Terms of Use Changes

English

Note: The English Terms of Use have been completely updated. This section only contains the revised version of the Terms of Use changes. For the current version, please refer to the Current Version

These amended Terms and Conditions shall take effect on June 12, 2023.

Article 1 (Purpose)

The purpose of these Terms and Conditions (hereinafter, the “Terms and Conditions”) is to prescribe the rights, obligations and responsibilities of Klaytn Foundation Limited (hereinafter, the “Company”) and its Members (as defined in Article 2), with respect to membership registration by service users and their use of the digital wallet service called Kaikas (hereinafter, the “Services”) provided by the Company through a browser extension program, mobile app, etc. ​

Article 2 (Definition of Terms)

  1. “Services” refer to Kaikas, a digital wallet service based on blockchain technology that can be used irrespective of the terminal (including various wired and wireless devices such as PCs and portable terminals), and all services related thereto.

  2. “Smart Contracts” refer to bundles of codes written in a language that can be operated as a program on the Klaytn blockchain platform.

  3. “BApp (Blockchain Application)” refers to a seperate and independent service that is operated through Smart Contracts and a series of programs on the Klaytn blockchain platform.

  4. “Transactions” refer to individual transactions taking place on the Klaytn blockchain platform, such as transfer of KLAY or Tokens, distribution and operation of Smart Contracts, and change of account status.

  5. “Digital Assets” refer to all data on the blockchain, including coins, tokens and cards, which act as a means for storage of value and medium of exchange through electronic means within the Services.

  6. “KLAY” refers to Digital Assets that can be used on the Klaytn blockchain platform.

  7. “Tokens” refers to a form of Digital Assets issued on the Klaytn blockchain platform through Smart Contracts.

  8. “Non-fungible Tokens (NFTs)” refer to blockchain-based non-fungible Digital Assets containing metadata regarding images, videos, music, books, etc. (hereinafter, “Images, etc.”) that are issued and grant specific rights regarding such Images, etc. to their owners.

  9. “Cards” refer to Digital Assets in the form of NFTs provided through the Services or BApp.

  10. “Klaytn Compatible Tokens (KCTs”)” refer to convertible tokens that can be used on the Klaytn blockchain platform.

  11. “Members” refer to individual users entering into a service agreement with the Company in accordance with these Terms and Conditions and using the Services provided by the Company.

  12. “Wallet” refers to a Service whereby Digital Assets linked to a Member’s account can be verified and stored, and Digital Assets can be exchanged through a Member’s account address.

  13. “Account Address” refers to a unique identification address that exists on the Klaytn blockchain platform given to each account for recording changes in a Member’s Digital Assets in the Services.

  14. “Password” refers to an identification number consisting of a combination of letters and/or numbers over a certain length set by a Member which allows him/her to verify that he/she is the Member matching the account and Account Address.

  15. “Seed Phrase” refers to a unique combination of English words that is used in the process of recovering a Member’s account or creating an additional account.

  16. “Klaytn Wallet Key” refers to a unique combination of letters and numbers used for the signing and approving of the transfer of KLAY and Tokens held by an Account Address.

Terms used in these Terms and Conditions, unless separately defined in the preceding Article, shall have the meanings ascribed to them in applicable laws and general business practices.

Article 3 (Enforceability and Amendment of the Terms and Conditions)

  1. The Company shall publish these Terms and Conditions on the Service launch screen so that it can easily be informed to Members.

  2. The Company may amend these Terms and Conditions within the scope permitted by applicable laws.

  3. In the event the Company amends these Terms and Conditions, it will make a notice of such amendment in accordance with above Paragraph 1 by reasonable means from seven (7) days to one (1) day before the enforcement date of the amended Terms and Conditions by providing both the existing and amended Terms and Conditions, and clearly stating the enforcement date (hereinafter, the “Enforcement Date”) and reasons for the amendment; provided, however, in the case where these Terms and Conditions are amended in such a way that may be disadvantageous to Members, the Company will make a notice with a grace period of at least thirty (30) days. In this case, the amendments shall be indicated in such a way that can easily be informed to Members.

