- Customer LocationContracting EntityJurisdictionRegistered Address
- EEAKasta CCSH Ltd.Bulgaria12 "Tsar Ivan Asen II" Str, Sredets District, Sofia City, Bulgaria
- EEAKasta CCHS Italy S.R.L.ItalyTorino (TO) Corso Francesco Ferrucci 112 CAP 10138
- Rest of the WorldKasta CCHS LimitedSeychellesHouse of Francis, Room 303, Ile Du Port, Mahe, Seychelles
For the purposes of these Terms, the following words which have their initial letter capitalized shall have the meaning as defined in the present section or in the text below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural:
Account means an account created for a User on the Kasta App or Ka App which allows them to access the Services.
Blockchain Address means a unique identifier that serves as a virtual location where Digital Assets can be stored or sent.
Digital Asset means digital assets such as coins or tokens which exist digitally or virtually and for which records are verified and maintained using cryptography.
Card means a physical or virtual debit card (as applicable), issued by Cash Partner in accordance with Cash Partner’s license from VISA and branded with the name of the Kasta App or Ka App. You will be able to use your Card to purchase goods and services in stores (for physical Cards) and/or online where VISA is accepted. These Terms and Conditions and Cash Partner's Terms and Conditions are applicable to your order and use of your Card.
Cash means currency regulated by the European Central Bank, or other central national banks and regulatory authorities. Examples of Cash currency include the Euro, Bulgarian lev or the British pound.
Cash Account means an account which allows you to hold and transfer Cash and use Cash Service as described below. Kasta is using third party services to provide these Services, therefore, You may be required to pass a KYC and accept terms and conditions of a third party service provider. Cash Partner means any third party service provider, with which Kasta may collaborate with to provide Cash Services.
Kasta Account means an account which allows you to hold and transfer Digital Assets and use Digital Asset Service as described below. Kasta may use third party Service providers to deliver some of these services, therefore, You may be required to pass additional KYC and accept the terms and conditions of a third party service provider to access these services.
Cash Services means depositing Cash to your Cash Account; using Cash on your Cash account to buy cryptocurrencies; selling cryptocurrencies for Cash; withdrawing Cash from your Cash account.
Interest means the amount of the reward that is based on the amount of tokens the User has staked or locked up. Kasta will determine the annual interest percent (Interest) on the Staked or locked Tokens and this Interest will be made visible on the Website and/or Kasta App or Ka App.
Kasta App or Ka App means Kasta website, the official Kasta application available at Google Play Store, Apple App Store, or any other official source used to provide the Kasta Services.
Kasta Tokens means the native token issued by Kasta’s affiliat.
KYC Definition is Know Your Client / Customer and is a process aimed at identifying the client or customer and the origin of their funds in accordance with European Union and other relevant national legislation may have a similar process.
Locking Staking has the meaning set forth in clause 8.2 (d).
Order means an instruction to the Kasta App by a User in relation to the Services. Services or Kasta Services means present and future services provided to Users by Kasta offered via the Kasta App or Website.
Spread means the difference between the current market price for that asset and the price you buy or sell that asset when you buy or sell cryptocurrency or Cash. Kasta includes a Spread in the price when you buy or sell cryptocurrencies or in the exchange rate when you convert cryptocurrencies or Cash. Staking Program has the meaning set forth in clause 8.
Supplementary Terms means the Privacy Policies, Staking Program Rules, Fees, and any other present or future terms and conditions that apply to the Services.
Third-Party Services means any services operated by third parties and/or independently-operated platforms, websites and clients within those systems.
Tiers has the meaning set forth in clause 8.2.
Transaction means an executed Order.
User means a natural person who accesses or downloads the Kasta App and successfully passes the KYC or uses Kasta Services.
Website means the web page(s) accessible at https://www.kasta.io
2. GENERAL PROVISIONS
- These Terms constitute a legal agreement and create a binding contract between you and the Company. The Supplementary Terms are an integral part of these Terms and shall have the same legal and binding effect upon you. When opening a Cash Account to use Cash Services, provided by Cash Partner, you accept the Cash Partner’s terms and conditions regarding the use of the Cash Partner's Services and, if applicable, any related services provided by the Cash Partner.
- Kasta reserves the right to amend or modify these Terms at its discretion at any time. Kasta will notify Users of such changes by updating the Terms on the Website and / or the Kasta App and modify the date displayed at the beginning of these Terms. Any and all modifications or amendments to these Terms will become effective upon publication on the Website and / or Kasta App. Your continued use of Kasta Services following such an amendment or modification is deemed as your acceptance of such modification/amendment, even if you may be required to reconfirm your acceptance. If you do not agree to the modification/amendment to these Terms, you must stop using Kasta Services immediately and close your Account. You are advised to frequently review these Terms to ensure your understanding and/or agreement with any changes or updates.
- You acknowledge that creating an Account, including holding of Kasta Tokens, does not give you any ownership, shareholding, and/or any kind of participation right whatsoever in the Company and/or their shareholders, affiliates, partners, or contractors.
- By accessing and using Kasta Services, you represent and warrant that you have not been included in any lists commonly used for anti-money laundering and financing of terrorism screening. These lists include but are not limited to the United Nations Security Council Sanctions list, European Union (EU) Consolidated list, EU Terrorism list, the list of Specially Designated Nationals maintained by the United States Department of the Treasury, or any other similar lists.
