Terms Of Service - KryptoGO

By accessing or using the KryptoGO Services, you agree to these KryptoGO User Terms on behalf of yourself and any entity you represent, and you represent and warrant that you have the right and authority to do so. You further represent and warrant that you are fully able and competent to enter into, abide by, and comply with, the KryptoGO User Terms.

These terms of service shall apply to your use of the KryptoGO Services, unless your employer has signed an agreement covering your use of this Service (a “Corporate Agreement”), in which case the terms contained in such signed Corporate Agreement shall apply. By using the KryptoGO Services and/or accessing information therein, you are agreeing to these Terms of Service.

Your access to the KryptoGO Services is personal to you and may not be shared. Additionally, you are not allowed to redistribute any content within the KryptoGO Services, including but not limited to articles, data, images, etc., unless expressly permitted in your employer's signed Corporate Agreement. If you have any questions regarding this, please contact the KryptoGO Service Center.

By accessing or using the KryptoGO Services, you represent that you are of the legal age of majority in your jurisdiction as may be required to access and use the KryptoGO Services. If you have not reached the age of majority in your jurisdiction but are at least thirteen (13) years of age, your legal guardian must review these KryptoGO User Terms and explain them to you before you use the KryptoGO Services.

The technology underlying the Website and Products is provided by KryptoGO Co., Ltd. (“Tech Provider”), a company certified under ISO 27001 and 27701 to ensure compliance with technology systems standards. The Website and Products are operated by Kage PTE. LTD. (“Kage,” “Company,” “us,” “our,” and “we”), which ensures operational practices comply with the regulations of the Singapore government. Both the Website and Products are copyrighted works with their respective responsibilities as outlined.

Your submission of information, including personal information, through or in connection with the KryptoGO Services is governed by the terms of the Kage PTE. LTD. Privacy Policy as updated from time to time, available at https://kryptogo.com/privacy (“Privacy Policy”). In order to access or use the KryptoGO Services, you will be required to first accept the Privacy Policy. You will be prompted to accept the Privacy Policy upon your initial registration of an Account by clicking to accept. You will be prompted to accept updates to the Privacy Policy from time to time when you log in to your Account by clicking to accept the updated Privacy Policy.

When you accept the Privacy Policy, and any updates thereto, you consent to us collecting, accessing, using, processing, and retaining any personal information you provide to us so we may provide the KryptoGO Services to you. This consent does not affect any rights or obligations we or you have in accordance with data protection laws, privacy laws, and regulations.

1. Service

1.1 KryptoGO grants to you a non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Information and the Services pursuant to these Terms of Service.

1.2 KryptoGO retains control and ownership of the form and content of the Service itself. However, any content, assets, campaigns, or funds created, uploaded, or imported by the customer within the Service shall be considered the exclusive ownership of the customer. The customer retains full ownership rights over any content, including but not limited to images, text, websites, applications, campaigns, and funds, generated or provided by the customer. KryptoGO shall not claim ownership rights over such customer-generated content or assets, and the customer is free to use, modify, and manage them without requiring written permission from KryptoGO.

1.3 The Information contained within the Service is either licensed from third party information providers or is proprietary to KryptoGO. “Information” excludes any publicly available content, which is viewed at third party internet sites and accessed through the Service via links to such sites (“Web Content”). You acknowledge that rights to use the Information in these Terms of Service are contractual and exist independently of copyright law, accordingly these rights cannot be affected by any license from a copyright holder or a reproduction agent acting on their behalf.

1.4 The indexing codes and data used or available in the Service (the "Codes") are owned by either KryptoGO, its affiliates or a third party, and are protected by copyrights, database rights, trademarks and/or patents owned by the relevant party. No proprietary rights are being transferred with respect to the Codes. You may use the Codes solely to access Information from the Service and may not otherwise copy or re-distribute the Codes. You acknowledge that it may be required to obtain a license directly from the owner in connection with the receipt or delivery of third party Codes outside what is contemplated by these Terms of Service.

1.5 KryptoGO chooses the Internet sites through which any Web Content is made available however KryptoGO does not license the use of such Web Content. You are solely responsible for determining the extent to which you may use any such Web Content. KryptoGo does not accept any liability in relation to the Web Content.

1.6 Provision of a Service or any content not owned by KryptoGO is subject to the continuing consent of the owner/licensor. If at any time KryptoGO ceases publishing a Service to users generally, KryptoGO shall provide reasonable prior written notice of such cessation of the Service to you.

2. Use of the Service

2.1 You may access, download and print the Information for your own personal use.

2.2 You may not:(a) reproduce, distribute, display, sell, publish, broadcast or circulate the Information to any third party, nor make the Information available for any such use;(b) redistribute, publish or use the Information or any derived content (including charts from the Information) in any commercial news or information service, nor permit any third party to do the same;(c) use the Information or the attached Codes in conjunction with any systems or applications that enable any program trading (including without limitation algorithmic trading programs), data mining, text mining, or trend analysis function, or that integrate news with customer relationship management, order management, trading, or portfolio management tools or systems, or mid- or back-office applications;(d) remove, conceal or alter any copyright notices contained in the Service;(e) modify, reverse-engineer or disassemble any part of the Services or any software contained therein;(f) create or store in electronic form any shared library or archive of Information which could be used as a research application;(g) store any Information for more than 30 days; and/or(h) share the individual password provided by KryptoGO to you pursuant to which you are enabled to access the Service with any third party.

