Terms of Service

1. About KIVI

KIVI provides software that lets you create and manage a self-custodial crypto wallet, view market information, swap digital assets through third-party protocols, trade USDT and USDC peer-to-peer through smart contracts, and apply for a payment card issued by a licensed third-party issuer.

KIVI is a technology provider. Unless expressly stated otherwise, KIVI is not a bank, money transmitter, exchange, broker, custodian, investment adviser or card issuer, and it does not hold, control or transfer your digital assets or fiat money on your behalf.

2. Eligibility

To use the Services you must:

• be at least 18 years old and have full legal capacity to enter into these Terms;
• not be located in, organized in or ordinarily resident in any country or territory subject to comprehensive sanctions, or in any jurisdiction where use of the Services is prohibited or requires a licence we do not hold;
• not be listed on, or owned or controlled by anyone listed on, any sanctions list maintained by the United Nations, the United States, the European Union, the United Kingdom or any other applicable authority;
• not have been previously suspended or removed from the Services; and
• use the Services only for yourself and not on behalf of any other person, unless we have agreed otherwise in writing.

Some features, including the KIVI Card, are available only in supported regions and may have additional requirements. We may change the list of supported regions at any time.

3. Your account

You sign in with an email address and a one-time verification code, or with a passkey (Face ID, Touch ID or a similar device credential) that you have set up. You must provide accurate information and keep it up to date.

You also set a 6-digit payment PIN that protects sensitive actions such as sending funds and unlocking your wallet. Repeated incorrect PIN entries will temporarily lock these actions.

You are responsible for keeping your email account, devices, PIN, passkeys and recovery phrase secure, and for all activity that occurs under your account. Notify us immediately at official@kivicard.com if you suspect unauthorized access. We will never ask for your recovery phrase, private keys or PIN.

4. Self-custodial wallet

The KIVI wallet is self-custodial. Your recovery phrase and private keys are generated on your device and are encrypted and stored on that device. They are never sent to KIVI in readable form. This means:

• only you control the assets in your wallet, and only you can authorize transactions from it;
• KIVI cannot access, freeze, move, reverse or recover your assets, and cannot reset or recover your recovery phrase or private keys;
• if you lose your recovery phrase and every device or passkey that can unlock your wallet, you will permanently lose access to your assets, and KIVI will not be able to help you; and
• clearing your browser data, uninstalling the app or resetting your device may delete the wallet stored on it.

Write down your recovery phrase and keep it offline in a safe place. Anyone who obtains it can take your assets.

Transactions are broadcast to public blockchains that KIVI does not own or control. Blockchain transactions are irreversible once confirmed. You are solely responsible for checking the recipient address, network, asset and amount before you confirm. Assets sent to the wrong address or over an unsupported network may be lost permanently.

Every transaction requires a network fee (gas) paid to the blockchain network, not to KIVI. Fees are estimated before you confirm, but the final fee is determined by the network.

Balances, prices and transaction histories are read from public blockchain nodes and third-party data providers and may be delayed, incomplete or inaccurate. The blockchain itself is the authoritative record.

KIVI decides which blockchains and assets the app supports and may add or remove support at any time. We are not obliged to support forks, airdrops, token migrations or other network events.

5. Face ID login and encrypted wallet backup

If you turn on Face ID, the app creates a passkey that is stored on your device or in your platform account (such as Apple iCloud Keychain). Biometric matching is performed by your device. KIVI never receives your face, fingerprint or other biometric data, only the passkey's public key.

Where your device supports it, the app also creates an encrypted backup of your recovery phrase. The backup is encrypted on your device with a key derived from your passkey, and KIVI stores only the encrypted copy, which we cannot decrypt.

The backup is a convenience feature and does not replace writing down your recovery phrase. Restoring from the backup requires access to the same passkey, your PIN and a network connection. If you turn off Face ID or delete your account, the backup is deleted from our servers. Passkeys saved in your platform account must be removed through that platform's settings.

6. Market data and swaps

Prices, charts and other market information are provided by third parties for general information only. They may be delayed or inaccurate and do not constitute an offer, solicitation or recommendation to buy or sell any asset.

Swaps, including cross-chain swaps, are quoted and routed by independent third-party aggregators, decentralized exchanges and bridges (currently including LI.FI). KIVI does not act as your counterparty, does not execute trades on your behalf and never takes custody of the assets being swapped. Each swap is a transaction you sign from your own wallet.

