These amended Terms and Conditions shall take effect on January 20nd, 2025.
Article 1 (Purpose)
The purpose of these Terms and Conditions (hereinafter, the “Terms and Conditions”) is to prescribe the rights, obligations and responsibilities of LINE NEXT INC (hereinafter, the “Company”) and its Members (as defined in Article 2), with respect to membership registration by service users and their use of the digital wallet service called Kaia wallet (hereinafter, the “Services”) provided by the Company through a browser extension program, Web, SDK, mobile app, etc.
Article 2 (Definition of Terms)
- “Services” refer to Kaia wallet, a digital wallet service based on blockchain technology that can be used irrespective of the terminal (including various wired and wireless devices such as PCs and portable terminals), and all services related thereto.
- “Smart Contracts” refer to bundles of codes written in a language that can be operated as a program on the Kaia blockchain platform.
- “BApp (Blockchain Application)” refers to a separate and independent service that is operated through Smart Contracts and a series of programs on the Kaia blockchain platform.
- "Dapp portal" refers to a platform that operates on the Kaia blockchain platform using smart contracts or LINE Messenger's programs and systems.
- "Mini Dapp" refers to an individual and independent service that operates on the Kaia blockchain platform using smart contracts or LINE Messenger's programs and systems.
- “Transactions” refer to individual transactions taking place on the Kaia blockchain platform, such as transfer of KAIA or Tokens, distribution and operation of Smart Contracts, and change of account status.
- “Digital Assets” refer to all data on the blockchain, including coins, tokens and cards, which act as a means for storage of value and medium of exchange through electronic means within the Services.
- “KAIA” refers to Digital Assets that can be used on the Kaia blockchain platform.
- “Tokens” refers to a form of Digital Assets issued on the Kaia blockchain platform through Smart Contracts.
- “Non-fungible Tokens (NFTs)” refer to blockchain-based non-fungible Digital Assets containing metadata regarding images, videos, music, books, etc. (hereinafter, “Images, etc.”) that are issued and grant specific rights regarding such Images, etc. to their owners.
- “Cards” refer to Digital Assets in the form of NFTs provided through the Services or BApp.
- “Kaia Compatible Tokens (KCTs”)” refer to convertible tokens that can be used on the Kaia blockchain platform.
- “Members” refer to individual users entering into a service agreement with the Company in accordance with these Terms and Conditions and using the Services provided by the Company.
- “Wallet” refers to a Service whereby Digital Assets linked to a Member’s account can be verified and stored, and Digital Assets can be exchanged through a Member’s account address.
- “Account Address” refers to a unique identification address that exists on the Kaia blockchain platform given to each account for recording changes in a Member’s Digital Assets in the Services.
- “Password” refers to an identification number consisting of a combination of letters and/or numbers over a certain length set by a Member which allows him/her to verify that he/she is the Member matching the account and Account Address.
- “Seed Phrase” refers to a unique combination of English words that is used in the process of recovering a Member’s account or creating an additional account.
- “Kaia Wallet Key” refers to a unique combination of letters and numbers used for the signing and approving of the transfer of KAIA and Tokens held by an Account Address.
Terms used in these Terms and Conditions, unless separately defined in the preceding Article, shall have the meanings ascribed to them in applicable laws and general business practices.
Article 3 (Enforceability and Amendment of the Terms and Conditions)
- The Company shall publish these Terms and Conditions on the Service launch screen so that it can easily be informed to Members.
- The Company may amend these Terms and Conditions within the scope permitted by applicable laws.
- In the event the Company amends these Terms and Conditions, it will make a notice of such amendment in accordance with above Paragraph 1 by reasonable means from seven (7) days to one (1) day before the enforcement date of the amended Terms and Conditions by providing both the existing and amended Terms and Conditions, and clearly stating the enforcement date (hereinafter, the “Enforcement Date”) and reasons for the amendment; provided, however, in the case where these Terms and Conditions are amended in such a way that may be disadvantageous to Members, the Company will make a notice with a grace period of at least thirty (30) days. In this case, the amendments shall be indicated in such a way that can easily be informed to Members.
- When a Member does not agree with the amended Terms and Conditions, he/she shall express such objection to the Company by one (1) day before the Enforcement Date, in which case the Company shall not apply the amended Terms and Conditions to such Member and he/she may terminate the Service Agreement; provided, however, the Company may terminate the Service Agreement if special circumstances make the existing Terms of Service inapplicable to the said Member.
