Diverisfi Technologies Ltd., company number 2093338, from Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands, focuses on promoting and advancing the Kima Network ("Kima"). The Kima Network is a cross-ecosystem money transfer protocol that enables seamless and secure interoperability between traditional finance (TradFi) and decentralized finance (DeFi) systems without smart contracts.
These terms and conditions (“Terms”) govern the participation in the Airdrop Program of Kima (“Airdrop Program”), including the rights and obligations of participants in the Airdrop Program (“Participants”). The Airdrop Program allows eligible participants to receive a certain amount of Tokens.
By participating in the Kima Airdrop Program, the Participant acknowledges and agrees to be bound by these Terms and any terms incorporated by reference.
Kima reserves the right to modify or amend these Terms at any time at its sole discretion. Any changes will take effect immediately upon being communicated through Kima's website or other channels.
Participants who do not agree with these Terms are not eligible to participate in the Airdrop Program.
The Kima Airdrop Program allows Participants who have contributed to the growth and support of the Kima Network to receive Kima Tokens following these Terms. Kima reserves the right to terminate the Airdrop Program or revoke a Participant’s right to participate at any time at its sole discretion.
The Kima Airdrop Program is a discretionary initiative offered by Kima. Under this program, Kima may, at its sole discretion, distribute Kima Tokens to Participants who meet certain criteria designated by Kima or its affiliates (“Qualifying Criteria”).
The Qualifying Criteria, as communicated by Kima from time to time, include (but are not limited to):
A Participant's eligibility to receive Kima Tokens is determined solely by Kima, which also reserves the right to modify the Qualifying Criteria at any time. Participation in the Airdrop Program does not guarantee a right or claim to receive Tokens, even if the Participant satisfies the Qualifying Criteria. All airdrops are provided at the sole discretion of Kima.
The Kima Airdrop Program will commence on February 1st, 2024, and will continue until terminated at the sole discretion of Kima (“Airdrop Period”). Regardless of any information previously provided by Kima about the Airdrop Program (including through its website, blog posts, or other communication channels like forums, Telegram, Discord, etc.), Kima reserves the right to modify, pause, discontinue, or terminate all or any part of the Airdrop Program, temporarily or permanently, at any time and without notice.
Eligible Participants who meet the Qualifying Criteria will be entitled to claim rewards in the form of Kima Tokens at the end of the Airdrop Period. The number of Tokens to be allocated and the timing of Kima's distribution to the participants will be determined solely at Kima's discretion.
No Claim Against Kima: These Terms do not create, nor does participation in the Airdrop Program impose any binding obligation on Kima to execute a specific airdrop of Tokens to the Participant. Participants have no rights or claims against Kima for receiving any Tokens.
Maximum Amount: The Kima Airdrop Program has a limited supply of Tokens available, which Kima may adjust at any time at its sole discretion.
Ban of Participants: Kima reserves the right, at its sole discretion, to ban any Participant from the Airdrop Program, particularly in cases of abusive behavior or violation of the program's Terms.
Participants are prohibited from engaging in the following activities (unless otherwise permitted under these Terms):
Participants represent and warrant that their receipt of Kima Tokens within the Airdrop Program complies with all applicable laws and regulations in their jurisdiction, including their country of citizenship, residency, or domicile. Kima will not accept any liability for any illegal or unauthorized use of the Tokens. Should there be any change in legislation within the Participant’s jurisdiction that renders the receipt or use of the Tokens illegal, the Participant agrees to cease using the Tokens immediately and will bear any resulting damages or losses.
Furthermore, Participants represent and warrant to Kima the following and acknowledge that Kima is relying on these representations and warranties:
Claiming Tokens from the Airdrop Program may necessitate reliance on or integration with third-party products, such as wallets, networks, or blockchains, over which Kima has no control. In particular, Kima does not have any authority over the Participant's private keys, and the terms and conditions of the respective third-party wallet providers govern the use of wallets.
Kima does not exercise custody or control over Participants' wallets; it is solely the Participants' responsibility to ensure their wallets' security. Tokens allocated to a Participant’s address can only be accessed using the Participant’s access data and/or private key.
The Participant understands and accepts that if their private key or wallet password is lost or stolen, access to the Tokens allocated to their address will be unrecoverable and permanently lost. As Kima has no control over the Participant's Tokens, there will be no recourse for Participants to seek refunds, recoveries, or replacements from Kima in the event they cannot access their wallets or Tokens or if any Tokens are lost or stolen.
Kima will not impose any fees associated with the Airdrop Program. However, Participants should know they will be responsible for paying the gas fees required to claim any Airdrop rewards.
To the extent permitted by applicable law, except as expressly stated otherwise in writing by Kima, the Tokens are provided on an "as is" and "as available" basis. Kima and its affiliated parties disclaim all warranties concerning any Tokens Participants may receive.
The liability of Kima is limited to direct damages arising from intentional acts or gross negligence. Any liability for indirect or consequential damages, including loss of profit and/or damages resulting from negligent conduct, is expressly excluded.
