KUNA XO MOBILE APPLICATION LICENSE AGREEMENT
Last Modified: April 20, 2021
KUNA (or We, Our) - means Kuna Fintech Limited, 7 Bell Yard, London WC2A 2JR and/or affiliates.
KUNA XO Wallemeans a software hosted on a person’s computer, phone, or other device that allows the person to store and conduct transactions in convertible virtual assets.
User (or You) – means an individual who uses the Application.
1. With KUNA XO Application You can: Buy, hold and use across virtual assets in simple and secure way. Exchange between any two currencies – trading pairs: UAH – BTC, UAH – ETH; RUB – BTC, RUB – ETH; KZT – BTC, KZT – ETH etc.
2. KUNA XO Application offers the following features:
2.1 Virtual asset portfolio management: visualization of assets with pie charts, real time market price information.
2.2. Access your Wallet on any device anytime.
2.3. Store your virtual asset using the Wallet.
2.4. Sell virtual assets.
3. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
4. Application may provide You with a Wallet for the purchase and storage of virtual assets.
5. Application allows the use of payment methods: replenishment and withdrawal in fiat currencies.
6. To register and log into the Application, you must use Google id or Apple id. To use the Application, when you create a Wallet, you need to perform "Login with Apple" or "Login with Google Account" / "Login with Google Account" / "Login with Google" by clicking the appropriate button, then view your data and quickly and Sign in securely with Face ID, Touch ID, or your device passcode. Logging in using your existing ID is fast, easy and secure. Also, you do not need to fill out forms or come up with a new password. You agree to immediately notify KUNA XO of any unauthorized use of your Wallet or any other breach of security. KUNA XO is not responsible for any loss or damage arising from your failure to comply with this clause.
7. When You create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over Your Wallet. Suggested measures include, but are not limited to, the following: (a) maintaining the security of your Wallet by establishing Google 2FA authentication associated with your Wallet, for example, by restricting access to your device and Wallet; as well as; and (b) promptly notifying KUNA if You discover or otherwise suspect any security breaches related to your Wallet.
9. You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. The party providing your OS has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
Intellectual Property Rights
10. KUNA owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Other company, product, or service names mentioned in this Application may be trademarks of their respective companies. All rights reserved.
11. You acknowledges and agrees that all content and materials that are available in the Application are protected, including but not limited to copyright, trademarks, patents, trade secrets, know-how. Reproduction, copying or redistribution for commercial purposes of any materials or elements of the Application without written permission is strictly prohibited.
12.You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter KUNA's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.
Refunds and chargeback procedure
13. Refunds are not possible for all transactions where You are purchasing a virtual asset in the Application. However, in case You have changed your mind and would like to return the purchased virtual asset, We may be able to buy it back based on the current market rate minus the service fee for the transaction. Because the virtual asset price changes constantly, thus the value of the purchased virtual asset at the moment of refund may be different.
14. In transactions that do not involve virtual asset refunds are only possible within 30 days from the moment of exchange. Banks, payment systems, card processing providers and banks may charge KUNA for each incoming and outgoing transaction. Any additional service fees incurred by KUNA as a result of the refund will be covered by You.
15. To prevent prohibited conduct, all payments and information related to refund may be verified by KUNA. In such case, We may request You to provide certain documents, including, but not limited to, identification documents, copy of the User’s Payment Card and Invoice or/and any other prove of the fact that the disputed payment was made. In case the User fails to provide appropriate documents or information within three (3) days upon the request or in case of any doubts as to the authenticity of the provided documents, We shall be entitled to decline your refund request.
16. We expect You to contact our KUNA Support ([email protected]) to resolve any problem or issue related to your payments, before You make any chargeback request. This provision does not affect any rights and/or claims, which You may have against the bank/financial institution.
We will investigate any chargeback requests made by You and in response will inform Your Issuing Bank whether any payment has been cancelled. The chargeback request is handled by the legal department of KUNA. We reserve the right to suspend the activity of Your Wallet and lock all funds during the chargeback investigation procedure.
Disclaimer of Warranties
18. This Application and the service(s) accessed by it are provided "as is" and "as available". KUNA expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application.