- You accept and agree that Kasta reserves the right to choose markets and jurisdictions to provide the Services and may restrict or refuse, in its own discretion, the provision of Kasta Services in certain countries or regions.
- The language of these Terms and Conditions is English and all communications will be conducted in English unless otherwise stated in these Terms and Conditions.
3. ACCURACY OF THE INFORMATION PROVIDED THROUGH KASTA SERVICES
- Kasta cannot and does not guarantee the accuracy of the information provided through Kasta Services, its applicability, reliability, integrity, performance or appropriateness and Kasta is not and shall not be liable for any loss or damage that may be caused directly or indirectly by your use of these contents and information.
- Information provided by Kasta may change without notice, and is intended to help Users make independent decisions. Information provided by Kasta is not intended to serve as investment, financial, legal or consulting advice. Kasta does not provide investment, financial, legal or consulting advice of any kind, and is not responsible for the use or interpretation of information on Kasta or any other communication medium.
4. REGISTRATION AND GENERAL REQUIREMENTS
Opening an Account with Kasta requires the User to meet the eligibility requirements, complete the registration process, and pass the KYC. Kasta reserves the right to update or change the eligibility requirements at its discretion and without notice. Account registration and use of the Kasta Services is subject to the following general requirements of Account usage and Account security and responsibility.
Users must register for and have an Account opened by Kasta before using the Kasta Services. When you register for an Account, you must provide all necessary information, documents, consents and data. You agree and undertake to provide complete and accurate information when opening an Account, and agree and undertake to timely update any information you provide to Kasta to maintain the integrity and accuracy of the information. Without explicit written approval from Kasta, each individual User may maintain only one main Account at any given time.
Kasta may refuse, in its sole discretion, to open an Account for a User without having to justify or explain such a refusal.
By registering to use an Account, you represent and warrant that (a) as an individual, you are at least eighteen (18) year old; (b) as an individual, you have full legal capacity and sufficient authorizations to enter into these Terms and the Supplementary Terms; (c) you have not been previously suspended or removed from using Kasta Services; (d) you do not currently have an Account; (e) you are not residing, located in or a national of a high-risk included in Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies and/or jurisdictions under increased monitoring by the Financial Action Task Force or you are not residing, located in or a national of including, but not limited to, Belarus, China, Cuba, Democratic Republic of Congo, Russian Federation, United States of America; (f) you are not located in, or a national or resident of, a country whose laws prohibit the use of the Services.; (g) you do not act on behalf and/or for the account of such a User as described in (c-f); (h) your ongoing use of Kasta Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing;(i) you will utilise the Account for you personal use and for legal purposes only.
Kasta reserves the right to change, modify or impose additional restrictions at its discretion at any time.
Please note that some Services may not be available in certain jurisdictions or regions or to certain Users.
You warrant and declare that the information provided by you upon and after the registration of your Account is true, complete, up-to-date, accurate and not misleading and will be timely updated if there is a change. Kasta reserves the right to require additional information or terminate your access to all or part of the Kasta Services. If Kasta is unable to reach you through the contact information you provided, you shall be fully liable for any loss or expense caused to Kasta during your use of the Services. You acknowledge that Kasta may at any time request further KYC Information to ensure continued compliance with applicable legislation. Your continuing use of the Account is strictly dependent upon your provision and Kasta’s verification of any KYC Information requested. Kasta reserves the right to suspend your Account or freeze any funds, or to terminate the Agreement and close your Account at any time if you do not provide satisfactory KYC Information upon request.
Depending on the outcome of the onboarding process, Kasta may, in its sole discretion, approve or reject your application. If your application is rejected, for any reason, such a decision will be communicated to you and your Account is deemed terminated with immediate effect.
d) AML and CFT measures
Kasta is following the FATF global recommendations, EU Directives and relevant national legislation on measures on anti-money laundering (AML) and countering the financing of terrorism (CFT), to conduct KYC, as well as a comprehensive inspection of Users by collecting and preparing documents, and performing risk assessments. In case of suspicion of money laundering Users information may be disclosed to competent state authorities.
Kasta may request additional information about Users including but not limited to the source of funds or source of wealth if necessary. For example, if a single Order is equal to or exceeding fifteen thousand (15,000) EUR, Users may be asked to provide additional information including but not limited to the origin of their funds and/or asked to sign a specific declaration in this respect.
e) Account Security and Responsibility
A Users Account can only be accessed by the individual who completed the Account registration. You agree and undertake to treat your access credentials (such as username, password, and two factor authentication) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Account and Personal Data. Kasta reserves the right to suspend, freeze or cancel the use of the Accounts by persons other than the Account registrant.
You are responsible for all Transactions under your Account. Kasta assumes no liability for any loss or consequences caused by unauthorized use of your Account including Orders or Transactions, use of your Account credentials, including but not limited to accidental or deliberate information disclosure, information release, consent or submission of various rules and agreements by clicking on the Website or within the Kasta App, or any other unauthorized actions under your Account.
If you suspect or become aware of any unauthorized use of your Account and/or username and password, you should notify Kasta immediately.
You understand and agree that your $katag can be linked to your full name, therefore, your full name can be visible to other users of Kasta App. This way Kasta App aims to avoid users of Kasta App sending funds to an incorrect recipient.
