowledge and agree that the KKFI Token itself does not grant you any ownership rights in the underlying intellectual property of the Company.
6.2. You are prohibited from modifying, reproducing, distributing, creating derivative works of, or commercially exploiting any part of the Kaku Finance platform, the Whitepaper, or related documentation without Kaku Finance express written consent. This includes, but is not limited to, using The Company’s trademarks or logos without permission, or decompiling or reverse engineering the Kaku Finance platform software.
6.3. The Kaku Finance platform may allow you to submit content, including text, images, videos, or other materials ("User Content"). By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, and translate your User Content for the purpose of operating and improving the Kaku Finance platform. You retain ownership rights to your User Content, but you agree that the Company and its licensees may use your User Content as described above.
6.4. The Kaku Finance platform may incorporate certain open-source software components. Your use of the platform is subject to the terms and conditions of the applicable open-source licenses. We will provide a list of open-source licenses upon request.
6.5. In the event you violate any of these intellectual property terms, the Company reserves the right to take all necessary legal actions, including, but not limited to, account suspension or termination, content removal, and seeking injunctive relief.
Risks and Disclaimers
7.1. You acknowledge that your participation in the KKFI Token Sale and ownership of KKFI tokens involves significant risks, as detailed in the Kaku Finance Token Whitepaper. These risks include, but are not limited to, market volatility, regulatory uncertainty, technology risks, competition, limited track record, liquidity risk, smart contract risk, counterparty risk, and network security risk.
7.2. KKFI Tokens are utility tokens and do not represent any ownership stake in KKFI or any underlying asset. They do not qualify as securities under any applicable laws. Ownership of KKFI Tokens does not grant you any equity interest, or rights to future profits or distributions from Kaku Finance.
7.3. The Company does not guarantee any future value, use cases, or liquidity for KKFI Tokens. The functionality and utility of KKFI tokens within the Kaku Finance ecosystem are subject to change and development.
7.4. You are solely responsible for understanding and complying with any tax implications associated with your participation in the Token Sale and ownership of KKFI Tokens. Kaku Finance recommends consulting with a qualified tax advisor to determine your specific tax obligations.
7.5. You acknowledge that you are not relying on any statements or representations made by Kaku Finance and the Company, other than those contained in these Terms and Conditions and the Whitepaper, in making your decision to participate in the Token Sale.
7.6. You are solely responsible for conducting your own due diligence on Kaku Finance, the KKFI Token Sale, and the underlying technology before participating. You are encouraged to consult with legal, financial, tax, and other qualified professionals before making any investment decisions.
Limitation of Liability
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE KKFI TOKEN SALE AND KKFI TOKENS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY. KAKU FINANCE DOES NOT WARRANT THAT THE KKFI TOKEN SALE OR KKFI TOKENS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE KAKU FINANCE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
8.2. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE TOKEN SALE OR YOUR OWNERSHIP OF KKFI TOKENS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. The information provided on the Platform and in the Whitepaper is for informational purposes only and does not constitute financial, legal, or tax advice.
Termination
9.1. The Company may terminate or suspend your access to the Platform and your participation in the Token Sale for any of the following reasons:
You violate any of these Terms and Conditions.
You engage in any illegal or fraudulent activity on the Platform.
You fail to comply with any KYC/AML requirements.
Your continued access to the Platform would pose a security risk to Kaku Finance or its users.
There are unforeseen technical difficulties or regulatory changes that prevent Kaku Finance from offering the Platform or conducting the Token Sale.
9.2. The Company may terminate or suspend your access with or without prior notice, depending on the severity of the violation.
9.3. In the event of termination, your right to access the Platform and any related benefits (e.g KKFI token distribution) will cease immediately.
9.4. The Company reserves the right to pursue any legal remedies available to it, including seeking injunctive relief, in the event of a material breach of these Terms and Conditions.
9.5. You may have the right to withdraw your participation in the Token Sale before its conclusion, subject to the specific terms and conditions outlined in the separate Token Sale Agreement.
9.6. The terms of any refund or return of funds upon termination will be determined based on the specific circumstances of the termination and the relevant sections of the Token Sale Agreement.
Governing Law and Dispute Resolution:
10.1. These Terms and your participation in the Token Sale shall be governed by and construed in accordance with the laws of British Virgin Islands, without regard to its conflict of laws principles.
10.2. The Company and User agree to attempt to resolve any dispute arising out of or relating to these Terms and Conditions or the Token Sale through good faith negotiations before resorting to litigation or arbitration (including, but not limited to, mediation or other forms of Alternative Dispute Resolution).
10.3. In the event that negotiation fails to resolve the dispute, any dispute arising out of or relating to these Terms and Conditions or the Token Sale shall be finally settled by binding arbitration in accordance with the rules of British Virgin Islands. The arbitration shall be held in British Virgin Islands, and the arbitral award may be enforced in any court having jurisdiction thereof.
Entire Agreement
11.1. This Terms and Conditions Agreement constitutes the entire agreement between you and the Company regarding your use of the Platform and your participation in the Token Sale, superseding any prior or contemporaneous communications, representations, or agreements, whether oral or written.
11.2. The headings used in this Terms and Conditions Agreement are for reference only and do not have any legal or contractual effect.
Changes to These Terms
Amendments to these Terms and Conditions
12.1. The Company reserves the right to modify these Terms and Conditions at any time. The updated version will be posted on the Platform.
12.2. The Company will make reasonable efforts to notify you of any changes to the Terms and Conditions. This may include:
Posting a notification on the Platform with a clear indication of the revised sections.
Sending an email notification to the email address you provided during registration.
12.3 Your continued use of the Platform after the updated Terms and Conditions are posted will constitute your acceptance of the changes.
Contact Us
If you have any questions about these Terms, please contact us at:
Emblium Labs Limited
3rd Floor, Yamraj Building, Market Square, Road Town, VG1110, Tortola,
British Virgin Islands.
Email: legal@emblium.io
By accessing or using the Kaku Platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.