Token KUN purchase agreement

1. Terms

The Parties use the following Terms in the indicated value:

• 1.1. The Project is a company Yzze Inc registered and operating under the laws of Seychelles acting as the current owner of the KUN Tokens.
• 1.2. Unconditional acceptance (Acceptance) - clicking on the button "Buy KUN token", and transferring the cryptocurrency by the User to the Project on the terms of the Agreement, confirms the full and unconditional acceptance by the User of the terms of the Agreement.
• 1.3. The User is the person who buys and uses the KUN token subject to conditions and limitations herein.
• 1.4. KUN Token is a cryptographic token, the use of which is defined in the Agreement.
• 1.5. Site - a web-site located on the Internet at kuna.io.
• 1.6. Service is an electronic system of interaction between the User and the Project, the Project and third parties. Service is implemented on the Site.
• 1.7. Informational materials - information about the Project, the progress of the Project development. Information materials are posted on the Site.
• 1.8. Personal Account - a set of secure pages created as a result of the registration of the User on the Site, through which the User has the ability, including but not limited to, to perform actions with the KUN token.
• 1.9. Project Page - a page with information about the Project, posted on the Internet at: kuna.io/kun-token. The page indicates:
  • a) conditions for the purchase of a KUN token;
  • b) the conditions for using the KUN token on the Site after purchase.
1.10. Intended use - use of the KUN token in accordance with the objectives specified on the Project Page and in Section 3 of the Agreement. Other terms are interpreted by the Parties in accordance with the User Agreement located on the Internet at kuna.io/legal/user-agreement.

2. Subject of agreement

• 2.1. In accordance with the terms of this Agreement, the User buys KUN token, and the Project undertakes to credit the KUN token to the User’s wallet.
• 2.2. The project determines the use of the KUN token and places the rules for its use on the Project Page.
• 2.3. The purchase of KUN token is made through the Site Service, unless the Parties agree otherwise. After debiting funds from the User’s personal account for the purchase of a KUN token, the User is not entitled to cancel the payment. Ownership rights for KUN Tokens shall be transferred from the Project to the respective User upon completion of payment procedure by the latter and actual receiving of the Tokens. Ownership rights for KUN Tokens shall be transferred from the Project to the respective User upon completion of payment procedure by the latter and actual receiving of the Tokens.
• 2.4. The interaction of the User and the Project within the framework of the Agreement is carried out through the Service.
• 2.5. Company’s obligations are considered as fully completed in accordance with the present Agreement at the moment of Token's delivery to the User’s wallets.
• 2.6. The Tokens are available for sale on the Site due to the separate arrangement between the Company and the legal entities owing the Kuna.io and exact conditions of the present Agreement also may be amended or supplemented should such arrangements change.

3. Token KUN. Rules for use of KUN token

• 3.1. On the terms set forth in the Agreement, the User agrees to buy, and the Project agrees to sell KUN tokens. The minimum number of tokens that can be purchased is 1 (one) KUN token. The project reserves the right to refuse or cancel orders for the purchase of KUN tokens at any time in its sole discretion.
• 3.2. The project accepts payment for the right acquired as part of the purchase of Tokens, in BTC, USDT or another cryptocurrency, depending on the moment at which such a sale is carried out.
• 3.3. The KUN Token was created by smart-contract in blockchain. The number of tokens is strictly limited. In total 1,000,000 KUN were issued. Tokens distributed during the sale period represent 30% of the total KUN Tokens produced. The remaining 70% of KUN tokens were in the ownership of the Project until they were burnt and some transferred to the Company. Now the rest of the Tokens are in the possession of the Company until alienation, which can be carried out by entering into any legal transaction, including burning KUN tokens without transferring ownership of the KUN token to third parties. For the avoidance of the doubts, the Company may (but under no obligation to) conduct a Token buy-back event should it decide to do so.
• 3.4. Tokens are priced in USDT.
• 3.5. All KUN tokens have a different value and their value is market and contractual, and depends on the moment and date of purchase of a particular KUN token. All KUN tokens have the same functionality.
• 3.6. The User can place an order to sell KUN tokens.
• 3.7. The User has the right to use KUN tokens in the following way: to pay for listing on the Site; to receive services on the Site at a reduced cost; to ensure zero commission or reduced commission for transactions on the Site.
• 3.8. Premium accounts paid for with KUN tokens receive an additional dedicated operational communication channel with a personal technical support operator.
• 3.9. KUN tokens used to purchase the services of the Site are subject to burning based on the results of the month in which they were spent to purchase services.
• 3.10. The project has the right at any time to change the functionality, purpose and rules for using KUN tokens by posting information on the Project page.
• 3.11. At the end of the sale period, the Project has the right to redeem tokens from the Users/holders on crypto exchange platforms or directly from the Site in accordance with the terms of such event published on the Site.

