Last Updated as of December 30, 2020
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/.
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.
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:
You do not currently have an account at KICKICO Site and you have not been previously suspended or removed from using KICKICO Services;
All information you submit is truthful, current, complete and accurate;
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;
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;
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.
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.
Project Creators' additional representations.
If you are a Project Creator, you additionally represent and warrant that:
You are raising cryptocurrency for a cause or activity that is legal under all applicable federal, state and local laws and regulations;
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;
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);
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;
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.
You will comply with any applicable tax obligations in your jurisdiction arising from receiving cryptocurrency;
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;
You and/or your Project are not associated and cannot be recognized or attributed to the following activities and practices:
Pyramid schemes, investment fraud, scam or any other similar illegal activity;
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;
Restricted financial services or regulated products and services;
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.
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.
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, KICKICO.com website trade dress, 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.
Third-party website and services disclaimer.
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.
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:
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;
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
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.
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:
All submissions are non-confidential and non-proprietary;
We will not be liable for any use or disclosure of any submission; and
We can use the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
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:
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;
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;
Access the Site and the Content from territories where such website and Content are illegal or strictly prohibited;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
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;
Use the Services to transmit, distribute, post or submit any information concerning any other person without their permission;
Harvest or collect email addresses or other contact information of other Users by electronic or other means without their consent;
'Stalk' or harass any other User or collect or store any information about any other User;
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;
Register for more than one user account or register for a user account on behalf of an individual other than yourself;
Transfer or sell your account and/or username to another party;
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
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;
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;
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;
Modify, translate, or otherwise create derivative works of any part of the Service; or
Advocate, encourage, or assist any third party in doing any of the foregoing.
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.
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:
Use unique password for your KICKICO account and do not use this password to access any other site, and
Use two factor authentication based on one time passwords to increase your account security and your funds safety level, and
Immediately notify us at [email protected] of any unauthorized use of your account or any other breach of security, and
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.
Creating an account on KICKICO is free. KICKICO charges license fees as follows:
A fee of 200 KickCoins for sending a project to moderation on the KICKICO platform;
A fee of 500 KickCoins for launching a project on the KICKICO platform;
A fee of 500 KickCoins for creating a custom project token.
All license fees charged by KICKICO are carried out with the help of smart contracts and are non-refundable.
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.