  4. When a Member does not agree with the amended Terms and Conditions, he/she shall express such objection to the Company by one (1) day before the Enforcement Date, in which case the Company shall not apply the amended Terms and Conditions to such Member and he/she may terminate the Service Agreement; provided, however, the Company may terminate the Service Agreement if special circumstances make the existing Terms of Service inapplicable to the said Member. ​

Article 4 (Rules Other Than the Terms and Conditions)

​Matters not stipulated herein and interpretation of these Terms and Conditions shall be determined by the Terms of Service Use separately set forth by the Company, applicable laws and general business practices.​

Article 5 (Execution of the Service Agreement)

  1. The Service Agreement for the Services provided by the Company is executed when a person who wishes to become a Member (hereinafter, the “Applicant”) installs the Services, consents to these Terms and Conditions, and is provided with the Services.

  2. The Company may defer the approval of a membership application (i.e., defer the provision of the Services) when there is shortage of Service-related facilities, or technical or business-related problems.

  3. In the event that a membership application is deferred in accordance with above Paragraph 2, the Company notifies the Applicant in principle.

Article 6 (Obligations of Personal Information Protection)

​When the Company collects Members’ personal information for providing the Services, it makes reasonable effort to protect their personal information in accordance with the relevant laws.

Article 7 (Obligations of Members Regarding the Management of Klaytn Wallet Keys, Seed Phrases and Passwords)

  1. The obligation to store and manage a Member’s Klaytn Wallet Key, Seed Phrase and Password is borne by the Member and he/she shall not allow a third person to use the same.

  2. When a Member becomes aware that his/her Klaytn Wallet Key, Seed Phrase or Password has been stolen or is being used by a third person, the Member shall notify the Company immediately and follow the Company’s instructions.

  3. In the case of Paragraph 2, the Company shall not be liable for any damage incurred by the Member by not notifying the Company of the relevant facts or not following the Company’s instructions after notifying it of the same, unless such damage is caused by the Company’s intent or negligence. ​

Article 8 (Obligations of the Company)​

  1. The Company makes its best efforts to comply with applicable laws and these Terms and Conditions, and to provide the Services in a continuous and stable manner.

  2. The Company has the necessary manpower and systems to properly handle Members’ complaints or damage relief requests that may arise in relation to Service use.

  3. In handling a Member’s opinion or request, the Company may communicate its process and result to the Member through email, etc. ​

Article 9 (Obligations of Members)​

  1. Members shall not engage in any of the following acts:

    1. Registering false information when applying for an account or modifying account information;

    2. Using another person’s information illegally;

    3. Modifying information published by the Company;

    4. Transmitting or publishing information (computer programs, etc.) other than that allowed by the Company;

    5. Infringing intellectual property rights, etc., of the Company and other third parties;

    6. Tarnishing the reputation or disrupting the business of the Company and other third parties;

    7. Disclosing or publishing in the Services obscene or violent messages, videos, voices and other information in breach of social order or public morals;

    8. Using the Services for commercial purposes without the Company’s prior consent; and

    9. Other illegal or wrongful acts in violation of applicable laws.

    10. Members shall comply with applicable laws, these Terms and Conditions, Service use instructions and announcements or notices of the Company in relation to the Services, and shall not engage in acts that interfere with the Company’s business operations. ​

Article 10 (Provision of Services)

  1. The Company provides the following Services to Members:

    1. Creation of new Account Addresses;

    2. Verification of Digital Assets such as KLAY;

    3. Transmission of Digital Assets such as KLAY;

    4. Registration and removal of Tokens shown through the Services;

    5. Approval and signing of requests for various Transactions on BApp;

    6. Importing and exporting a Klaytn Wallet Key;

    7. Transmission and management of Cards (in the case of mobile apps); and

    8. All services provided to Members through additional development by the Company or partnership agreements with other companies.

  2. The Services, in principle, are provided twenty-four (24) hours a day, all year round. ​

Article 11 (Service Data Deletion Policy)

  1. In the event Services installed on a Member’s terminal are deleted or disabled, or a Member’s account information is deleted from the terminal, all data related to the Services are initialized, and Members who wish to use the Services again must reset the Services.

  2. Deleted or initialized data can only be recovered through Seed Phrases, so Members shall exercise caution in storing their Seed Phrases and the Company shall not be responsible or liable for it.

Article 12 (Restriction on the Use of Digital Assets Based on Other Blockchain Platforms)

  1. The Services enable the transmission and storage of Digital Assets that can be used on the Klaytn blockchain platform, and the use of the Services may be restricted for Digital Assets based on blockchain platforms other than Klaytn. Members may use the Services, such as the transmission, storage, etc. of Digital Assets, provided that such Digital Assets are convertible to the Services provided by the Company.