Whilst measures are undertaken to protect your Account please note that you are responsible for ensuring that:
- your Account and your credentials, your Card, all details of your Card (such as card number, expiration date and 3-digit security code), ordinary and one-time passwords, means of communication used with Kasta and/or the Cash Partner for authentication purposes (“account credentials”) are kept safe and secure and that you do not keep account credentials or security details together with a Card or a device used to access the Partner Platform;
- you use a strong password, which you do not use for any other account or similar, which you update from time to time;
- you do not let any third party access or use the Account;
- only your own biometrics (Touch ID and/or Face ID) are registered on your mobile device;
- you immediately contact Customer Support if you suspect or experience that your Account (or any information thereof) is accessed or otherwise used by an unauthorised third party or if you suspect that any account credentials are at risk of or are being used or otherwise possessed by an unauthorised third party;
- you immediately contact Customer Support if your Card is lost, stolen or gets otherwise out of your possession or control or if the details of your Card might have been used without authorisation;
- you ensure that all information (including but not limited to your contact details and address) relating to the Account is up-to-date and that you inform the Customer Support without undue delay of any change; and
- you always follow the rules and recommendations regarding the security of your Account.
5. KASTA SERVICES
Upon completion of the registration and identity verification for your Account you may access Kasta Services. Kasta reserves the right to modify, limit use, or terminate, in its discretion, any Kasta Services.
6. GENERAL GUIDELINES
- Your right to access and use Kasta Services through your devices is a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sub licensable license and is subject to your full compliance with the present Terms.
- The usage of the Services for resale or commercial purposes, including Transactions on behalf of other persons or entities, or in any way not expressly authorized by these Terms is prohibited.
- You hereby agree and accept that your use of the Services does not constitute or transfer to you or to anyone else ownership rights of the Services or the ownership of any Kasta intellectual property. All the text, graphics, user interfaces, visual interface, photos,sounds, process flow diagrams, computer code (including HTML code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content provided through Kasta Services, are exclusively owned, controlled and/or licensed by the Company or by its parent companies, licensors or affiliates.
- The Company is the sole owner of the Website, Kasta App, and Services, which includes any software, domains, and content, graphics, logos, icons and service names. These are protected by the relevant copyright and other intellectual property laws, including those applicable to either registered or unregistered trademarks and trade dress without limitation. The Website, Kasta App, and Services and their content are and shall remain the property of the Company or any of Kastas’s affiliates, as the case may be, and are protected by copyright, trademark, patent, and/or other intellectual property, proprietary, work product rights and laws.
- Kasta owns any feedback, suggestions, proposals, ideas, or other information or materials (“Feedback”) about Kasta or the Services that you provide through email, Kasta Services, Kasta App, social media, the Website or in other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Kasta. You have no right to and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
- By accessing Kasta Services you agree and undertake to comply with the following provisions when you use Kasta Services:
- All your actions on the use of the Services shall comply with the requirements of applicable laws and regulations, these Terms, the Supplementary Terms, and various rules, policies, guidelines, instructions of Kasta;
- You undertake to observe related laws and regulation to ensure that all Digital Assets in your Accounts are legal and compliant in all relevant jurisdictions;
- Your use of the Services shall not violate public interests, public morals, or the legitimate interests of others, and you shall refrain from any actions that could interfere with, disrupt, negatively affect, or prohibit other Users from using the Services;
- You shall not use the Services for market manipulation. Such manipulation may include but is not limited to pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether such actions are prohibited by law;
- The following commercial uses of Kasta data are explicitly prohibited: (a) Trading services that make use of Kasta quotes or market bulletin board information; (b) Data feeding or streaming services that make use of any market data of Kasta; (c) any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Kasta;
- You may not copy, download, store, transmit, disseminate, transfer, disassemble, broadcast, publish, modify, replicate, duplicate, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties;
- You may not (a) use any deep linking, web crawlers, bots, spiders or other automatic, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of the Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through the Services; (b) access or attempt to access any part or function of the properties, or connect to Kasta Services or any Kasta servers or any other systems or networks of any Services by hacking, password mining or any other unlawful or prohibited means; (c) probe, scan or test the vulnerabilities of the Services or any network connected to the properties, or violate any security or authentication measures on Services or any network connected to the Services; (d) reverse look-up, track or seek to track any information of any other Users of the Services; (e) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Services or Kasta, or the infrastructure of any systems or networks connected to Kasta Services; (f) use any devices, software or routine programs to interfere with the normal operation of Kasta Services or any Transactions on the Services, or any other person’s use of Kasta Services; (g) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Kasta, or (h) use the Services in any way which violates applicable laws or regulations;
- You agree and accept that Kasta has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to: (a) blocking and closing Orders; (b) freezing or suspending your Account; (c) reporting the incident to the authorities; (d) publishing the alleged violations and actions that have been taken; (e) deleting any information you published that are considered to be violation of these Terms.
7. TRANSFER OF DIGITAL ASSETS
You may conduct a Digital Asset transfer (“Transfer Service”) in accordance with the provisions of these Terms, as follows:
- Each Order to transfer or request Digital Asset/s to/from another User (“Counterparty”) must complete all required fields with the necessary information for the Transfer Service to be performed. Users can not execute transfer Orders which exceed the available funds in the Users Account. Once the transfer Order is completed, your Account balance will be updated;
- An Order may be canceled only before it is executed. Once the Order has been executed you may not change, revoke or cancel the Order. Kasta reserves the right to reject all Order cancellation requests. Kasta is not responsible for transmission errors including but not limited to User orders to transfer to a wrong Counterparty;
- Digital Assets will be transferred to a Counterparty’s Account without any prior approval on their part;
- Kasta is entitled to deduct a commission fee for the performed Transfer Service in accordance with the Fees.