2.3 You agree to comply with any additional restrictions notified by means of any on-screen notices contained within an article of Information to which the additional restriction relates.

2.4 The retention period of personal data shall be 7 years. The data shall be anonymized or destructed when it expires.

3. Risk & Compliance Service

3.1 If you access content sourced from KryptoGO Service, you may access personal and sensitive data (“Data”), as defined in the UK Data Protection Act 1998、GDPR and its subsequent amendments. You and KryptoGO shall comply with the respective laws and regulations within the jurisdictions in which we process Data and the Data Processing Principles set out in the Data Processing Principles Schedule set forth below. Both parties acknowledge that an individual in relation to which Data is included in the Services (an “Individual”) can enforce in its country of establishment this provision against you or KryptoGo with respect to its Data.

3.2 Any news or other reference information included in the Risk & Compliance Service shall be considered “Information” for the purposes of these Terms of Service.

3.3 You shall only use the Data for: (a) assisting in complying with legal duties and regulations which apply to you; or (b) performing law enforcement duties.

3.4 In the event that a regulator or other legal authority to which you or KryptoGO are subject requires KryptoGO to perform an audit of your performance under these Terms of Service, you will, solely insofar as such audit is required by applicable law, submit your data processing facilities, data files and documentation, needed for processing, to reviewing, auditing and/or certifying by KryptoGO (or any independent or impartial inspection agents or auditors, selected by KryptoGO and not unreasonably objected to by you) to ascertain compliance with the warranties and undertakings in this Section, with reasonable notice. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within your country, which consent or approval you will attempt to obtain in a timely fashion.

3.5 If the Company transfers personal data to countries outside European Union, European Economic Area or the UK, it shall inform the data subject and take necessary safeguard measures to ensure data security and protect data subject's rights and interests.

4. Administrator

If you access the Service to administrate the use of the Services by individuals authorized by your employer to access the Services, you agree and confirm that you obtained the appropriate consent from each such individual to provide their information (names, location, e-mail address and phone details) to KryptoGO and are authorized to order services on behalf of your employer. The information you provide will be used by KryptoGO for administering access to the Service for such users including, specifically: (a) signing each individual up to the Service; and (b) sending such users their log-in credentials.

5. Fees

If applicable, you agree to pay the relevant fees to KryptoGO within 30 days of receipt of the corresponding invoice in accordance with the remittance instructions on that invoice.

6. Termination

6.1 If you are in breach of these Terms of Service, KryptoGO may suspend your access to the Service without penalty until such breach is remedied.

6.2 On termination of your access to the Service, you shall promptly purge all Information from the Service that you have stored.

7. Privacy

Registration data and other information provided by you to KryptoGO is subject to the KryptoGO privacy policy.

8. Warranty, Limitation of Liability, and Disclaimers

8.1 Your access to and use of KryptoGO Studio, including the Information, are provided on an "as is," "as available" basis. KryptoGO specifically disclaims any representations and warranties, whether express or implied, including without limitation, any representations or warranties of merchantability or fitness for a particular purpose. These Terms of Service do not grant you any rights against third-party information providers concerning the use of Information.

8.2 KryptoGO and its affiliates, shareholders, directors, officers, employees, and licensors shall not be liable (jointly or severally) for any direct, indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively referred to as the "Excluded Damages"). This limitation of liability applies whether such damages are characterized as negligence, tort, contract, or any other theory of liability, even if any of the KryptoGO Parties were advised of the possibility of or could have foreseen any of the Excluded Damages, and regardless of any failure or essential purpose of a limited remedy. In the event that any applicable authority deems any portion of this section unenforceable, the liability of the KryptoGO Parties will be limited to the fullest extent permitted by applicable law.

8.3 Please note that using the Service to send, receive, transfer, or hold Supported Digital Tokens or engage in any other permitted activity involves risks associated with cryptographic and blockchain-based systems. By using the Service, you accept all risks of and losses due to sending, receiving, transferring, trading, holding, or otherwise transacting with the Supported Digital Token on the Supported Protocol through the Service. It is your duty to learn about all the risks involved with digital assets, their protocols, and networks. The Company has no responsibility and is not liable to alert you to all the risks.

8.4 By using the Service, you acknowledge and accept these risks and that the Company accepts no responsibility in relation to these matters. You further understand and accept that:

  • The Company is not responsible for any service provided by third-party partners, third-party providers, or any other third party;
  • the blockchain protocols present their own risk of use, and supporting or participating in the protocol may result in losses if your participation violates certain protocol rules;
  • the protocol upgrades may inadvertently contain bugs or security vulnerabilities that may ultimately result in loss of functionality and funds;
  • blockchain-based transactions are irreversible;
  • your Web3 PIN and secret Recovery Method must be kept secret at all times, and the Company will not store a backup of, nor will be able to discover or recover your Web3 PIN or secret Recovery Method;
  • digitally copying and storing your Web3 PIN and secret Recovery Method on a cloud storage system or other third-party supported data storage, including your personal device, may increase the risk of loss or theft; or
  • you are solely responsible for any approval or permissions you knowingly or unknowingly provide by signing Transactions using your Web3 PIN.

