Terms & Conditions

Kite App Limited

Last Updated: [DATE]

Effective Date: [DATE]

These Terms & Conditions ("Terms") are a legally binding agreement between you ("you" or "user") and Kite App Limited ("Kite," "we," "us," or "our"), a company incorporated in Hong Kong. By accessing or using the Kite app, website, or any related services (the "Services"), you agree to be bound by these Terms. If you do not agree, do not use the Services.

These Terms should be read together with our Privacy Policy, which explains how we handle your information.

1. Eligibility

To use the Services, you must:

• Be at least 18 years old.

• Not be a resident or citizen of, or located in, any Restricted Jurisdiction (see Section 2).

• Not appear on any sanctions list maintained by the United Nations, the U.S. Office of Foreign Assets Control (OFAC), the European Union, or the Hong Kong Monetary Authority.

• Have the legal capacity to enter into a binding agreement in your jurisdiction.

By creating an account, you represent and warrant that you meet all eligibility requirements. We reserve the right to refuse service, close accounts, or restrict access if we determine that any eligibility requirement is not met.

2. Restricted Jurisdictions

The Services are not available to persons located in, incorporated in, or residents of the following jurisdictions:

• United States of America (including all territories)

• Cuba

• Iran

• North Korea (DPRK)

• Syria

• Russia

• Crimea, Donetsk, and Luhansk regions of Ukraine

• Any other jurisdiction where the use of the Services would be prohibited by applicable law or regulation

We may update this list at any time. It is your responsibility to ensure that your use of the Services is lawful in your jurisdiction. If we determine that you are accessing the Services from a Restricted Jurisdiction, we may immediately suspend or terminate your account and freeze any associated assets, with no liability to you.

If we determine that personal data has been collected from a user in a Restricted Jurisdiction, we will handle such data in accordance with applicable data protection laws of that jurisdiction, including honoring any applicable deletion rights, before completing account termination and asset disposition.

3. Account Registration and Identity Verification

Account Creation

To access the Services, you must create an account by providing accurate and complete information, including your name, email address, phone number, and country of residence. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Identity Verification (KYC)

We are required to verify your identity before you can access certain features of the Services. This process includes providing government-issued identification, completing selfie or liveness checks, and submitting proof of address. Identity verification is conducted through our third-party verification partner.

We may request additional verification at any time. Failure to complete verification, or providing false or misleading information, may result in restrictions on your account or termination of access to the Services.

Biometric Data

Identity verification may involve the collection of biometric data, including facial geometry derived from selfie and liveness checks. This data is processed by our verification partner, Sumsub, and is used solely for the purpose of verifying your identity. We obtain your explicit consent before collecting biometric data. Biometric data is retained only for the duration necessary to complete the verification process and is deleted within 30 days of successful verification, unless a longer retention period is required by applicable law or regulation. Biometric data is encrypted in transit and at rest.

Account Security

You agree to:

• Keep your login credentials, recovery phrases, and wallet access information secure and confidential.

• Notify us immediately at support@kiteapp.xyz if you suspect unauthorized access to your account.

• Accept responsibility for all transactions and activities conducted through your account.

We are not liable for any loss arising from unauthorized use of your account where you have failed to maintain adequate security of your credentials.

3A. Legal Basis for Processing Personal Data

We process your personal data on the following legal bases:

• Contractual necessity — to provide the Services, including account creation, wallet services, card services, and transaction processing.

• Legal obligation — to comply with applicable AML/KYC laws, sanctions screening, and regulatory reporting requirements.

• Legitimate interests — for fraud prevention, service improvement, and security monitoring, where these interests are not overridden by your rights.

• Explicit consent — for the processing of biometric data (selfie/liveness checks) during identity verification.

You may withdraw consent for biometric processing at any time by contacting support@kiteapp.xyz, though this may affect your ability to use the Services.

3B. Your Data Protection Rights

Depending on your jurisdiction, you may have the following rights regarding your personal data: the right to access, rectify, erase, restrict processing of, and port your data; the right to object to processing based on legitimate interests; and the right to withdraw consent where processing is based on consent.

To exercise these rights, contact legal@kiteapp.xyz. We will respond within 30 days (or 40 days for Hong Kong PDPO requests).

For Hong Kong residents specifically, you may submit a Data Access Request or Data Correction Request under the Personal Data (Privacy) Ordinance (Cap. 486).

3C. Personal Information Collection Statement (Hong Kong)

In accordance with the Personal Data (Privacy) Ordinance (Cap. 486):

• Purpose — personal data collected is used for account management, identity verification, AML/KYC compliance, transaction processing, fraud prevention, and customer support.

• Transfer — your data may be disclosed to our third-party service providers listed in Section 11, regulatory authorities, and law enforcement agencies where required by law.

• Voluntariness — provision of personal data is voluntary, but failure to provide required information may prevent us from offering the Services.

• Access and Correction — you have the right to request access to and correction of your personal data by contacting support@kiteapp.xyz.

3D. Data Retention

We retain your personal data for the following periods:

• Account and profile data — for the duration of your account plus 1 year after closure.

