KickICO Terms of Use

Last Updated as of May 24, 2021

1. Introduction.

These KickICO Terms of Use together with KickICO Privacy Policy, incorporated herein by reference, (hereinafter the “Agreement”) is a legal agreement between you (hereinafter referred to as “you” or “your”, or “user” (you can also be referred to as “Project Creator” and/or “Backer”) and WHIRL TGE Limited, a company organized and existing under British Virgin Islands law, having its registered address at: Trident Chambers P.O. Box 146 Road Town Tortola VG1110 VIRGIN ISLANDS, BRITISH, company number 1990361 (“KickICO” or “we”). By accessing, using and clicking “I agree” on our website https://www.kickico.com/ (the “Site”), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Agreement, and also agree to comply with and be legally bound by the Agreement. If you do not agree, please do not access and use our Site. Our Site is not for minors (persons under 21 or under the legal age in your jurisdiction). If you are minor, then please do not use the Site.

2. Definitions.

  1. KickICO (also referred to as “we”) - WHIRL TGE Limited, a company organized and existing under British Virgin Islands law, having its registered address at: Trident Chambers P.O. Box 146 Road Town Tortola VG1110 VIRGIN ISLANDS, BRITISH, company number 1990361. Depending on the context, for the purposes of this Agreement KickICO may also mean services, products, websites (whose domain names include but are not limited to https://www.kickico.com), content and other materials, provided by KickICO.
  2. KickEX - Kickex Broker Est OÜ, registered under the registry code 14764422) with registered office address at Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 47, 11415. Depending on the context, for the purposes of this Agreement KickEX may also mean services, products, websites, content and other materials, provided by KickEX. KickEX acts as a partner of KickICO and provides services to Project Creators and Backers that established an agreement with KickICO.
  3. Project Creators (also referred to as “Users”) refer to all legal entities that access or use KickICO Service to promote their crowdfunding campaigns for various causes and projects, and who meet the criteria and conditions stipulated by KickICO.
  4. Backers (also referred to as 'Users') refer to all individuals, institutions or organizations that access or use KickICO Service to get information about Project Creators' crowdfunding campaigns in order to provide cryptocurrency to them, and who meet the criteria and conditions stipulated by KickICO.
  5. KickICO Service (also referred to as “Service”) - online tools provided by KickICO for marketing crowdfunding campaigns to potential Backers and informing Backers about ongoing crowdfunding campaigns which raise cryptocurrency. Using KickICO online tools, Project Creators can set up a Project page on KickICO website, where they can post detailed project description, documents and/or terms and conditions of the project (or a link to the website with documents and conditions of the project), stories, photos, audio clips, testimonials, and videos about their projects with the aim to receive cryptocurrency transfers from those who will support the project - Backers. All KickICO visitors can search through all of the projects using and choose the ones that they wish to support by transferring them funds in cryptocurrencies. Even though anyone can become a Backer by contributing cryptocurrency to any project, only Backers can become Project Creators and create their own campaigns on the KickICO website.
  6. Project refers to the crowdfunding campaign, which Project Creator organizes with the aim to fund a project, cause or charity with cryptocurrency gathered from Backers.
  7. Site refers to KickICO website with the domain name https://www.kickico.com/.

3. Disclaimer.

  1. KickICO only provides a technology platform that allows Project Creators to connect with Backers. By providing cryptocurrency to a project, Backers enter into contracts directly with Project Creators. KickICO is not a party to those agreements. All dealings are made solely between Users and we are not a party of any such deal. We make no representations about the quality, safety, morality or legality of any project or the truth or accuracy of any User content that appears on the Site. We do not guarantee that the cryptocurrency you transfer to a certain Project Creator will be used as promised or that the projects will reach their goals. Users who access or use the Site and the Service do so at their own risk and volition and are solely responsible for compliance with applicable law.
  2. KickICO does not allow using its Service for Projects that involve providing security tokens or fiat currency to Backers.
  3. KickICO does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on KickICO or any other communication medium.
  4. KickICO does not participate in any ICOs that Project Creators may organize in order to issue tokens to be used in their Projects as a reward for Backers.
  5. Tokens provided to Backers by Project Creators as part of their Projects should not be viewed by Users as an investment or an investment instrument.
  6. KickICO does not accept Project submissions from Project Creators whose legal entity is established in a non-cooperative jurisdiction, as recognised by the relevant European Union policy, or in a high-risk third country pursuant to Article 9(2) of Directive (EU) 2015/849.
  7. ALL INFORMATION AVAILABLE AT OUR SITE IS PROVIDED ON “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KICKICO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES YOU OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME OR THEFT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
    YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT KICKICO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS POSTED ON THE SITE.
    YOU UNDERSTAND THAT THE DIGITAL TOKENS ARE NOT DIGITAL CURRENCY, SECURITY, COMMODITY OR ANY OTHER KIND OF FINANCIAL INSTRUMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES LAW OF BRITISH VIRGIN ISLANDS, THE SECURITIES ACT AND SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR THE SECURITIES LAWS OF ANY OTHER COUNTRY, INCLUDING THE SECURITIES LAWS OF ANY JURISDICTION IN WHICH BACKERS IS RESIDENT.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

4. Eligibility to use the Site.

You may view content on the Site without registering, but as a condition for access or use of certain aspects of the Service, you will be required to register on the Site and create an account. This process includes selecting a screen name and a password. When creating an account, you represent and warrant that:

  1. You do not currently have an account at KickICO Site and you have not been previously suspended or removed from using KickICO Services;
  2. All information you submit is truthful, current, complete and accurate;
  3. Your use of the Service does not violate any applicable law and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing;
  4. You are not a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to UN sanctions, the European Union financial sanctions regimes or United States embargo, or not a person that is subject to the EU financial sanctions regime, United Nations Security Council Sanctions List, or U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, or other lists and restrictions under applicable law;
  5. As an individual you are at least 21 years of age (or a legal age in your jurisdiction) or have received parental consent and supervision when using the Service and your parent or legal guardian also agrees to be bound by this Agreement and agrees to be responsible for your use of the Service.

