Last Updated: March 20, 2020
1. API Consulting Inc dba BlockX Labs provides Kiba as a software wallet for managing various cryptocurrency assets, and allowing the user to interact with various websites and blockchain networks, while keeping the user in control over what transactions they approve, through our website located at www.thekiba.com
, mobile application, and browser plugin (the “Site”) — which includes text, images, audio, code and other materials (collectively, the “Content”) and all of the features, and services provided. This Site, and any other features, tools, materials, or other services offered from time to time by BlockX Labs are referred to here as the “Service.”
), and (3) any additional terms, rules and conditions of participation issued by BlockX Labs from time to time. If you do not agree to the Terms, then you may not access or use the Content or Services.
1. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
2. Kiba is a global platform and by accessing the Content or Services, you are representing and warranting that, you are of the legal age of majority in your jurisdiction as is required to access such Services and Content and enter into arrangements as provided by the Service. You further represent that you are otherwise legally permitted to use the service in your jurisdiction including owning cryptographic tokens of value, and interacting with the Services or Content in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that BlockX Labs is not liable for your compliance with such laws.
IV. Account Password and Security
1. When setting up an account within Kiba, you will be responsible for keeping your own account secrets, which may be a twelve-word mnemonic, an account file, or other locally stored secret information.
2. Kiba encrypts this information locally with a password you provide, that we never send to our servers. You agree to (a) never use the same password for Kiba that you have ever used outside of this service; (b) keep your secret information and password confidential and do not share them with anyone else; (c) immediately notify Kiba of any unauthorized use of your account or breach of security. Kiba cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
V. Representations, Warranties, Risk
1. Warranty disclaimer
a. You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that BlockX Labs has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
b. You release BlockX Labs from all liability for you having acquired or not acquired Content through the Service. BlockX Labs makes no representations concerning any Content contained in or accessed through the Service, and BlockX Labs will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
2. Risk of Cryptographic Systems
By utilizing the Service or interacting with the Content or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, smart contract based tokens such as those that follow the Ethereum Token Standard
, and blockchain-based software systems.
3. Risk of Regulatory Actions in One or More Jurisdictions
Kiba could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of BlockX Labs to continue to develop, or which could impede or limit your ability to access or use the Service.
4. Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and Services of Content, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, BlockX Labs intends to update the protocol underlying Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Service or accessing Content, you acknowledge these inherent risks.
5. Volatility of Cryptocurrencies
You understand that blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the relevant network. You acknowledge these risks and represent that BlockX Labs cannot be held liable for such fluctuations or increased costs.
6. Application Security
You acknowledge that Kiba and any applications that may interact with Kiba are subject to code flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Service. You further expressly acknowledge and represent that other applications can be written maliciously or negligently, that BlockX Labs and Polkadot Network cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by Kiba and BlockX Labs in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Service or Content.
VII. Limitation on Liability
1. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE.
2. You acknowledge and agree that any information you send or receive during your use of the site and service may not be secure and may be intercepted or later acquired by unauthorized parties.
3. You acknowledge and agree that your use of the site and service is at your own risk. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither Kiba nor its Suppliers or Licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible and intangible losses or any other damages based on contract, tort, strict liability, or any other theory (even if Kiba had been advised of the possibility of such damages), resulting from the site or service; the use or inability to use the site or service; unauthorized access or alteration of your transmissions or data; statements or conduct of any third party on the site or service; any ;actions we we take or fail as a result of communications you send to us; human errors; technical malfunctions; failures; including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the service); any injury or damage to computer equipment; inability to fully access the Site or Service or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Site or Service.
4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
VIII. Proprietary Rights
All content included on the Site such as text, graphics, logos, buttons, images, and software is the property of BlockX Labs (where applicable).
Kiba and BlockX Labs trademarks may not be used in connection with any product or service that is unrelated to BlockX Labs in any manner that is likely to cause confusion among customers, or which disparages or discredits BlockX Labs. All other trademarks are not owed by BlockX Labs or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BlockX Labs or its subsidiaries.
3. Intellectual Property
All title, ownership and intellectual property rights in and to the Service are owned by BlockX Labs or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by BlockX Labs, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Kiba has no control over such sites, applications and resources, you acknowledge and agree that Kiba is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kiba shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
X. Termination and Suspension
BlockX Labs may terminate or suspend all or part of the Service and your Kiba access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the Service will immediately cease.
The following provisions of the Terms survive any termination of these Terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
XI. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
XIII. Binding Arbitration
1. Dispute Resolution
a. If a dispute arises under this Agreement (a “Dispute”), including without limitation any Disputes arising out of any amount due to a Party hereto, then prior to bringing any suit, action or proceeding in connection with such Dispute, a Party must first give written notice of the Dispute to the other Party describing the Dispute and requesting it be resolved pursuant to this dispute resolution process (the “Dispute Notice”). If the Parties are unable to resolve the Dispute within fifteen (15) business days of delivery of the Dispute Notice, then each Party shall promptly (but no later than five (5) business days thereafter) appoint a designated representative who has sufficient authority to settle the Dispute and who is at a higher management level than the person with direct responsibility for the administration of this Agreement (the “Designated Representatives”).
b. The Designated Representative shall notify the other Party in writing of the name and contact information of such Designated Representatives.
c. The Designated Representatives shall then meet as often as they deem necessary in their reasonable judgment in order to discuss the Dispute and negotiate in good faith to resolve the Dispute.
d. The Designated Representatives shall mutually determine the format for such discussions and negotiations, provided that all reasonable requests for relevant information relating to the Dispute made by one Party to the other Party shall be honored.
e. If the Parties are unable to resolve the Dispute within thirty (30) days following delivery of the Dispute Notice, either Party may require that such Dispute be finally resolved by way of binding arbitration administered by the ADR institute Institute of Canada Rules before a single arbitrator under the ADR institute Institute of Canada Rules.
f. The arbitrator shall have the power to award the prevailing party at the hearing money damages and all reasonable expenses of enforcing its rights under the Agreement, including, but not limited to, reasonable attorneys’ fees, arbitrator’s fees, costs, and expenses.
g. The arbitrator shall issue an award within 7 days following the end of the hearing; such award shall be in writing and shall set forth the arbitrator’s findings of fact and conclusions of law in substantiation thereof.
h. Any award or decision of the arbitrators shall be final and binding on all Parties, and judgment on such award may be entered by either Party in a court of competent jurisdiction.
You agree that all dispute resolutions shall take place in Toronto, Ontario, Canada. You agree to submit to the jurisdiction of any federal or provincial court in Toronto, ON, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
3. Class Action Waiver
Both Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BLOCKX LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
4. Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
5. Changes to this Section
a. BlockX Labs will provide 60 days notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
b. For any dispute not subject to arbitration you and BlockX Labs agree to submit to the personal and exclusive jurisdiction of Toronto, Ontario, Canada. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
c. The Terms and the relationship between you and BlockX Labs shall be governed by the laws of the province of Ontario without regard to conflict of law provisions.
XIV. GENERAL INFORMATION
1. Entire Agreement
These Terms (and any additional terms, rules and conditions of participation that Kiba may post on the Service) constitute the entire agreement between you and Kiba with respect to the Service and supersedes any prior agreements, oral or written, between you and Kiba. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
2. Waiver and Severability of Terms
The failure of Kiba to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the Parties nevertheless agree that the arbitrator or court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
3. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.