• KYC/identity documents — for 7 years after the end of the business relationship, as required by applicable AML regulations.

• Transaction records — for 7 years after the transaction date.

• Biometric verification data — deleted within 30 days of successful verification.

• Customer support records — for 3 years after resolution.

After the applicable retention period, data is securely deleted or anonymized.

3E. Data Breach Notification

In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify affected users without undue delay and, where required by applicable law, within 72 hours of becoming aware of the breach. Notification will be provided through the app, by email, or both.

4. Wallet Services

Non-Custodial Wallet

Kite provides a non-custodial digital asset wallet. Your wallet is secured through Multi-Party Computation (MPC) infrastructure provided by Dynamic.xyz. Kite does not hold, store, or have access to your private keys. Control of your private keys remains with you at all times.

Your Responsibilities

You understand and acknowledge that:

• You are solely responsible for your wallet and the assets within it. If you lose access to your wallet credentials or recovery methods, Kite cannot recover your private keys or your assets. There is no "forgot password" mechanism for blockchain-based wallets.

• Transactions submitted to a blockchain are irreversible. Kite cannot reverse, cancel, or modify any on-chain transaction once it has been broadcast.

• You are responsible for verifying recipient addresses, networks, and token types before initiating any transaction. Sending assets to an incorrect address or incompatible network may result in permanent loss.

Supported Networks

The Services currently support the following blockchain networks: Ethereum, Base, Arbitrum, BNB Chain, Polygon PoS, and Optimism. We may add or remove supported networks at our discretion. We are not responsible for assets sent to or from unsupported networks.

5. Card Services

Virtual and Physical Cards

Kite may offer virtual and/or physical prepaid cards ("Card" or "Cards") issued through our card partner. Cards are funded by converting supported stablecoins (USDC and/or USDT) to fiat currency for spending.

Card Terms

Your use of a Card is subject to:

• These Terms.

• Any additional cardholder agreement provided by the card issuer or card network.

• Applicable card network rules (e.g., Visa).

In the event of a conflict between these Terms and the cardholder agreement, the cardholder agreement prevails with respect to the Card.

Top-Ups and Spending

• Card top-ups are funded by converting stablecoins from your Kite wallet to fiat at the prevailing exchange rate at the time of conversion.

• We do not guarantee any specific exchange rate. Rates are determined at the time of each top-up transaction.

• Card spending is subject to daily, monthly, or per-transaction limits as disclosed in the app.

• We may decline transactions or restrict Card use for fraud prevention, compliance, or risk management purposes.

Card Replacement and Cancellation

You may request a replacement card or cancel your card through the app or by contacting support@kiteapp.xyz. Upon cancellation, any remaining fiat balance on the card will be handled in accordance with the cardholder agreement.

6. Transactions

Sending and Receiving Digital Assets

You may send and receive supported digital assets through the Services across supported blockchain networks. Kite facilitates gas-free transfers for supported tokens on supported networks, meaning Kite sponsors gas fees on your behalf. We reserve the right to modify or discontinue gas sponsorship at any time.

Swaps and Bridges

The Services may allow you to swap between supported digital assets or bridge assets across supported networks. These operations are facilitated through third-party aggregators. Swap and bridge rates are provided at the time of the transaction and may differ from the executed rate due to network conditions, slippage, or price movement between quote and execution.

Fiat On-Ramp and Off-Ramp

The Services may allow you to purchase digital assets using fiat currency (on-ramp) or convert digital assets to fiat currency (off-ramp) through our third-party ramp partner. On-ramp and off-ramp transactions are subject to:

• The third-party provider's own terms and conditions.

• Applicable payment method restrictions and limits.

• Processing times that may vary depending on payment method, jurisdiction, and compliance checks.

Kite is not the provider of fiat payment services. We facilitate the connection between you and the third-party ramp provider.

Use of fiat on-ramp and off-ramp services involves sharing your personal data (including identity and transaction information) with our ramp partner, TransFi. TransFi processes this data as an independent controller subject to its own privacy policy, which is available within the app.

Transaction Finality

All blockchain transactions are subject to the finality mechanisms of the relevant network. A transaction is considered final only after sufficient network confirmations. Kite is not responsible for delays, failures, or losses caused by network congestion, reorganizations, or other blockchain-level events.

7. Fees

Kite charges the following fees in connection with the Services. All fees are displayed before you confirm a transaction.

We reserve the right to change our fees at any time. We will provide at least 30 days' notice of any fee changes through the app or by email. Continued use of the Services after the effective date of a fee change constitutes your acceptance of the updated fees.

Third-party fees (such as blockchain network fees not covered by gas sponsorship, bank transfer fees, or card network surcharges) are your responsibility and are not controlled by Kite.

8. Supported Assets

The Services support a curated list of digital assets ("Supported Assets") across supported networks. The current list of Supported Assets is available within the app.

We may add or remove Supported Assets at any time, with or without notice. If we remove support for an asset you hold, we will make reasonable efforts to notify you and provide a window to withdraw or transfer the affected asset. We are not responsible for any loss in value of assets that are removed from the Supported Assets list.