Please be advised that we reserve the right to terminate your account at KickICO Site, your project and your use of the Site at any time, for any reason at our sole and absolute discretion, with or without notice.

5. Entire agreement.

This Agreement constitutes the entire terms between the parties regarding use of KickICO Service. All previous or contemporaneous discussions, presentations, warranties, understandings, agreements and conditions between the parties, whether oral or written, relating to the subject matter hereof are combined in this document. There are no warranties, representations, conditions or agreements, expressed or implied, between the parties, except those explicitly stated in this Agreement. This Agreement may be changed or amended only by a written document duly executed by the parties.

6. Project Creators' additional representations.

If you are a Project Creator, you additionally represent and warrant that:

  1. You are raising cryptocurrency for a cause or activity that is legal under all applicable federal, state and local laws and regulations;
  2. You will use all raised funds solely for the purpose you have stated on the Site, and under no circumstances may you use the funds for any other purpose;
  3. You confirm that the token you issue for the Project and/or provide to Backers as a part of the Project is not a security or otherwise a regulated product or instrument under the Securities Market Act of Estonia, U.S. federal securities law or the laws of any other (non-U.S.) jurisdiction(s);
  4. You confirm that the tokens that you will provide to Backers as a part of your Project will be issued BEFORE your Project will be published on the Site;
  5. You confirm that the issued tokens that you will provide (transfer) to Backers as a part of your Project will be provided (transferred) to KickICO BEFORE (at least one business day) the Project start on the Site. In a case if the transfer of issued tokens will not be completed before the start of the Project on the Site, KickICO reserves the right to postpone (or cancel) the start date of the Project on the Site until the day following the date when the transfer of tokens will be completed;
  6. The information you provide about your Project is truthful and correct to your knowledge and you have an intention to fully fulfill your promises given to Backers as part of the Project.
  7. You will comply with any applicable tax obligations in your jurisdiction arising from receiving cryptocurrency;
  8. You have no criminal record in respect of infringements of national rules in fields of commercial law, insolvency law, financial services law, anti-money laundering law, fraud law or professional liability obligations;
  9. You and/or your Project are not associated and cannot be recognized or attributed to the following activities and practices:
  1. Pyramid schemes, investment fraud, scam or any other similar illegal activity;
  2. Unfair, predatory or deceptive practices, such as investment opportunities or other services that promise high rewards, projects that we determine in our sole discretion to be unfair, deceptive, or predatory towards Users;
  3. Restricted financial services or regulated products and services;
  4. High risk projects and businesses that we believe poses elevated financial risk, legal liability, or violates our payment provider or bank policies.

You understand and agree that, if asked by KickICO, you will be required to provide supplementary information about yourself, your project or your organization. You authorize KickICO to conduct background inquiries.

7. Backers' additional representations and risk warning to Backers.

If you are a Backer, you additionally represent and warrant that any cryptocurrency transfer that you make through KickICO is legal in your jurisdiction. We will not be held liable for any loss or damages due to your non-compliance.

Further, you agree that your use of the Service and reliance upon any of the materials available at the Site is solely at your own risk. You should ask questions and investigate any project and Project Creators to the extent you feel it is necessary before you make a cryptocurrency contribution. While we take reasonable efforts to review projects for compliance with the eligibility requirements, we do not verify, endorse or control any of the information on the Site (outside of official documentation).

All cryptocurrency contributions are made voluntarily and at your sole discretion and you realize all risks of using cryptocurrency and blockchain technology, which are generally understood and recognized in accordance with the warnings of the financial regulators of countries across the world, as well as the risks specified in this agreement. You understand that your participation in the Project as a Backer is not an investment, and Project is not an investment instrument.

By using Service, you confirm that you understand that, although we require each Project Creator to provide truthful and correct information about its Project, the Project Creator might not be able to fulfill its promises and offers given to Backers as part of the Project, thus resulting in loss of the cryptocurrency you provided to the Project.

8. Intellectual property.

The Site contains trademarks, service marks and domain names owned by KickICO or other third parties. Unless specifically noted that such trademarks, service marks or domain names belong to a third party, KickICO owns all trademarks, service marks and domain names displayed on the Site, whether registered or unregistered, including but not limited to, the name KickICO, our logo, our design patterns and our other graphics, trade dress of the Site, and other indicia of origin of KickICO products and services. The use of our intellectual property is strictly prohibited, unless we have granted our prior written consent.

The content of the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship, both individually and as they are compiled on the Site (the “Content”), and software used on this Site, are the property of KickICO or third parties, and are protected by copyright and other British Virgin Islands and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by KickICO (“KickICO Content”), and material owned or controlled by third parties and licensed to KickICO, including User Content (as described below). Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any of the Content.

