Appendix 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE
- Prohibited Use. You may not use your Kuky Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Kuky Services involves a Prohibited Use or have questions about how these requirements apply to you, please submit a support request at: https://support.kuky.com.
By opening a Kuky Account, you confirm that you will not use your Kuky Account and/or any Kuky Services to do any of the following:
- Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation or sanctions programs administered in the countries where Kuky conducts business, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC“), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
- Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorised access to the Site, other Kuky Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Kuky Account information of another party to access or use the Site, except in the case of specific merchants and / or applications which are specifically authorised by a user to access such user’s Kuky Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Kuky.
- Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any Kuky Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.
- Fraud: Activity which operates to defraud Kuky, Kuky users, or any other person; provide any false, inaccurate, or misleading information to Kuky.
- Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
- Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder; use of Kuky intellectual property, name, or logo, including use of Kuky trade or service marks, without express consent from Kuky or in a manner that otherwise harms Kuky or the Kuky brand; any action that implies an untrue endorsement by or affiliation with Kuky.
- Prohibited Businesses. In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Kuky Services (“Prohibited Businesses“). Most Prohibited Businesses categories are imposed by card network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Kuky Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at: https://support.kuky.com.
By opening a Kuky Account, you confirm that you will not use Kuky Services in connection with any of following businesses, activities, practices, or items:
- Investment and Credit Services: securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; investment schemes;
- Restricted Financial Services: check cashing, bail bonds; collections agencies;
- Intellectual Property or Proprietary Rights Infringement: sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder;
- Counterfeit or Unauthorised Goods: unauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
- Regulated Products and Services: marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials;
- Drugs and Drug Paraphernalia: sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporisers, and hookahs;
- Pseudo-Pharmaceuticals: pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
- Substances designed to mimic illegal drugs:** sale of a legal substance that provides the same effect as an illegal drug (e.g. salvia, kratom);
- Adult Content and Services: pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;
- Multi-level Marketing: pyramid schemes, network marketing, and referral marketing programs;
- Unfair, predatory or deceptive practices: investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and
- High-risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
- Conditional Use. Express written consent and approval from Kuky must be obtained prior to using Kuky Services for the following categories of business and/or use (“Conditional Uses”). Consent may be requested by contacting us at: https://support.kuky.com.
Kuky may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Kuky Services in connection with any of following businesses, activities, or practices:
- Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Kuky Services;
- Charities: Acceptance of donations for non-profit enterprise;
- Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize; and
- Religious/Spiritual Organisations: Operation of a for-profit religious or spiritual organisation.
Appendix 2: VERIFICATION PROCEDURES AND LIMITS
Kuky uses multi-level systems and procedures to collect and verify information about you in order to protect Kuky and the community from fraudulent users, and to keep appropriate records of Kuky’s customers. Your access to one or more Kuky Services, and limits including daily or weekly conversion limits, Kuky deposit, withdrawal and trading limits, instant buy limits, Digital Currency Wallet transfer limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to Kuky.
Kuky may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Kuky Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account’s ‘Limits’ page on the Site.
You may submit a request at https://support.kuky.com to request larger limits. Kuky will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Kuky does not guarantee that we will raise your limits.
Appendix 3:C OMMUNICATIONS
- Electronic Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Kuky Account and your use of Kuky Services. Communications include:
- account details, history, transaction receipts, confirmations, and any other account or transaction information;
- legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
- responses to claims or customer support inquiries filed in connection with your Kuky Account.
We will provide these Communications to you by posting them on the Kuky website, emailing them to you at the primary email address listed in your Kuky profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
- How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at: https://support.kuky.com. If you fail to provide or if you withdraw your consent to receive Communications electronically, Kuky reserves the right to immediately close your Kuky Account or charge you additional fees for paper copies.
- Updating your Information. It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Kuky sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Kuky will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at: https://support.kuky.com.
Appendix 4: Kuky
1.3 Deposits. You may fund your Kuky Account by depositing Digital Currency and/or central bank issued currency from your basic Kuky Account, bank account or an external Digital Currency address into your Kuky Account. Funds deposited in your Kuky Account can be used only to trade on Kuky Pro.
1.4 Withdrawals. You may withdraw Digital Currency from your Kuky Account by transfer to your basic Kuky Account or to an external Digital Currency address. You may withdraw central bank issued currency from your Kuky Account to your Kuky Account or directly to your bank account.
ALL DEPOSITS AND WITHDRAWALS MAY BE SUBJECT TO LIMITS. ALL LIMITS WILL BE DISPLAYED IN YOUR Kuky ACCOUNT.
1.5 Withdrawal Fees. Kuky may also charge a fee on certain central bank issued currency deposit or withdrawal methods (e.g. bank wire). All such fees will be clearly displayed in your Kuky Account.
- Trading Rules and Trading Fees
2.1 Trading Rules. By accessing the Kuky API, you accept and agree to be bound by the trading rules set out (the “Trading Rules”).
