KYTGroup

Terms of use

Last Updated: 25.07.2024

 

INTRODUCTION

 

KYT GROUP LIMITED (“Company”, “we”, or “us”) a company registered in Hong Kong with the company registry number 76814411, whose registered office is located at unit 2A, 7/F Glenealy Tower, NO.1 Glenealy Central, Hong Kong, welcomes you to use and access our website https://kytgroup.io/ (“Website”) and use products, services, and any support material available on the Website, including Risk Scoring, Fraud Investigations, and any other products and services (each, a “Service” and, together, the “Services”).

The Terms govern your use and access to the Services. You agree to be bound by the Terms by accepting them by doing any of the following: clicking, checking a box, using the Services, visiting the Website, or accepting and/or executing a separate order.

The Terms constitute a binding agreement between you and us, so please read these Terms carefully. If you do not accept or understand the Terms, do not use or access the Services.

If you represent a company or other legal entity, you represent and warrant that you have the full authority to bind the company or such legal entity to these Terms.

These Terms prevail over any settings of your browser. We are not bound by your browsing preferences.

 

Definitions

“Risk Scoring” means the service of calculating a number or score based on our proprietary methodology to help you determine the risk associated with a particular blockchain address.

“Fraud Investigation(s)” means the service of investigating transactions associated with a particular blockchain address based on our proprietary methodology with the view to determine the source, destination, owners, and any other information associated with a particular blockchain address or transaction. Fraud Investigations may include incident response, mission support, training, and any other non-software services provided by the Company’s personnel.

 

Changes to the Terms

The Terms can be updated from time to time. Please check back periodically for the latest version of the Terms. If there are any significant changes made to the Terms, we will notify you by email or via your account. Your use of the Services following any changes to these Terms constitutes your acceptance of any such changes.

 

YOUR USE OF THE SERVICES

 

Eligibility

You must be at least 18 years old to access and use the Service.

You agree to comply with all applicable sanctions, export control laws, and regulations, including but not limited to those imposed by the United Nations, the United States, the European Union, and other relevant authorities. You further confirm that you are not and will not use the Services to engage in any activities that involve, entities or individuals that are subject to sanctions or restrictions imposed by any applicable sanctions program or authority.

If you are entering into the Terms on behalf of a company or other legal entity, you are eligible to use the Services if:

  • your company is properly incorporated and validly existing under the laws of the country of its incorporation;
  • your company conducts its activities in accordance with the applicable laws and regulations;
  • you are legally authorized to represent your company;
  • your company is not associated with, affiliated with, or otherwise identified as restricted by the HM Treasury Sanctions List, EU Consolidated List of Sanctions, United Nations Sanctions List, or any S. Treasury Department’s Office of Foreign Asset Control (“OFAC”) list.

 

Your Representations

By using the Service, you represent and warrant that: (1) you meet the eligibility criteria stated in these Terms; (2) you have the legal capacity and you agree to comply with these Terms; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise, unless specifically permitted under the Terms, for instance, in case of access via an application programming interface (“API”); (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation. You provide further representations and warranties as may be defined throughout these Terms.

 

Your Use of the Service

You need to create an account in order to access the Services using your personal or corporate e- mail address. All messages sent from @kytgroup.io domain to the email address you provided during registration are considered legally valid messages.

Risk Scoring. Risk Scoring may be provided in several formats: (1) a bundle of Risk Scoring checks, or (2) subscription to multiple checks within a defined billing period (per month, for example). You agree that a Risk Scoring check is considered used and consumed when you receive the result of the check in your account and/or when a corresponding billing period lapses.