9. Third-party website and services disclaimer.

Any links to third-party websites from KickICO Site and/or Services does not imply endorsement by KickICO of any product, service, information or disclaimer presented therein, nor does KickICO guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, KickICO will not be liable for such loss. In addition, since KickICO has no control over the terms of use or privacy policies of the third-party websites, you should read and understand those policies carefully.

10. Grant of License.

We hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service and the Content subject to your eligibility and your continued compliance with this Agreement. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the Content we provide. As between you and us, we retain all right, title and interest in and to the Content (other than your own User Content), and all related intellectual property rights. We reserve all rights not granted under this Agreement.

11. User content.

As a User of the Site, you may create projects, post, upload, publish, submit or transmit your comments, reviews, opinions, videos, testimonials, and other content (“User Content”). We do not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant that:

  1. You own or have the necessary permissions to your User Content to enable use of the User Content in the manner contemplated by this Agreement;
  2. Neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content will infringe, misappropriate or violate a third party's patent, trademark, trade secret, copyright or other proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person.

For clarity, you retain all of your ownership rights in your User Content. By submitting your User Content to the Site, you hereby grant us and our affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, prepare derivative works of, publicly display, publicly perform and otherwise exploit such User Content in connection with the Site, the Service and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels.

We neither endorse the content of your communications, postings or data, nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such content or any crime facilitated by use of the Site. You agree to hold us and our affiliates, employees and agents free of any responsibility for any potentially damaging User Content posted by you.

12. Unsolicited idea submissions.

We are always happy to hear from our Users and are grateful for your comments and suggestions on how to improve our Services. The following policy applies to all third party submissions of ideas, comments, suggestions, improvements, proposals or materials:

  1. All submissions are non-confidential and non-proprietary;
  2. We will not be liable for any use or disclosure of any submission; and
  3. We can use the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.

13. Prohibited activities.

By accessing and using the Site, you agree that you will not use the Site and the Service for any unlawful or prohibited purpose. You may not attempt, through any means, gain unauthorized access to any part of the Site or the Service, other account, computer system or network connected to our server. KickICO reserves the right, in its sole and absolute discretion, to monitor any and all use of the Site and remove any User Content at any time and without any notice.

Without limiting the foregoing, you will not use the Site and the Services to:

  1. Post or otherwise transmit any User Content that (i) is unlawful, false, misleading, inaccurate, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise objectionable; (ii) depicts or advocates the use of illicit drugs; (iii) makes use of offensive language or images; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) poses or creates a privacy or security risk to any person; (vi) infringes any intellectual property or other proprietary rights of any party; (vii) are 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' 'contests,' 'sweepstakes,' or any other form of solicitation; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) in the sole judgment of KickICO, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, the Services, or which may expose KickICO or its users to any harm or liability of any type;
  2. Violate any applicable local, state, national, international or other law or regulation, or any order of a court, including without limitation, rules about intellectual property rights, the Internet, technology, data, email or privacy;
  3. Access the Site and the Content from territories where such website and Content are illegal or strictly prohibited;
  4. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  5. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  6. Interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  7. Use the Services to transmit, distribute, post or submit any information concerning any other person without their permission;
  8. Harvest or collect email addresses or other contact information of other Users by electronic or other means without their consent;
  9. “Stalk” or harass any other User or collect or store any information about any other User;
  10. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
  11. Register for more than one user account or register for a user account on behalf of an individual other than yourself;
  12. Transfer or sell your account and/or username to another party;
  13. Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  14. Use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, 'screen scrape,' monitor, 'mine,' or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
  15. Other than with respect to your own User Content, (i) use, reproduce, duplicate, copy, sell, resell or exploit the Content; (ii) compile a collection of Content, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or (iii) otherwise remove any text, copyright or other proprietary notices contained in the Content;
  16. Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
  17. Modify, translate, or otherwise create derivative works of any part of the Service; or
  18. Advocate, encourage, or assist any third party in doing any of the foregoing.

14. Acknowledgements.

You agree and understand that by creating a KickICO account and posting User Content, you will be exposing your personal information to others. Under no circumstances will KickICO be liable for any consequences resulting from you sharing your information with other people, including, but not limited to, for any errors or omissions, or for any loss, injury or damage of any kind incurred as a result of such actions. You release KickICO from any claims related to the sharing of your information through the Site, including personally identifiable information. You acknowledge that KickICO has no control over, and no duty to take any action regarding: which persons gain access to your information; how they use such information and what effects this may have on you.

15. Password and account security.

You are solely responsible for maintaining the confidentiality of your password associated with your account. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your account.


You also agree to:

  1. Use unique password for your KickICO account and do not use this password to access any other site, and
  2. Use two factor authentication based on one time passwords to increase your account security and your funds safety level, and
  3. Immediately notify us at support@kickico.com of any unauthorized use of your account or any other breach of security, and
  4. Ensure that you log off and exit from your account at the end of each session when accessing the Services. KickICO will not be liable for any loss or damage arising from your failure to comply with this section.