4. LIMITATION OF LIABILITY. INDEMNIFICATION

• 4.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED IN WRITING TOKENS KUN ARE SOLD "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND DRAFT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE TOKEN KUN, INCLUDING, WITHOUT LIMITATIONS, IMPLIED WARRANTIES OF CAPABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON PRESENTATION OF RIGHTS; THE PROJECT DOES NOT PROVIDE INFORMATION AND DOES NOT WARRANT THE TOKENS ARE RELIABLE, CURRENT OR ERROR-FREE, MEET THE REQUIREMENTS OF THE USER OR THAT DEFECTS IN TOKEN KUN, IF ANY SPOT WILL BE CORRECTED; AND THE PROJECT CANNOT AND DON'T PROVIDE INFORMATION AND DOES NOT WARRANT THAT KUN TOKEN OR KUN TOKEN SHIPPING MECHANISM DOES NOT CONTAIN VIRUSES OR OTHER MALICIOUS CODES. IN NO EVENT WILL THE COMPANY AND ANY OF THE COMPANY PARTIES (JOINTLY) AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE TOKENS, EXCEED EITHER THE AMOUNT PAID FOR THE TOKENS OR 500 USD (THE SMALLEST CLAUSE APPLY).
• 4.2. The Project is only responsible for the proper functioning of the System for the Tokens delivery and their actual delivery. The Project is only responsible for the proper functioning of the System for the Tokens delivery and their actual delivery.
• 4.3. The project and its affiliates and their respective officials, employees or agents are not liable to the Users or anyone else for any damages of any kind, including, but not limited to, indirect, incidental, special or consequential damages (including not limited to lost profits, trading losses or damages arising from the use or inability to use this website and its products), even if the Project was notified of the possibility of such losses or damages, including, besides why use or attempt to use the Site and / or products of the Site or other related website.
• 4.4. To the maximum extent permitted by applicable law, the User will protect, discharge and hold the Project and its relevant past, present and future employees, officers, directors, contractors, consultants, shareholders, suppliers, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessor companies, successors and trustees from all claims, claims, actions, losses, damages, costs and expenses (including {`attorneys'`} fees) that arise or are related to: the purchase or use of tokens KUN, duties or obligations hereunder Member, breach of this Agreement or violation of any rights of any other person or organization.
• 4.5. The User will protect, indemnify and hold affiliates and licensors, as well as each of their respective employees, officers, directors and representatives from any claims, damages, liabilities, expenses (including reasonable attorney fees) arising from any or claims of third parties with respect to this Agreement or the use of KUN tokens by the User, contrary to the terms of this Agreement. If the Project or its affiliates are obliged to respond to a third-party subpoena or other mandatory legal requirement or process described above, the User will also reimburse reasonable attorneys fees, as well as the time and cost of resources of employees and contractors spent on responding to the subpoena third-party court or process at reasonable hourly rates.
• 4.6. The Project does not make any statements about the suitability, reliability, availability, timeliness and accuracy of KUN tokens, the System, information, software, products, services and relevant graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, KUN tokens, all such information, software, products, services, and associated graphics are provided "as is" without warranty of any kind or condition. The Project hereby disclaims all warranties and conditions with respect to KUN tokens, information, software, products, services, and associated graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose.

