Please note that these terms of service are translated from their French version.
The language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
TERMS AND CONDITIONS
BY USING THE SITE AND THE SERVICES OFFERED BY KAKTANA, THE USER ACKNOWLEDGES THAT HE/SHE IS AWARE OF THE RISKS INVOLVED IN INVESTING IN THE CRYPTO-ACTIVE MARKET.
CRYPTO-ACTIVE MARKETS ARE DECENTRALISED AND UNREGULATED, SO THE SERVICES PROVIDED BY KAKTANA COVER UNREGULATED MARKETS THAT ARE NOT REGULATED BY ANY SPECIFIC EUROPEAN FRAMEWORK. AS A RESULT, THE USER IS AWARE THAT, WHEN OPERATING IN SUCH MARKETS, HE OR SHE DOES NOT BENEFIT FROM THE PROTECTIONS OFFERED TO REGULATED INVESTMENT SERVICES CLIENTS.
THE USER UNDERSTANDS AND ACCEPTS THAT THE INFORMATION RELATES TO FINANCIAL PRODUCTS WITH A HIGH LEVEL OF RISK THAT IS NOT SUITABLE FOR MANY INVESTORS. KAKTANA PROVIDES INVESTMENT AUTOMATION SERVICES ON CRYPTO-ACTIVES THROUGH THE USER'S OWN CONFIGURATION. IT DOES NOT CONSTITUTE A GUARANTEE OF EARNINGS OR INVESTMENT ADVICE. IT IS IMPORTANT TO FULLY UNDERSTAND THE RISKS INVOLVED BEFORE DECIDING TO INVEST (TRADING OR HOLDING) IN THE CRYPTO-ACTIVE MARKET (CRYPTO-CURRENCY, TOKEN, ETC...). THE USER ACKNOWLEDGES THAT HE/SHE FULLY UNDERSTANDS THE RISKS BEFORE DECIDING TO INVEST IN CRYPTO-ASSETS AND MUST HAVE THE FINANCIAL RESOURCES TO BEAR THESE RISKS AS WELL AS CAREFULLY MONITOR HIS/HER POSITIONS.
INVESTING IN THE CRYPTO-ACTIVE MARKET, OF ANY KIND, PRESENTS A RISK TO YOUR CAPITAL. YOU MUST NOT INVEST MONEY THAT YOU CANNOT AFFORD TO LOSE.
refers to a complete list of all completed transaction blocks since the beginning of Bitcoin. In order to enhance system security, the Blockchain has been designed so that each block of transactions contains the Hash produced from the previous block. The Blockchain is a technology for storing and transmitting information at minimal cost, secure, transparent and operating without a central control body. By extension, the Blockchain refers to a secure and distributed database (because it is shared by its various users), containing a set of transactions whose validity can be verified by everyone. The Blockchain can therefore be compared to a public, anonymous and unforgeable accounting ledger.
refers to all the assets linked to the Blockchain such as: crypto-currencies, tokens, etc....
refers to a peer-to-peer and decentralized electronic money whose implementation is based on cryptographic principles to validate transactions and the generation of the currency itself. Unlike traditional currencies that are printed, crypto-currencies are created by solving mathematical problems based on cryptography
refers to a branch of mathematics that creates codes and numbers that can be used to hide information. Cryptography is used as the basis for the mathematical evidence used to verify and secure transactions.
refers to a marketplace where crypto-assets are exchanged among themselves or for fiduciary currencies. This makes it possible to invest or speculate on the price of crypto-assets (e. g. Binance, Gate.io, Bittrex, etc.).
refers to the creation of an alternative version of the Blockchain. The cause of this fork can be either malicious, accidental due to a bug or intentional when developers decide to introduce new features. The longest version of the Blockchain becomes the main version.
refers to a mathematical process that, from a quantity of input data, produces an output of a fixed size. The hash function has two important characteristics: first, it is mathematically difficult to identify the initial data by looking at the output data; second, by changing a tiny part of the initial input, the output data is then completely changed. The Hash is the result of a hash function.
refers to keeping a crypto-active and not selling it regardless of price variations (up/down).
refers to a program whose source code is accessible and publicly distributed via, most often, the Internet.
"P2P (Peer-to-peer) / Peer-to-peer"
refers to systems that allow multiple computers to communicate with each other over a network and share information. The particularity of peer-to-peer architectures lies in the fact that data is transferred directly between two workstations connected to the network, without passing through a central server. It thus allows all computers to play the role of client and server directly.
"Token / Tokens"
refers to the assets issued in a unique way for each cryptocurrency or project. For example, the Ethers are the Tokens of the Ethereum network.
The purpose of these General Terms and Conditions (hereinafter "T&C") is to define the terms and conditions, as well as the rights and obligations of Users in connection with the use of the https://kaktana.com Platform and the services offered on the site (hereinafter "SERVICES"). They come into force on the date they are put online on the Platform and are therefore enforceable against any User, for the entire duration of its use.