16. Charges and fees.

  1. The Services below are provided free of charge for all users:
    1. Creating an account on KickICO platform;
    2. Sending a project to moderation, risk and compliance assessment for starting a project on the KickICO platform;
    3. Launching a project on the KickICO platform.
  2. Fees and charges for Project Creators and their completed campaigns on the KickICO platform are as follows:
    1. Fee 10% from the amount of Backers’ funds collected during the campaign, if the total amount of funds collected at the date of the campaign's ending/finishing was MORE than 100,000.00 USDT;
    2. Fee 20% from the amount of Backers’ funds collected during the campaign, if the total amount of funds collected at the date of the campaign's ending/finishing was LESS than 100,000.00 USDT.
  3. KickICO may deduct applicable fees and charges from any balances held in the User’s account on KickICO platform and reserves the right to apply Fees and charges fee thereafter against the User’s funds transferred into KickICO account, reducing the available balances held. You agree and authorize KickICO to deduct from your account any applicable fees that you owe under this Agreement.
  4. KickICO reserves the right, in its discretion, update and/or change the specified in this clause charges and fees, as well as the way in which it is charged, provided KickICO has given notice in writing by email, or through notification in the KickICO account, or posted updated charges and fees on the Site. Any updated charges and fees will apply to any Project Creators and their campaigns that registered and/or occurred following the effective date of the updated fees.
  5. You agree that any fees charged by KickICO for the Service in accordance with this Agreement are final and non-refundable.

17. Project Creator's user account and return funds to Backers.

KickICO does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by Project Creators. By using this Site you understand and agree that KickICO shall not be responsible for any losses or damages incurred as a result of any project. In the event of a dispute between users (including but not limited to Project Creators, donors, and third parties), you agree to release KickICO, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers or anyone else who has participated in the creation, development or delivery of this Site from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our Service. Although KickICO shall not be held liable for the actions of a Project Creator, KickICO reserves the right to terminate any project and remove the project and/or User at any time and for any reason.

Users and/or beneficiaries have full responsibility for all applicable taxes for funds paid. User agrees to indemnify, defend and hold KickICO harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on KickICO by the relevant taxing authorities with respect to any funds paid.

18. Services provided by KickICO partner for user identification and facilitation of transactions among Project Creators and Backers.

KickICO relies on the technology platform and services of its partner company - KickEX - to perform User identification and to facilitate transactions between Project Creators and Backers.

To register on the KickICO Site as Project Creator or Backer, you will have to agree with KickEXTerms and Conditions,Privacy Policy,Data Protection Policy, Refund Policy and other applicable policies published on KickEX website and provide your personal data to KickEX, which in turn will provide your personal data to KickICO for KickICO to create your personal account on its Site.

When Project Creator publishes its Project on KickICO Site, he/she agrees to transfer tokens issued by him/her as part of the Project to KickEX, for KickEX to transfer them to the wallets of the Backers who will decide to support the Project Creators' Project.

When a Backer confirms his/her decision to support one of the Projects published on KickICO Site with his/her cryptocurrency, he/she will seamlessly perform the transaction directly on KickICO without additional redirects to KickEX Site and send his/her cryptocurrency to a special wallet address created by KickEX for the Project Creator of the chosen Project. Backer's cryptocurrency on this special wallet address will be held until the end of the campaign of the chosen Project.


KickEX provides to KickICO information on the amount of funds received from Backers for each Project.

If the Project Creators’ Project ends successfully, thus meaning that the Project raises the full sum in cryptocurrency that it aimed to raise in the beginning, KickEX transfers the Backers’ funds to Project Creator, and transfers the tokens issued by Project Creator as part of the Project to the Backers who supported this Project.

If the Project Creator's Project doesn't end successfully, and by thus we mean that it doesn't raise the full sum in cryptocurrency that the Project Creator set as the goal of its Project, or is canceled by its Project Creator or by KickICO, the cryptocurrency funds will be returned by KickEX to the wallets of those Backers who had transferred funds to the wallet of the Project.

19. External links.

This Agreement applies only to the Site and the Services. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties such as various content providers and advertisers (“Third-Party Content”), either at the Site or through links to third-party websites or mobile applications. Because we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites or mobile applications and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites or mobile applications. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website or mobile applications at any time and for any reason.

20. Limitation of liability.

IN NO EVENT SHALL KICKICO (FOR PURPOSES OF THIS SECTION, “KICKICO” OR “WE” INCLUDES KICKICO’S EQUITY HOLDERS, BENEFICIARY OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION THROUGH THE SITE, INJURY TO PERSONAL PROPERTY, BODILY INJURY OR EMOTIONAL DISTRESS, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF ETH 0.01.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

21. Indemnification.

You agree to defend, indemnify and hold harmless KickICO, our subsidiaries and affiliated companies, and their officers, employees, beneficiaries, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys' fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to or/and use of the Site, the Services or the Content; (b) your violation of this Agreement, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any User. KickICO may assume the exclusive defense and control of any matter for which you have agreed to indemnify KickICO and you agree to assist and cooperate with KickICO in the defense or settlement of any such matters.

22. English language.

In the event of a conflict between this Agreement and a foreign language version of our Agreement, the English language version of this Agreement will govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

23. International use.

We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, including laws regulating the export of data. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion. Accessing the Site is prohibited from territories where the Site’s Content is illegal.

You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by governmental entity imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.

24. Cooperation with government authorities and police enforcement.

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.

25. Modifications.

KickICO reserves the right to unilaterally occasionally change or modify this Agreement or the Privacy Policy in its discretion at any time. All changes will be effective upon posting on the Site. You can determine when this Agreement or the Privacy Policy were last revised by referring to the “Last Updated” legend at the top of the page. Any and all modifications or changes to this Agreement will become effective upon publication on the Site or release to users. You agree to be bound by any such changes if you continue to use the Site after such changes have been posted. Therefore, your continued use of KickICO Services is deemed your acceptance of the modified agreement and rules. If you do not agree to any changes to this Agreement, you must stop using KickICO services immediately. You are recommended to frequently review this Agreement to ensure your understanding of the terms and conditions that apply to your access to and use of KickICO Services. We may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time.