Article 4 (Rules Other Than the Terms and Conditions)
Matters not stipulated herein and interpretation of these Terms and Conditions shall be determined by the Terms of Service Use separately set forth by the Company, applicable laws and general business practices.
Article 5 (Execution of the Service Agreement)
- The Service Agreement for the Services provided by the Company is executed when a person who wishes to become a Member (hereinafter, the “Applicant”) installs the Services, consents to these Terms and Conditions, and is provided with the Services.
- The Company may defer the approval of a membership application (e., defer the provision of the Services) when there is shortage of Service-related facilities, or technical or business-related problems.
- In the event that a membership application is deferred in accordance with above Paragraph 2, the Company notifies the Applicant in principle.
Article 6 (Obligations of Personal Information Protection)
When the Company collects Members’ personal information for providing the Services, it makes reasonable effort to protect their personal information in accordance with the relevant laws.
Article 7 (Obligations of Members Regarding the Management of Kaia Wallet Keys, Seed Phrases and Passwords)
- The obligation to store and manage a Member’s Kaia Wallet Key, Seed Phrase and Password is borne by the Member and he/she shall not allow a third person to use the same.
- When a Member becomes aware that his/her Kaia Wallet Key, Seed Phrase or Password has been stolen or is being used by a third person, the Member shall notify the Company immediately and follow the Company’s instructions.
- In the case of Paragraph 2, the Company shall not be liable for any damage incurred by the Member by not notifying the Company of the relevant facts or not following the Company’s instructions after notifying it.
Article 8 (Obligations of the Company)
- The Company makes its best efforts to comply with applicable laws and these Terms and Conditions, and to provide the Services in a continuous and stable manner.
- The Company has the necessary manpower and systems to properly handle Members’ complaints or damage relief requests that may arise in relation to Service use.
- In handling a Member’s opinion or request, the Company may communicate its process and result to the Member through email, etc.
Article 9 (Obligations of Members)
- Members shall not engage in any of the following acts:
- Registering false information when applying for an account or modifying account information;
- Using another person’s information illegally;
- Modifying information published by the Company;
- Transmitting or publishing information (computer programs, etc.) other than that allowed by the Company;
- Infringing intellectual property rights, etc., of the Company and other third parties;
- Tarnishing the reputation or disrupting the business of the Company and other third parties;
- Disclosing or publishing in the Services obscene or violent messages, videos, voices and other information in breach of social order or public morals;
- Using the Services for commercial purposes without the Company’s prior consent; and
- Other illegal or wrongful acts in violation of applicable laws.
- Members shall comply with applicable laws, these Terms and Conditions, Service use instructions and announcements or notices of the Company in relation to the Services, and shall not engage in acts that interfere with the Company’s business operations.
Article 10 (Provision of Services)
- The Company provides the following Services to Members:
- Creation of new Account Addresses;
- Verification of Digital Assets such as KAIA;
- Transmission of Digital Assets such as KAIA;
- Registration and removal of Tokens shown through the Services;
- Approval and signing of requests for various Transactions on BApp;
- Importing and exporting a Kaia Wallet Key;
- Transmission and management of Cards (in the case of mobile apps); and
- All services provided to Members through additional development by the Company or partnership agreements with other companies.
- The Services, in principle, are provided twenty-four (24) hours a day, all year round.
- You will have an account for Kaia Wallet with your SNS(Social Network Service) account when you sign in to register with Kaia Wallet by using Torus’s solution (https://tor.us/). Torus will create and save your private key. In case you create a Kaia Wallet account with your SNS account, the Torus login service will be automatically triggered when you login with your SNS account on your Kaia Wallet. SNS account information or any other related data will not be stored or managed by the Company. You confirm and consent to the fact that you will not have access to all cryptocurrency assets associated with Social network service (SNS) login information used for sign up and your wallet address and private key or private key access information if you do not store such information (i.e. your SNS login infrmation, private key, etc.) securely, and the Company shall not be liable whatsoever for any such loss or damage incurred by Member’s failure to store such information securely.
- In certain service provision environments, some features may be limited, or additional features may be available. In addition, in certain specific environments, the Kaia wallet may be displayed or referred to by a different name. For example, in the Dapp portal or Mini Dapp environments, SNS login (by using Torus) may be limited to LINE ID only. And, in the Dapp Portal environment, Kaia wallet may be displayed or referred to as “Mini Dapp Wallet” or simpy as “Wallet”, among other possible names.
Article 11 (Service Data Deletion Policy)
- In the event Services installed on a Member’s terminal are deleted or disabled, or a Member’s account information is deleted from the terminal, all data related to the Services are initialized, and Members who wish to use the Services again must reset the Services.