The Participant agrees that Kima and its affiliated parties shall not be liable for any damages or losses, including the loss of any (future) profits, arising from the receipt of the Tokens, regardless of the grounds on which liability is claimed. Kima will not be responsible or liable to Participants for any loss and disclaims any responsibility for, and will not be liable to Participants for, any allocated Tokens or any losses, damages, or claims arising from (a) Participant error, incorrectly constructed transactions, or mistyped addresses; (b) server failures or data loss; (c) unauthorized access or use; or (d) any unauthorized third-party activities, including, without limitation, the use of viruses, phishing, or brute-forcing attacks.
Participant agrees, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Kima and its respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (collectively referred to as the "Kima Parties"). This indemnification covers all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interests, fees, expenses (including, without limitation, attorneys’ fees and costs), and any associated costs (including, without limitation, court costs, settlement costs, and costs of pursuing indemnification and insurance) of every kind and nature, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively referred to as "Claims"). This includes, but is not limited to, damages to property or personal injury arising from, or related to, the Participant’s use or misuse of the Tokens, violation or breach of these Terms or applicable law, violation of the rights of or obligations to any third party, including other Participants or third parties, as well as the Participant’s negligence or willful misconduct.
The Participant agrees to notify Kima of any Claims promptly and cooperate with Kima Parties to defend such Claims. Furthermore, the Participant acknowledges that Kima Parties shall have control over the defense or settlement of any Claims. This indemnity is in addition to, and not instead of, any other indemnities outlined in a written agreement between the Participant and Kima.
Kima and its affiliated parties make no warranties or representations and disclaim all responsibility regarding whether the Airdrop Program or the Tokens: (a) will meet the Participant’s requirements; (b) will be available without interruption, in a timely manner, securely, or error-free; or (c) will be accurate, reliable, complete, legal, or safe. Kima disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or obtained from Kima Parties or through the Program, will create any warranty or representation not expressly stated herein.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. To the extent that Kima cannot disclaim any (implied) warranty under applicable law, the scope and duration of such warranty shall be the minimum permitted by applicable law.
All promotional materials, software, services, content, logos, trademarks, know-how, and other intellectual property provided by Kima shall remain the exclusive property of Kima. Any intellectual property and know-how created, generated, or developed by Participants in connection with their participation in the Airdrop Program—including, but not limited to, promotional materials, content, ideas, concepts, designs, logos, trademarks, and any derivative works—shall be the exclusive property of Kima.
Participants hereby irrevocably assign, transfer, and convey to Kima all rights, title, and interest, including any intellectual property rights, in and to any intellectual property created or contributed by Participants as a result of their participation in the Airdrop Program. Participants acknowledge and agree that they shall not retain any rights, licenses, or claims to the intellectual property created or developed in connection with their participation in the Airdrop Program and shall not use, reproduce, distribute, or exploit such intellectual property without the explicit written consent of Kima.
Participants acknowledge that their involvement in the Airdrop Program may expose them to confidential and proprietary information belonging to Kima, including but not limited to product, technology, business, and strategy-related information (“Confidential Information”). All Confidential Information shall remain the sole and exclusive property of Kima. Participants may only use this Confidential Information to assist Kima in addressing any security issues they have reported. Participants are prohibited from revealing, publishing, or disclosing any Confidential Information to third parties without Kima's prior written consent. Furthermore, participants must protect their confidential information from unauthorized disclosure using the same degree of care they use to protect their confidential information of a similar nature, but in no event shall this be less than reasonable care.
Participants are solely responsible for determining any tax implications related to the Tokens allocated through the Airdrop Program. Kima will not be held responsible for assessing or paying any taxes that may arise from this allocation. All taxes, duties, levies, assessments, and other charges imposed by any government or authority in connection with these Terms shall be borne solely by the Participant.
Kima and the Participant are independent entities. These Terms do not create, nor are they intended to create, any partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
If any provision of these Terms is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of the Terms, nor shall it invalidate or render unenforceable, such provision in any other jurisdiction. Upon such a determination, the Terms shall be modified to reflect the original intent of the invalid provision as closely as possible.
These Terms, including any rights and obligations contained herein, cannot be assigned or transferred by the Participant, in whole or in part, without Kima's prior written consent. Any assignment or transfer not complying with this provision shall be deemed void. Kima reserves the right to assign or transfer these Terms, in whole or in part, to any other entity.
These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to any choice or conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any disputes arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts located in Tortola, British Virgin Islands. However, Diverisfi Technologies LTD. reserves the right to initiate legal action against the Participant for a breach of these Terms in the Participant’s country of residence or any other relevant jurisdiction. Participants waive any objections to such courts' jurisdiction and the venue therein.
Both Parties agree to comply with applicable data protection regulations. Kima’s data privacy policy, which may be updated occasionally, can be accessed on Kima’s website.