5. Risks. Force majeure

• 5.1. By purchasing, holding and using KUN tokens, the User expressly acknowledges and assumes all the risks specified below:
  • 5.1.1 The risk of loss of access to the KUN tokens as a result of the loss of private keys, storage errors or negligence of the User.
  • 5.1.2 Risks associated with the blockchain protocol. Since KUN tokens are based on the blockchain protocol, any malfunctions of the blockchain protocol can have a material adverse effect on the Site or KUN tokens. Moreover, improvements in cryptography, or technical improvements such as the development of quantum computing, can pose a risk to KUN tokens, including the usefulness of KUN tokens.
  • 5.1.3. The risk of mining attacks.
  • 5.1.4. Hacking risks and security flaws. Hackers or other malicious groups or organizations may attempt to intervene in the operation of the Site and KUN tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, Sybil attacks, spoofing attacks and spoofing.
  • 5.1.5. Market risks for KUN tokens. KUN tokens are intended to be used exclusively on the Site, and the Project will not support or otherwise facilitate secondary trading or external evaluation of KUN tokens. Even if the secondary trade in KUN tokens is provided by third-party trading platforms or exchanges, such third parties can be relatively new and subject to minimal or no regulatory oversight at all, which makes them more susceptible to market risks. In addition, to the extent that third parties attribute the value of an external exchange to the tokens (for example, as indicated in a digital or fixed currency), this value can be extremely volatile and decrease to zero.
  • 5.1.6. The risk of uninsured losses. Unlike bank accounts or accounts in some other financial institutions, KUN tokens are not insured, unless the User himself insured them in private order.
  • 5.1.7. Risks associated with lack of regulation and enforcement measures. The regulatory status of tokens and distributed register technology is unclear and is not regulated in many jurisdictions. It is difficult to predict how or whether regulators can apply existing regulation to such technology and its application. It is also difficult to predict whether legislators or regulators can make changes in legislation and regulation that affect the technology of the distributed register and its application, including the Site and KUN tokens. Regulatory actions can have a negative impact on the Site and KUN tokens in various ways. A project may cease operations in a jurisdiction if regulations or changes in legislation or regulation make it illegal to act in such jurisdiction or to be commercially undesirable in order to obtain the necessary regulatory approvals to work in such jurisdiction.
  • 5.1.8. Risks associated with taxation. The tax nature of tokens is unclear. The User is responsible for any tax consequences associated with the acquisition, ownership and alienation of KUN tokens, including withholding taxes, and compliance with tax reporting requirements.
  • 5.1.9. The risk of alternative platforms. The User should understand that if KUN tokens are integrated into other platforms, including trading platforms and exchangers, then each of these alternative platforms has its own technical, technical, regulatory risks, security risks for which the Project is not responsible.
  • 5.1.10. The risks of deficiencies or exploitation in the field of cryptography. Improvements in cryptography, or technical improvements such as the development of quantum solvers, can pose risks to cryptocurrencies on both the blockchain protocol and the KUN tokens, which can lead to theft or loss of tokens.
  • 5.1.11. The risk of lack of interest in the Site, technologies or KUN tokens. It is possible that the Site will not be used by a large number of other users. This lack of use or interest may adversely affect the development of the Site and the potential usefulness of KUN tokens.
  • 5.1.12. The risk of termination of the Project and the Site.
  • 5.1.13. Unexpected risks. Cryptographic tokens, such as KUN tokens, is a new and untested technology. In addition to the above risks, there are other risks associated with the purchase, storage and use of KUN tokens, including those that the Parties cannot foresee. Such risks may arise as unforeseen or as combinations of risks foreseen above.
• 5.2. The parties are exempt from liability for partial or complete non-fulfillment of obligations under this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of emergency events that the parties could neither foresee nor prevent by reasonable measures. The circumstances of force majeure include events that the parties cannot influence and for whose occurrence they are not responsible, such as natural disasters, extraordinary social events (war, mass riots, etc.), government regulations or orders of state bodies, failures (including technical) in the work of the Site and the Project.