Fraud Investigation. Fraud Investigation includes interviewing, blockchain and OSINT investigation, tracking the movement of crypto assets, information gathering, documentation support, communication with cryptocurrency exchanges, cryptocurrency issuers, law enforcement agencies, etc. You agree that Fraud Investigation is considered duly performed when you receive a report regarding the Fraud Investigation or a statement to law enforcement agencies. You agree that you shall notify us regarding the progress of the investigation and recovery of crypto assets. For these purposes, we may send requests to the email address used by you during registration. You acknowledge that there is no guarantee of satisfactory results from any Fraud Investigation services. The Fraud Investigation services are provided by us on a non- exclusive basis. We represent many entities and individuals throughout the world, including entities from the public sector (e.g. law enforcement, regulatory, policy agencies) and it is possible that our current or future customers will have matters against or involving you or the subject matter of the Fraud Investigation. You prospectively consent to our representation of any existing or new customers in any type of matter that may be adverse to you, and you waive any conflict(s) of interest and acknowledge and agree that we are permitted to provide services similar to those provided under these Terms to other third parties. Notwithstanding the foregoing, we shall not be permitted to use or disclose your confidential information in connection with any other engagements we may undertake.

 

License to Use the Service

We grant you a limited, non-exclusive, non-transferable, non-assignable license to access and make personal and non-commercial use of the Services. You are not allowed to resell or commercially use any part of the Services or its contents and materials, unless otherwise expressly authorized by us.

 

No Legal, Tax, or Investment Advice

Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that the Services do not constitute or provide legal, tax, or investment advice. Further, we provide reporting and information services only and have no liability for the transactions analyzed by the Services or for any acts or omissions in connection with the Services.

 

PROHIBITED ACTIVITIES

 

The following restrictions apply to your use of the Services. You are not allowed to:

  • copy, alter, modify, display, or otherwise create derivative works of the Services;
  • disassemble, decompile, reverse-engineer, or derive the source code of the Services;
  • interfere with or disrupt the Services;
  • transmit viruses, malware, or other malicious software;
  • attempt to gain unauthorized access to the Services;
  • sell, rent, transfer, or otherwise assign any rights to the Service to any third party; or
  • access or use the Service in violation of any applicable local or international laws.

 

FEES AND PAYMENT

 

Each of the Services may be provided on a paid basis and is subject to specific terms set forth in a corresponding section of the Website, including in your account. In case of any discrepancies between the payment terms set forth in these Terms and on the Website, the payment terms set forth on the Website will prevail.

Risk Scoring. You can (1) pay for one or several Risk Scoring checks on a per-check basis (“pay-as-you-go”) or (2) purchase a subscription for certain number of checks available within a defined billing period (“subscription”). In the pay-as-you-go model, you only pay for the actually performed checks. If you made a deposit for a bundle of checks in the pay-as-you-go model, you can always request a refund for the unused checks, less any associated refund expenses. In the subscription model, you can use up to certain number of checks per a defined billing period, provided that the unused checks do not roll over or add up to the next subscription billing period. If you cancel the subscription, you can request the refund for the last billing period only in proportion to the number of unused checks, less any associated refund expenses.

Fraud Investigation. Fraud Investigation fees are determined on a case-by-case basis. After you submit a request via your account, we will make a fee proposal via your account or by email. If you accept our fee proposal, you will be bound by the accepted terms. Fees for Fraud Investigation may include hourly rates, a fixed fee, and/or a success fee. There are no refunds for Fraud Investigation services.

 

INTELLECTUAL PROPERTY

 

Our Intellectual Property

All rights, including any copyright, patent, trade secret, or other intellectual property rights in the Services, will remain our sole property.

 

Your Data

Notwithstanding anything in these Terms, you grants us: (1) a non-exclusive, worldwide, royalty-free license to use any information made available through the Services or otherwise provided by you to us in connection with the Services, and (2) without limiting the foregoing, a non-exclusive, worldwide, irrevocable, perpetual, royalty-free license to use any information or data in connection with, or related to, activity included in a ledger associated with blockchain technology, including blockchain addresses, information or data used to identify cryptocurrency transactions (including the identity of the parties related thereto), transaction hashes and amounts for transactions made available to us by you to provide, improve, enhance, develop, and offer marketing, services or products (the information in (1)-(2), collectively, “Your Data”).

You represent and warrant that: (1) you owns or has the right to make Your Data available to us; and (2) the foregoing license grant and use of Your Data on or through the Services will not (a) violate the intellectual property, privacy, publicity, or other rights of any person or entity or otherwise violate applicable law, or (b) breach any contract between you and a third party or (c) create a third-party beneficiary right. You have sole responsibility for (1) the means by which you acquired Your Data; and (2) the accuracy, quality, and legality of Your Data.

