T&Cs

1. Definitions

AML/CFT

refers to the Anti-Money Laundering and Counter-Terrorist Financing requirements to which Kiln may be a subject.

Applicable Law

means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organisation of which Kiln is a member), that are applicable to the provision, receipt or use of the Kiln Services, or any other products or deliverables provided, used or received in connection with the Kiln Services, under these T&C.

Account

refers to the individual and dedicated digital space of a User, opened and administered by Kiln allowing the User to access the Kiln Platform via the Dashboard.

Client

refers to the users who have subscribed to one or more of the Services offered.

Cryptocurrencies

refer to digital assets that Clients may acquire, own or dispose of during or upon subscription to the Services.

Dashboard

refers to the Website page dedicated to the use of the Services subscribed by the Client after the creation of the Account.

Kiln

refers to Kiln, a société par actions simplifiée registered in the Paris R.C.S. register under the n°839 230 125 and whose head office is located at 14, Avenue Trudaine 75009, Paris, France.

List of Prohibited Countries

Means United States, Cuba, Democratic People’s Republic of North Korea (“DPRK”), Iran, Syria, Crimea region and any non-government controlled areas of Ukraine, Sudan.

Parties

refers to Kiln and the Users/Clients, in the context of this contractual relationship.

Private Key

refers to a critical piece of data used to authorise outgoing transactions on blockchain networks.

Restaking

refers to the mechanism allowing the rehypothecation of staked layer 1 assets to extend cryptoeconomic security to additional applications on the layer 1 network. EigenLayer is a prominent example of such a protocol.

Restricted Person

means a person or legal entity who (a) is included in any trade embargoes or economic sanctions, terrorist or corrupt foreign officials list (such as the United Nations Security Council Sanctions List, issued by a government agency including the list of specially designated nationals maintained by the office of foreign assets control of the U.S. Department of the Treasury (OFAC), or the denied persons or entity list of the U.S. Department of Commerce), or by the United Kingdom, European Union) tor (b) resides, or is established, or has operations in, in any country listed in the List of Prohibited Countries.

Reward

refers to Cryptocurrencies distributed by the Supported Network generated by operating Staking Nodes, including, but not limited to, block rewards, endorser rewards, transaction fees and any other direct payments as a result of operating a Staking Node.

Staking

refers to the act of locking up cryptocurrency collateral on a “proof of stake” blockchain to earn the right to participate in its operation, thus, earning a Reward.

Staking Nodes

refers to the collection of server hardware and software required to maintain a current copy of the blockchain for a Cryptocurrency and to produce or validate new blocks.

Subscription

refers to the purchase, by the Client, of one or more Services offered by Kiln and involving the acceptance of these T&Cs.

Supported Network

refers to any distributed ledger/blockchain network for which Kiln is able to perform the Services.

Services

refer to Staking services. The Services will enable the User to stake and unstake Cryptocurrencies at its discretion; however, in all cases, Staked Cryptocurrencies will be subject to the rules and conditions of the Supported Network protocol which defines the rules of operation of the Supported Network. It also refers to Restaking services which are products, technologies and services provided by Kiln to support the integration and operation of restaking protocols.

Third-Party Services

refer to the services not operated by Kiln, but providing content or additional features to the Users such as payment service, purchase and sale of digital assets in legal tender and/or digital asset wallets. Whether or not integrated into the Website, these services are provided under the sole responsibility of the providers who offer them. The terms of use of these services can be found on the website of the relevant service provider.

Website

refers to the website kiln.fi as well as all its related domains or subdomains.

User(s)

refers to any natural or legal person accessing the Website as a simple Internet user or Client.

Withdrawals-enabled
on Ethereum staking

refers to the milestone after which it will be possible for users to withdraw staked Ethereum. Prior to this period, the stakes are “locked up”. This milestone is expected to happen in the first “hard fork” (major update). For the avoidance of doubt, the exact timing is solely dependent on the Ethereum network and is not something Kiln can control or be liable for.

2. Kiln Staking Services

Kiln is a “staking as a service” platform. It enables Clients who hold Cryptocurrencies to stake or restake them directly on the Kiln platform. These T&Cs between Kiln and the Client govern the execution and receipt of the Kiln Staking Services provided by Kiln to the Client.