The User's acceptance of the T&Cs as indicated above and the version of the General Terms and Conditions as accepted by the User are stored and archived in the computer systems in an unalterable, secure and reliable manner.
The said T&Cs are in particular accessible and printable at any time by a direct link at the bottom of the home page of the site.
They may be supplemented, where necessary, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.
3. SERVICE OPERATOR
The Site and the SERVICES are operated by EIRL KAKTANA, in the process of being registered (hereinafter referred to as "KAKTANA").
KAKTANA can be contacted at the following address:
Mailing address: 7, allée Eugène Delacroix, 78590 Noisy le Roi
E-mail address: email@example.com
4. ACCESS TO THE SITE AND SERVICES
Users are personally responsible for setting up the IT and telecommunications resources required to access the Site. They shall bear the cost of telecommunications when accessing the Internet and using the Site.
Users are fully responsible for the proper functioning of their computer equipment, modem and telephone line, as well as their connection to the Internet. Users will have taken care to ensure that this equipment does not present a problem or virus and provides sufficient security to prevent the risk that a third party may obtain access to data relating to the Services provided to customers.
Users will do their utmost to preserve this security. Users shall in particular ensure that there is no risk of hostile programs or viruses accessing and disrupting the Platform's computer systems. In particular, customers will ensure the security of their computer by using and regularly updating anti-virus and anti-spyware software as well as a personal firewall.
Users assume the technical risks related in particular to a power failure, interruption of connections, malfunction or overload of networks or systems.
In addition, Users are aware that they must contact the Internet service provider of their choice to access the Internet and the Platform. In this context, Users are aware that it is their responsibility to select their Internet service provider and to determine the terms of their relationship with it. KAKTANA cannot be held responsible for risks relating to Internet access and risks relating to the remote transmission of data by Users or to Users, in particular in the event of conﬂit between Users and this Internet access provider, in connection with the character conﬁdentiel/personnel of the data transmitted, the cost of transmission, the maintenance of telephone lines and the Internet network or service interruptions.
The Services are accessible, subject to the restrictions set out on the site:
5.1 HOLDING AND TRADING RISK OF CRYPTO-ASSETS
KAKTANA IS IN NO WAY A SERVICE OF INVESTMENT FUND THE SITE AND THE SERVICES OFFERED ARE ONLY INTENDED TO ASSIST AND AUTOMATE THE USER'S INVESTMENTS.
The User is aware that the markets for crypto-actives are decentralized and unregulated markets. The Site and the Services offered by KAKTANA therefore include unregulated markets that are not governed by any specific European framework. In other words, and unlike "traditional" financial assets, the Central Bank cannot take corrective measures that could protect the value of crypto-assets in the event of a crisis or issue more assets on the markets.
CRYPTO-ACTIVE MARKETS ARE DETERMINED BY SUPPLY AND DEMAND. This market is a dynamic one and the corresponding prices are often extremely unpredictable and volatile. Crypto-active prices are generally not transparent, highly speculative and susceptible to market manipulation. In the worst case scenario, the asset may be reduced to zero. Also, the User acknowledges that he is aware that crypto-actives, due to their lack of regulation, are likely to be misused for illegal activities due to the anonymity of transactions. Law enforcement and financial market regulators are therefore likely to investigate suspected illegal activities that could harm the investor. CONSEQUENTLY, CRYPTO-ASSETS MUST BE CONSIDERED AN EXTREMELY HIGH-RISK ASSET AND THE USER WILL ALWAYS HAVE TO INVEST FUNDS THAT HE CAN AFFORD TO LOSE. THE USER MUST THEREFORE UNDERSTAND THAT INVESTMENT IN CRYPTO-ACTIVE MARKETS IS NOT SUITABLE FOR ALL INVESTORS.
The User therefore understands that he or she should not invest in crypto-actives unless he or she has the necessary knowledge and expertise, understands the characteristics of these products and your exposure to risk.
THE USER OF THE SITE AND THE SERVICES OFFERED UNDERSTANDS AND ACCEPTS THAT KAKTANA IS NOT INTENDED TO SUBSTITUTE THE USER FOR THE KNOWLEDGE THAT THE USER MUST HAVE FOR HIS OR HER INVESTMENTS IN THE CRYPTO-ACTIVE MARKETS.
Indeed, the risk of loss in crypto-active trading can be considerable. The User must therefore carefully examine whether investment in this type of market is appropriate for him in view of his situation and financial resources. The User understands that a total loss of the invested funds is possible.