19. You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.
Limitation of Liability
20.Except as otherwise stated in this License Agreement, KUNA is not liable to you for any harm resulting from any use or misuse of this Application. Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if KUNA has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
21. Nothing in this License Agreement shall limit our liability towards you for claims for death or personal injury or damages caused by intentional wrongdoing or gross negligence of us, our legal representatives or agents. In case of a breach of a material obligation under this License Agreement which is caused by slight negligence we shall only be liable for the typical, predictable, direct and average damage, unless the claim is for death or personal injury in which case our liability towards you shall be unlimited.
22. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the KUNA's (the "Parties'") control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.
23.You will indemnify and hold harmless KUNA and its parents, affiliates, officers, directors, shareholders, agents and employees, from any claims, damages, obligations, losses, liabilities, costs or debts, and expenses made by any third party arising in connection with a violation of this License Agreement, for which you are responsible. KUNA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
25. If you do not agree to any change, please uninstall and discontinue using the Application.
26. Any use of this Application after the three (3) day notice period constitutes your acceptance of any change.
This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) countries, subject to financial sanctions imposed by EU, OFAC and FATF recommendations, countries where applicable laws prohibit the provision of Services in accordance with this Agreement or require obtaining additional local authorizations, in particular: Afghanistan, Albania, Algeria, Angola, Bahrein, Bangladesh, Barbados, Bolivia, Botswana, Burma (Myanmar), Burundi, Cambodia, Central African Republic, Chad, Congo, Guinea – Conakry, Cote D’ivoire, Crimea (Ukraine region), Cuba, Democratic People's Republic of Korea (DPRK), Ecuador, Equatorial Guinea, Eritrea, Ghana, Guinea Bissau, Guyana, Haiti, Indonesia, Iraq, Iran, Jamaica, Japan, Yemen, Jordanian, Qatar, Kuwait, Lao PDR, Lebanon, Libya, Mali, Morocco, Mauritania, Nepal, Nicaragua, North Macedonia, Oman, Pakistan, Palestine, Panama, Saudi Arabia, Somalia, South Macedonia, Sri Lanka, Sudan, Syria, Tunisia, Uganda, UK, U.S., Vanuatu, Venezuela, Zimbabwe; and (b) to Users from disputed territories, as they do not use generally recognized official documents, including: Donetsk People’s Republic (DPR)/Luhansk People’s Republic (LPR) where passports issued by the Russian Federation, Nagorno-Karabakh Republic, Pridnestrovian Moldavian Republic, Republic of Abkhazia, Republic of Artsakh, Republic of China (Taiwan), Republic of Kosovo, Republic of Somaliland, Republic of South Ossetia, Sahrawi Arab Democratic Republic, Turkish Republic of Northern Cyprus. (c) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (d) to any prohibited country, person, end-user or entity specified by US Export Laws.
Third Party Beneficiary
28. Your OS is a third party beneficiary of this License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
29. Should there be any disputes regarding matters stipulated herein, the Parties shall take all measures possible to resolve them by negotiations.
30. Should the Parties fail to reach an agreement by means of negotiations, any dispute arising from this Agreement or related hereto, including any matters concerning essence, existence, validity or termination of this Agreement or this Section shall be considered and finally resolved in accordance with the Rules of London Court of International Arbitration (LCIA) in the wording effective as of the moment of consideration, deemed to be part of this by reference. The number of arbiters shall be 3 (three), elected in accordance with the LCIA Rules. The place of arbitration shall be London, United Kingdom. The arbitration shall be held in English, the decision shall be executed in English. The Parties shall agree that the information of arbitration, including but not limited to the information of any arbitration decision, shall be deemed confidential and not disclosed to any third parties without the written consent of the Parties, unless required by Law. This decision shall be final and binding for both Parties, and may be used or produced for enforcement at any court having respective jurisdiction; an application concerning enforcement order may be filed to such competent court, if required.
31.If any dispute occurs as to the performance or interpretation of these Terms that cannot be resolved amicably or in arbitration, KUNA is entitled to demand the dispute to be settled by the court in location of KUNA residence.
32. These Agreement any non-contractual obligations arising out of or in connection with these Agreement and any pre-contractual matters shall be governed by, construed and interpreted in accordance with the laws of England and Wales.