When choosing to stake using Kiln’s Services, User understands that Kiln will be performing blockchain operations involving its Cryptocurrencies. These operations do not affect its ownership over its Cryptocurrencies.

3. Risks acceptance & Slashing

3.1 Risks acceptance. By accepting the T&Cs, the Client is aware that the Services offered are related to the digital assets sector and directly linked to blockchain technology, which entails several considerations:

First, although Kiln endeavours to provide access to accurate and precise content on its Website, it does not guarantee its exhaustiveness.
Clients are aware of the economic risks associated with the Services offered.
hey acknowledge that digital asset markets are decentralised and unregulated, that the Services are not suitable for many investors and that they represent a high level of risk of loss of capital due to the volatility of the markets. Therefore, although the risk of loss does not exceed the amount invested, Clients agree not to invest funds they cannot afford to lose. Furthermore, Clients acknowledge that they understand that past performance is not indicative of future performance, which may vary both upwards and downwards.
IMPORTANT NOTE: Clients are aware of the technical risks associated with the Services offered, including the risks associated with an error or security failure, whether or not related to the blockchain, which may result in a loss of data or access to stored digital assets.
The Website may contain links or content from Third-Party Services. Such Third-Party Services may be subject to different terms and conditions and privacy practices. Kiln is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Kiln of such services.

In connection with the foregoing, the Client shall acknowledge the following aspect in relation to:

Regulatory changes. Blockchain technologies and regulation related to anti-money laundering and financial regulations might evolve. The Client(s) need(s) to acknowledge that certain Services, including their availability, could be impacted by one or more regulatory requirements and that Kiln may have to suspend or stop providing all or part of its Services unilaterally without prior notice.

Tax. The Client(s) hereby accepts the fact that the Rewards may be considered tax events according to the legislations under which the Client is subject to taxation. Consequently, Kiln cannot be liable for any losses in this regard.

Cybersecurity. Ransomware organisations may attempt to interfere with the technology involved in the Services, including service attacks, spoofing, malware attacks etc. Kiln shall provide for the Services in a diligent manner in accordance with applicable technology, IT and industry standards, Kiln does not have complete control over such cybersecurity incidents and thus is not liable in such cases unless Kiln is reasonably considered to be at fault.

3.2 Slashing. Some of User’s staked Cryptocurrencies might be “slashed”. Kiln will use commercially and technically reasonable efforts to prevent any staked Cryptocurrencies from slashing. However, in the event they are, Kiln shall, subject to the Service Level Agreement defined in section 9, replace User’s Cryptocurrencies so long as such penalties are not a result of : (i) protocol-level failures caused by bugs, maintenance, upgrades, or general failure; (ii) User’s acts or omission; (iii) acts or omissions of any third party service provider; (iv) an event qualifying under section 15 of this Agreement; (v) acts by a hacker or other malicious actor; or (vi) any other events outside of Kiln’s reasonable control.

4. Applicability of the T&Cs & Amendment to this Agreement

These T&Cs, constitute a legally binding agreement between Kiln and the Client. The latter acknowledges having read them carefully, and understood and accepted them in their entirety. Users undertake to read the T&Cs in addition to any contractual document available on the Website. This contractual set determines the contractual relationship between Kiln and Users in its completeness. These T&Cs are available at all times on the Website and transmitted to the User who accepts them, or via acceptance of the T&Cs on a web page through which they access Kiln Services. It is advisable to keep them in paper format or save them on a secure computer. Acceptance of these T&Cs is necessarily full and complete. Any acceptance under certain reservations is considered null and void. Any User who does not agree to be bound by these T&Cs will not be able to access the Services.

Kiln retains the right to modify, at any time and at its sole discretion, these T&Cs. In such a case, the enforceable version to the contractual relationship between the Client and Kiln will be the one available on the Website when using the Services. It is the Client's responsibility to review the revised T&Cs and to explicitly accept them before accessing the Services again. The Client’s continued access and/or use of Kiln’s Services shall constitute an express acknowledgment of the amendments provided to the Agreement and shall be deemed to materialize the Client’s acceptance of the revised Agreement.

