Terms of Use

Effective Date - 08/21/2021

1. Introduction

This is a binding Agreement between Kado Software, Inc. ("Kado" or "We") and the person, persons, or entity ("You" or "Your") using the service, Software, or application ("Software").

2. Rights and Notices

Kado provides the Software solely on the terms and conditions set forth in this Agreement and on the condition that You accept and comply with them. By using the Software You (a) accept this Agreement and agree that You are legally bound by its terms; and (b) represent and warrant that: (i) You are of legal age to enter into a binding agreement and are over the age of 21. The Company does not permit those under 21 to use the Service; and (ii) if You are a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.

Kado's Software functions in conjunction with open source Cryptocurrency wallets, and interacts with Your own external, digital wallet, such as but not limited to the Terra Station Wallet. Kado's Software does not constitute an account where We or other third parties serve as financial intermediaries or custodians of Your cryptocurrency. You have complete control over your digital assets, held in Your own custody.

While the Software has undergone beta testing and continues to be improved by feedback from the open-source user and developer community, We cannot guarantee there will not be bugs in the Software. You acknowledge that Your use of this Software is at Your own discretion and in compliance with all applicable laws. You are responsible for safekeeping Your passwords, private key pairs, PINs, and any other codes You use to access the Software.

IF YOU LOSE ACCESS TO YOUR WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR WALLET AND CORRESPONDING PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT ANY CRYPTOCURRENCY YOU HAVE ASSOCIATED WITH THAT WALLET WILL BECOME INACCESSIBLE. All transaction requests are irreversible. The authors of the Software, employees and affiliates of Kado, copyright holders, and Kado cannot retrieve Your private keys or passwords if You lose or forget them and cannot guarantee transaction confirmation as they do not have control over the network.

3. Gift Cards and Products

Gift Cards sold by Kado Software, Inc., an authorized and Agent on behalf of eGifterâ„¢, LLC. through the software are subject to the following terms. Kado does not sell Gift Cards directly and does so on behalf of Vendor. Except as required by law, Gift Cards cannot be transferred for value or redeemed for cash. Gift Cards may be used only for purchases of eligible goods or services at the merchant's website, physical location, or certain of its affiliated websites. For complete terms and conditions, please read the merchant's gift card terms and conditions. Gift Cards trademarks and copyrights belong to the merchant owners or its affiliates. ALL SALES ARE FINAL, AND NO REFUNDS WILL BE PROVIDED FOR ANY Gift Card. Please contact the Gift Card merchant directly.

Products sold by Kado Software, Inc., are provided and procured by the Orders team; As needed, for order issues, complaints, returns, or errors, support is provided by Kado to best remediate the solution, which you agree may include refunds paid in the form of future Kado credits and/or rewards.

4. Disclaimer

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OF THE SOFTWARE, EMPLOYEES AND AFFILIATES OF KADO, COPYRIGHT HOLDERS, OR KADO SOFTWARE, INC. BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

IN NO EVENT WILL KADO OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RISKS OF USING DIGITAL ASSETS

4.1. Please note that all transactions involving Digital Assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. Any Digital Assets transfers, to and from external wallet addresses, that are in a pending state will be designated accordingly, and the relevant Digital Asset will not be included in your Digital Asset Wallet or be available to conduct transactions.

4.2. The risk of loss in holding Digital Assets can be substantial. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial situation.

4.3. We are not responsible for the market of Digital Assets, and we make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any quoted currency.

4.4. We do not provide investment advice and any content on the Kado website should not be considered as a substitute for tailored investment advice.

5. Intellectual Property

We retain all right, title, and interest in and to the Content and all of Kado's brands, logos, and trademarks, including, but not limited to, Kado Software, Inc., Kado, Kado Pay, Kado for Builders, and variations of the wording of the aforementioned brands, logos, and trademarks.

6. Choice of Law

This Agreement, and its application and interpretation, shall be governed exclusively by the laws of the State of Delaware, without regard to its conflict of law rules. You consent to the exclusive jurisdiction of the federal and state courts located in or near Wilmington, Delaware for any dispute arising under this Agreement.

7. Severability

In the event any court shall declare any section or sections of this Agreement invalid or void, such declaration shall not invalidate the entire Agreement and all other paragraphs of the Agreement shall remain in full force and effect.

8. Binding Agreement

The terms and provisions of this Agreement are binding upon Your heirs, successors, assigns, and other representatives. This Agreement may be executed in counterparts, each of which shall be considered to be an original, but both of which constitute the same Agreement.

You assume any and all risks associated with the use of the Software. We reserve the right to modify this Agreement from time to time.

8C.1 - Kado Software, Inc. offers a payment solution within the Kado Web App that enables users to send Digital Assets and pay qualifying merchants with the Digital Asset of their choice. A receipt will be sent to your registered email address once a Kado Pay transfer or purchase has been confirmed.

8C.2 - If you pay for a purchase via Kado Pay you may be entitled to receive a certain amount of "Pay Rewards" via the Kado Web App after you have successfully completed your qualifying purchase from a qualifying merchant using Kado Pay. This entitlement and the corresponding amount of Pay Rewards is contingent upon the amount of UST you have staked. Kado reserves the right to not process a payment for any reason, refuse to pay any Pay Rewards or add, remove or change the list of qualifying merchants.

8C.3 - Kado has the sole discretion in determining whether Pay Rewards shall be granted or whether you shall be eligible for any refund. If you believe that you are entitled to any unreceived Pay Rewards, or your transaction is otherwise eligible for a refunds, please contact us at us at support@kado.money.