8. STAKING AND LOCKUP PROGRAM
- The Kasta Staking Program allows eligible Users who have Kasta Tokens in their Kasta Accounts to commit a number of tokens (“Staked Tokens”) for an amount of time (“Staking Period”) in exchange for rewards. Users can not trade Staked Tokens. Details of the Staking Program, including the duration of the Staking Period and rewards, will be indicated to the User before they commit their tokens. Kasta will release Kasta Tokens within twenty-four (24) hours of the end of the Staking Period or Users giving notice to Kasta that they wish to modify the amount of Kasta the tokens which they have staked.
- Participation in the Staking Program is in accordance with the provisions of these Terms, as follows:
- You acknowledge that Kasta does not provide a guarantee that you will receive a benefit or reward of any type in exchange for participation in the Staking Program.
- You acknowledge that Kasta has the right to modify or terminate the Staking Program (including Tiers and Locking Staking) at any time in its sole discretion.
- You acknowledge that Kasta has the right to make necessary adjustments to User Accounts including without limitation, freezing or closing Accounts and deducting Digital Assets from Users Accounts which violate the Staking Program rules (“Staking Program Rules”).
- The Staking Program presently has two options. Simple Staking: Users may be able to stake up to hundred (100) percent of their Kasta Tokens however the actual percentage will vary based on the Staking program Rules (including Tiers and Locking Staking) published on the Website and/or Kasta App. It should be noted that Kasta has the right to change these rules at its own discretion and at any time. The amount of the reward will be based on the amount of tokens the User has staked. Kasta will determine the annual interest (“Interest”) on the Staked Tokens and this Interest will be made visible on the Website and/or Kasta App. Locking: Users can also lock Kasta Tokens for a predetermined period of time. Kasta will announce the amount of minimum locking time on the Website and/or Kasta App. Users will have different benefits based on how many tokens they lock. These benefits will be described on the Website and/or Kasta App.
- There are two Staking Programs in the Kasta App or Ka App (i) Flexible Staking Program were the user can Stake their Kasta tokens with no look up period and (ii ) Lockup Program were the user can chose to lock up their Kasta Tokens for a fixed Lockup Time Period.
- The details of the Rewards, Fees, Lookup Time Period and Tiers for the Staking Programs are described on the Website and/or Kasta App.
9. SWAP AND CONVERT SERVICE
- The Swap Services (“Swap Services”) include swaps between Cash and Digital Assets and swaps between two Digital Assets and shall be provided in accordance with the provisions of these Terms, as follows:
- The Swap Services offered by Kasta is for the swap of value between Cash and Digital Assets or swaps of value between two Digital Assets. Kasta is using third party service providers to provide the Swap Services. The Swap Services allow each User to buy or sell Digital Assets against Cash or other Digital Assets at a rate calculated in real time at the time of the Transaction. Pricing, swap rates, and network fees depend entirely on the movement of the markets and network load, over which Kasta cannot exercise any control or influence. Apart from the network transmission fees and the market value of the respective Digital Asset, Kasta is entitled to deduct a commission fee for the performed Swap Services in accordance with the Fees;
- The Digital Assets which can be swapped through Kasta Аpp are solely at the discretion of Kasta and may vary from time to time;
- To buy or sell Digital Assets, the User must place an Order containing the required information on Kasta App. Submitting an Order via the Kasta App, authorizes Kasta to execute the Order and charge any applicable fees;
- Due to the high volatility of Digital Assets, the prices at the time of the Order may differ from the price at the time of the Transaction. For this reason, the Service offered by Kasta includes automatic recalculation at the current exchange rate at the time of the Transaction. Users receive an electronic confirmation of the recalculation of the price by accessing their Accounts;
- An Order may be canceled only before it is executed. Once the Order has been executed you may not change, revoke or cancel the Order. Kasta reserves the right to reject any cancellation request related to the Order you have submitted;
- You may withdraw Cash by transferring them to an external bank account, subject to the applicable policies and restrictions. Kasta is not responsible for any loss due to invalid bank account information;
- Kasta Services include an Easy Swap Engine Service which allows Users to customize automatic exchange of certain Digital Assets and Cash. Kasta reserves all rights to limit the quantities of Cash exchanged via the Easy Swap Engine and may, at its sole discretion, limit the use of this Service entirely;
- Users acknowledge that certain Cash services, including but not limited to Swap Services, may be provided as a Third-Party Service by third-party payment service providers (“Payment Service Providers”). Your relationship with the Payment Service Providers is a separate relationship, independent of the relationship between you and Kasta. Kasta makes no representation or warranty to you with respect to any services provided by a Payment Service Provider even though the User may access those services via the Kasta App or Kasta Services. Users assume all risks associated with accessing or using the services of Payment Service Providers.
- The details of the Terms and Fees for Swap Services are described on the Website and/or Kasta App.