5. Kiln’s undertakings

Kiln operates the Service in a diligent manner in accordance with applicable technology, IT and industry standards. The Service is a non-custodial service: the Client is responsible for maintaining the security of its own accounts and Private Keys at all times. Kiln will never require for the Private Keys in any circumstances. Kiln will not hold any Client Private Keys at any moment and will not act as a custodian of Client’s fund. Kiln will provide the Client with all information necessary to use the Service. The Client acknowledges and agrees that Kiln shall not be liable or responsible for any inability of the Client to access the Service due to blockchain and/or network issues which are beyond the control of Kiln.

For avoidance of doubt, on all Supported Network protocols for which Kiln offers services, including Restaking protocols, the following cases are NOT covered:

Losses directly due to the Client’s actions, as part of the self management of the Cryptocurrencies it has delegated to the Staking Node;
Validator client software failure, or any other software we may use in the future;
Smart-contract failure, hack, exploit or similar defects.
Network critical delay, halt, leak, or similar defects;
Loss of stake or rewards from events beyond Kiln’s reasonable control. Such events might include but are not limited to any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, and inability to secure products or services from other persons or entities.

6. Clients Rights and undertakings and acceptable use

6.1 Kiln is granting hereby a limited, non-exclusive, non-transferable, and revocable license to use the Services. The Client acknowledges that the use of the Service is limited to its Client only. The Client shall not permit any other entity or person to use the Service and the Client shall immediately notify Kiln of any unauthorised use of the Service. The Client shall agree (i) not to distribute or introduce any harmful code through Kiln systems, (ii) not to use any automated means or interface not provided by Kiln to access Services or to extract data, (iii) not to provide false or misleading information, (IV) not to bypass, circumvent, or attempt to bypass or circumvent any measures in place to prevent or restrict access to Kiln (including blocking or restrictive measures related to the List of Prohibited Countries) (v) not violate any laws when using Services. This includes any local, provincial, state, federal, national, or international laws that may apply to the Client, not use Kiln Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, fraud, illegal gambling, money laundering, or terrorist activities.

Any use of Kiln Services other than as specifically authorised in these Terms, without Kiln prior written permission, is strictly prohibited and will terminate Kiln licence to use Services.

6.2 Eligibility criteria. To be eligible to Kiln Services, the Client must:

a. be an individual, corporation, legal person, entity or other organization with the full power, authority and capacity to (1) access and use the Kiln Services; and (2) enter into and comply with its obligations under these Terms and Conditions;
b. if Client is an individual, be at least 18 years old;
c. if User acts as an employee or agent of a legal entity, and enter into these Terms and Conditions on their behalf, Client must be duly authorized to act on behalf of and bind such legal entity for the purposes of entering into these Terms and Conditions;
d. not have been previously suspended or removed from using Kiln Services;
e. not be a Restricted Person;
f. not be located, incorporated, otherwise established in, a citizen of, or resident of, or have business operations in:

a jurisdiction where it would be illegal under Applicable Law for Users to access or use the Kiln Services, or cause us or any third party to contravene any Applicable Law; or
a country listed in our List of Prohibited Countries.

7. Account

7.1 Creation

Provided that the User meet the eligibility conditions set forth above in section 6.2, to benefit from Kiln’s Services User need to register for an Account on the Website, by:

providing his/her username, e-mail address;
choosing a (strong) password;
accepting the T&Cs and any additional contractual documents governing the use of the Services.

Kiln shall not be held liable for the loss or theft of a password by the User, or by the resulting Account impersonation. It is the User's responsibility to take all measures to secure access to the login and password of their Account. The User is responsible for the actions of any person using his Account, including without his/her prior consent. The User agrees to report any fraudulent use of his/her Account, login or password to Kiln as quickly as possible. The Client is responsible for the security of its own backup and acknowledges hereby that Kiln does not have access to or store passwords, Private Keys, PIN, or other credentials associated with use of the Services. We are not in a position to help to retrieve Client credentials.

Kiln reserves the right to refuse to open an Account for the User, or suspend or terminate (see section 7.2) its Account (including but not limited to duplicate accounts).

