Terms of Use

These Terms of Use (hereinafter, the “Terms”) apply to your (“Swap Participant”, “you“) use of the Services on kin.changelly.com (the "Website"), which are operated and maintained by Fintechvision Ltd. and its affiliates (“Changelly”, “We”, or “Us”).
We provide you with the possibility to use our Services as defined herein on the following terms and conditions.

1. Enforcement

  1. These Terms of Use constitute a binding agreement between Changelly and the Swap Participant entering into force starting from the moment the Swap participant visits Website and starts using Services as described herein. By doing so, the Swap Participant confirms that he has read and accepted these Terms of Use in their entirety before finishing the registration procedure.

  2. Unless otherwise expressly stated by the Terms, all definitions herein shall be understood, as they appear in Changelly's Terms of Use available at: changelly.com/terms-of-use.

2. Provided Services

  1. Changelly provides you with a possibility to exchange crypto assets KIN ERC20 tokens (the “KINTokens”) to crypto assets KIN Main Network Coin (the “KIN Coins”) between March 14th and June14th, 2019.

  2. Exchange of KIN Tokens to KIN Coins is free of charge for Swap Participant.

  3. Changelly operates as an agent on behalf of Kin Foundation (the issuer of the KIN Tokens and KIN Coins) providing the possibility to exchange KIN Tokens to KIN Coins. Therefore, in order to provide you with timely exchange, Kin Foundation should deposit Changelly with sufficient amount of KIN Coins beforehand. The time of the exchange depends on the forehanded deposit of KIN Coins from Kin Foundation.

  4. Swap Participant acknowledges that KIN Tokens to KIN Coins exchange rate is 1:1 (minus regular network transaction fee).

  5. To be able to use all possibilities of our Services you shall go through the registration process and create a Changelly Account. When you create a Changelly Account you oblige to:

    1. change the password, which is generated by our Services automatically, for a strong password that you do not use for any other websites, online or off-line services;

    2. provide accurate e-mail, which actually belongs to you and shall be, therefore, verified. The access to the services provided by the Changelly without verification of the e-mail is not allowed;

    3. maintain the security of your Changelly Account and promptly notify us if you discover any suspicious activity related to your account;

    4. agree to pass through AML/KYC procedures, which may be applied to You according to our internal AML/KYC policies. As a part of such procedures, Changelly reserves the right to request additional information and documents, which are aimed without limitation to identify our user and to prove the source of the funds;

    5. take responsibility for all activities that occur under your Changelly Account.

  6. The KIN Tokens to KIN Coins exchange via Changelly consists of the following stages:

    1. Swap Participant shall provide Changelly with the KIN Coin address. Such an address will be deposited by exchanged KIN Coins;

    2. Swap Participant shall send the particular amount of KIN Tokens to the correct KIN Token address, which is generated by the Changelly automatically.

    3. The KIN coin address referred to clause 2.6.1 will be deposited by KIN Coins automatically within 30 minutes. The depositing of KIN Coins to the KIN Coin address may take longer due to the third-party exchange algorithm. Changelly is not responsible or liable for any losses or damages of any sort incurred as the result of any delays due to the third-party algorithm.

  7. YOU INDEMNIFY AND HOLD CHANGELLY HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM YOUR PERSONAL ERROR AND MISBEHAVIOR SUCH ASINCORRECT USE OF CRYPTO ASSETS ADDRESSES, INCORRECTLY CONSTRUCTEDTRANSACTIONS ETC.

  8. In limited cases such as e.g. necessity to carry out AML/KYC procedure, delays due to the third-party exchange algorithm your exchange may be delayed. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT,INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND,INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXCHANGE DELAY, WHETHER ORIGINATED FROM OUR FAULT OR NOT.