6. Warranties and user statements

• 6.1. The User warrants the following:
  • 6.1.1. He/she/it has read and understood this Agreement;
  • 6.1.2. The User has an idea of the functions, use, storage, transfer mechanisms and other material characteristics of cryptographic tokens, token storage mechanisms (for example, wallets tokens), blockchain technologies and blockchain-based software systems to understand the conditions of this Agreement and evaluate the risks and consequences of buying KUN tokens.
  • 6.1.3. The User has carefully analyzed the code of the smart contract system located in the blockchain, and fully understands and accepts the functions implemented in it.
  • 6.1.4. The User has received sufficient information about KUN tokens to make an informed decision to purchase KUN tokens.
  • 6.1.5. The User understands the limitations and risks associated with creating KUN tokens using the smart contract system outlined in this document and recognizes and accepts all such risks.
  • 6.1.6. The User understands, confirms and accepts the risks associated with the purchase, storage and use of KUN tokens.
  • 6.1.7. The User understands that KUN tokens do not grant him any rights of a shareholder, owner, lender in relation to the Project or the Site. The KUN Token does not generate or grant any corporate rights, it is not a security of an emission or non-emitting type, it does not give any other rights than those set out on the Project Page and in Section 3 of the Agreement.
  • 6.1.8. User’s purchase of KUN tokens complies with applicable law and User’s personal law.
  • 6.1.9. The User will comply with any applicable tax liability in his jurisdiction related to the purchase of KUN tokens.
  • 6.1.10. If User (she/he/it) is a corporation, governmental organization or other legal entity, he (she) has 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 this Agreement and entering in agreement of such type do not contradict corporation’s/company’s charter or other internal documentation.
  • 6.1.11 The User is not a resident of the Prohibited Jurisdiction nor he is not acting on behalf of such person or entity.
  • 6.1.12. he (she) is of an age of majority to enter into this Agreement (at least 18 years of age), meets all other eligibility criterias (has full legal capacity, power and authority to execute and deliver this Agreement and is in fill compliance with the Terms of Use available at https://kuna.io/en/legal/user-agreement) and agrees to perform its obligations hereunder, met other prescribed by the present document, residency requirements, and is fully able and legally competent to use the Site, enter into agreement with the Company and in doing so will not violate any other agreement to which he (she) is a party. This Agreement constitutes a valid and binding obligation of the User, enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and general principles of equity.
  • 6.1.13. The User is acquiring Tokens for its own account for purchasing, not as a nominee or agent, and not with investment purposes but for its own use.
  • 6.1.14. The User understands, acknowledges and agrees that the Company is not registered with the respective financial authorities and that the Company is not registered or licensed with any federal or state regulator as an investment adviser, broker-dealer, money services business, money transmitter or virtual currency business, VASP-provider or etc.
  • 6.1.15. THE USER CONFIRMS, THAT HE (SHE) HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY THE COMPANY, OR ANY OTHER PERSON ON THE COMPANY'S BEHALF OR HAS NOT RELIED ON THE OTHER INFORMATION AS A BASIS FOR ENTERING INTO THIS AGREEMENT.
  • 6.1.16. User warrants to the Project that he will not use KUN Tokens for any purpose that is illegal or prohibited by the provisions of this Agreement. The user cannot use KUN Tokens in any way that could damage, disable, reload, or otherwise harm the Site.

7. Intellectual property of the project

• 7.1. The Project reserves all intellectual property rights, including, but not limited to, inventions, discoveries, processes, brands, methods, compositions, formulas, techniques, information and data, regardless of whether they are patentable, copyrighted or protected trademark and/or any trademarks, copyrights or patents based on them. The User has no right to use any intellectual property for any reason, except in cases of obtaining the prior written consent of the Project.
• 7.2. In particular, the Project reserves all intellectual property rights, mainly, but not limited to copyright to the source code that creates KUN tokens. The provisions of this Agreement shall not be interpreted and interpreted in such a way that they will mean the transfer of intellectual property rights, if this is not expressly defined in this Agreement.
• 7.3. The User must use KUN tokens strictly in accordance with the provisions of this Agreement and the relevant technical documentation. As a condition for the use of KUN tokens, the User warrants to the Project that he will not use KUN tokens for any purpose that is illegal or prohibited by the provisions of this Agreement. The user cannot use KUN tokens in any way that could damage, disable, reload, or otherwise harm the Site.
• 7.4. All contents of the Project, including KUN tokens, as well as related products and services, including, but not limited to, text, graphics, logos, images, source code, as well as their compilation and any software used on the Site, are the property of the Project and is protected by copyright, marks for goods and services and other laws that protect intellectual property rights and property rights.
• 7.5. The User agrees to abide by and be required to all copyright notices and other notices, explanations and/or other restrictions contained in any such content, and not to make any changes to it.