7.2 Deletion

The User may, at any time, request the deletion of his/her Account under the conditions set out on the Website. The deletion of an Account may result in the irreversible deletion of all of the Client's Account data, as well as all associated cryptographic keys such as transaction validation keys held by Kiln. Consequently, ahead of deletion users should request this data from Kiln and back it up.

8. Subscription and Suspension of Services

8.1 Subscription

Kiln reserves the right to refuse or cancel any order or request to perform any Service in the event of insufficient funds or a dispute between Kiln and the Client regarding payment. In case of unavailability of a Service, Kiln will inform the Client as soon as possible to cancel the order and refund the payment.

8.2 Services suspension

Suspension with prior written notice: Without excluding other coercive measures, Kiln reserves the right to temporarily or permanently suspend access to the Services in case of breach of these T&Cs by an User unfair, fraudulent, criminal or harmful behaviour, and in particular but not exclusively, in the following cases:

the User does not comply with all or part of these T&Cs;
the User is suspected of fraud;
the User's login and password have been transmitted to third parties;
the User uses several distinct Accounts.

In case of suspension, Kiln informs the User of the measure by email, to the e-mail address associated with the Account, indicating (i) the reason for the suspension, (ii) its scope, (iii) its permanent or temporary nature and, in the latter case, (iv) its duration. In case of permanent suspension, the User has a period of thirty (30) days to stop the use of the Services. At the end of which any User Account will be deleted under the conditions set out above.

Suspension without notice: Kiln may suspend or block access to the Services immediately and without notice in case of:

legal or regulatory obligations (including AML/CFT regulations), court decisions, injunctions or any administrative request that would justify suspending the service immediately;
interference that may cause damage or degradation of Kiln's or third parties' equipment;
the holding of several accounts by the same Client;
fraudulent behaviour by the Client, including alleged infringement or infringement of Kiln's intellectual property rights, or infringement of intellectual property rights of Third Party Services or misuse of services for purposes other than those stated in the contract;
bankruptcy, reorganisation, liquidation, dissolution or similar proceedings against the Client.

During the period of suspension or blocking under the conditions of this article, the Client remains liable for all the Commission Fees that are incumbent upon him and will not be able to access, if applicable, his income in Cryptocurrencies generated by the Services.

9. Service Level

These T&Cs apply to all the Supported Network protocols.

Kiln guarantees a 99% uptime over each one (1) year period per protocol starting from the moment the Client has issued their staking transaction on that protocol and it has been activated by the relevant blockchain network.

To the extent that Kiln went below the aforementioned guaranteed rate and provided that the Client has submitted a written refund notification to Kiln within 90 days, the Client shall be entitled to receive such refund that will be paid by Kiln within 90 calendar days following the reception of written refund notification from the Client.

10. Right of withdrawal

Given the digital nature of the Services, the withdrawal period provided for in Articles L. 221-18 et seq. of the French Consumer Code and the article 9 of the European directive related to Consumer Right Protection shall not apply. By subscribing to the Services on the Website, any User being a natural person expressly agrees to waive his/her right of withdrawal, in other words every User expressly asks and accepts that the contractual relationship with Kiln (concluded when accepting those T&C’s) is fully effective as of the date of such acceptation.

11. Rewards

The Client shall receive Rewards and/or Additional Rewards directly attributable to their Staked Cryptocurrencies via smart contract functionality, to the extent applicable or, in cases where Kiln is collecting Rewards and/or Additional Rewards where there is no involvement of the smart contract functionality, the Rewards will be redistributed to the Client.

12. Commission Fees & tax

Kiln will be entitled to receive the percentage of the Rewards and/or Additional Rewards (“Commission Fees”), which will be payable, as the case may be, either through the smart contract functionality or such Commission Fees will be retained directly by Kiln, depending on the Supported Network protocol. The Client explicitly authorises Kiln to deduct and levy fees from the Rewards and/or Additional Rewards due to the Client.

If applicable, the Client will pay on top any value added taxes (VAT), any tax in the nature of a withholding tax and any duties payable in respect of the fees due hereunder or otherwise arising in respect of this Agreement. The Client expressly acknowledges that any VAT or other tax applicable to operations performed on its Cryptocurrencies are and remain its entire responsibility.