2.2 Trading Fees. By placing an order on Kuky Pro, you agree to pay all applicable fees and you authorise Kuky to automatically deduct fees directly from your Kuky Account. Trading fees are set forth in the Trading Rules.
2.3 Trading Account Use. By using a Kuky Account you agree and represent that you will use Kuky only for yourself as the account owner, and not on behalf of any third party, unless you have obtained prior approval from Kuky. You may not sell, lease, furnish or otherwise permit or provide access to your Kuky Account to any other entity or to any individual that is not your employee or agent. You accept full responsibility for your employees’ or agents’ use of Kuky Pro, whether such use is directly through Kuky website or by other means, such as those facilitated through API keys, and/or applications which you may authorise. You understand and agree that you are responsible for any and all orders, trades, and other instructions entered into Kuky including identifiers, permissions, passwords, and security codes associated with your Kuky Account.
2.4 Suspension and Cancellation. We may suspend your Kuky Account or your access to any one for more Order Books in accordance with the suspension and termination provisions set out in this Agreement.
Suspension or termination of your Kuky Account shall not affect the payment of fees or other amounts you owe to Kuky. In the event that your Kuky Account is suspended or terminated, we will immediately cancel all open orders associated with your Kuky Account, block all withdrawals and bar the placing of further orders until resolution or we cancel your Kuky Account.
2.5 No Warranty. We do not represent that Kuky and/or its constituent Kuky Accounts, APIs, and related services, will be available without interruption.
Although we will strive to provide you with continuous operations, we do not guarantee continuous access or that there will be no delays, failures, errors, omissions or loss of transmitted information, nor do we guarantee that any order will be executed, accepted, recorded, or remain open. Kuky reserves the right to cancel any open trades and/or suspend Kuky activity in accordance with the Trading Rules
2.6 No Investment Advice or Brokerage. For the avoidance of doubt, Kuky does not provide investment, tax, or legal advice, nor does Kuky broker trades on your behalf. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
Kuky may provide educational information about supported Digital Currency, as well as Digital Currency not supported by Kuky, in order to assist users in learning more about such Digital Currency. Information may include, but is not limited to, blog posts, articles, links to third party content, news feeds, tutorials, and videos. Kuky will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by Kuky.
2.7 Debts. In the event that there are outstanding amounts owed to us hereunder, including in your (standard) Kuky Account, Kuky reserves the right to debit your Kuky Account accordingly and/or to withhold amounts from funds you may transfer from your Kuky Account to your Kuky Account.
Appendix 5: DEVELOPER’S TOOLS LICENSE.
- Developer’s Tools. Eligible users may establish an account for the use of the Kuky application programming interface and any accompanying or related documentation, source code, executable applications and other materials (the “Kuky API”), the ‘Kuky Sandbox’, available at https://sandbox.kuky.com/, and any other resources or services available at https://developers.kuky.com/, (collectively, the “Developer’s Tools”).
The provisions of this Appendix 5 (Developer’s Tools License) apply to your use of the Developer’s Tools in addition to the other provisions of this Agreement including without limitation the releases, indemnities, disclaimers, limitations of liability, prohibited use, dispute resolution, and cancellation policies set forth above. Kuky does not offer the Developer’s Tools to customers in all jurisdictions.
*2. License Grant. *Subject to the terms and restrictions set forth in this Agreement, Kuky grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license, solely to use and integrate the Developer’s Tools and underlying content into your website or application (your “Application”), so that your Application can interface directly with Kuky devices, applications, or services.
- Restrictions and Responsibilities.
3.1 To use the Developer’s Tools you must:
- register for a Kuky Account;
- comply with the terms of this Agreement;
- use Kuky’s name and logo (“Kuky Marks”) only as expressly authorised in this Agreement;
- obtain prior written approval from Kuky prior to releasing any statements, written media releases, public announcements and public disclosures, including promotional or marketing materials, relating to Kuky, the Kuky Marks, or this Agreement;
- comply with additional verification procedures, as notified to you by Kuky, in the event that your Application seeks OAuth permissions to transfer Digital Currency in an amount greater than predefined limits; and
- take steps to adequately secure your API Keys and OAuth Tokens.
3.2 In addition, you represent and warrant that your Application, including but not limited to the name of the Application and all content in your Application, does not infringe the intellectual property rights of Kuky or any third party.
3.3 You agree that in your use of the Developer’s Tools you will not:
- copy, rent, lease, sell, sublicense, or otherwise transfer your rights in the Developer’s Tools to a third party;
- alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Developer’s Tools;
- cache, aggregate, or store data or content accessed via the Developer’s Tools other than for purposes allowed under this Agreement;
- use the Developer’s Tools for any Application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code;
- use the Developer’s Tools to encourage, promote, or participate in illegal activity, violate third party rights, including intellectual property rights or privacy rights, or engage in any Prohibited Use or Prohibited Business as defined in the Agreement;
- use the Developer’s Tools in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise impacts the stability of Kuky’s servers or impacts the behaviour of other applications using the Developer’s Tools;
- display Developer’s Tools or Kuky Marks in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Kuky, other than as expressly permitted in writing by Kuky; and
- attempt to cloak or conceal your identity or your Application’s identity when requesting authorisation to the Developer’s Tools.
- Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Kuky, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from: (a) your use of the Kuky API or your Kuky Account other than as expected under this Agreement or in violation of the terms of this Agreement; (b) your Application that infringes any copyright, trademark, trade secret, trade dress, patent or third party right of any person or that defames any person or violates their rights of publicity or privacy; or (c) your failure to secure and keep secret your OAuth Token(s) or API key(s).
- Activities Subject to Additional Restrictions. Kuky may require you to obtain written consent and complete enhanced on-boarding procedures, and/or may restrict your Application if you would like to create/offer an Application which is designed for or results in any of the following:
5.1 International Remittance Services. Any Application which involves a service that provides for: (i) an international (cross border) transfer of funds from a sender to a recipient, (ii) without an underlying sale or other bona fide commercial purpose for the transfer.
5.2 Banking or Other Licensed Financial Services. Any Application which either holds money for eventual payment or which offers or provides credit, either directly or as a broker or arranger between third parties, or any Application that would require licensing as a bank, money services business, or other financial service provider, or as an escrow service in the jurisdiction where the service’s users reside, unless such Application falls within the definition of a Prohibited Business under the Terms.
5.3 Gaming Services. Any Application which involves the payment of funds by a customer in exchange for the chance to earn or win a prize, reward, or other payment.
5.4 Digital Currency Exchange Services. Any Application which involves a business engaged in the exchange of Digital Currency for central bank issued currency, or other Digital Currency and which accepts and transmits a Digital Currency or buys or sells Digital Currency for any reason.
5.5 Donation Acceptance Services. Any Application which involves a service which allows for the acceptance of donations on behalf of a charity or other religious or spiritual organisation.
- Intellectual Property and Ownership. As between Kuky and you, the Developer’s Tools, Kuky Marks, and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of Kuky. You have no rights with respect to Developer’s Tools or Kuky Marks except as expressly set forth in this Agreement. If you obtain Kuky’s prior written consent, you may use and display the Kuky Marks solely to attribute the Developer’s Tools as the source of your Application.
- API Calls and Compliance. Kuky may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, Kuky may moderate your activity or cease offering you access to the Kuky APIs altogether in Kuky’s sole discretion. You agree to such limitations and will not attempt to circumvent such limitations. Kuky may immediately suspend or terminate your access to the Developer’s Tools without notice if Kuky believes, in its sole discretion, that you are in violation of this Agreement.
- Updates and Support. Kuky may elect to provide you with support or modifications for the Developer’s Tools, in its sole discretion, and may terminate such support at any time without notice. Kuky may change, suspend, or discontinue any aspect of the Developer’s Tools at any time, including the availability of any Developer’s Tools.
- Security and Privacy.
9.1 Security. You will use all reasonable efforts to protect Customer Data (as defined below) collected by your Application, including without limitation any personally identifiable information (“PII”), from unauthorised access or use. In the event your systems or infrastructure that are used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorised third parties, you shall notify Kuky promptly of such a breach or exposure including root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future. You are responsible for providing customer notification under the state breach notification statutes and any other applicable privacy laws and you will bear the costs incurred by Kuky resulting from your breach or exposure.
You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Developer’s Tools or any authorised or unauthorised use of your Application.
9.2 Privacy and PII. “Customer Data” means any and all technical information, PII, device usage information, or other information derived from access to or use of any of the Developer’s Tools, including but not limited to data that relates to any end users of any Kuky products or services or pertains to use of any Kuky products or services by such end users.
You acknowledge and agree that you are solely responsible for obtaining all required consents from end users in connection with any use of your Application and the Developer’s Tools, which consent shall be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Without limiting the foregoing, before collecting any Customer Data or other information from end users of your Application, you must provide adequate notice of what Customer Data and other information you collect and how it will be used and/or shared and obtain any necessary consents.
If a user requests of you or Kuky to have any Customer Data that may be considered PII under any law, rule, or regulation throughout the world deleted, you agree to promptly honour the user’s or Kuky’s request and to delete all such data and information from your servers and other assets, including back-ups, to the extent reasonably possible, or to anonymise all user data so it cannot be tied back to a user’s identity.
9.3 Data Use. You will not sell any Customer Data or disclose any Customer Data to any third party. Your Application may use Customer Data only as required for use and access to your Application by the end user to whom such Customer Data relates. You shall not sublicense the Customer Data to any third party, and you shall not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as set forth above.
Without limiting the generality of the foregoing, you shall not use any part of the Customer Data to create a database separate from your Application or transmit all or part of the Customer Data to any third party for any use separate from your Application. Any use of Customer Data other than as expressly permitted by this Agreement is strictly prohibited.