10. CASH SERVICES
- Kasta is using a third party services provider to offer personal fiat accounts to our Users. This means that our Users will need to complete additional KYC and agree to their terms and conditions of service to access the service.
- We Kasta are cooperating with Intergiro Intl AB (publ) to offer you a personal account and VISA card and ensure that your money is kept in a safe manner. When opening an account with us, you also become a customer of Intergiro Intl AB (publ).
- To be able to use Cash Services, you may be required to pass an additional kyc conducted by a third party service provider. You understand and agree that third party service providers may contact you regarding your KYC.
- To be eligible for a Cash Account, you need to:
- be a private individual (not a company);
- at least eighteen (18) years of age;
- live within the European Economic Area; and
- be a customer of Kasta and have accepted these Terms and Conditions.
- Kasta Cash Account supports the currencies listed on the web site and Kasta App or Ka. App. All funds on the Cash Account will be shown in EURO (€).
- You can deposit euros in your Cash Account. and from this Cash account you can perform a number of transaction such as:
- SEPA transfers
- Visa Direct Original Credit Transaction functionality?.
- You may use your Ka. Card to purchase goods or services as long as there is sufficient funds to cover the transaction (including any fees and third party charges) on your Account. If there is insufficient funds in your Cash Account Transaction will be rejected.
- Kasta may block payouts from your Account or close your Account if there are insufficient funds to cover fees and charges and you do not add sufficient funds to your Account upon request. Kasta has the right to bring legal actions against you to recover any sums you owe. If Kasta incurs any costs taking any of these measures you may be charged for the reasonable costs.he details of the Terms and Fees for Swap Services are described on the Website and/or Ka App.
- The details of the Terms and limits for transaction limits are described on the Kasta Website and/or Ka App.
- To create a payment order you generally need to provide the following information:
- full name of the recipient;
- recipient’s account details;
- amount; and
- payment purpose.
- Upon creation of a payment order, you need to submit the payment order and authenticate yourself to Kasta for security reasons. Kasta will consider that you, by authenticating yourself, gave Kasta your consent and authorised (i) the execution of the Payout in accordance with the payment order you have created, and (ii) the debiting of any related fees.
- In order for the payment transaction to be executed, you need a sufficient balance (including any fees and charges) in your Wallet. It is not possible to overdraw the Account.
- You acknowledge that neither a payment order nor a Payout can be canceled or reversed once Kasta has received the payment order.
- Kasta may, in its sole discretion, reject a payment order if it would be in breach of the Agreement or any applicable legislation, or if Kasta suspects that the execution of the Payout would be prohibited, for example in breach of international sanctions.
- You, as the holder of the Account, are responsible to provide the correct account details to the recipient. This is important as neither payment orders nor Payouts can be cancelled or reversed.
- You may use your Card to purchase goods or services or, in case of a physical Card, to withdraw cash (“Card Transaction”). Please ensure that there is sufficient balance (including any fees and charges) on your Account, otherwise your Card Transaction will be rejected. It is not possible to overdraw the Account.
- Biometrics. You are responsible to keep your Account, including your card, safe. Whilst measures are undertaken to protect your Account please note that you are responsible for ensuring that: only your own biometrics (Touch ID and/or Face ID) are registered on your mobile device;
- You can freeze or terminate your account at any time in the Kasta App Ka App.
- If your Card is lost, stolen or is otherwise out of your possession or control (including if you suspect or learn that an unauthorised third party has access to or uses your Card or knows the details of your Card, such as card number, expiration date, and/or the 3-digit CVC number on the back of your Card) you must immediately freeze your Card. If you are unable for any reason to do it you must immediately contact Kasta Customer Support and report your Card as lost/stolen.
- Kasta may freeze your Card if there is a risk of non-secure use of the Card or if Kasta suspects that there has been an unauthorised use of your Card. You will always be notified in such circumstances. Kasta may subsequently decide (in its sole discretion) whether to reactivate your existing Card or replace it with a new Card.
- Kasta may reject any transaction, made to or from your Account, if Kasta believes that it is in breach of the Agreement or of any applicable legislation, rules or regulation.
- Your Account is a payment transaction account and not intended for savings. If your Account is inactive, meaning that no payment order has been created or any Transaction has been made, for a period longer than six (6) months, Intergiro has the right to terminate the Agreement with you and close your Account.
11. CUSTODIAN OF DIGITAL ASSETS
- Kasta maintains custody of all Digital Assets in Users Kasta Account through a Third-Party Service. The title to the Digital Assets shall at all times remain with Users and shall not be transferred to Kasta. Users are entirely responsible for the title to your Digital Assets and to ensure that the Digital Assets are held by you free and clear of any security interest or other lien or encumbrance. As the owner of the Digital Assets in your Kasta Account, you bear all risk of loss of such Digital Assets and for the avoidance of any doubt Kasta is not responsible for any losses of digital Assets in your Kasta Account or Cash Account.
- You acknowledge that third-party service providers are not under the control of Kasta and Kasta is not responsible for the quality of services provided by third parties. You further acknowledge and agree that if you access third-party services through Kasta, your use of those services may be subject to the additional terms and conditions of the applicable third-party service provider(s). You agree to comply with all applicable third-party terms and conditions when accessing information or sending instructions to third-party service providers through Kasta. Kasta is not a party to any agreement You may have with any third-party service providers and is not responsible for the products or services provided to you by any such third-party service providers. Kasta is not responsible in any manner for the actions (or inactions) of any third-party service provider with which you have an independent account relationship or with whom You have engaged to provide services in connection with its use of Kasta or otherwise.