26. Right to discontinue Services and termination.

KickICO may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice, suspend or discontinue, temporarily or permanently, the Site and the Services (or any part thereof) and/or deactivate or cancel your KickICO account or Project. You may also cancel your KickICO account at any time by sending us an email at support@kickico.com. Termination may result in the forfeiture and destruction of all information associated with your account. The Project Creators can terminate his/her KickICO account only if there are no financial obligations to the KickICO and to the Bakers and provided that there are no open ICO or pre-ICO. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR THE SERVICES. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

27. Copyright notice policy.

KickICO respects copyright law and expects its Users to do the same. Please see KickICO's Copyright Notice Policy for further information.

28. No legal advice.

Nothing contained in this Agreement or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your attorney.

29. Notification procedures.

You agree that KickICO may provide notifications to you via email, hard copy notice, or through posting on our Site.

30. Kick Tokens.

Kick Tokens are digital tokens created by KickICO according to the ERC20 specifications of the Ethereum blockchain and designed to be used inside KickICO to pay for the publication of Projects on KickICO Site, to purchase various attributes for Projects, to organize the interaction of the participants of the KickICO ecosystem, including but not limited to interaction between the Project Creators and the Backers and for other internal processes within the infrastructure of KickICO.

Kick Tokens is a cryptographically secured representation of a token-holder's rights to obtain in future the services and goods through the KickICO Platform, which only a token-holder may purchase. Kick Tokens are utility tokens and are not official or legally binding investments of any kind. All persons and parties involved in operations with Kick Tokens do so at their own risk.

31. Ownership.

Owning Kick Tokens does not in any way grant their holder any ownership or right to property in Kick Tokens or on the KickICO and KickICO platform or that of any other related company. While the community’s opinions and feedback may be taken into account, Kick Tokens do not give any right to participate in decision making or any direction of business development related to the KickICO platform.


The User acknowledges and agrees that ownership of the Kick Tokens does not grant the right to receive profits, income, or other payments or returns arising from the acquisition, holding, management or disposal of, the exercise of, the redemption of, or the expiry of, any right, interest, title or benefit in the KickICO, or any other KickICO’s property or any part of it.

32. Absence of guarantees of income or profit.

There is no guarantee that Kick Tokens will grow in value. If it happens, there are no guarantees that the rate of Kick Tokens will not decrease, including significantly, due to some unforeseen events, or events over which the KickICO have no control, or because of force majeure circumstances.

33. Regulatory uncertainty.

Blockchain technologies are subject to supervision and control by various regulatory bodies around the world. Kick Tokens may fall under one or more requests or actions on their part, including but not limited to restrictions imposed on the use or possession of digital tokens such as Kick Tokens, which may slow or limit the functionality or repurchase of Kick Tokens in the future.

By sending cryptocurrency to purchase Kick Tokens from us, you represent and warrant that:

  1. Your purchase of Kick Tokens complies with applicable laws and regulations in your jurisdiction, including, but not limited to:

    1. Legal capacity and any other threshold requirements in your jurisdiction for the purchase of the Kick Tokens and entering into smart contracts with KickICO;
    2. Any foreign exchange or regulatory restrictions applicable to such purchase, and
    3. Any governmental or other consents that may need to be obtained;
  2. You will comply with any applicable tax obligations in your tax resident jurisdiction arising from your purchase of Kick Tokens; and
  3. You are not a citizen or resident of a geographic area in which purchasing or holding Kick Tokens is prohibited by applicable law, decree, regulation, treaty, or administrative act.

The regulatory status of the KickCoin tokens and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including KickCoin tokens. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including KickCoin tokens. Regulatory actions could negatively impact KickCoin tokens in various ways, including, for purposes of illustration only, through a determination that the purchase, sale and delivery of KickCoin tokens constitutes unlawful activity or that KickCoin tokens are a regulated instrument that require registration or licensing of those instruments or some or all of the parties involved in the purchase, sale and delivery thereof. KickICO may cease operations in any jurisdiction in case of regulatory actions or changes to law or regulation make its operations in such jurisdiction illegal or commercially unreasonable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

34. Quantum computers.

Technical innovations, like the development of quantum computers, may pose a danger to cryptocurrencies, including Kick Tokens.

35. Acknowledgment and assumption of risks.

You acknowledge and agree that by purchasing, owning, and using Kick Tokens, you expressly acknowledge and assume the following risks:

  1. Risk of losing access to digital tokens due to loss of private key(s), custodial error, or your error.
    A private key, or a combination of private keys, is necessary to control and dispose of digital tokens stored in your digital wallet or vault. Accordingly, loss of the requisite private key(s) associated with your digital wallet or vault storing digital tokens will result in loss of such digital tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your digital tokens. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store digital tokens, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your digital tokens. Additionally, your failure to precisely follow the procedures set forth for buying and receiving digital tokens, including, for instance, if you provide an incorrect personal wallet address, or provide an address that is not ERC-20 compatible, may result in the loss of your digital tokens.
  2. Risks of using new technologies.
    Kick Tokens are a new and relatively untested technology. In addition to the risks mentioned in this document, there are certain additional risks that the team of the KickICO platform cannot foresee. These risks may manifest themselves in other forms of risk than those specified herein.
  3. Risks associated with the Ethereum protocol.
    Some Kick Tokens can be issued on the Ethereum blockchain. Therefore, any failure or malfunctioning of the Ethereum protocol may have a material adverse effect on digital tokens and lead to the trading network of Kick Tokens working unexpectedly. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the digital tokens, including the utility of the digital tokens, by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.
  4. Risk of mining attacks.
    As with other decentralized cryptographic tokens based on the Ethereum protocol, the digital tokens are susceptible to attacks by miners in the course of validating digital tokens transactions on the Ethereum blockchain, including, but not limited to, double-spend attacks, majority mining power attacks, and selfish mining attacks. Any successful attacks present a risk to digital tokens, including, but not limited to, accurate execution and recording of transactions involving digital tokens.
  5. Risk of hacking and security weaknesses.
    Hackers or other malicious groups or organizations may attempt to interfere with the Site or the digital tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing.
  6. Risks associated with markets for digital tokens.
    If secondary trading of digital tokens is facilitated by third-party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third parties do ascribe an external exchange value to digital tokens (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile and diminish to zero.
  7. Risk of uninsured losses.
    Unlike bank accounts or accounts at some other financial institutions, digital tokens are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss of digital tokens or loss of utility value, there is no public insurer or private insurance arranged by the initiator to offer recourse to you.
  8. Risk of losing funds.
    Funds collected in fundraising are in no way insured. If they are lost or lose their value, there is no private or public insurance representative that buyers can reach out to.
  9. Risks arising from taxation.
    In many countries, the tax regime and characteristics of digital tokens are either uncertain or are under discussion and adoption of new legislation. You must seek your own tax advice in connection with purchasing digital tokens, which may result in adverse tax consequences to you, including withholding taxes, income taxes, indirect taxes and tax reporting requirements.
  10. Risks arising from lack of governance rights.
    Because digital tokens confer no governance rights of any kind with respect to the KickICO, all decisions involving the KickICO itself will be made by the KickICO at their sole discretion, including but not limited to, decisions to discontinue the crowdfunding platform, to create and sell more digital tokens for use in the crowdfunding platform, or to sell or liquidate the KickICO. These decisions could adversely affect the crowdfunding platform and the utility of any digital tokens you own.
  11. Risks associated with lack of information.
    Backers may not be able to obtain all information it would want regarding the KickICO, the digital tokens, or the ICO projects of the Project Creators on a timely basis or at all. It is possible that Backers may not be aware on a timely basis of material adverse changes that have occurred. While the Project Creators has made efforts to use open-source development for the digital tokens, this information may be highly technical by nature. As a result of these difficulties, as well as other uncertainties, Backers may not have accurate or accessible information about the crowdfunding platform.
  12. Risks associated with transfer restrictions.
    Kick Tokens have not been registered under the U.S. Securities Act of 1933, as amended (the “Securities Act”), the securities laws of any state of or the securities laws of any other jurisdiction and therefore cannot be offered, sold, pledged or otherwise transferred, except as described in this Agreement. These restrictions may adversely impact your ability to resell the digital tokens or the price at which you may be able to resell them, if at all. Digital tokens are not redeemable at the option of the holder and holders of digital tokens will not have the right to withdraw their capital. It is not contemplated that the digital tokens will ever be registered. Each Backer must represent that it will only sell or transfer its digital tokens in accordance with the restrictions set forth under this Agreement and in a manner permitted by applicable laws and regulations. Consequently, Backers must be prepared to bear the risk of an investment in Kick Tokens for an extended period of time.
  13. Unanticipated risks.
    Cryptographic tokens such as Kick Tokens are a new and untested technology. In addition to the risks included above, there are other risks associated with your purchase, possession, and use of the Kick Tokens, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed above.

The list of risks specified in this Agreement is not comprehensive, and it may not contain risks which cannot be predicted at the present moment. If the User is not sure he/she can estimate the probability of occurrence of such risks, he/she is advised to contact an appropriate specialist, including but not limited to a programmer, lawyer or tax adviser before making a decision about entering into this Agreement.

NONE OF THE INFORMATION PRESENTED ABOVE IS INTENDED TO FORM A BASIS FOR ANY INVESTMENT DECISION, AND NO SPECIFIC RECOMMENDATIONS ARE INTENDED. KickICO EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS AGREEMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION, OR (III) ANY ACTION RESULTING FROM SUCH INFORMATION.

36. Force majeure.

KickICO is not liable for failure to perform solely caused by:

  1. Unavoidable casualty,
  2. Embargoes and/or sanctions,
  3. Government orders,
  4. Acts of civil or military authorities,
  5. Emergency conditions (including weather conditions), or
  6. Any similar unforeseen event that makes the providing of the Services impossible or unattainable.

If an event of force majeure occurs, the party injured by the other party's inability to perform may elect to suspend the Agreement, in whole or part, for the duration of the force majeure circumstances. The party experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.

37. Cancellation and returning of the funds.

If a Project Creator's Project does not end successfully, and by thus we mean that it doesn't raise the full sum in cryptocurrency that the Project Creator set as the goal of its Project, or is canceled by its Project Creator, the cryptocurrency funds will be returned to the wallets of those Backers who had transferred funds to the wallet of the Project. Fees charged by KickICO and/or KickEX are final and are non-refundable even if a campaign does not end successfully.