- Deleted or initialized data can only be recovered through Seed Phrases or recovery password, so Members shall exercise caution in storing their Seed Phrases and the Company shall not be responsible or liable for any of it.
Article 12 (Restriction on the Use of Digital Assets Based on Other Blockchain Platforms)
- The Services enable the transmission and storage of Digital Assets that can be used on the Kaia blockchain platform, and the use of the Services may be restricted for Digital Assets based on blockchain platforms other than Kaia. Members may use the Services, such as the transmission, storage, etc. of Digital Assets, provided that such Digital Assets are convertible to the Services provided by the Company.
- The Company is not liable in any manner for any Digital Assets based on blockchain platforms other than Kaia that are transmitted to Wallets provided by the Company due to a Member’s carelessness, in which case the Member shall not be able to make any claims whatsoever against the Company.
- The Company does not provide any guarantees regarding policies, etc. for the operation of KCTs and all responsibilities regarding KCTs are borne by third parties that issue and operate KCTs. KCTs provided in the Services may vary subject to the policies, contracts, scope of support, operational policies, etc. of third parties. For details, please refer to the policies of relevant third parties.
Article 13 (Modification and Suspension of Services)
- The Company may modify or suspend the Services, in part or in whole, for any one of the following operational or technical reasons related to the Services:
- In the event that there has been or may potentially be an illegal or inappropriate activity in relation to the Services;
- In the event of maintenance inspection of information and communication facilities such as computers, equipment replacement and failure, or communication interruption;
- In the event of unavoidable circumstances such as maintenance and repair of Service-related facilities;
- In the event of an interruption upon normal Service provision due to power outage, equipment failure, excessive traffic, etc.;
- In the event of widespread network failure at national or regional level; and
- In the event where the Services cannot be provided due to natural disasters or other force majeure events equivalent thereto.
- In the event that the Company determines in its sole discretion that it is no longer able to provide the Services due to changes in laws, regulations or regulatory bodies’ positions of applicable jurisdiction with respect to the Services.
- In the event of any suspension or modification regarding the contents, method/time of use, etc. of the Services, the Company shall notify Members in advance of the reasons for such suspension/modification, suspension period, description and date of the Services being modified, etc. by publishing a notice on the App Store where the Services are provided or by other reasonable means; provided, however, the Company may notify Members after the suspension or modification in inevitable circumstances.
- The Company may modify or suspend all or part of its complimentary Services in accordance with its policy or operational needs, and shall not provide any compensation whatsoever to Members unless required by special provisions of the law or a Member’s Wallet or Account Address is lost or deleted due to the Company’s intent or negligence.
Article 14 (Termination, Cancellation, Etc. of Contract)
- Members may terminate the Service Agreement with the Company at any given time by deleting the Services.
- The Company may terminate the Service Agreement in any one of the following cases:
- When a Member acts in violation of these Terms and Conditions;
- When a Member acts in violation of applicable laws, such as providing illegal programs, obstructing Service operation, engaging in illegal communication, hacking, distributing malicious programs, exceeding access rights; and
- When a Member obstructs smooth operation of the Services or makes such an attempt.
- When the Service Agreement is terminated in accordance with this Article, all benefits obtained by the Member through Service use shall expire and the Company provides no separate compensation for such expired benefits.
- The Company does not separately store, manage or save Kaia Wallet Keys. Therefore, Members shall exercise caution in the backup and management of Kaia Wallet Keys before removing the Services.
- When the Company terminates the Service Agreement in accordance with Paragraph 3, the Company may store a Member’s information for a certain period of time for purposes such as receiving and handling his/her objections.
Article 15 (Limitation of Liability)
- In the event the Company is unable to provide the Services due to natural disasters, changes in laws, court or government orders, or other force majeure events equivalent thereto, the Company shall be exempt from liability in relation to the provision of Services. The above event shall include the event when the Company determines in its sole discretion that it is no longer able to provide the Services due to changes in laws, regulations, or positions regulatory bodies of the applicable jurisdiction with respect to the Services.
- The Company shall not be liable for obstructions in Service use due to causes attributable to Members unless such obstructions are caused by the Company’s intent or gross negligence.
- The Company bears no liability in relation to the reliability, accuracy, etc. of information, data and facts published by Members regarding the Services.
- The Company shall be exempt from liability in the case of transactions, etc. between Members or between a Member and a third party using the Services as a medium.