8.5 You understand and accept that digital assets such as the Supported Digital Tokens can present market volatility risk, technical software risks, and cybersecurity risks. The value of digital assets, in particular digital assets that are not fully fiat-collateralized stablecoins, can increase or decrease unexpectedly, such that you may lose some or all the value in your Supported Digital Tokens. A Transaction may be unconfirmed for a period of time and may never be complete if it remains in a pending state. You may also lose your Supported Digital Tokens and will not be able to recover them if you send or transfer the Supported Digital Tokens to another wallet that is not supported by the Service or not compatible with the Supported Digital Tokens. The Company has no control over, and makes no representation regarding the value of any digital assets, or the security of their networks or protocols.

8.6 Without limitation of the Agreement, you acknowledge and agree that:

  • neither the Company nor any service provider screens, evaluates, pre-vets, guarantees the functionality of, or provides assurance of any kind regarding any Supported Digital Tokens (or its underlying smart contract or related price data from third parties);
  • the Company shall not be liable for any errant or unexpected behavior of a Supported Digital Token smart contract;
  • specific protocols related to the Supported Digital Tokens may differ;
  • your continued use of the Supported Digital Token may depend on elements beyond the Company's control, including applicable protocols; and
  • you are solely responsible for complying with applicable laws relating to your ownership and use of your Supported Digital Tokens. The Company reserves the right to discontinue supporting any Supported Digital Tokens due to legal, regulatory, or reputational reasons (as determined by the Company in its discretion), and on written notice to you, you agree to promptly retrieve any such Supported Digital Token.

9. Notices

Notices shall be sent to the electronic mail address that you provide upon registration. Any notices from you must be sent to KryptoGO Customer Service. Notice shall be deemed received on the date sent.

10. General

10.1 These Terms of Service represent the entire agreement between both parties relating to the Service and supersede all prior agreements and representations. No failure or delay by any party in exercising any right, power or remedy under these Terms of Service shall operate as a waiver of any such right, power and/or remedy. Neither party will be liable for any loss or failure to perform an obligation due to circumstances beyond its reasonable control.

10.2 These Terms of Service shall be available in the languages supported by the system, and no translation into any other language may be used in their interpretation.

10.3 These Terms of Service shall be governed by, construed and take effect in accordance with the laws of Taiwan, Republic of China, without regard to any conflict or choice of law principles.

By using the Service, you: agree to be bound by these Terms of Service and warrant that the information that you have provided through registration is true and accurate; and further warrant that you are over the age of 18 and are legally able to bind yourself to these Terms of Service.

11. Personal data management system

The Company shall establish a comprehensive personal data management system and auditing mechanism, including security measures, relevant standard operating procedures, and regular audits.

Data Processing Principles Schedule

KryptoGO and you shall comply with their respective laws and regulations within the jurisdictions in which they process the Data and the Data Processing Principles set out below.

  1. Purpose limitation: Personal data collected by the Service may only be processed and used for the purposes of user identity verification, provision of services, service quality improvement, marketing or statistical research. Any other purposes shall obtain prior consent from the data subject. If you are processing special categories of data, defined under Article 8 of the European Directive 95/46/EC as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life (“Sensitive Data”), it shall only process it for the purpose of preventing fraud or a similar crime (the “Purposes”).
  2. Data quality and proportionality: Data must be accurate and, where necessary, kept up to date. The Data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.
  3. Transparency: Individuals must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by KryptoGO.
  4. Security and confidentiality: Technical and organizational security measures must be taken by you that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, presented by the processing.
  5. Rights of access, rectification, deletion and objection: An Individual must, whether directly or via a third party, be provided with the Information about him/her that an organization holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or have been dismissed by the relevant data protection authorities, or when doing so would be likely to seriously harm your interests or other organizations dealing with you and such interests are not overridden by the interests or fundamental rights and freedoms of the Individual. The sources of the Data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the Individual would be violated. An Individual must be able to have the Data about him/her rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, KryptoGO or you may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the Data have been disclosed need not be made when this involves a disproportionate effort. The burden of proof for any refusal rests on you or KryptoGO, and the Individual may always challenge a refusal before the relevant data protection authorities.
  6. Sensitive Data: You shall take such additional measures (e.g. relating to security) as are necessary to protect such Sensitive Data in accordance with its obligations under the Terms of Service.
  7. Automated decisions: For purposes hereof “automated decision” shall mean a decision by KryptoGO or you which produces legal effects concerning an Individual or significantly affects an Individual and which is based solely on automated processing of Information intended to evaluate certain personal aspects relating to him/her, such as his/her performance at work, creditworthiness, reliability, conduct, etc. You shall not make any automated decisions concerning Individuals, except when (a) (i) such decisions are made by you in entering into or performing a contract with the Individual; and (ii) the Individual is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties; or (b) where otherwise provided by applicable laws or regulations.