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Terms of Service

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1. Acceptance of Terms

By accessing or using Kai's banking platform, APIs, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

These Terms constitute a legally binding agreement between you and Kai. By creating an account, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement.

2. Account Registration and Security

To use our Services, you must create an account by providing accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials, including passwords and API keys
  • All activities that occur under your account, whether authorized or not
  • Notifying us immediately of any unauthorized access or security breach
  • Complying with our identity verification and Know Your Customer (KYC) requirements
  • Keeping your contact information and personal details up to date

We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.

3. Use of Services

Kai provides banking services including, but not limited to:

  • Multi-asset accounts for fiat currencies, cryptocurrencies, and stocks
  • Payment processing and money transfers
  • API access for developers and AI agents
  • Investment management and analytics

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for all transactions made through your account.

4. Payment and Fees

Certain features of our Services require payment of fees. By using these features, you agree to pay all applicable fees as described in our pricing page. Fees may include:

  • Monthly subscription fees for Pro and Enterprise plans
  • Transaction fees for payments and transfers
  • Currency conversion fees
  • API usage fees based on your plan tier
  • Cryptocurrency network fees (gas fees)

We reserve the right to modify our fees with 30 days' notice. Continued use of paid Services after fee changes constitutes acceptance of the new fees.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using our Services for illegal activities, including money laundering, fraud, or terrorist financing
  • Attempting to gain unauthorized access to our systems or other users' accounts
  • Interfering with or disrupting the integrity or performance of our Services
  • Creating multiple accounts to circumvent usage limits or restrictions
  • Using our APIs in violation of rate limits or acceptable use policies
  • Reverse engineering, decompiling, or attempting to extract source code from our platform
  • Providing false or misleading information during registration or identity verification
  • Violating any applicable laws, regulations, or third-party rights

Violation of these prohibitions may result in immediate account suspension or termination.

6. Cryptocurrency Risks

Cryptocurrency transactions involve significant risks, including:

  • Extreme price volatility and potential loss of value
  • Irreversible transactions that cannot be undone once confirmed
  • Regulatory uncertainty and potential future restrictions
  • Network congestion and delayed transaction processing
  • Loss of funds due to user error (e.g., sending to wrong address)

You acknowledge these risks and agree that Kai is not responsible for losses resulting from cryptocurrency market fluctuations or user errors in transaction execution.

7. API Terms

If you use Kai's APIs, you agree to:

  • Comply with rate limits and usage restrictions for your plan tier
  • Secure your API keys and never expose them in client-side code
  • Properly handle errors and implement retry logic with exponential backoff
  • Not use the API to build competitive products or services
  • Provide proper attribution when required

We may modify, suspend, or discontinue API functionality with reasonable notice. We are not liable for losses resulting from API changes or downtime.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or goodwill
  • Service interruptions or data loss
  • Losses resulting from unauthorized access to your account
  • Damages arising from reliance on any information provided through our Services

Our total liability for any claims arising from or related to these Terms or the Services will not exceed the fees you paid to Kai in the 12 months prior to the event giving rise to liability, or $100, whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Kai and its affiliates from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your negligence or willful misconduct

10. Dispute Resolution

Any disputes arising from these Terms or your use of the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class actions or class arbitrations.

This agreement is governed by the laws of the State of Delaware, without regard to conflict of law principles. Any arbitration will be conducted in Delaware.

11. Account Termination

You may close your account at any time by contacting our support team. We may suspend or terminate your account if:

  • You violate these Terms or our policies
  • Your account shows suspicious or fraudulent activity
  • We are required to do so by law or regulatory authority
  • You fail to complete identity verification within the required timeframe

Upon termination, you must withdraw all funds from your account. We may retain certain information as required by law.

12. Changes to Terms

We may modify these Terms from time to time. If we make material changes, we will notify you via email or through our platform at least 30 days before the changes take effect. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

13. FDIC Insurance

Fiat currency deposits held in your Kai account are eligible for FDIC insurance up to $250,000 through our partner banks. Cryptocurrency and stock holdings are not covered by FDIC insurance. For more information about FDIC coverage, visit www.fdic.gov.

14. Regulatory Compliance

Kai is committed to complying with all applicable financial regulations, including:

  • Bank Secrecy Act (BSA) and Anti-Money Laundering (AML) requirements
  • Know Your Customer (KYC) and Customer Identification Program (CIP) rules
  • Office of Foreign Assets Control (OFAC) sanctions
  • State and federal banking regulations

You agree to cooperate with our compliance efforts and provide any requested information or documentation.

15. Contact Us

If you have questions about these Terms, please contact us:

  • Email: legal@kai-bank.com
  • Support: support@kai-bank.com
  • Website: https://kai-bank.com

By using Kai's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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