  2. The Company is not liable for any Digital Assets based on blockchain platforms other than Klaytn that are transmitted to Wallets provided by the Company due to a Member’s carelessness, in which case the Member shall not be able to make any claims whatsoever against the Company.

  3. The Company does not provide any guarantees regarding policies, etc. for the operation of KCTs and all responsibilities regarding KCTs are borne by third parties that issue and operate KTCs. KCTs provided in the Services may vary subject to the policies, contracts, scope of support, operational policies, etc. of third parties. For details, please refer to the policies of relevant third parties.

Article 13 (Modification and Suspension of Services)

  1. The Company may modify or suspend the Services, in part or in whole, for any one of the following operational or technical reasons related to the Services:

    1. In the event that there has been or may potentially be an illegal or inappropriate activity in relation to the Services;

    2. In the event of maintenance inspection of information and communication facilities such as computers, equipment replacement and failure, or communication interruption;

    3. In the event of unavoidable circumstances such as maintenance and repair of Service-related facilities;

    4. In the event of an interruption upon normal Service provision due to power outage, equipment failure, excessive traffic, etc.;

    5. In the event of widespread network failure at national or regional level; and

    6. In the event where the Services cannot be provided due to natural disasters or other force majeure events equivalent thereto.

  2. In the event of any suspension or modification regarding the contents, method/time of use, etc. of the Services, the Company shall notify Members in advance of the reasons for such suspension/modification, suspension period, description and date of the Services being modified, etc. by publishing a notice on the App Store where the Services are provided or by other reasonable means; provided, however, the Company may notify Members after the suspension or modification in inevitable circumstances.

  3. The Company may modify or suspend all or part of its complimentary Services in accordance with its policy or operational needs, and shall not provide any compensation whatsoever to Members unless required by special provisions of the law or a Member’s Wallet or Account Address is lost or deleted due to the Company’s intent or negligence. ​ ​

Article 13-2 (Provision of Information and Publishment of Advertisements)

  1. The Company may publish advertisements on the Service screen and its homepage, and provide relevant information via email, KakaoTalk messages, etc. to Members who have consented to receiving such information.

  2. The Company may provide various information necessary for the use of the Services by Member via the notice, email or Kakao Talk messages, etc to Members. The Company may transmit information under the preceding Paragraph by phone or facsimile upon obtaining the Member’s consent.

  3. The Company shall have no liability whatsoever regarding any damages incurred by Members by participating in, communicating with, or engaging in a transaction in relation to advertisements published on the Service screen, etc., unless the advertisement had evidently contained illegal content or provided false information, and the Company had prior awareness thereof.

  4. All advertisements (including links to other websites) taking place in accordance with this Article are provided to Members by third parties and the Company has no rights or interest of any kind in relation to such advertisements provided by third parties.

Article 14 (Termination, Cancellation, Etc. of Contract)

  1. Members may terminate the Service Agreement with the Company at any given time by deleting the Services.

  2. The Company may terminate the Service Agreement in any one of the following cases:

    1. When a Member acts in violation of these Terms and Conditions;

    2. When a Member acts in violation of applicable laws, such as providing illegal programs, obstructing Service operation, engaging in illegal communication, hacking, distributing malicious programs, exceeding access rights; and

    3. When a Member obstructs smooth operation of the Services or makes such an attempt.

  3. When the Service Agreement is terminated in accordance with this Article, all benefits obtained by the Member through Service use shall expire and the Company provides no separate compensation for such expired benefits.

  4. The Company does not separately store, manage or save Klaytn Wallet Keys. Therefore, Members shall exercise caution in the backup and management of Klaytn Wallet Keys before removing the Services.

  5. When the Company terminates the Service Agreement in accordance with Paragraph 3, the Company may store a Member’s information for a certain period of time for purposes such as receiving and handling his/her objections.

Article 15 (Limitation of Liability)

  1. In the event the Company is unable to provide the Services due to natural disasters, changes in laws, court or government orders, or other force majeure events equivalent thereto, the Company shall be exempt from liability in relation to the provision of Services.

  2. The Company shall not be liable for obstructions in Service use due to causes attributable to Members unless such obstructions are caused by the Company’s intent or negligence.

  3. The Company bears no liability in relation to the reliability, accuracy, etc. of information, data and facts published by Members regarding the Services.

  4. The Company shall be exempt from liability in the case of transactions, etc. between Members or between a Member and a third party using the Services as a medium.