8. Validity of agreement

• 8.1. The contract does not require bilateral signing and is valid in electronic form.
• 8.2. This Agreement shall terminate upon full fulfillment by the Project of the obligations under the Agreement or the alienation of the KUN token by the User unless certain provisions are designed to survive after Agreement termination. Expiration of the Agreement does not relieve the party from the responsibility for its breach during the period of the Agreement's validity.
• 8.3. The User has the right to assign the rights and obligations under this Agreement to a third party. In case of assignment, all rights of the User are transferred to the new User.

9. Disputes. Jurisdiction

• 9.1. All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of Seychelles (Applicable Law).
• 9.2. To resolve any dispute, controversy or claim arising out of or relating to these Terms, or the breach thereof, it is agreed first to negotiate the issue in good faith for a period of not less than sixty (60) days following written notification of such controversy. If negotiations fail to solve the dispute, such dispute shall be referred to and finally resolved by the respective court of Seychelles. 31. No Class Arbitrations, Class Actions or Representative Actions. Any dispute arising out of or related to this Agreement is personal to User and Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

10. Other conditions

• 10.1. By accepting this Agreement, the User agrees that he has read it completely, as well as any other applicable conditions and policies and is aware of all the risks and rules provided for by this Agreement.
• 10.2. This Agreement will be governed by and interpreted and applied in accordance with the laws of the British Virgin Islands without conflict of laws rules that could lead to the application of the laws of any other jurisdiction.
• 10.3. If any term, provision of this Agreement is illegal, invalid or impossible, then this term, provision will be separable from this Agreement and will not affect the validity or feasibility of any remaining part of this Agreement, its provisions.
• 10.4. The Project does not allow persons under the age of 18 to acquire KUN tokens and use any rights associated with them.
• 10.5. The Project and the User are independent parties, and neither of the Parties, nor any of their respective affiliates, is an agent of the other for any purpose and does not have the right to bind the other party. Both Parties reserve the right to develop products, services, concepts, systems or methods that are similar to or compete with products, services, concepts, systems or methods developed by the other party and provide assistance to third-party developers or system integrators who may offer products or services that compete with other Party’s products or services.
• 10.6. This Agreement does not create any rights of third parties to beneficiaries for any natural or legal persons.
• 10.7. The User will not delegate or sublicense any of his rights arising from his acceptance of the terms of this Agreement without the prior written consent of the Project. Any assignment or transfer inconsistent with these conditions will be void. Subject to the foregoing, this Agreement will be binding in the interests of the parties and their respective successors.
• 10.8. The inability of the Project to enforce any provision of this Agreement will not constitute a present or future waiver of such a provision and will not limit the Project’s right to enforce such a provision at a later date. All waivers that emanate from the Project must be explicit and must be in writing.
• 10.9. In case if required, The Project and its affiliates may need to follow “anti-money laundering” (AML), “know your customer” (KYC) and other government regulations in respective jurisdictions. Each and any User fully agrees to assist us in fulfillment of the mentioned regulations and provide any necessary information if such is required from the User by the authorized authority. Company reserves the right to refuse from the transaction if there is reason to believe that completing such a transaction may result in the violation of Applicable Law or is contrary to acceptable practices or due to own discretion.
• 10.10. This Agreement is originally drawn up in the English language and in case of any discrepancies between the different versions available on the Website, the English version shall prevail.