Quotes are estimates. The amount you receive may differ because of price movements, slippage, liquidity, network fees and protocol fees. A swap may require you to approve a token contract to spend your tokens. Cross-chain swaps depend on bridges and may be delayed or fail, and funds may be temporarily or permanently lost if a third-party protocol is exploited or malfunctions.

Any fee charged by KIVI or the routing provider is shown before you confirm.

7. P2P trading

KIVI's P2P feature lets sellers offer USDT or USDC for sale and lets buyers purchase it, paying in fiat currency directly to the seller. KIVI provides the software and the smart contracts. KIVI is not a party to any trade, does not set prices and never receives, holds or transmits fiat money.

• Sellers deposit tokens from their own wallets into a KIVI smart contract and set their price premium, order limits and accepted payment methods. Unmatched tokens can be withdrawn at any time.
• When a buyer takes an order, the contract locks the corresponding amount. The buyer must pay the exact amount to the seller's stated account within the payment window, using an account in the buyer's own name, and mark the order as paid.
• The seller must check that the payment has been received in full before confirming. Confirmation releases the tokens from the contract to the buyer and cannot be undone.
• If the buyer does not mark the order as paid within the payment window, the order is cancelled and the lock is released.
• Either party may open a dispute. During a dispute the order is frozen. KIVI or an appointed arbitrator will review the evidence provided, including order chat messages and payment receipts, and may instruct the contract to release the tokens to the buyer or return them to the seller. That decision is final as far as the smart contract is concerned.

You must not use third-party payments, reverse or charge back a completed payment, provide false payment evidence or use P2P trading to launder money or evade controls. You are solely responsible for complying with the payment provider's terms and with laws that apply to you, including foreign exchange and tax rules. KIVI may restrict or block P2P access for users who breach these rules.

8. KIVI Card

The KIVI Card is issued by a licensed third-party issuer under a licence from the card network. Your use of the card is governed by the issuer's cardholder agreement, which you must accept when you apply, in addition to these Terms. If the two conflict as to the card, the cardholder agreement prevails.

• You must complete identity verification before a card is issued. The issuer decides whether to issue a card and may decline, suspend or close a card at its discretion.
• Moving funds to your card is an on-chain transfer from your wallet to an address designated by the issuer. Once received, the card balance is held by the issuer, not by KIVI and not in your self-custodial wallet. Conversion rates and fees are shown before you confirm.
• The KIVI app displays your card balance and transactions as provided by the issuer and lets you manage card settings such as freezing. Card disputes and chargebacks are handled under the cardholder agreement.
• Card issuance, top-up, foreign transaction and other fees are shown in the app before they apply.

9. Identity verification and compliance

For some features, including the KIVI Card, we or our partners must verify your identity ("KYC") and may ask for your name, date of birth, address, government-issued ID, a selfie or liveness check and information about the source of your funds. Verification may be carried out by third-party providers on our behalf.

We and our partners may screen users, wallet addresses and transactions against sanctions lists and risk indicators, and may refuse, suspend or restrict access to the Services, or report activity to authorities, where we reasonably believe this is required by law or necessary to prevent fraud, money laundering, terrorist financing or other illegal activity.

10. Fees

KIVI may charge fees for certain features. Applicable fees are displayed in the app before you confirm the related action. Network fees, third-party protocol fees and issuer fees are separate from KIVI's fees. We may change our fees prospectively by updating them in the app.

11. Prohibited use

You agree not to:

• use the Services for any illegal purpose, including fraud, money laundering, terrorist financing, sanctions evasion or the purchase of illegal goods or services;
• use the Services on behalf of another person, or allow another person to use your account;
• provide false information or impersonate any person;
• interfere with, disrupt, overload or attempt to gain unauthorized access to the Services, our servers or other users' accounts;
• reverse engineer, scrape or copy the Services except as permitted by law or by an applicable open-source licence;
• use bots, scripts or other automated means to access the Services in a way that is not intended;
• harass, threaten or defraud other users, or send spam or unlawful content through chat; or
• use the Services in any way that could expose KIVI or its partners to legal or regulatory liability.

12. Risks

Using digital assets involves significant risks. By using the Services you acknowledge that:

• the price of digital assets is highly volatile and you may lose some or all of the value of your assets;
• stablecoins such as USDT and USDC may lose their peg, and their issuers may freeze tokens held at particular addresses;
• smart contracts, bridges and blockchains may contain bugs, be exploited or fail, and transactions may be delayed or not confirmed;
• laws and regulations relating to digital assets are evolving and may restrict or prohibit some or all of the Services;
• phishing, malware and social engineering attacks may target your device, email and recovery phrase; and
• digital assets are not legal tender and are generally not protected by deposit insurance or investor compensation schemes.