  5. The Company shall bear no liability in relation to complimentary Services unless required by special provisions of the law or the Company is liable due to its intent or negligence.

  6. The Company shall not be liable for any damages caused by failure of the Klaytn blockchain platform unless such damages are caused by the Company’s intent or negligence.

  7. The Company only provides the functions of storing and transmitting Digital Assets through the Services and has no obligation to manage the Members’ Digital Assets themselves. All liabilities in relation to the management of Accounts and Digital Assets including the storage of Klaytn Wallet Keys Seed Phrases, etc., and the prevention of theft and loss thereof are borne by the Members, and the Company shall bear no liability whatsoever unless there is a cause attributable to the Company.

  8. Members shall be liable for the accuracy of addresses provided by third parties within the Services and the Company shall bear no liability in relation to signatures and transmissions made to addresses inaccurately provided by Members.

Article 16 (Compensation for Damages)

  1. The Company makes no representations or warranties of any kind within the limits permitted by law regarding any specific matters in relation to the Services that are not stipulated in these Terms and Conditions. In addition, the Company provides no warranty for the value of any Digital Asset. The Company provides no warranty regarding the reliability, accuracy, etc. of the information, data or facts published by Members in the Services and bears no liability for any damages incurred by Members therefrom, unless such damages are caused by the Company’s intent or negligence.

  2. In the case where damages are incurred by Members due to causes attributable to the Company, it shall in principle compensate for such damages within the scope of ordinary damages as stipulated by the applicable laws. and damages caused by special circumstances are included in the scope of compensation only when the Company knew or could have known such circumstances.

  3. Notwithstanding Paragraph 2, Members may fully or partially be liable in any one of the following cases:

    1. When a Member fails to notify the Company despite knowing the cause of damages or the occurrence thereof;

    2. When a Member leaks account or transaction information related to Wallets or has a third party use the same by intent or negligence; and

    3. In other cases where a Member’s intent or negligence causes damages.

  4. The Company shall not be liable for compensation in relation to any damages incurred by Members unless such damages are caused by the Company’s intent or negligence.

  5. In the event that information provided by a Member to the Company is different from facts, the Company may at any time suspend the provision of the Services and terminate the whole or part of the Service Agreement in accordance with these Terms and Conditions, and if any damages are incurred by the Company in the process, the Company may claim compensation from the Member.

  6. In the event that a Member causes damage to the Company by intent or negligence, such as interrupting the operations of the Company’s systems or other acts that violate the laws, these Terms and Conditions and public policy, the Member shall compensate for all damages incurred by the Company.

  7. In the event that a Member claims compensation from the Company, the Company may compensate the Member for damages by paying Digital Assets to his/her Wallet by mutual agreement.

Article 17 (Intellectual Property Rights)

All intellectual property rights in relation to the Company’s Services shall belong to the Company. Members are entitled only to the use of the Services within the scope of the purposes for Service use in accordance with the methods set forth by the Company in these Terms and Conditions, etc., and under no circumstances shall have the right to modify, register or cancel intellectual property rights owned by the Company.

Article 17-2 (Transfer of Rights and Obligations)

The Company may transfer all of its contractual status, rights and obligations under these Terms and Conditions (including individual terms and conditions) to other persons through a business transfer, merger, division, divisional merger and asset transfer. The Company (or the transferee) may ask Members accessing the Services for the first time after the conclusion of the transfer, whether they consent to the transfer of the Company’s contractual position, etc. by appropriate means, such as a pop-up message, and may provide the Services only to those Members who have given their consent.

Article 18 (Governing Law and Jurisdiction)

  1. These Terms and Conditions shall be governed by the laws of the Republic of Singapore.

  2. Any dispute between the Company and Members arising in connection with these Terms and Conditions shall be subject to legal proceedings in the competent courts of the Republic of Singapore.

Supplementary Provisions These Terms and Conditions shall take effect on June 12, 2023.

Current version

This Terms of Use is effective as 25th July 2022.