5.2 BLOCKCHAIN RISK
BLOCKCHAIN is an independent public peer-to-peer network that is independent of any European legislation or regulation. The User understands that errors, mistakes and/or violations may occur in the BLOCKCHAIN and could result in the loss of funds invested in the crypto-active markets. Also, the User understands that it is bound and subject to any change and/or modification in the BLOCKCHAIN system and is subject to any applicable law that may apply to the BLOCKCHAIN. While KAKTANA may provide information regarding legislative and regulatory changes that may occur, the Site and the Services offered by KAKTANA are not intended to provide any warranty and give no guarantee, express or implied, statutory or otherwise, regarding the functionality, legislation in force or security in the BLOCKCHAIN.
5.3 RISKS RELATED TO CRYPTO-CURRENCY PROTOCOLS
The User understands the crypto-actives are controlled by underlying software that govern the operation of the crypto-actives that can be exchanged on the various existing Exchange. As a general rule, the underlying protocols are Open Source and, therefore, anyone can use, copy, modify and distribute them. These protocols may be subject to sudden changes in operating rules ("Forks") and these Forks may impact the value, function and even the name of the crypto-active. The User therefore understands that the information provided by the Site and the Services offered by KAKTANA cannot predict the Forks and their impact on the value of cryptomonnaies.
5.4 RISKS RELATED TO THIRD PARTIES
The funds invested and orders issued by the Investor are executed by third parties (Exchange). These third parties are not banks and do not hold their currency/virtual currency as a deposit. If such a third party loses money, fails or goes bankrupt, there is no specific legal protection that covers you for losses arising from the funds you may have held with that third party, even if that party is registered with a national authority. The Site and Services offered by KAKTANA cannot predict the risks associated with these third party holders (Exchange). Indeed, depending on the structure and security of the digital portfolio, some may be vulnerable to piracy, resulting in the theft of virtual currency or the loss of investor assets. KAKTANA, despite the information provided, will not be liable for any losses caused by these third parties.
6. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The acceptance of these general terms and conditions by Users is evidenced by a checkbox to be ticked when they register.
The acceptance of these general conditions can only be full and complete. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these terms and conditions must not access the Site or use the Service.
KAKTANA may, at its discretion, change or amend these terms and conditions at any time.
Users will be notiﬁés of these changes by email. It is the User's responsibility to read the revised terms and conditions and to accept them explicitly before accessing the Site again.
7. SERVICE DESCRIPTION
The User has access to the Services described on the site, in a form and according to the functionalities and technical means that KAKTANA considers most appropriate.
8. RESPONSIBILITIES AND PERSONAL DATA
8.1 PERSONAL INFORMATION PROTECTION POLICY
KAKTANA respects the personal information of visitors to the "https://kaktana.com/" Site and Users of the Services offered, and takes great care to protect your information. KAKTANA makes every effort to limit the risk of loss, damage or misuse.
8.2 USE OF VISITOR AND USER INFORMATION
The personal data collected on each User is intended for KAKTANA.
- To organize a promotion, a survey and provide you with the corresponding products or services.
- To send you information or documentation by e-mail about products, offers, news and information that we think may be of interest to you.
This information may relate to KAKTANA products, offers and news. We will only send them to you if you have chosen to receive emails from KAKTANA or related brands. In case you no longer wish to receive it or if you want to modify your personal information or if it is deleted from our database, please refer to article 18.3 "Delete or modify your personal information" below.
- To analyze visits to the Site and to inform us of the interests and needs of our visitors, so that we can improve our products and services and offer them the type of content, articles and promotions that interest them most.
The information you voluntarily provide us concerns a valid e-mail address. The information automatically collected by the site is your IP address (address of your computer), to the exclusion of any other. You are informed that the site may implement an automatic tracking process (cookie), which you can prevent by modifying the relevant settings of your web browser.
The data is stored at the site's host identified in the legal notices.
8.3 DELETE OR MODIFY YOUR PERSONAL INFORMATION
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify, modify and delete any personal data you have provided us with.
You can exercise this right by sending us an email at firstname.lastname@example.org or by post at : KAKTANA 7 allée Eugène Delacroix, 78590 Noisy le Roi.
9. USER OBLIGATIONS
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:
9.1 The User undertakes, in his use of the Site, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, he is solely responsible for the proper performance of all formalities, in particular administrative, fiscal and/or social formalities and all payments of contributions, taxes or levies of any kind incumbent on him, where applicable, in connection with his use of the Site. KAKTANA cannot be held liable in any way for this.
9.2 The User acknowledges that he/she has read on the site the characteristics and constraints, in particular technical constraints, of the entire Site. He is solely responsible for his use of the Site.
9.3 The User is informed and accepts that the implementation of the Site and Services requires that it be connected to the Internet and that the quality of the Site and Services depends directly on this connection, for which he/she is solely responsible.