13. Client’s commitments and liability

The Client who has subscribed to Services undertakes to:

cooperate with Kiln in order to provide, as soon as possible, all the information usefully requested;
not to violate any applicable laws or regulations through the use of the Services;
assume sole responsibility for all administrative, social and fiscal formalities as well as the payment of contributions, taxes and duties of any kind for which he/she is liable due to the use of the Services;
cooperate with Kiln in the proper performance of these T&Cs;
indemnify Kiln against any claims, actions, demands and/or complaints whatsoever arising from the Client’s breach of these T&Cs.

Unless proven otherwise, the Client acknowledges that the computer data recorded by Kiln or by Third-Party Services constitute evidence of all the operations initiated or requested by the Client through the Website.

The Client guarantees to indemnify Kiln against any breach, exceeding the foreseeable risk and any fraudulent or bad faith use of the Services.

The Client agrees to indemnify, defend and hold Kiln harmless from any and all claims arising from the use of the Services.

The Client also agrees to indemnify and hold Kiln harmless from any and all liabilities, losses, damages, costs, claims and/or expenses, including, but not limited to, reasonable attorneys' fees, that we may incur, suffer or be required to pay as a result of such claims.

14. Kiln’s liability

14.1 Disclaimer

Kiln will use reasonable level of skill and care to ensure that the Services can be accessed by the Client in accordance with the present T&Cs, but there are no guarantees that access and features will not be interrupted or that there will be no delays, failures, errors, omissions, corruption or loss of transmitted information. Kiln Services are provided “as is” and “as available” without any warranty of any kind, either express or implied, and in particular without implied warranties of merchantability, reliability, and fitness for a particular purpose.

Kiln declines all responsibility for the use and allocation by the Clients of the sums paid within the framework of the use of the Services and cannot in any case see Kiln responsibility engaged because of misappropriation of funds or misuse of corporate assets committed by the Client.

14.2 Limitation of Kiln’s Liability

Unless caused in part or in the whole by Kiln’s gross negligence, willful misconduct or fraud, Kiln shall not be responsible nor liable for any failure in the Services, missed Rewards, Slashing Penalties or any other damages or losses resulting from, caused by or attributable to (i) protocol-wide malfunction of a supported Blockchain (including “AVSes” which means “actively validated services” are protocols which are benefitting from the restaked collateral on a restaking protocol), (ii) bug in validator Client software, or malfunction by other validators than those operated by Kiln, (iii) Client’s delay in or failure to take any actions upon which Kiln’s performance is dependent; (iv) Client’s failure to use the Services following Kiln’s requirements, including without limitation, the Documentation; (v) Client’s failure to act in accordance with the network protocol; (vi) Client's products or services, or Client’s (or its Authorised Users’ or Representative’s or End User’s) gross negligence, willful misconduct, or (vii) unauthorised access, breach of firewalls or other hacking by third parties, except to the extent such access, breach or hacking is caused by Kiln’s gross negligence or willful misconduct. For the avoidance of doubt, Kiln will not be liable for correlated Slashing Penalties caused by non-Kiln validators slashing on the Ethereum Blockchain.

Kiln shall not be liable for any indirect damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Nodes provided there has been no gross negligence, wilful misconduct or fraud on the part of Kiln.

Kiln’s maximum liability for any direct damages shall be limited to the total Fees that Client has paid to Kiln within three (3) months immediately preceding the events giving rise to any claim.

14.3 Restaking Exclusion

Third-party entities (e.g., EigenLayer) integrated into the Kiln platform, offers additional functionalities such as enabling the rehypothecation of ETH on the consensus layer (called restaking). Kiln performs two key roles in this context:

a) Operator, running AVSes to help secure the AVS protocol and earn additional rewards to corresponding restaking delegators.
b) Curator of AVSes, running “sets” of AVSes and enabling users to opt-in to a whole set.

To this extent Kiln only acts as a technology provider and does not undertake any role such as of a financial intermediary, including when acting as a node operator.