1. Acceptance of Terms

These Terms of Use (the "Terms" or "Terms of Use") defines the relationship between Sfresso247 Inc ("Sfresso247 Inc", "Company", "we", "us", or "our"), which provides a browser plugin (the “Website”) and mobile application (the “App”) managing Klaytn accounts and associated Klaytn assets, and users of the Service ("User", "Member", "you", or "your"). The Website, the App or other services offered from time to time are referred to here as the “Services” or “Kaikas”. Please read these Terms of Use carefully before using the Service. ​ By using or otherwise accessing the Service, you (a) accept and agree to these Terms and (b) agree to any additional terms, rules and conditions of participation issued by Sfresso247 Inc from time to time. If you do not agree to the Terms, then you may not access or use Kaikas. If we are unable to provide the Service for any technical or inevitable reasons, we may suspend the registration and prohibit from using the Service. We should notify you if we're unable to provide the Service or reject/suspend the registration, using any possible means. ​

2. Modification of Terms of Use

Sfresso247 Inc displays these Terms of Use on Kaikas startup page so that you can easily see the details of Kaikas Terms of Use. ​ Sfresso247 Inc reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time, as long as the modifications don't violate "Act on the Regulation of Terms and Conditions", "Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.", and other applicable laws. We will notify you of reasons for such modifications and the effective date of such modifications at least 7 days in advance, using reasonable means to notify. Moreover, in the event of material modifications of the Terms that may put you at a disadvantage, we shall make notifications at least 30 days in advance with clear comparisons of the contents that have been changed. If you do not consent to the modified terms and conditions, we may not be able to apply the modified Terms and provide applicable Service; and you can terminate this Terms of Use. If we cannot provide the Service complying with the previous Terms for any reason, Sfresso247 Inc may terminate this Terms of Use.

3. Additional Terms and Conditions

Some of the Services may require additional terms and conditions. You should comply with applicable laws and regulations or the terms and conditions not specified in these Terms.

4. Personal Information

Sfresso247 Inc safely manages and protects Members' personal information according to "Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.", "Personal Information Protection Act", and other applicable regulations.

5. Account Password and Security

When setting up an account within Kaikas, you will be responsible for keeping your own account secrets, which may be a private key for Klaytn("Klaytn Wallet Key"), a twelve-word phrase to create or restore Klaytn accounts in hierarchical deterministic way ("Seed Phrase"), a password to unlock Kaikas ("Password"), an account file, or other locally stored secret information. Kaikas encrypts this information locally with a password you provide, that we never send to our servers. You agree to (a) keep your secret information and password confidential and do not share them with anyone else and (b) immediately notify Sfresso247 Inc of any unauthorized use of your account or breach of security. Except for the case of Sfresso247 Inc’s willful misconduct or gross negligence, Sfresso247 Inc shall not be liable for any direct or indirect loss or damage arising from your failure to comply with this section.

6. Responsibilities of the Company

Sfresso247 Inc shall try its best to provide its Service in a stable manner, 24 hours a day, all year around, and comply with the Terms and applicable laws and regulations. Sfresso247 Inc shall pay attention to your valuable opinion or explicit complains. You may at any time provide your opinion or communicate matters requiring improvement related to the Service through contact e-mail: contact@kaikas.io. The Company may provide updates on how they were or will be handled via appropriate electronic means, such as e-mail.

7. Responsibilities of Users

By using Kaikas, you agree NOT to (a) enter false information on registration or account when registering and updating process, (b) make use of information of other personnel, (c) modify the contents published by the Company, (d) transfer or publish the information not specified by the Company, (e) infringe intellectual property rights of the Company or other its licensors, (f) degrade or obstruct the business of the Company or other applicable parties, (g) publish obscene or violent contents in a form of messages, videos, voices, or others, (h) use the Service in a purpose of profit-making, or (i) perform other illegal actions. You agree to abide by our Terms, user guidelines, announcements published by the Company, and notifications.

8. The Contents We Provide​

Kaikas provides the features including, but not limited to, (a) creating new Klaytn accounts, (b) displaying balances of digital assets such as KLAY, (c) sending of digital assets such as KLAY, (d) adding KCT to token list UI provided by the Website, (e) NFT card sending and management by the App, (f) authorize the connection and signing requests from Blockchain Applications ("BApp"), (g) import or export Klaytn Wallet Key, (h) and all the other features to be provided by Sfresso247 Inc or other entities in cooperation with Sfresso247 Inc While Sfresso247 Inc is trying its best to provide the Service 24 hours a day, all year around, Sfresso247 Inc may have to suspend its Service due to maintenance, replacement, repair, network failure of system or any significant operational issues. In this case, if the event can be foreseen, Sfresso247 Inc should provide prior notification before a considerable period of time, and if the event cannot be foreseen, Sfresso247 Inc shall provide a post notification by reasonable means.