You are solely responsible for deciding whether to use the Services and for evaluating these risks. Nothing in the Services is financial, investment, legal or tax advice.

13. Third-party services

The Services rely on and link to third-party services, including blockchain networks, node providers, market data providers, swap aggregators, bridges, identity verification providers, card issuers and payment providers. KIVI does not control and is not responsible for third-party services, their availability or their content. Your use of them may be subject to their own terms and privacy policies.

14. Intellectual property

The Services, including all software, designs, text, graphics, logos and the KIVI name and marks, are owned by KIVI or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable licence to use the Services for your own non-commercial purposes. All rights not expressly granted are reserved.

If you send us feedback or suggestions, you allow us to use them without restriction or compensation to you.

15. Suspension and termination

You may stop using the Services at any time and may ask us to delete your account. Deleting your account does not affect assets in your self-custodial wallet, which you can continue to access with your recovery phrase in any compatible wallet.

We may suspend, restrict or terminate your access to all or part of the Services, with or without notice, if you breach these Terms, if required by law or a competent authority, if we suspect fraud or other illegal activity, or if we discontinue the Services. Because your wallet is self-custodial, suspension of your KIVI account does not prevent you from accessing your assets on the blockchain with your recovery phrase.

Sections that by their nature should survive termination, including Sections 4, 12 and 16 to 22, survive.

16. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation. We do not warrant that the Services, any smart contract or any third-party service will be secure, free of bugs or available at any particular time.

17. Limitation of liability

To the maximum extent permitted by law, KIVI and its affiliates, officers, employees, agents and partners will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or digital assets, arising out of or in connection with the Services or these Terms, however caused and even if advised of the possibility of such damages.

Without limiting the above, KIVI is not liable for losses resulting from: your loss of or failure to secure your recovery phrase, PIN, passkeys or devices; transactions you authorize, including those sent to a wrong address or network; the acts or omissions of other users or third-party services; blockchain, smart contract or bridge failures; price movements; or events beyond our reasonable control.

To the maximum extent permitted by law, KIVI's total aggregate liability arising out of or in connection with the Services or these Terms will not exceed the greater of (a) the fees you paid to KIVI in the 12 months before the event giving rise to the claim and (b) USD 100.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

18. Indemnity

You agree to indemnify and hold harmless KIVI and its affiliates, officers, employees and agents from any claims, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising out of your use of the Services, your breach of these Terms or your violation of any law or the rights of any third party.

19. Taxes

You are solely responsible for determining, reporting and paying any taxes that apply to your transactions. KIVI does not provide tax advice and is not responsible for withholding or reporting taxes on your behalf, except where required by law.

20. Changes to the Services and these Terms

We may change, suspend or discontinue any part of the Services at any time. We may update these Terms from time to time. If we make material changes, we will notify you in the app or by email before they take effect, unless the change is required by law sooner. Your continued use of the Services after the effective date means you accept the updated Terms.

21. Governing law and dispute resolution

These Terms and any dispute arising out of or in connection with them or the Services are governed by the laws of Singapore, without regard to its conflict of laws rules.

Before starting formal proceedings, you agree to contact us at official@kivicard.com and try to resolve the dispute informally for at least 30 days.

Any dispute that is not resolved informally shall be finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) under its Arbitration Rules in force at the time. The seat of arbitration is Singapore, the tribunal consists of one arbitrator and the language is English.

To the extent permitted by law, disputes will be resolved only on an individual basis. You waive any right to bring or participate in a class, collective or representative action against KIVI.

Nothing in this section prevents either party from seeking urgent injunctive relief from a competent court, or prevents you from relying on mandatory consumer protection laws of the country where you live.

22. General

• These Terms, together with the Privacy Policy and any feature-specific terms, are the entire agreement between you and KIVI regarding the Services.
• If any provision is found unenforceable, the rest of these Terms remain in effect.
• Our failure to enforce a provision is not a waiver of our right to do so later.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate.
• We are not liable for delays or failures caused by events beyond our reasonable control.
• These Terms may be provided in several languages. If there is any inconsistency, the English version prevails.

23. Contact

KIVI Global

Email: official@kivicard.com

Website: www.kivicard.com