9.4 The User is also solely responsible for the relationships he may establish with other Users and for the information he communicates to them in the context of the Services. It is the responsibility of the Board to exercise appropriate caution and discernment in these relationships and communications. In addition, the User undertakes, in his exchanges with other Users, to respect the usual rules of courtesy and politeness.
9.5 The User undertakes to provide KAKTANA with all the information necessary for the proper performance of the Site and Services. More generally, the User undertakes to cooperate actively with KAKTANA in order to ensure the proper execution of the present contract.
9.6 The User acknowledges that the Services offer him an additional but not alternative solution to the means he already uses to achieve the same objective and that this solution cannot replace these other means.
10. USER WARRANTY
The User guarantees KAKTANA against any complaints, claims, actions and/or claims whatsoever that KAKTANA may suffer as a result of the User's breach of any of its obligations or warranties under these terms and conditions.
He undertakes to compensate KAKTANA for any prejudice it may suffer and to pay it all costs, charges and/or sentences it may have to bear as a result.
11. PROHIBITED CONDUCT
11.1 It is strictly prohibited to use the Site or Services for the following purposes:
11.2 Users are strictly prohibited from copying and/or diverting the concept, technologies and other elements of the Site for their own purposes or those of third parties.
11.3 The following are also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services; (ii) any intrusions or attempted intrusions into KAKTANA's systems; (iii) any diversion of KAKTANA's system resources; (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to affect the financial, commercial or moral rights and interests of KAKTANA or the users of its site. And finally, more generally (vii) any breach of these general conditions.
11.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the site, as well as to the information hosted and/or shared therein.
12. SANCTIONS FOR BREACHES
In the event of a breach of any of the provisions of these general terms and conditions or, more generally, of a breach of the laws and regulations in force by a User, KAKTANA reserves the right to take any appropriate action and in particular to :
13. KAKTANA'S RESPONSIBILITY AND WARRANTY
13.1 KAKTANA undertakes to provide the services diligently and in accordance with the rules of the art, it being specified that it is under an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
13.2 KAKTANA undertakes to carry out regular checks to verify the functioning and accessibility of the site. As such, KAKTANA reserves the right to temporarily interrupt access to the site for maintenance purposes. Similarly, KAKTANA cannot be held responsible for any temporary difficulties or impossibilities of access to the Site that may arise from circumstances outside its control (see Article 14), or that may be due to disruptions in the telecommunications networks.
13.3 KAKTANA does not guarantee to Users (i) that the Services, subject to constant research to improve their performance and progress, will be totally free of errors, defects or defects, (ii) that the Services, being standard and in no way offered solely to a given User according to his own personal constraints, will specifically meet his needs and expectations.
13.4 In any event, the liability that KAKTANA may incur hereunder is expressly limited to the direct damage proven to have been suffered by the User.
14. MAJOR STRENGTH
Any event beyond the control of the parties that is reasonably impossible to foresee and overcome will be considered a force majeure event. Thus, the Company may not be held liable for delays or breaches of its contractual obligations resulting from the occurrence of events beyond its control, such as: acts of the Prince, weather disruptions, absence or suspension of the supply of electricity, lightning or fire, decision of a competent administrative authority, war, public disturbances, acts or omissions on the part of other telecommunications operators, or other events beyond the Company's 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 grounds for exemption from all or part of the parties' obligations. Consequently, the Company cannot be held liable for any resulting service interruptions.
KAKTANA reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which KAKTANA shall be the sole judge.
16. LINKS AND THIRD PARTY SITES
KAKTANA cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the User may access through the website.
KAKTANA is also not responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to whom the User may be directed through the site and may under no circumstances be a party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, warranties, representations and other obligations of any kind to which these third parties are bound.
KAKTANA reserves the right to modify these general conditions at any time.
The User will be informed of these changes by any useful means.
The User who does not accept the modified General Conditions must not use the Site and the Services offered.
Any User who uses the Site and the Services offered after the entry into force of the amended general terms and conditions is deemed to have accepted these modifications.
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
19. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by French law.
For any disputes that may arise between the User and the company regarding the formation, interpretation and execution of these terms and conditions, the Parties undertake to submit their dispute, prior to any legal proceedings, to conciliators, each of the Parties appointing one, except in the event that they agree on the choice of a single conciliator. This appointment must be made no later than fifteen (15) days after the dispute arises. The two conciliators will appoint a third conciliator.
Such conciliator(s) shall endeavour to settle the difficulties submitted to them and to have the Parties accept an amicable solution within a maximum period of three (3) months from their appointment. The costs and fees relating to the conciliation procedure shall be borne by each Party in respect of the conciliator appointed by it and by both Parties, in equal shares, in respect of the sole conciliator or the third conciliator.
In the absence of conciliation, the parties agree that the Paris courts shall have exclusive jurisdiction to rule on the matter, unless otherwise required by mandatory procedural rules.