9. Service data deletion policy​

When the service installed on the user terminal is deleted or canceled, or the user's account information is deleted from the terminal, all data related to the service is initialized, and the user who wants to use the service again must reset the service. When deleting or initializing data, it is not possible to recover except for the seed phrase.

10. Restrictions on the use of digital assets based on other blockchain platforms

The service only allows the transmission and storage of tokens and digital assets that can be used on the blockchain platform Klaytn. Users can only transfer, store, etc. digital assets provided or permitted by the company. The company is not responsible for any problems caused by the user's negligence without checking the Terms of Use, and the user cannot make any claims to the company. ​ The responsibility for the KCT provided by the service lies with the third party that issues and operates the KCT. Please refer to the third.

11. Modification or Suspension of the Service

Sfresso247 Inc may change, modify or terminate the Service in part or in whole in accordance with operational or technical issues or requirements, (a) cases where illegal activities occur or are likely to occur through the service, (b) In the event of a repair and inspection of information and communication facilities, such as computers, replacement and failure of equipment, or loss of communication, etc, (c) where there are unavoidable circumstances, such as facility maintenance, etc., for services, (d) where it is hindered from providing normal services due to power failure, disability of all facilities, or congestion of usage, (e) when extensive network failures occur across the country or in a particular region, (f) where the service cannot be provided due to a natural disaster or equivalent force majeure. When contents, the way to access, or available period of Service are changed, Sfresso247 Inc should provide the reasons of change, the contents of the Service, or available period to the store ("App Store") of each web browser where the Service is provided or reasonable media before the change. If there is a significant reasons where Sfresso247 Inc cannot notify Users in advance, Sfresso247 Inc shall provide a post notification by reasonable means without delay. When the Service is changed, modified, or terminated in whole or in part, Sfresso247 Inc may make compensation if there is a special provision in applicable laws or a User's account is lost or deleted due to the sole reason attributable to Sfresso247 Inc’s willful misconduct or. Otherwise, Sfresso247 Inc shall not make any compensation.

11-2. Provision of information and publication of advertisements

The company can post advertisements on the service screen or homepage and can provide related information to members who have agreed to receive them through e-mails.The company may provide the members with various types of information deemed necessary by the members through announcements, e-mails. With the member's permission, the company can send the information in the last paragraph by phone or through a device that sends information. The Company shall not be liable for any damages caused by members' attempts to participate in, communicate, or engage in related transactions in advertising on the service screen unless the company has been aware of such information in advance. All advertisements made under this section (including links to other websites, etc.) are provided to members by third parties, and the company has no rights or interests in the advertisements provided by third parties.

12. Termination of the Service

You can terminate these Terms of Use at any time, by removing the Service from your web browser. Sfresso247 Inc can terminate these Terms of Use if (a) you don't comply with these Terms, (b) you don't comply with applicable laws and regulations, such as providing illegal program, interfering the Service, performing illegal connections or hacking, distributing a malicious program, or trying to nullify permission controls, (c) you resulted in or tried obstructing the Service performance. When these Terms are terminated, all the benefits acquired via the Service are expired and Sfresso247 Inc shall not make compensation for any losses caused by the termination. A Klaytn Wallet Key is only stored locally in a user's computer and is not stored in Sfresso247 Inc Therefore, Users must back up their Klaytn Wallet Keys before removing the Service. In case these Terms are terminated by Sfresso247 Inc, the Company can hold the Users' information for a specific amount of time to receive and process objections from Users. ​

13. Limitation on Liability

​If there are any significant operational issues such as natural disasters or inevitable events, the Company is not liable to provide the Service. Except for the case due to the Company’s willful misconduct or gross negligence, the Company is not responsible for (a) the service failures/suspensions caused by a force majeure event/act of God which is beyond reasonable control of the Company, (b) the service failures caused by Users, (c) reliability and accuracy of the contents, information, or facts posted by Users, (d) transactions or trades between Users or 3rd party entities using the Service, (e) the parts of Service provided with free charge, unless there are applicable laws or regulations, and (f) any direct/indirect damages originated from the service failures of Klaytn blockchain platform, (g) Obligation to manage digital assets and Klaytn wallet keys, (h) correctness of sending address.

