Kattana Cryptocurrency Trading Terminal Terms of Use

Welcome to Kattana! We appreciate your choice of using Kattana Cryptocurrency Trading Terminal

Effective as of: 1 October 2018

Last updated on: 17 October 2018

Please read carefully these Terms of Use (the “Terms”) before using Kattana Cryptocurrency Trading Terminal. These Terms constitute a legally binding agreement between Kepler Technologies GmbH, registration No. CHE-395.347.099, a company registered at Sumpfstrasse 26, 6312 Steinhausen, Switzerland (also “Company”, “we”, “us”) and User (also “you”, “your”), which regulates your use of Kattana Cryptocurrency Trading Terminal (the “Kattana”, “Application”). By downloading and accessing this Application, you agree to be bound by these Terms and the Kattana Privacy Policy (the “Policy”) available here. The Policy shall be an integral part of these Terms.

1. Services

1.1. Kattana Cryptocurrency Trading Terminal is a desktop-based application for trading blockchain assets that allows you to trade on multiple cryptocurrency markets with the whole range of professional tools for market analysis and measuring trading performance (the “Services”).

2. User Account and Registration

2.1. For the purpose of proper use of the Application, the prior registration is required. In order to create your own account, you should sign up by entering the email address and password. You agree that you will not create an account for anyone other than yourself.

2.2. You warrant that any and all information provided for the purpose of your account creation and/or any other use of Application is valid, current, complete and accurate. Registration data and other information about you is subject to the Kattana Privacy Policy.

2.3. You hereby expressly consent that you are solely responsible for the use of your login and password for your Kattana account, for any registration data provided for account creation, and for any actions done during any use of your account.

2.4. You agree to keep your login information and password private and immediately notify Kattana of any unauthorized account activity. You are solely responsible for any loss or damage you or Kattana may suffer as a result of your failure to do so.

2.5. You may deactivate your Kattana account at any time by reaching out directly to us. We may terminate your use of and registration within the Application at any time if you violate these Terms or the Kattana Privacy Policy, at our sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party, when we find such measures reasonable and/or necessary in a particular situation, without any refunds for doing so.

2.6. By creating an account, you also consent to receive electronic communications from Kattana (e.g., via email). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein as well as pursuant to Kattana Privacy Policy.

3. Intellectual Property Rights

3.1. We have valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to provide the desktop terminal for blockchain assets and its activities generally.

3.2. Unless otherwise indicated by the us, all copyright and other any intellectual property of the Company, all content and other materials contained within or provided via the use of Application, including, without limitation, the intellectual property rights for the Application and all text, graphics, interface, visual interfaces, photographs, trademarks, logos, artwork, and computer code, design, structure, selection, methods and algorithms, expression and other content connected to the Application (the “Platform Materials”) are the property of the Company or our licensors, clients or suppliers and are protected by international copyright laws, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.3. These Terms permit you to use the Platform Materials for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Platform Materials. There are no implied licenses under these Terms and/or Kattana Privacy Policy, and any rights not expressly granted to you hereunder are reserved by the Kattana.

4. 4. Third-Party Content

4.1. The Application may contain links to third-party websites and services or information provided by the third-party websites and services. Such links are provided for your convenience. However, their presence does not mean that they are recommended by Kattana and the Company does not guarantee their safety and conformity with any of your expectations. Furthermore, Kattana is not responsible for maintaining any materials referenced from another website and makes no warranties for that site or respective service. Kattana assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources.

5. Representations and Warranties

5.1. To ensure the proper use of the Application, you hereby expressly covenant, represent and warrant, that:

  • you are of an age of majority (at least 18 years of age), comply with all other eligibility and residency criteria under these Terms and applicable law of your residency;
  • you have the full capacity and legal competence to use the Application and to contract, under the applicable law and with Kattana and in doing so will not violate any other agreement, which you are a party to;
  • your experience with, and understanding of, the usage and complexity of cryptographic tokens, cryptocurrency and blockchain-based systems, their storage and transmission mechanisms and full framework are significant and sufficient, and you solely take full responsibility for any risks, assumptions and decisions involved;
  • you have never conceivably been engaged in any fraudulent, deceptive and illegal activity, including but not limited to: money laundering and the financing of terrorism;
  • you are solely responsible for granting the access to the Application to any third parties and the consequences thereof;
  • you will not perform acts aimed at a breach of the normal functioning of the Application, both by means of software and through your direct acts within the Application, or perform any other illegal acts;
  • you will not disseminate, launch or use viruses, trojan horses, and other malware using the Application; and you will not use automated programs and scripts in particular, for the collection of the information on the other Users or the Application;
  • you will not perform any acts having the nature of threats, endangering, harassment, discrimination, abuse, deceit, or some other unlawful influence on the other users; breaching the rights and legal interests of the other users.

5.2. If you breach any of the covenants, representations and warranties under these Terms or the the applicable laws, we may terminate your use of the Application and take legal actions under the applicable laws and these Terms.

6. Disclaimers

6.1. Kattana works with blockchain-based and other associated and related technologies which are not exclusively controlled by us and technological, regulatory, market or other changes may affect the work of the Application, which relate to Blockchain technologies. Therefore, you understand and accept that the Company shall not be deemed liable, and we disclaim any and all our responsibility for your unavailability or restrictions to use the Application due to:

  • regulatory changes, including but not limited to changes in intellectual property law or applicable laws;
  • technological advancements, decreases or any other changes, which may cause cryptocurrencies and other blockchain-based technologies be dissolved, disappeared, abandoned or otherwise no longer be operated, or operated with material impairments;
  • market changes, which may result in the fluctuations of market values;
  • any other social, political reforms, possible changes and risks, which may somehow affect blockchain-based technologies, are out of our direct or absolute control, and, consequently, partly or absolutely restrict you from accessing and/or using the Application.