By accessing and using the Restaking Service, Clients acknowledge and agree to the following:

Third-Party Relationship: third-party entities such as EigenLayer are independent entities, and their functionalities are integrated into the Kiln platform for enhanced user experience. Such third-party entities are not a subsidiary, partner, or affiliate of Kiln.
Limited Responsibility: The Kiln platform facilitates the integration of Restaking functionalities for the convenience of Clients. However, Kiln does not assume any responsibility for the performance, reliability, or consequences of such third-party entities services.
Disclaimer of Liabilities:
Clients engage with third-party entities Restaking functionalities at their own risk. Kiln disclaims any and all liabilities, warranties, or guarantees related to such third-party entities services, including but not limited to their accuracy, reliability, and fitness for a particular purpose.
The Client acknowledges and agrees that the use of the Restaking Protocol and participation in restaking activities carry inherent risks, including but not limited to the risk of Slashing Penalties.
Kiln shall not be liable for any Slashing Penalties or any loss of ETH or other digital assets resulting from the participation of the Client in the Restaking Protocol’s Restaking functionalities or any other activities related to the Restaking Protocol
No warranty:
Kiln provides no warranty, express or implied, regarding the performance, reliability, or safety of the Restaking Protocol’s Restaking functionalities
Kiln provides no warranty, express or implied, regarding the performance, reliability, or safety of the tokens that can be committed to the Restaking Protocol as collateral.
The Client acknowledges that Kiln has no control over the Restaking Protocol, related AVSes and their operation, and Kiln shall not be responsible for any acts, omissions, or faults of the Restaking Protocol or any third-party associated with the Restaking Protocol.

The Client expressly acknowledges and agrees to the above-mentioned risks associated with the Restaking Services.

15. Force majeure

Any event, beyond the control of the Parties, which cannot reasonably be foreseen and overcome, shall be considered as an event of force majeure. Thus, Kiln shall not be held responsible for delays or non-performance of its contractual obligations resulting from the occurrence of events beyond its control, such as: acts of God, weather disturbances, absence or suspension of electricity supply, lightning or fire, decision of a competent administrative authority, war, public unrest, acts or omissions on the part of other telecommunications operators, pandemic or other events beyond Kiln reasonable control. Any such circumstances occurring after the conclusion of the contract and preventing the performance under normal conditions of the service shall be considered as a cause for exemption from all or part of the obligations of the Parties. Consequently, Kiln shall not be held responsible for any resulting interruptions.

16. Termination

In the event of an amendment in the applicable law or regulation and the interpretation thereof by the relevant regulatory authority, affecting Kiln ability to perform the subscribed Services subscribed by the Client, these T&Cs shall automatically terminate.

Either Party may terminate these T&Cs by written notice to the other party for breach, if the other Party materially breaches the T&Cs and fails to cure such breach within thirty (30) days after receipt of written notice.

In addition, Kiln may terminate these T&Cs if it becomes subject to an insolvency proceeding and the proceeding is not closed within 90 days.

These T&Cs can be terminated at any time within 7 days upon the reception of a written request from the Client. Termination is however excluded before the” Withdrawals-enabled on Ethereum staking” milestone (see Definitions) for services related to the Ethereum network.

The termination of these T&Cs imply stopping all associated Services access.

Upon the date of termination, all of Client’s rights under these T&Cs shall immediately terminate and Client shall remain liable for the Commission Fees until the termination date.

The termination of the contractual relationship between Kiln and the Client under these T&Cs may result in the closure of his Account. The closure of an Account will not give rise to any compensation, regardless of the prejudice caused by such closure. Unless expressly agreed otherwise, the Client whose Account has been closed is not allowed to open another one. Any Account opened in violation of this provision may be closed immediately without notice.

17. Intellectual property rights

All intellectual property rights on the smart contract, Website, excluding content generated by Clients, are owned by Kiln. They are provided free of charge for the exclusive purpose of using the Services. Therefore, any use of these contents without prior authorization is unlawful.

Kiln is the owner of any database related to the Website. Any unauthorised extraction or reproduction is prohibited.