- The Company shall bear no liability in relation to complimentary Services unless required by special provisions of the law or the Company is liable due to its intent or gross negligence.
- The Company shall not be liable for any damages caused by failure of the Kaia blockchain platform unless such damages are caused by the Company’s intent or gross negligence.
- The Company only provides the functions of storing and transmitting Digital Assets through the Services and has no obligation to manage the Members’ Digital Assets themselves. All liabilities in relation to the management of Accounts and Digital Assets including the storage of Kaia Wallet Keys Seed Phrases, etc., and the prevention of theft and loss thereof are borne by the Members, and the Company shall bear no liability whatsoever.
- Members shall be liable for the accuracy of addresses provided by third parties within the Services and the Company shall bear no liability whatsoever in relation to signatures and transmissions made to addresses inaccurately provided by Members.
Article 16 (Compensation for Damages)
- The Company makes no representations or warranties of any kind within the limits permitted by law regarding any specific matters in relation to the Services that are not stipulated in these Terms and Conditions. In addition, the Company provides no warranty for the value of any Digital Asset. The Company provides no warranty regarding the reliability, accuracy, etc. of the information, data or facts published by Members in the Services and bears no liability for any damages incurred by Members therefrom, unless such damages are caused by the Company’s intent or negligence.
- In the case where damages are incurred by Members due to causes attributable to the Company, it shall in principle compensate for such damages within the scope of ordinary damages as stipulated by the applicable laws. and damages caused by special circumstances are included in the scope of compensation only when the Company knew or could have known such circumstances.
- Notwithstanding Paragraph 2, Members may fully or partially be liable in any one of the following cases:
- When a Member fails to notify the Company despite knowing the cause of damages or the occurrence thereof;
- When a Member leaks account or transaction information related to Wallets or has a third party use the same by intent or negligence; and
- In other cases where a Member’s intent or negligence causes damages.
- The Company shall not be liable for any compensation in relation to any damages incurred by Members unless such damages are caused by the Company’s intent or negligence. The above indemnification shall also apply if the Company determines in its sole discretion that it is no longer able to provide the Services due to changes in laws, regulations, or regulatory bodies’ positions of applicable jurisdiction with respect to the Services.
- In the event that information provided by a Member to the Company is different from facts, the Company may at any time suspend the provision of the Services and terminate the whole or part of the Service Agreement in accordance with these Terms and Conditions, and if any damages are incurred by the Company in the process, the Company may claim compensation from the Member.
- In the event that a Member causes damage to the Company by intent or negligence, such as interrupting the operations of the Company’s systems or other acts that violate the laws, these Terms and Conditions and public policy, the Member shall compensate for all damages incurred by the Company.
- In the event that a Member claims compensation from the Company, the Company may compensate the Member for damages by paying Digital Assets to his/her Wallet by mutual agreement.
Article 17 (Intellectual Property Rights)
All intellectual property rights in relation to the Company’s Services shall belong to the Company. Members are entitled only to the use of the Services within the scope of the purposes for Service use in accordance with the methods set forth by the Company in these Terms and Conditions, etc., and under no circumstances shall have the right to modify, register or cancel intellectual property rights owned by the Company or the right to use the intellectual property rights of the Company for purposes and methods different from those set forth in these Terms and Conditions.
Article 17-2 (Transfer of Rights and Obligations)
The Company may transfer all of its contractual status, rights and obligations under these Terms and Conditions (including individual terms and conditions) to other persons through a business transfer, merger, division, divisional merger and asset transfer. The Company (or the transferee) may ask Members accessing the Services for the first time after the conclusion of the transfer, whether they consent to the transfer of the Company’s contractual position, etc. by appropriate means, such as a pop-up message, and may provide the Services only to those Members who have given their consent.
Article 18 (Governing Law and Jurisdiction)
This Agreement, and any claim or dispute arising out of or in connection with the subject matter of this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws (except to the extent governed by U.S. federal law).
You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located in the County of Santa Clara within the State of California to determine any dispute or claim arising out of or in connection with the Services or this Agreement or their subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual dispute or claim). YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR RELATING TO THE SERVICES. Nevertheless, if such exclusive jurisdiction is not allowed pursuant to the laws of your country of residence, the laws of such country of residence shall prevail to the extent so required.
You agree that regardless of any statute, regulation or law to the contrary, to the maximum extent permitted under Applicable Law, any claim or cause of action that you bring arising out of or related to your use of Kaia wallet or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Supplementary Provisions
These Terms and Conditions shall take effect on January 20nd, 2025.