6.2. We or our affiliates make no representations or warranties and assume no liability for any information, contained within the Application or for any performance of the Application. You use the Application at your own risk. You agree that the content provided via the Application may not be entirely accurate, complete and current and you should verify all the information before relying on it. You are solely responsible for all the decisions you make based on the information contained within the Application.

6.3. The Company is not a financial institution and is currently not under supervision of any financial supervisory authority. We do not provide any licensed financial services, as well as we do not act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by the Company is for informational purpose only.

7. Limitation of Liability

7.1. The application is provided on an “as is” basis and without any warranties of any kind, either expressed or implied. you assume all responsibility and risk with respect to your use of the application. to the maximum extent permitted by the applicable law, we or our affiliates do not accept any liability for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), resulting from any use of, or inability to use, this application or the material, information, software, facilities, services or content on this regardless of the basis, upon which the liability is claimed.

7.2. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. you understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of domicile concerning use of the application, and that you should not accept any liability for any illegal or unauthorized use of the application. you agree to be solely responsible for any applicable taxes imposed under your tax residency regulations.

7.3. In no event shall our company, our directors, members, employees or agents be liable for any loss resulting from hacking, tampering, virus transmission or other unauthorized access or use of the services, your account, or any information contained therein; for products not being available for use; for improper functionality, technical faults and downtime of the technical infrastructure.

7.4. We do not guarantee continuous, uninterrupted or secure access to the application and you acknowledge and agree that the application may be interfered with by numerous factors outside of our control.

8. Indemnification

8.1. You hereby agree to indemnify the Company, any of its officers, directors, employees and agents and its affiliated and related entities from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, audit, inquiry, or other proceeding, that arises or relates to:

  • any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms;
  • your wrongful or improper use of the Application;
  • any other party’s access or use of the Application with your information;
  • arising out of a breach of any warranty, representation, or obligation hereunder.

8.2. You shall not have any claim of any nature whatsoever against the Company for any failure to carry out any of our obligations under these Terms as a result of Force Majeure – causes beyond our control, including but not limited to any strike, lockout, shortage of labour or materials, delays in transport, in securing any permit, consent or approval required by Kattana, for the supply of products, delay by any subcontractor or supplier of ours, accidents of any kind, riot, political or civil disturbances, the elements, by an act of state or government, including regulatory action imposed or any other authority, or any other cause whatsoever beyond our absolute and direct control.

9. Applicable Law and Dispute Resolution

Please read the following paragraph carefully because it requires you to arbitrate disputes with us and it limits the manner in which you can seek relief.

9.1. All questions concerning the construction, validity, enforcement and interpretation of these Terms and all Accompanying Documents shall be governed by and construed and enforced in accordance with the laws of England and Wales.

9.2. All disputes and disagreements that might arise from these Terms shall be resolved by means of negotiations. You agree that for the purposes of the settlement of disputes between you and the Company, an e-mail correspondence with the authorized persons of Kattana team at: kattana@kepler.finance shall be the effective and binding method of communication.

9.3. If the Parties cannot agree on the subject of the dispute within 30 (thirty) days, the dispute shall be shall be settled by the International Arbitration and Cryptography Centre Limited (the “IACC”). The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language of the arbitration shall be English. The hearings will be held online in accordance with IACC Rules.

10. Waiver

10.1. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, You and the Company (a) waive your and Company’s respective rights to have any and all disputes arising from or related to these Terms resolved in a court, and (b) waive your and Company’s respective rights to a jury trial.

11. Termination and Suspension

11.1. Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Application, including (but not limited to) in case of your breach of these Terms or if we believe you have committed fraud, negligence or other misconduct or in the event the using of Application can harm the Company or is commercially unreasonable.

11.2. You may terminate these Terms without notice by discontinuing use of the Application. All rights granted to you under these Terms will immediately be revoked upon our termination of these Terms or our suspension of your access to the Application.

12. Changes to Terms

12.1. We reserve the right to modify, amend or otherwise change these Terms from time to time if doing so will be deemed necessary in order to comply with the applicable law and actual circumstances of the functioning of the Application, so please periodically check this page to ensure that you are satisfied with any changes.

12.2. Additional notifications on any amendments will pop-up when using the Application after the amendments were made. If within one week after such notification has been shown to you, you continue to use the Application, you will be considered as having accepted all the amendments, unless there is an obligation imposed on the Company by the applicable law to obtain your explicit consent to the amendments.

13. Miscellaneous

13.1. Legal Restrictions. Use of the Application is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Application at any place or in any manner that would violate any applicable laws and/or regulations. Any offer of any feature, product or service is void where prohibited.

13.2. Severability. These Terms shall supersede any other arrangements between you and the Company as well as all prior versions thereof. Should any provision of these Terms (a clause or a statement within a clause) be void, unenforceable or legally invalid otherwise, it shall not affect any other provision hereof, or these Terms as a whole.

13.3. Headings. Headings of the sections are for convenience only and shall not be used to limit or construe such sections. All the sections in these Terms shall survive any termination or expiration of these Terms.

13.4. Electronic Notices. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures, that the Company provides in connection with use of the Application. You agree that we may provide these communications by posting them via the Application, by emailing them to you at the email address you provide.

13.5. Contact. Should you have any questions regarding the use of the Application or regarding these Terms, please send us an email at: kattana@kepler.finance or contact us at: Kepler Technologies GmbH, registered at Sumpfstrasse 26, 6312 Steinhausen, Switzerland.