14. Indemnity

The Company shall not promise or guarantee (a) any express/implied guarantees or statements which are not expressly specified in these Terms of Use, unless there are applicable laws, (b) the value of digital assets, which were not published by the Company, and (c) the completeness, reliability and accuracy of the contents, information, or facts posted by Users. The Company is not responsible for the damage caused by these information. In case the damage is caused by the reasons which the Company is responsible for, the liability includes direct damages specified by civil laws, and in any case, the Company shall not be responsible for any indirect, special and/or consequential damages. Except for the case due to the Company’s willful misconduct or gross negligence, the Company is not responsible for the damages, as a whole or partially, if (a) Users didn't notify the Company while they were aware of the cause or occurrence of the damages, (b) Users have provided the account or transaction information to others or allowed other people to use their wallet, intentionally or mistakenly, or (c) the damages were originated from Users' intention or mistake. If the information Users provided is untrue, the Company may stop providing the Service, terminate the Terms as a whole or partially at any time, or claim for damages to the Users if it resulted in damages for the Company. If Users resulted in damages for the Company by the actions which violate applicable laws, the Terms, or public order intentionally or mistakenly (i.e. interrupting operations for the Service) the Users should indemnify all the damages caused to the Company. When a Users claims for damages to the Company, the Company could indemnify the damages by providing digital assets to the User's wallet, if the agreement was made between the User and the Company.

15. Intellectual Property

All title, ownership and intellectual property rights in and to the Service are owned by Sfresso247 Inc or its licensors. You are granted the permission to use the Service according to the ways that Sfresso247 Inc has specified by these Terms of Use. At any case, you shall not to modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the Service, in whole or in part.

15-2. The transfer of rights and obligations

The Company may transfer all of the Company's contractual status, rights, and obligations under these terms and conditions (including individual terms and conditions) to another person by business transfer, merger, division, merger, or asset transfer. The company (or transferee) may ask the member accessing the service for consent to the transfer of the company's contract status, etc. in an appropriate manner, such as a pop-up, after the end of the transfer transaction, and may only provide the service to the member who agrees. ​

16. Applicable Law and Jurisdiction​

The Terms shall be governed by the laws of the Republic of Korea. Any disputes arising between a User and the Company shall be referred to and finally resolved by the rules of the Korean Commercial Arbitration Board at Seoul, Republic of Korea. The award under such arbitration shall be final against parties concerned.

Korean

KAIKAS 이용약관 변경 사항 고지 이 개정된 이용약관은 2023년 6월 12일부터 효력이 발생합니다.

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본 약관은 서비스 이용자가 Klaytn Foundation Limited(이하 "회사")가 제공하는 브라우저 확장 프로그램, 모바일 앱 등을 통한 디지털 지갑 서비스 Kaikas(이하 "서비스")에 회원으로 가입하고 이를 이용함에 있어 회사와 회원(아래 제2조에서 정의)의 권리•의무 및 책임사항을 규정함을 목적으로 합니다.

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본 약관은 서비스 이용자가 Sfresso247 Inc(이하 "회사")가 제공하는 브라우저 확장 프로그램, 모바일 앱 등을 통한 디지털 지갑 서비스 Kaikas(이하 "서비스")에 회원으로 가입하고 이를 이용함에 있어 회사와 회원(아래 제2조에서 정의)의 권리•의무 및 책임사항을 규정함을 목적으로 합니다.

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  1. "스마트 컨트랙트"라 함은 Klaytn 블록체인 플랫폼 위에서 프로그램으로 동작 가능한 언어로 작성된 코드 뭉치를 의미합니다.

  2. "회원"이라 함은 본 약관에 따라 회사와 이용계약을 체결하고, 회사가 제공하는 서비스를 이용하는 이용자 개인을 의미합니다.

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  1. "스마트 컨트랙트"라 함은 Klaytn 블록체인 플랫폼위에서 프로그램으로 동작 가능한 언어로 작성된 코드 뭉치를 의미합니다.

  2. "회원"이라 함은 본 약관에 따라 회사와 이용계약을 체결하고, 회사가 제공하는 서비스를 이용하는 고객 개인을 의미합니다.

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  1. 회사는 관련 법령을 위배하지 않는 범위에서 본 약관을 개정할 수 있습니다.

  2. 회사가 본 약관을 개정할 경우에는 개정 약관이 적용되는 시점(이하 "적용일자") 및 개정사유를 명시하여 현행 약관과 함께 상기 제1항의 방식에 따라 그 개정약관의 적용일자 7일 전부터 적용일자 전일까지 합리적인 방법으로 공지합니다. 다만, 회원에게 불리하게 본 약관을 개정할 경우에는 최소한 30일 이상의 사전 유예 기간을 두고 공지합니다. 이 경우 회사는 개정 사항을 회원이 알기 쉽도록 표시합니다.

