Terms of Use


1.1. The website (https://kinesis.money) (“Website”) together with the documents referred to on it is owned and operated by Kinesis Cayman (“we”, “us”, “our”, “Kinesis” or “Company”).

1.2. Kinesis is a company incorporated in the Cayman Islands, of C/O Stuarts Corporate Services, 36A Dr. Roy’s Drive, Grand Cayman, Cayman Islands, KY1-1104.


2.1. Please read these Terms of Use carefully before you start to use our Website, applications and
platform (“Platform”) including our related products and services such as participating in the
sale by the Company of digital tokens subject to the Terms and Conditions of Token Sale and
Use (the “Token Sale and Use Agreement”) (accessible at https://kinesis.money/documents/Kinesis_Token_Sale_and_Use.pdf) (collectively the

2.2 If you are a U.S. person as defined in Regulation S under the Securities Act of 1933 you also
agree to be subject to the Terms and Conditions contained in the Offering Memorandum

2.3. By using our Website, you confirm that you accept these Terms of Use and that you agree to
comply with them. If you do not agree, please do not use our Website.

2.4. Our Website may contain links to other websites at different web addresses which are owned
and operated by third parties that are not part of Kinesis. These Terms of Use do not cover
these websites. If you access these websites using the links provided, the operators of those
websites may collect and use personal information from you in accordance with their privacy
policies, which will differ from ours.

2.5. These Terms of Use must be read together with any other legal notices or terms and conditions
available on other pages of our Website including our Privacy Policy which can be accessed
from (https://kinesis.money/privacy-policy/).


3.1. You may not access or use our Website if you are located in, or a citizen or resident of any
state, country, territory or other jurisdiction where:

3.1.1. your access or use of our Website would be contrary to applicable laws, rules or
regulations of any governmental authority or regulatory organisation; or

3.1.2. we have determined, at our sole discretion, to prohibit access or use of the Website.

3.2. In accordance with clause 3.1, we may implement certain controls to restrict or deny access to
our Website from any jurisdiction that is prohibited access.

3.3. You agree that you will comply with this clause, even if our methods to prevent access or use of
our Website are not effective or able to be bypassed.


4.1. Except as otherwise required by applicable law, we do not accept any responsibility and shall
not be liable for any loss or damage whatsoever, whether in contract, tort (including
negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in
connection with:

4.1.1. use of or reliance on any information, opinions, content and/or material held on this
Website or made available in connection with this Website; or

4.1.2. interruption or delay in access, use of, or inability to use or access, this Website,
including but not limited to: loss of profits, sales, business, or revenue; loss of data; business
interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation;
wasted management time; or any indirect or consequential loss or damage.

4.2. To the fullest extent permitted by applicable law, we exclude all conditions, warranties and
representations in relation to this Website, whether express or implied.

4.3. Except as otherwise required by applicable law, we will not be liable for any loss or damage
caused to your information technology, devices, computer programmes, platform, data or other
proprietary material arising in connection with your use of this Website.


5.1. You must not use our Website:

5.1.1. in any way that breaches any law, rule, decision, judgment or regulation, or that has any
unlawful or immoral purpose or effect;

5.1.2. to transmit, or procure the sending of any unsolicited or unauthorised advertising,
promotional material or similar communications;

5.1.3. to send, knowingly receive, upload, download, publish, post, distribute, disseminate,
transmit, use or re-use any material or information which is inaccurate, illegal,
defamatory, libellous, obscene, offensive, abusive, hurtful, hateful, threatening,
inflammatory, harmful, infringing, pornographic, discriminatory, indecent, unsolicited,
unauthorised, unlawful, objectionable or which may expose you or us to legal action or
reputational damage; or

5.1.4. to threaten, harass, stalk, abuse, disrupt others, or otherwise violate the rights of others.