3. Eligibility

  1. Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:

    1. you use our Services at your sole option, discretion and risk;

    2. you are solely responsible for any applicable taxes which may be payable while using our Services;

    3. you are NOT in, under the control of, or a national or resident of Cuba, Iran, North Korea,Crimea, Sudan, Syria, United States of America (including all USA territories like Puerto Rico,American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. Johnand St. Thomas), Bangladesh and Bolivia, as well as any other country subject to United Nations Security Council Sanctions List and its equivalent ("Prohibited Jurisdictions"). Changelly does not operate in Prohibited Jurisdictions. Changelly maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries at any time;

    4. you are at least 16 years old or of other legal age, according to your relevant jurisdiction;

    5. there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol;

    6. you guarantee that your crypto assets belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;

    7. you shall provide correct information for constructing Exchange;

    8. you agree that only the issuer of the KIN Coins Kin Foundation is responsible for securing liquidity of KIN Coins for your exchange.

  2. You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent,agree and warrant, that YOU WILL NOT:

    1. use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;

    2. use our Services to participate in fraudulent, scam or any type of illegal activity;

    3. exchange via our Services or attempt to pay-in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities.With our Services the user can only use crypto assets, which are obtained from legal sources;

    4. provide false, inaccurate, or misleading information;

    5. attempt to modify, decompile, reverse-engineer or disassemble our software in any way;

    6. use any robot, spider, crawler, scraper or other automated means or interface not provided by usto access the Services or to extract data;

    7. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;

    8. develop any third-party applications that interact with our Services without our prior written consent; AND

    9. Encourage or induce any third party to engage in any of the activities prohibited under this Section.

  3. YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.

4. Limitation of Liabilities

  1. Except as expressly provided to the contrary in a writing by Us, our Services are provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

  2. Except as otherwise required by law, IN NO EVENT SHALL CHANGELLY, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA,WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM CHANGELLY, OR THAT RESULT FROM MISTAKES,OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS,VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHANGELLY'S RECORDS, PROGRAMS OR SERVICES.

  3. Exchanges via our Services cannot be canceled by Changelly. Therefore, check the details of your exchange details before making such exchange. Changelly is not responsible for your crypto assets once they have been sent outside of the Services. Moreover, Changelly doesn’t guarantee the uptime of the exchange.

  4. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHANGELLY (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE CHANGELLY OR THE WEBSITE EXCEED 100 USDT.

  5. YOU INDEMNIFY AND HOLD CHANGELLY HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH PROHIBITION AND DISCONTINUATION OF EXCHANGES IN OUR WEBSITE WITH ANY CRYPTO ASSET.

5. No Offer of Securities

  1. Changelly takes all possible measures to exchange those digital coins and digital tokens and other types of digital mediums of exchange only that cannot be classified as “security“ by SEC or other competent national authorities.

  2. The responsibility for the fact that the crypto asset cannot be treated as “security“ lies with the issuer of digital token and/or digital coin. Changelly reserves the right at its sole discretion to prohibit and discontinue any exchanges with the token or the coin if there is any risk or speculations that such token and/or coin can be treated as “security“.

  3. We follow the best practices to decide whether crypto assets are security or not. However, for the avoidance of any doubt the provisions of this clause shall not constitute or deemed to be construed to constitute any warranty and/or investment, financial, legal or any other professional advice, that any crypto asset available through our Services is not a security.

6. Termination of the Terms

  1. We reserve the right to terminate these Terms and delete your Changelly Account and registration(including your username and password) in the following cases:

    1. If for any reason We decide to discontinue to provide the Service, by providing at least a 3 (three) calendar days’ notice (which shall be provided by e-mail);

    2. If We believe that you have breached any of the terms of these Terms, immediately without notice;

    3. If We decide to terminate our Services, immediately without notice.

  2. Changelly reserves the right to prolong the term of these Terms, by providing at least a 3 (three)calendar days’ notice to the user (which shall be provided by e-mail).

7. Applicable Law; Arbtitration

  1. You and Changelly agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.

  2. You and Changelly agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Changelly shall be sent to [email protected]

  3. Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it 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.

  4. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English language.

  5. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Hong Kong, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

  6. Whether the dispute is heard in arbitration or in court, you will not commence against Changelly a class action, class arbitration or representative action or proceeding.