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  1. 회사는 "약관의 규제에 관한 법률", "정보통신망 이용촉진 및 정보보호등에 관한 법률(이하 "정보통신망법")" 등 관련 법령을 위배하지 않는 범위에서 본 약관을 개정할 수 있습니다.

  2. 회사가 본 약관을 개정할 경우에는 개정 약관이 적용되는 시점(이하 "적용일자") 및 개정사유를 명시하여 현행 약관과 함께 제1항의 방식에 따라 그 개정약관의 적용일자 7일 전부터 적용일자 전일까지 합리적인 방법으로 공지합니다. 다만, 회원에게 불리하게 본 약관을 개정할 경우에는 최소한 30일 이상의 사전 유예 기간을 두고 공지합니다. 이 경우 회사는 개정 사항을 회원이 알기 쉽도록 표시합니다.

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회사는 서비스 제공에 따라 회원의 개인정보를 수집하는 경우 관련 법령에 따라 회원의 개인정보를 보호하기 위해 합리적인 노력을 기울입니다.

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회사는 서비스 제공에 따라 회원의 개인정보를 수집하는 경우 "정보통신망법", "개인정보 보호법" 등 관련 법령에 따라 회원의 개인정보를 보호하기 위해 노력합니다.

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  1. 데이터를 삭제 또는 초기화 시 시드 구문을 통한 복구만 가능하오니 회원은 시드 구문 보관에 유의하여야 하며, 회사는 이에 대하여 책임지지 아니합니다.

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  1. 본 서비스는 Klaytn 블록체인 플랫폼 위에서 사용 가능한 디지털 자산의 전송과 보관 등에 대한 것으로서 Klaytn 외의 블록체인 플랫폼을 기반으로 하는 디지털 자산과 관련하여서는 서비스 이용이 제한될 수 있습니다. 회원은 회사가 제공하는 서비스와 호환 가능한 디지털 자산에 한하여 전송, 보관 등의 서비스를 이용할 수 있습니다.

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  1. 본 서비스는 Klaytn 블록체인 플랫폼 위에서 사용 가능한 디지털 자산의 전송과 보관 등에 대한 것으로서 Klaytn 외의 블록체인 플랫폼을 기반으로 하는 디지털 자산과 관련하여서는 서비스 이용이 제한될 수 있습니다. 회원은 회사가 서비스를 제공하는 디지털 자산에 한하여 전송, 보관 등의 서비스를 이용할 수 있습니다.

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    1. 서비스와 관련하여 불법적인 또는 부적절한 행위가 발생하거나 발생할 우려가 있는 경우

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    1. 서비스를 통해 불법적인 행위가 발생하거나 발생할 우려가 있는 경우

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  1. 회사의 책임 있는 사유로 인하여 회원에게 손해가 발생한 경우 회사는 원칙적으로 관련 법령에서 정하고 있는 통상손해의 범위에서 그 손해를 배상하고, 특별한 사정으로 인한 손해는 회사가 그러한 사정을 알았거나 알 수 있었던 때에 한하여 손해배상의 범위에 포함됩니다.

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  1. 회사의 책임 있는 사유로 인하여 회원에게 손해가 발생한 경우 회사는 원칙적으로 민법에서 정하고 있는 통상손해의 범위에서 그 손해를 배상하고, 특별한 사정으로 인한 손해는 회사가 그러한 사정을 알았거나 알 수 있었던 때에 한하여 손해배상의 범위에 포함됩니다.

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  1. 본 약관은 싱가포르 법률을 준거법으로 합니다.

  2. 본 약관과 관련하여 회사와 회원 간에 발생하는 분쟁은 싱가포르의 관할법원에서의 소송절차에 의합니다

부칙 본 약관은 2023년 6월 12일부터 적용됩니다.

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  1. 본 약관은 대한민국 법률을 준거법으로 합니다.

  2. 본 약관과 관련하여 회사와 회원 간에 발생하는 분쟁은 대한상사중재원의 규율로 대한민국 서울에서 이루어지는 중재절차에 의합니다.

  3. 전 항에도 불구하고, 해외에 주소나 거소가 있는 회원의 경우 회사와 회원간에 발생하는 분쟁은 대한민국 서울중앙지방법원을 관할법원으로 하는 소송절차에 의합니다.

부칙 본 약관은 2022년 7월 25일부터 적용됩니다.

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