The KickICO reserves the right to cancel any Project and digital token purchase by Backers or refuse any purchase requests at KickICO's sole discretion and for any reason. In such a case, KickEX will make a refund in the same form of payments as it was made by you and to the same wallet address, bank account or a third-party payment processor where your funds were transferred from.

38. Project Creators' responsibility.

KickICO disclaims any and all responsibility or liability in relation to any obligations made by Project Creator of crowdfunding campaigns to Backers who bought their digital tokens on the KickICO platform. The KickICO is not a party of a contract between Project Creator of crowdfunding campaigns and their Backers. The function of the KickICO platform is only to provide online marketing tools to individuals and entities that wish to raise cryptocurrencies for various causes and projects. The Project Creator is solely responsible for fulfilling the promises made in their project.

39. Miscellaneous.

  1. Reservation of rights.
    We reserve all rights not expressly granted by this Agreement.
  2. Dispute resolution.
    This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands. In the event of any dispute arising out of or in connection with this Agreement such dispute shall be finally settled by the competent court of the British Virgin Islands.
    You agree that in the event of any dispute, claim, or controversy between you and KickICO arising in connection with or relating in any way to this Agreement or to your relationship with KickICO as a user of KickICO Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement), before start to assert any legal claim against KickICO, you should set forth the basis of such claim in writing, as a form of prior notice to KickICO. This notice of claim must (i) describe the nature and basis of the claim or dispute, (ii) set forth the specific relief sought, (iii) provide the ticket number or a copy of correspondence with support, and (iv) include your KickICO account ID or email. This notice should be submitted to email address: support@kickico.com
  3. Material terms.
    You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by us to provide the Site.
  4. Legality of the Agreement's terms.
    If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms hereunder shall nevertheless be binding upon KickICO and you, and will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement.
  5. Assignment. Waiver.
    Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
  6. Prohibition of a Class action.
    You and KickICO agree that any claims relating to this Agreement or to your relationship with KickICO as a user of KickICO Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and KickICO further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including KickICO.
  7. Complete Agreement.
    This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by us, constitutes the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the Site with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and us.
  8. Binding Agreement.
    This Agreement contains the legally binding terms and conditions of KickICO for the Project Creators and the Backers, and terms of the sale and purchase of Kick Tokens. By purchasing Kick Tokens, you acknowledge understanding and acceptance of this Agreement. By registering on the Site, using the Services of the KickICO crowdfunding, you confirm your understanding and acceptance of this Agreement and all its terms. You are bound by the Agreement version existing at the time of your using the Services or purchasing of Kick Tokens. If you are making a purchase on behalf of the legal entity, you understand and accept this Agreement on behalf of that entity (to which “you” shall also apply) and warrant that you are duly authorized to act on behalf of that legal entity.
  9. Successors and assigns.
    Except as otherwise provided in this Agreement, this Agreement and the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. KickICO may assign any of its rights and obligations under this Agreement. No other party to this Agreement may assign, whether voluntarily or by operation of law, any of its rights and obligations under this Agreement, except with the prior written consent of the KickICO.
  10. Headings. The article headings of this Agreement are included for the convenience only and shall not affect the construction or interpretation of this Agreement.

40. Questions about this Agreement.

If you have any questions or concerns regarding this Agreement, you may contact us by e-mail at support@kickico.com.




Appendix 1 to KickICO Terms of Use. Backers assurances.


As a partner of KickICO, KickEX provides some Services to the KickICO Backers

All the definitions mentioned below in the present Appendix have the same meaning as they defined in the KickICO Terms of Use, which the present Appendix is an integral part. Some definitions used in the present Appendix and not mentioned in the KickICO Terms of Use shall have the meaning described in this Appendix.


Definitions.

Project - refers to the crowdfunding campaign, which Project Creator organizes with the aim to fund a project, cause or charity with cryptocurrency gathered from Backers.


By using KickEX services, you as a KickICO Backer confirm that:

  1. You agree with KickEX Terms and Conditions, Privacy Policy, Data Protection Policy, Refund Policy and other applicable policies published on KickEX website.
  2. By registering a KickEX Account, you hereby agree that:
    1. You will use unique password for your KickEX account and will not use this password to access any other site;
    2. The best way to increase your account security and your funds safety level is to use two factor authentication based on one time passwords;
    3. You will notify KickEX immediately if you are aware of any unauthorised use of your KickEX Account and password by any person or any other violations to the security;
    4. You will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the Website/Service;
    5. You will log out from the Website by taking proper steps at the end of every visit.
  3. You agree to provide personal information for your identification and understand that this information will be shared with KickICO.
  4. You understand that KickEX establishes which cryptocurrencies can be accepted as payments or donations from KickICO Backers to KickICO Project Creators and agree to make your payment or donation in these cryptocurrencies only.
  5. You understand that when the Project you supported with your cryptocurrency involves providing tokens to KickICO Backers in return for their funds, KickEX will transfer the tokens to you only if the Project's crowdfunding campaign ends successfully, thus meaning that the Project raises the full sum in cryptocurrency that it aimed to raise. If the Project campaign doesn't end successfully, and by thus we mean that it doesn't raise the full sum in cryptocurrency that was set as the goal of the crowdfunding campaign for the Project, or the campaign is canceled by KickICO Project Creator or KickICO moderators, then you will be refunded with your cryptocurrency.
  6. You understand that KickEX only provides a technology platform that allows KickICO Project Creators to accept cryptocurrency payments or donations from KickICO Backers and provide KickICO Backers with tokens. By providing cryptocurrency to a Project, KickICO Backers enter into contracts directly with KickICO Project Creators. KickEX is not a party to those agreements. All dealings are made solely between Users and we are not a party of any such deal. We make no representations about the quality, safety, morality or legality of any project or the truth or accuracy of any User content that appears on the Site. We do not guarantee that cryptocurrency you transfer to a certain KickICO Project Creator will be used as promised or that the projects will reach their goals. Users who access or use the Site https://www.kickico.com/ (also referred to as 'Site') and the Service do so at their own risk and volition and are solely responsible for compliance with applicable law.
  7. You understand that KickEX does not participate in any ICOs that KickICO Project Creators may organize in order to issue tokens to be used in their Projects as a reward for KickICO Backers.
  8. You understand that KickEX does not warrant that the funds you provided to KickICO Project Creator will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary or user. In addition, cryptocurrency transfers made on KickEX are carried out with the help of smart contracts and non-refundable. KickICO cannot reverse a blockchain transaction which has been communicated to and confirmed by the blockchain network. After KickEX transfers funds to the KickICO Project Creator, all further dealings are solely between you and such organizations and individuals. By using the Site you understand and agree that KickEX shall not be responsible for any losses or damages incurred as a result of any project. In the event of a dispute between users (including but not limited to KickICO Project Creators, donors, beneficiaries, and third parties), you agree to release KickEX, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers or anyone else who has participated in the creation, development or delivery of the Site from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our Service.
  9. You understand that the cryptocurrency you provide to the KickICO Project Creator is not an investment, and that the tokens you receive from KickICO Project Creator in return for your payment are not an investment instrument.