5.2. You also agree not to:

5.2.1. reproduce, duplicate, copy or sell any part of our Website, and its content, except as
permitted by these Terms of Use;

5.2.2. advertise or sell any goods or services to other users of this Website or to benefit
commercially from its content; or

5.2.3. access without authority, interfere with, damage or disrupt, any part of our Website; any
equipment or network on which our Website is stored; any software used in the provision
of our Website; or any equipment, network or software owned or used by any third party.

5.3. When you are asked to provide information in connection with our Website, you agree to
provide true, accurate, current and complete details. It may not be possible to provide you with
the relevant services or information you require if you do not provide the minimum mandatory
information requested.


6.1. We have taken appropriate steps to detect computer viruses but we cannot guarantee that our
Website is free from malfunctions, defects, bugs and viruses; or that the Website will operate
correctly and as expected, at any given time. We shall not be liable for any loss or damage
which occurs as a result of any virus, including without limitation any distributed denial-of-
service attack, or other technologically harmful material that may infect your computer
equipment, computer programs, data or other materials.

6.2. You are responsible for configuring your information technology, devices, computer
programmes and platform in order to access our Website and for protecting these with your
own anti-virus software, firewalls and any other technical measures. We give no warranties as
to the compatibility of our Website with your information technology, computer programmes and

6.3. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic
bombs, keystroke loggers, spyware, adware, and/or any other harmful programs or similar
computer code designed to adversely affect the operation of any computer software or
hardware, or which is otherwise malicious or technologically harmful.


7.1. We are the owner of all intellectual property rights in this Website, material published on it and
material made available through it. Those works are protected by copyright laws and other
intellectual property rights. All such rights are reserved.

7.2. Subject to the limited exceptions set out below, neither this Website nor any part of it may be
copied, reproduced, modified, publicly displayed, republished, distributed, extracted or
reutilised in any form, without the prior written permission of us. Requests for permission should
be sent to us via email at info@kinesis.money.

7.3. You may make copies, print or download material published on this Website or made available
through it for your own personal use, provided that you name the author and specify the source
where the copy was taken from and you do not modify the paper or digital copies of any
material you have copied, printed or downloaded in any way.

7.4. You must not use any part of the material held on our Website or made available through it for
commercial or business purposes without obtaining a licence to do so from us.

7.5. If you print, copy or download any part of the material held on this Website or made available
through it in breach of these Terms of Use, your right to use this Website will cease
immediately and you must, at our option, return or destroy any copies of the materials you have


8.1. Our Privacy Policy explains how we collect and use your personal information and additionally
provides information about the cookies that we use.


9.1. We reserve the right, in its sole discretion, to terminate your access to all or part of this Website with or without notice.


10.1. We may update this Website from time to time, change the content at any time and we may
suspend, withdraw, discontinue or change all or any part of this Website without notice. As
such, there may be times when this Website is unavailable for use.


11.1. We may change our Terms of Use from time to time. When we change our Terms of Use, we
will publish the updated terms on our Website. Please check these Terms of Use regularly.
Subject to applicable law, all changes will take effect as soon as we publish the updated Terms
of Use, but where legally required to do so, we may take additional steps to inform you of any
material changes to our Terms of Use and may request that you agree to these changes.

11.2. Should one or more provisions of these Terms of Use be or become invalid or unenforceable in
whole or in part, this shall not affect the validity and enforceability of the remaining provisions of
these Terms of Use. In place of any provisions which are invalid or not incorporated in these
Terms of Use the relevant statutory provisions shall apply. In all other cases, the parties shall
agree a valid provision to replace the invalid or unenforceable provision which reflects as
closely as possible the original purpose.


12.1. Our rights under these Terms of Use may only be waived in writing.


13.1. These Terms of Use are governed by the laws of the Cayman Islands and you agree to the
exclusive jurisdiction of the courts of the Cayman Islands. To the extent the law permits, these
Terms of Use prevail to the extent they are inconsistent with any law.


14.1. If you have any questions about these Terms of Use, or if you would like to receive a hard-copy
version of these Terms of Use, you can contact us at info@kinesis.money.