- At any time, subject to the applicable policies and restrictions, you may withdraw your Digital Assets by transferring them to an external Blockchain Address. Kasta is not responsible for transmission errors including but not limited to, User orders a transfer to a wrong or invalid Blockchain Address, or if withdrawn Digital Assets does not reach a designated Blockchain Address.
- By depositing Digital Assets to your Kasta Account, you fully understand, consent and explicitly agree that Kasta can use your Digital Assets, as part of Third-Party Services.
- Kasta does not act as a custodian for User Cash, or other investment securities, securities and other financial instruments.
- For the use of your Account, you will be charged for fees and charges in accordance with the pricing information available in the Kasta CCHS Ltd. Cash Fees and other Fees stipulated with these Terms. You agree to pay Kasta the fees specified in connection with your use of the Kasta Services in accordance with the Terms , amended from time to time these Terms may include blockchain specific transmission fees, Kasta fees, and any other applicable fees. You authorize Kasta to deduct from your Account any applicable fees that you owe under these Terms.
- Kasta may, in its discretion, update or amend the Fees at any time without giving any advance notice thereof. Any updated or amended fees will apply to any sales or other Transactions that occur following the effective date of the updated Fee. Details of Kasta fees can be found on the Kasta website and Kasta App or Ka App.
- You shall keep a sufficient amount of funds on your account so that Kasta can debit the Account with all service fees and other sums and arrears payable. If there are insufficient funds on your Account to cover fees or charges, you need to add funds to your Account as soon as possible.
- Kasta shall withhold the fees and other sums payable in euros, upon the absence thereof, in other currency or cryptocurrency. Fees and other sums payable calculated in another currency shall be converted into euros on the basis of the exchange rate determined by Kasta.
- If you open a Cash Account, account opening fee, monthly fee and other fees related to the opening your Cash Account will be automatically deducted. If you do not have any funds in your Cash Account, Kasta will deduct funds from your Cryptocurrency Account. This may show as a negative balance on your account, until you deposit funds on your Cash Account.
13. CUSTOMER SERVICE
- The customer service support (“Customer Service”) may be provided by Kasta’s own agents or Third-Party Service agents. Kasta is not liable for any damage or loss caused by communications from a Third-Party Services and is not liable for any errors or omissions on their part. Kasta shall not be liable with respect to any other party, and no party should or may take any action or fail to take any action in detrimental reliance based on communications with Customer Service.
- Customer Service is intended entirely to provide Users with information only to assist. No communication with Customer Service, either Kasta or a Third-Party Service, shall be constructed as providing Users with legal rights or Kasta with obligations or liabilities. No communication shall be intended as an offer or acceptance of an offer. No communication shall be intended as consultancy. Customer Service representatives have no authority to enter into any contracts binding upon Kasta or to create any obligations on the part of Kasta.
- When you contact Kasta via our Website, KastaApp, email, or chat apps or any other communications from your desktop or mobile device you consent to receive communications from Kasta electronically, such as e-mails, texts, mobile notices. You agree that all agreements, notices, disclosures, and other communications that Kasta provides to you electronically satisfy any legal requirement that such communications be in writing.
- When communicating with our, or our Third-Party and Kasta service's, Customer Service representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If Kasta or the Third-Party Service feel's that your behaviour towards any of our Customer Service representatives or other employees is at any time threatening or offensive, Kasta reserves the right to immediately terminate your Account.
- Subject to any applicable regulatory limitations, Kasta may monitor live or previously recorded customer service communications to ensure quality and improve the Kasta Services.
1. Disclaimer of Warranties
To the maximum extent permitted under applicable law, Kasta Services and any product, service or other item provided by or on behalf of Kasta are offered on an “as is” and “as available” basis, and Kasta expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade.
Without limiting the foregoing, Kasta does not represent or warrant that the Website, Kasta App, or Kasta Services are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Kasta does not guarantee that any Order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in these Terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access to Kasta Services. Without limiting the foregoing, you hereby understand and agree that Kasta will not be liable for any losses or damages, including those involving the partial or complete loss of client funds, arising out of or relating to: (a) any inaccuracy, defect or omission of Digital assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by Kasta and Service interruption and change resulting from such maintenance, (e) any damages incurred by other Users’ actions, omissions or violation of these terms, (f) any damage caused by illegal actions of other third parties or actions non authorized by Kasta; (g) losses or damages caused by Third-party Service and (h) other exemptions mentioned in disclaimers.
You further acknowledge that the information stored by you or transferred through Kasta Services may become irretrievably lost or corrupted or temporary unavailable due to variety of causes, including but not limited to software failures, protocol changes by
third party providers, internet outages, force majeure events, third party attacks, regular or unforeseen maintenance, or other causes in or outside Kasta control. You are required and solely responsible for backing up any information you store or transfer through Kasta Services.
2. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Kasta, their affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of Kasta Services, any performance or non-performance of Kasta Services, or any other product, service or other item provided by or on behalf of Kasta and its affiliates, whether under contract, statute, strict liability or other theory even if Kasta has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of Kasta’s gross negligence, fraud, willful misconduct or intentional violation of law.