Appendix 2 to KickICO Terms of Use. Project Creator assurances.


As a partner of KickICO, KickEX provides some Services to the users.

All the definitions mentioned in the present Appendix have the same meaning as they defined in the KickICO Terms of Use and Annexes hereto. The present Appendix is an integral part of KickICO Terms of Use.


By using KickEX services, you as a KickICO Project Creator confirm that:

  1. You agree with KickEX Terms and Conditions Privacy Policy, Data Protection, Refund Policy and other applicable policies published on KickEX website.
  2. By registering a KickEX Account, you hereby agree that:
    1. You will use unique password for your KickEX account and will not use this password to access any other site;
    2. The best way to increase your account security and your funds safety level is to use two factor authentication based on one time passwords;
    3. You will notify KickEX immediately if you are aware of any unauthorised use of your KickEX Account and password by any person or any other violations to the security;
    4. You will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the Website/Service;
    5. You will log out from the Website by taking proper steps at the end of every visit.
  3. You agree to provide personal information and information about your Project for your identification and understand that this information will be shared with KickICO.
  4. You agree to transfer tokens, issued by you, to KickEX at the start of your crowdfunding campaign on KickICO website in order to fulfill your obligations to KickICO Backers, if the terms of your crowdfunding campaign include providing tokens to KickICO Backers in exchange for their cryptocurrency. You agree to transfer to KickEX the full amount of tokens that you aim to provide to KickICO Backers as a part of your campaign. Your tokens will be held in the wallet of your Project in KickEX ecosystem till the date when your crowdfunding campaign will be listed as finished on KickICO website.
  5. You understand that only if your crowdfunding campaign ends successfully, thus meaning that the Project raises the full sum in cryptocurrency that it aimed to raise in the beginning, then KickEX will transfer the KickICO Backers' funds to you, and transfer the tokens provided to KickEX by you to the KickICO Backers who supported your Project. If your campaign doesn't end successfully, and by thus we mean that it doesn't raise the full sum in cryptocurrency that you set as the goal of the crowdfunding campaign for your Project, or is canceled by you or KickICO moderators, then the cryptocurrency funds will be returned by KickEX to the wallets of those Backers who had transferred funds to the wallet of your Project.
  6. You understand that, in case your crowdfunding campaign is successful and raises the funds it aimed to, KickEX will charge a fee of 4% per transaction when it transfers to you the cryptocurrency collected from KickICO Backers for your Project.
  7. You understand that after the crowdfunding campaign for the Project has ended, KickEX remits all transferred cryptocurrency (less any license fee) to the KickICO Project Creator in the form of a transfer from ETH account of the campaign to the KickICO Project Creator's ETH wallet. If the Project is found to be in violation of the terms of this Agreement, KickICO agreement with KickICO Project Creators, or applicable laws, KickEX reserves the right to initiate returning of the funds to KickICO Backers.
  8. You understand that KickEX only provides a technology platform that allows KickICO Project Creators to accept cryptocurrency payments or donations from KickICO Backers and provide them with tokens. By providing cryptocurrency to a Project, KickICO Backers enter into contracts directly with KickICO Project Creators. KickEX is not a party to those agreements. All dealings are made solely between Users and we are not a party of any such deal. We make no representations about the quality, safety, morality or legality of any project or the truth or accuracy of any User content that appears on the Site. Users who access or use the Site and the Service do so at their own risk and volition and are solely responsible for compliance with applicable law.
  9. You understand that KickEX does not allow providing security tokens or fiat currency to KickICO Backers.
  10. You understand that KickEX does not participate in any ICOs that KickICO Project Creators may organize in order to issue tokens to be used in their Projects as a reward for KickICO Backers.
  11. You understand that Users and/or beneficiaries have full responsibility for all applicable taxes for funds paid. User agrees to indemnify, defend and hold KickEX and KickICO harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on KickICO by the relevant taxing authorities with respect to any funds paid.