TRADEMARK: All trademarks, service marks and logos of Kiln used in the Services (“Trademarks”) are the property of Kiln and their respective owners. It is strictly prohibited to use these Trademarks without Kiln express written authorisation or the express written authorisation of any third parties.

FEEDBACK: Kiln is welcoming feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). The Client shall grant a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable license under any and all intellectual property rights to Kiln to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

18. Support

In case of need for technical or commercial support, the Client is invited to contact Kiln, using the “Get in touch” tab on the Website.

19. Export & access restrictions

The Client(s) shall comply, at their own expense, with all laws that apply to or result from their obligations under these T&Cs. By accessing and using the Services, The Client represents and warrants that it is not on any trade or economic sanctions lists, such as (but not limited to) the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”.

Kiln reserves the right to select the markets and jurisdictions where it operates and may restrict or deny access to the Services in certain countries, states or territories. It is expressly stated that Kiln Services are not available in the US territory and must not be used by any Client/User which is a US citizen. Any breach by the Client/User will lead into immediate termination of its/their Account. The use of any tools or practice allowing the circumvention of such geoblocking (such as the use of a VPN) is strictly prohibited.

20. Confidentiality and Use of Data

20.1 Confidentiality

All information provided under this T&Cs by a party (the “Disclosing Party”) to the other party (the “Receiving Party”) regarding the Disclosing Party’s business, products, codes, operations, including without limitation the terms of this T&Cs, shall be treated as confidential (“Confidential Information”). All confidential information provided under this Agreement by Disclosing Party shall be used, including disclosure to third parties, by the Receiving Party or its agents or service providers, solely for the purpose of performing or receiving the Services and discharging the Receiving Party’s other obligations under this Agreement or managing the business of the Receiving Party and its affiliates, including financial and operational management and reporting, risk management, legal and regulatory compliance and client service management. However, information is not confidential to the extent (i) it is or becomes publicly available other than through a breach of this Agreement, (ii) it is independently derived by the Receiving Party without the use of any information provided by the Disclosing Party in connection with this T&Cs, (iii) it is disclosed to comply with any legal or regulatory proceeding, investigation, audit, examination, subpoena, civil investigative demand or other similar process, (iv) it is disclosed as required by operation of law or regulation, or (v) where the party seeking to disclose has received the prior written consent of the party providing the information, which consent shall not be unreasonably withheld.

20.2 Personal data:

By accepting these T&Cs, Clients consent to the collection, processing, storing of data by Kiln and/or its affiliates for developing new services, conducting analytics and reselling aggregate information for business dealings.

Data collected are cryptocurrency wallet public address, IP address, user name, email address.

Kiln may collect, process, and store data regarding the Client and share it with its affiliates, agents and Third Parties in order to: (i) create its Account, (ii) provide the Service; and (iii) manage the services including, but not limited to, User on-boarding, financial and operational management and reporting, risk management, legal and regulatory compliance and service management. Kiln shall require any affiliate, agent or service provider to which it has disclosed Data pursuant to this section to comply with the confidentiality and data protection provisions in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) if applicable.

Personal data which might be collected and processed are kept for the duration necessary for the contractual relationship, unless a longer duration is imposed by any applicable law and/or regulation. Either Party has the right to access and to correct its personal data at any time by contacting the other Party business point of contact. Either Party has also a right to request erasure of its personal data, unless the other Party is required to retain them by law or for the execution of the Agreement.

21. Non-waiver

Kiln failure at any time to require the other party to perform any of its obligations under these T&Cs shall not affect Kiln right to require performance thereafter. The nullity of any clause of these T&Cs does not affect the validity and the obligation to respect the other clauses.

22. Mediation

In the event of a dispute, the Client shall proceed amicably before taking any action, and send a claim at the address to legal@kiln.fi or by post to the following address: Kiln, 14 Avenue Trudaine, 75009, Paris, France or by e-mail to the address specified in the legal notice. No action may be brought against Kiln without a formal notice by registered letter with acknowledgement of receipt having first been sent to it.

The Client is informed that he may approach the mediator of the European platform for dispute resolution, accessible at the following link: www.webgate.ec.europa.eu/odr.

TERMS AND CONDITIONS

April 2024

LEGAL NOTICE