Notwithstanding the foregoing, the liability of the Company, their affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of Services offered by or on behalf of Kasta and its affiliates, any performance or non-performance of Kasta Services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, will be limited to the amount of the fees paid by you to Kasta under these terms in the six-month period immediately preceding the event giving rise to the claim for liability.
Kasta shall not be liable for any technical problems or damages caused by software, computer equipment, connection to the internet, negligent conduct of the User or third parties who have committed illegal acts, as well as due to unforeseen or extraordinary circumstances.
Kasta is not liable for any services provided by the Cash Partner or third party service provider to you through the partner platform or otherwise, and Kasta does not undertake any responsibility in relation thereto.
Kasta shall not be liable for actions performed on behalf and/or for the account of a User who has voluntarily provided their data for access to crypto wallet or Kasta App to third parties or has not taken the necessary care to ensure the security of its software, computer equipment or connection to the internet. Every User is advised to use passwords of high complexity, as to ensure their confidentiality.
Digital Assets are high risk assets. No part of the information provided on the Website or Kasta App is an investment recommendation and is provided only for information purposes. Kasta is not liable for losses incurred after purchase of Digital Assets.
In addition to the above and to the extent such limitation is permitted by law, Kasta will not be responsible:
- for any indirect, punitive or consequential damages or losses including but not limited to loss of profit, loss of data, loss of business, loss of goodwill and loss of reputation;
- for any damages, losses or costs in connection with or due to Kasta’s compliance with applicable laws, regulations, orders and decisions of courts or authorities or other regulatory requirements of payment systems, card payment systems or any other payment, clearing or settlement system;
- for any damages, losses or costs in connection with or due to any delays, interruptions, faults or inaccuracies relating to the Account;
- for any damages, losses or costs caused by a virus, malware, phishing or other technological attacks or harmful material that may infect your IT equipment and infrastructure being used for the Account;
- for any damages, losses or costs that arise in connection with or due to unauthorised transactions, other than as set out in these Terms;
- for any damages, losses or costs arising in connection with or due to Kasta’s decision (i) not to onboard you and open an Account for you), (ii) close your Account, or (iii) reject a Transaction;
- for any damages, losses or costs arising in connection with or due to (i) third-party financial institutions’ delays, errors, fees, costs or charges, (ii) a returned Transaction due to currency conversion results in a lower amount compared to the original transaction, (iii) you not providing accurate and correct payment details, including the beneficiary’s account details, (iv) you have not provided the necessary KYC information or only with delay, or if the KYC information you provided is not authentic, up-to-date, true or correct, (v) currency conversions relating to your Card, (vii) you contacting the Customer Support later than the deadline provided after you noticed an error in a Transaction, (viii) a returned Transaction, (ix) your failure to keep your Account safe, (x) you approving a Card Transaction that you do not know the exact amount of;
- for any acts or any fees charged by third parties, such as third party banks, for use of their facilities or services, or for the assessment or payment of any taxes, duties or other charges that arise from an underlying transaction; or
- for any fraudulent activities conducted by any third party contacting you posing to be representing for example Kasta or the Cash Partner, a well-known company or an acquaintance of a natural person related to you asking you to disclose your customer details such as password, logins etc or to initiate a Transaction. Neither Kasta nor the Partner requests that kind of information or undertakes any such action.
- You agree to indemnify and hold harmless the Company, their affiliates, contractors, licensors, service providers and their respective shareholders, members, directors, officers, employees, attorneys and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with Kasta or Kasta Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Services. If you are obligated to indemnify the Company, their affiliates, contractors, licensors, service providers and their respective shareholders, members directors, officers, employees, attorneys or agents pursuant to these Terms, Kasta will have the right, in its sole discretion, to control any action or proceeding and to determine whether Kasta wishes to settle, and if so, on what terms. If you have a dispute with one or more Users or third parties, you release Kasta, its affiliates, contractors, licensors and service providers, and their respective shareholders, members, directors, officers, employees or agents from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you have a dispute with any other party other than Kasta, you agree to release Kasta from liability associated with that or any future dispute.
16. INCORRECT DATA
- Kasta is not liable for data which is incorrectly provided by the User. In the event that a User places an invalid Order, Kasta shall not be held liable for any damages or loss of profit or any other payments whatsoever.
17. NETWORK SPEED
- Kasta Services may be subject to limitations, delays, and other problems inherent in the use of the internet and other electronic communications. Kasta is not responsible for any delays, delivery failures, or other damage resulting from such problems.
18. TERMINATION OF AGREEMENT
1. Suspension of Accounts
You agree that Kasta shall have the right to immediately suspend your Account, freeze or lock Digital Assets in all such Accounts, and suspend your access to Kasta for any reason including if Kasta suspects any such Accounts to be in violation of these Terms, the Supplementary Terms, or any applicable laws and regulations. In case a client of Kasta abuses or violates company functionality or services, the company reserves the right to terminate the business relationship at any time. Abusive or unauthorized use of company functionality or services includes but is not limited to engaging in fraudulent activities, misusing resources, disrupting operations, or violating any applicable laws or regulations.
The above Account controls may also be applied in the following cases: (i) the Account is subject to a governmental proceeding, criminal investigation or other pending litigation; (ii) We detect unusual activities in the Account (iii) We detect unauthorized access to the Account; (iv) We are required to do so by a court order or command by a regulatory/government authority.
