TOKEN KUN PURCHASE AGREEMENT
International business company Kuna Labs Business Inc, registered and operating under the laws of the British Virgin Islands under the number 1995923 with the office at: Intershore Chambers, PO 4243, Road Town, Tortolla, the British Virgin Islands, and the User have entered into this agreement for the purchase of the KUN token ( hereinafter - the Agreement) as follows:
This Agreement is accepted by the Parties through the KUN Token Purchase Service. The undoubted acceptance of this Agreement by the User is the click on the “Buy KUN Token” button, transferring the cryptocurrency to the Project.
Parties use the following Terms in the indicated value:
1.1. The Project is an international business company Kuna Labs Business Inc, registered and operating under the laws of the British Virgin Islands, acting as the successor to the initial owner of all KUN tokens - natural person - a citizen of Ukraine, Chobanyan Mykhailo Gennadiyevich.
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.
1.4. KUN Token is an electronic token, the use of which is defined in the Agreement.
1.5. Site - a site located on the Internet at https://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: https://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.
1.12. 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 https://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. Enrollment 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.
2.3. The interaction of the User and the Project within the framework of the Agreement is carried out through the Service, unless otherwise established by agreement of the Parties.
3. TOKEN KUN. RULES FOR USE OF KUN TOKEN
3.1. On the conditions set out in the Agreement, the User agrees to buy, and the Project agrees to sell the 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 at BTC.
3.3. The KUN Token was released on the WAVES blockchain platform during the Crowdsale KUNA.IO campaign. The number of tokens is strictly limited. A total of 1,000,000 KUN was released. Tokens distributed during the sales period account for 30% of the total number of KUN tokens produced.
3.4. The price of KUN tokens is nominated in BTC.
3.5. All KUN tokens have different value and their value is fully market and contractual and depends on the concrete moment and date of purchase. All KUN tokens have the same functionality.
3.6. The User can place an order to sell KUN tokens.
3.7. Regardless of the nature, purpose and scope of KUN tokens, which was declared and existed at the time of their initial release, on the 1st of September 2017, KUN token belongs to the category of utility - tokens.
3.8. The user has rights to use KUN tokens as follows:
- to pay for accounts with increased limits;
- to receive services on the Site at a reduced cost;
- to ensure zero commission or reduced commission for transactions on the Site.
3.9. Premium accounts paid for with KUN tokens receive an additional dedicated channel of operational communication with the personal technical support operator.
3.10. The project has the right to change the functionality, purpose and rules for the use of KUN tokens at any time by posting information on the Project page.
4. LIMITATION OF LIABILITY
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 RESENTATION 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.
4.2. The project is only responsible for the proper functioning of the System and the maintenance of the correct operation of the smart contract system, which autonomously performs the KUN tokens submission process.
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, direct, 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. In addition, neither the Project nor any of its affiliates or licensors will be liable for any compensation, compensation or damages arising from: the inability of the User to use KUN tokens, including, without limitation, as a result of any termination or suspension actions of the WAVES network or this Agreement, including as a result of power failures, maintenance, defects, malfunctions of the Site; the cost of purchasing replacement goods or services; any investments, expenses or obligations that have arisen for the User in connection with this Agreement, or the use of Tokens by the User or access to them; or any unauthorized access, modification or deletion, destruction, damage, loss or storage error of any data associated with any KUN token.
4.5. 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.
4.6. The User will protect, indemnify and hold off 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.
4.7. 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 WAVES protocol. Since KUN tokens are based on the WAVES protocol, any malfunctions of the WAVES 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 WAVES platform 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 guarantees the following:
6.1.1. He 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 WAVES 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 the User buys KUN tokens on behalf of a subject, he has the right to accept this Agreement on behalf of such a person. Such person will be liable for violation of the provisions of this Agreement.
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.
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. Mandatory arbitration. Except for any disputes, claims, lawsuits, actions, causes, claims or proceedings (collectively, “Disputes”) in which either Party seeks judicial or other fair assistance regarding the alleged illegal use of intellectual property, including but not limited to copyrights, trademarks for goods and services, trade names, logos, trade secrets or patents, the User and the Project waive their respective rights that all disputes arising from this Agreement or associated with it, have been resolved in court, and the User and Project waives the right to a jury trial. Instead, the User and the Project resolve disputes by appealing to arbitration (which is assigning the Dispute to one or several people who are assigned to review the Dispute and make a final and binding determination to resolve the Dispute instead of sending the Dispute to a judge or jury in court).
9.2. Prohibition of collective arbitration, collective or representative claims. Any dispute arising in connection with or related to this Agreement is personal to the User and the Project and should be resolved exclusively through individual arbitration and should not be a collective or other type of representative action. There should be no collective arbitration or arbitration in which the person will intend to resolve the dispute, as a representative of another person or group of persons. Moreover, a dispute cannot be collective or other representative, whether inside or outside arbitration, or on behalf of any other person or group of persons.
9.3. Notifications, Informal Dispute Resolution. Each Party shall notify the other Party in writing of any Dispute within thirty (30) days from the date of its occurrence, so that the Parties may decide in good faith to settle the dispute informally. Notification to the Project is sent by e-mail: [email protected] Notification to the User should be sent by e-mail to the current e-mail address in his Personal Cabinet. The notice from the User must include (i) his name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or cause of the dispute, and (iii) the specific requirements of the User for the Project. If the User and the Project cannot agree on how to resolve the Dispute within thirty (30) days from the date of receipt of the notification by the relevant party, then either the User or the Project may, depending on the situation and in accordance with this section, initiate arbitration.
9.4. If the Parties fail to reach an agreement through negotiations, any dispute arising out of or relating to this Agreement must be considered and finally resolved in accordance with the Rules of the London Court of International Arbitration (LCIA). The place of arbitration is London, United Kingdom. The language of the arbitration will be English. This decision will be final and binding on both Parties and may be used or prepared for enforcement in any court having jurisdiction; If necessary, the application may be submitted to the appropriate competent court.
9.5. The Parties agree that information about the arbitration, including, but not limited to, information on the content of any arbitration award, is considered confidential and not disclosed to third parties without the written consent of the Parties, if not provided by law.
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. This Agreement is the complete agreement between the Project and the User regarding the subject matter of this Agreement. This Agreement replaces all previous or simultaneous statements, agreements or agreements between the Project and the User, whether written or oral, regarding the subject matter of this Agreement.