 

Feedback

You hereby grant us a non-exclusive, worldwide, irrevocable, perpetual, royalty-free license to use any ideas, suggestions, messages, posts, requests, comments, input, or other feedback provided by you, your company’s employees or agents (“Feedback”) in connection with the Services to us for any lawful purpose. You acknowledge that you provide Feedback voluntarily, and we have no obligation to use any Feedback.

 

UPDATES TO THE SERVICE

 

We may issue updates or upgrades to the Services and disable access to the Services for any period of time or permanently. Each of the Services is subject to scheduled and unscheduled service interruptions.

You consent to automatic updates or upgrades of the version of the Services that you are using on your device to a new version.

You agree that we will not be liable to you for any interruption of the Service.

 

PRIVACY

 

Our Privacy Policy available at https://kytgroup.io/privacy_policy explains how we collect, use, and protect your personal data.

You are not allowed to collect any personal data through the use of the Services. You agree not to:

  • provide any false personal data to us;
  • engage in unauthorized collection of users’ information or access the Services by automated means, including bots or scrapers; or
  • reveal any personal data related to another person, including address, phone number, email, credit card number, or any information that may otherwise identify another person.


Pursuant to our Privacy Policy, we have the right to store your personal data when these Terms are in effect and after that for as long as it is reasonable necessary in our discretion.

 

GENERAL TERMS

 

Links to Third-Party Websites

The Services may contain links to websites owned by third parties. Such links are provided for informational purposes only. We are not responsible for any third-party websites or their content, including errors, omissions, or damages resulting from their use.

 

Limitation of Liability

THE SERVICES ARE PROVIDED TO YOU “AS IS.” WE MAKE NO WARRANTY OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES OR ANY CONTENT IN THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUT EXCEPT TO THE EXTENT ARISING OUT OF YOUR PAYMENT OBLIGATIONS, OR IN CONNECTION WITH YOUR UNAUTHORIZED USE OR DISCLOSURE OF THE SERVICES OR OUR INTELLECTUAL PROPERTY (TOGETHER, THE “EXCLUDED LIABILITIES“), IN NO EVENT WILL NEITHER YOU, NOR US BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR LOST PROFITS, OR LOSS OF DATA ARISING OUT OF THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY ASSERTED (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT).

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, EXCEPT AS IT RELATES TO THE EXCLUDED LIABILITIES, IN NO EVENT WILL EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS EXCEED THE TOTAL CUMULATIVE AMOUNT TO BE RECEIVED BY US IN CONNECTION WITH THE APPLICABLE SERVICES IN THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE.

WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR OTHER LOSSES RESULTING FROM: (I) ANY INTERRUPTION OF THE SERVICES; (II) ANY CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF ANY MATERIAL OR CONTENT.

 

Indemnity and Penalties

You agree to defend, indemnify, and hold us harmless from any claim, losses, obligations, damages, or expenses arising from your use of or access to the Services, your breach of these Terms, or your violation of any law or the rights of a third party. This provision will continue to be effective even if you have stopped using the Services. If you are in breach of any provisions of these Terms, we may withhold as a penalty any sums paid by you for the Services in full amount.

 

Governing Law

All claims relating to these Terms or the Services will be governed by the law of Hong Kong, excluding its conflict-of-laws rules.

 

Resolution of Disputes

Any dispute, claim or controversy arising out of or relating to these Terms, including but not limited to a claim or controversy regarding the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

You agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

TERM AND TERMINATION

 

You may stop using the Services at any time.

We reserve the right to discontinue the Services at any time without notice. We may also terminate or suspend your access to the Services without notice if (a) you violate these Terms or (b) we are required to do so to comply with a legal requirement or court order.

 

ELECTRONIC COMMUNICATIONS AND CONTACT INFORMATION

 

You consent to receive electronic communications from us via the e-mail address used during the registration process and in the account and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy legal requirements. If you have any questions about these Terms, you can contact us at info@kytgroup.io.