If Kasta is informed that any Digital Assets or funds held in your Account are stolen or otherwise are not lawfully possessed by you, Kasta may, but has no obligation to, suspend the Account until such time as the dispute has been resolved and evidence of the resolution acceptable to Kasta has been provided to Kasta in a form acceptable to Kasta. Kasta will not involve itself in any such dispute and is under no obligation to aid the User in the dispute or the resolution of the dispute.
You agree that Kasta will have no liability or responsibility for any suspension, or for your inability to withdraw Digital Assets, Fiat Funds or other funds or execute Transactions during the period of suspension. Kasta shall not be liable to you for any permanent or temporary modification of your Kasta Account, or suspension or termination of your access to all or any portion of Kasta Services.
2. Closing Accounts
Accounts may be closed either by Kasta or by Users. In case of any of the following events, Kasta shall have the right to close your Account:
- the information that you have provided is untruthful, inaccurate, outdated or incomplete;
- Kasta is informed that your Account violates any applicable law or regulation; and
- any other circumstances where Kasta deems it should terminate Services.
3. Remaining funds after Account termination
Once an Account is closed, all remaining fees and liabilities owed to Kasta, if any, are payable immediately and will be deducted automatically from the Users accounts. You will have five (5) business days to withdraw all remaining Digital Assets or Cash from the Account. In the event a Users Account is under suspension or closure arising from fraud investigations, investigations of violation of law or violation of these Terms, Kasta maintains full custody of the Digital Assets and User data/information which may be turned over to governmental authorities.
19. NO ADVICE
- Kasta is not a broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities from use of the Services. No communication or information provided to you by Kasta is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice or recommendation. Unless otherwise specified in these Terms, all trades and operations are executed automatically, based on the parameters of your Order instructions and in accordance with posted execution procedures, and you are solely responsible for determining whether your strategy or related Transaction is appropriate for you according to your personal objectives and your risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal, financial or tax professionals regarding your specific situation. Kasta does not recommend that any Digital Assets should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Assets, you should conduct your own due diligence and consult your financial, tax and legal advisors prior to making any decision. Kasta will not be held responsible for the decisions you make to swap, send, or hold Digital Assets based on the information provided by Kasta. Users of Kasta Services must understand the risks involved in Digital Assets, and are recommended to exercise prudence and trade responsibly within their capabilities.
- Kasta is not acting as a broker, intermediary, agent, representative, or advisor or in any fiduciary capacity, and no communication or information provided to you by Kasta shall be considered or construed as advice or recommendation, including but not limited to whether to proceed with any action or to use any Kasta Service.
20. COMPLIANCE WITH LAWS
- Any disputes and claims that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the courts located in the jurisdiction of the incorporation of your Contracting Entity and shall be governed by and construed in accordance with its laws.
- It is your responsibility to abide by local laws in relation to the legal usage of the Services in your local jurisdiction as well as other laws and regulations applicable to you. You must also consider, from the perspective of your local laws, all aspects of taxation, the withholding, collection, declaring, reporting and remittance to their appropriate tax authorities. You acknowledge and declare that your funds come from legitimate sources and do not originate from illegal activities. You agree that Kasta may require to receive or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of your funds. Kasta will cooperate with law enforcement authorities globally to seize, freeze, and terminate Users’ Accounts and funds or otherwise providing information to law enforcement including but not limited to User’s Personal Data due to requests with a valid legal process (for example, a subpoena or search warrant) or are otherwise investigated by legal mandate.
- Tax Liability: The user acknowledges and agrees that they are solely responsible for any taxes, duties, or other governmental charges that may be imposed on them as a result of their use of the services found on the Kasta App or Ka App. The company shall not be held liable for any such taxes or charges, and the user agrees to indemnify and hold the company harmless from any claims, liabilities, or expenses arising from the user's failure to fulfill their tax obligations.
- Rights reserved: Kasta reserves the right to: (i) store, analyze and use statistical and marketing information about the interest in the content of the Service of Kasta, as well as to the manner of its searching, access and use – without including any Personal Data or the ability to individually or collectively identify Users; (ii) change the functionality, design, order of purchase and sale of Digital Assets, as well as any other information on the Website or Kasta App in order to improve and/or optimize the Services.
- Independent Parties. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between Kasta and a User.
- Entire Agreement. These Terms constitute the entire agreement between the parties regarding the use of the Services and will supersede all prior written or oral agreements, if any. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
- Interpretation and Revision. Kasta reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on the Website or on the Kasta App. It is your responsibility to regularly check our Website / Kasta App to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of the Services and close your Account. You agree that, unless otherwise expressly provided in these Terms, Kasta will not be responsible for any modification or termination of the Services by you or any third party, or suspension or termination of your access to the Services.
- Force Majeure. Kasta will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Kasta’s reasonable control.
- Severability. If any provision of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable provision will be given effect to the greatest extent possible.
- Assignment. You may not assign or transfer any right to use Services or any of your rights or obligations under these Terms without prior written consent from Kasta, including any right or obligation related to the enforcement of laws or the change of control. Kasta may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
- Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
- Contact Information. For more information on Kasta, you may refer to the company information found on the Website or Kasta App. If you have questions regarding these Terms, please feel free to contact Kasta for clarification via our Customer Support team at email@example.com.