Unsupported tokens sent to your Kite wallet address may not be visible or accessible through the app. Kite is not responsible for recovering unsupported tokens.

9. Prohibited Activities

You agree not to use the Services for any of the following purposes:

• Money laundering, terrorist financing, or sanctions evasion, including structuring transactions to avoid reporting thresholds or disguising the origin of funds.

• Purchasing goods or services that are illegal in your jurisdiction, including but not limited to illegal drugs, weapons, stolen property, or counterfeit goods.

• Illegal gambling or transactions with unlicensed gambling operators.

• Darknet marketplace transactions or any transactions with platforms known to facilitate illegal activity.

• Fraud, scams, or deception, including impersonation, phishing, or social engineering directed at other users or third parties.

• Circumventing access restrictions, including using VPNs, proxies, or other tools to mask your location or access the Services from a Restricted Jurisdiction.

• Interfering with the Services, including attempting to exploit vulnerabilities, reverse-engineer the app, overwhelm infrastructure, or automate access without authorization.

• Violating any applicable law or regulation in your jurisdiction or any jurisdiction affected by your use of the Services.

We reserve the right to investigate and take action against any suspected prohibited activity, including freezing assets, restricting account access, reporting to authorities, and permanently terminating accounts. We may take these actions without prior notice.

10. Intellectual Property

All content, trademarks, logos, designs, code, and other intellectual property associated with the Services are owned by or licensed to Kite. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, or create derivative works based on any part of the Services without our prior written consent.

11. Third-Party Services

The Services integrate with and rely on third-party providers, including but not limited to:

• Dynamic.xyz — wallet infrastructure and MPC key management

• Alchemy — blockchain node infrastructure and transaction monitoring

• TransFi — fiat on/off ramp services

• DCS Decard — card issuance and payment processing

• Sumsub — identity verification and compliance screening

• Li.Fi — swap and bridge aggregation

Your use of features that rely on third-party services may be subject to those providers' terms and conditions. Kite is not responsible for the performance, availability, security, or actions of any third-party provider. Any dispute related to a third-party service should be directed to that provider.

We may change third-party providers from time to time. Where a change materially affects the processing of your personal data, we will notify you through the app or by email within a reasonable period.

International Data Transfers

Your personal data may be transferred to and processed in jurisdictions outside your country of residence, including the United States, the European Union, and other locations where our third-party providers operate. Where data is transferred outside of the EEA or UK, we rely on appropriate safeguards such as Standard Contractual Clauses (SCCs) approved by the European Commission, or transfers to jurisdictions recognized as providing adequate data protection. Details of specific transfer mechanisms are available upon request by contacting support@kiteapp.xyz.

12. Risk Disclosures

You acknowledge and accept the following risks associated with using the Services. This is not an exhaustive list.

Digital Asset Risks

• Volatility: The value of digital assets, including stablecoins, can fluctuate significantly. You may lose some or all of the value of your assets.

• Stablecoin de-peg risk: Stablecoins are designed to maintain a stable value but may lose their peg due to issuer insolvency, regulatory action, liquidity crises, or market conditions. Kite does not guarantee the value of any stablecoin.

• Regulatory risk: The legal and regulatory status of digital assets varies by jurisdiction and is subject to change. Future regulatory actions may restrict or prohibit your ability to use the Services or hold certain assets.

Blockchain and Technology Risks

• Irreversibility: Blockchain transactions cannot be reversed once confirmed. Errors in recipient address, network selection, or token type may result in permanent loss of assets.

• Smart contract risk: The Services interact with smart contracts that may contain bugs, vulnerabilities, or behave unexpectedly. We do not guarantee that smart contracts used by the Services or third-party protocols are free from defects.

• Network risks: Blockchain networks may experience congestion, downtime, forks, reorganizations, or protocol changes that could delay, alter, or prevent transactions.

• Bridge and swap risk: Cross-chain bridges and token swaps rely on third-party protocols that carry their own risks, including smart contract exploits, liquidity failures, and price slippage.

Operational Risks

• Service availability: The Services may be unavailable due to maintenance, technical failures, cyberattacks, or events beyond our control.

• Key management: As a non-custodial service, the loss of your wallet access credentials is irreversible. Kite cannot recover lost keys or assets.

• Third-party dependency: The Services rely on third-party providers for critical functions. Failure or discontinuation of any third-party service may affect your ability to use the Services.

13. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KITE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that:

• The Services will be uninterrupted, error-free, or secure.

• Any defects will be corrected.

• The Services will meet your expectations or requirements.

• Any information provided through the Services is accurate, complete, or current.

Nothing in the Services constitutes financial, investment, legal, or tax advice. You are solely responsible for your own financial decisions.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Kite, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, digital assets, goodwill, or other intangible losses, arising out of or in connection with your use of the Services, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

Where direct liability cannot be fully excluded by law, Kite's total aggregate liability for all claims arising out of or related to these Terms or the Services shall not exceed the greater of:

• The total amount of fees you have paid to Kite in the 12 months immediately preceding the event giving rise to the claim; or

• USD $100.

These limitations apply to the fullest extent permitted by the law of your jurisdiction and shall survive termination of these Terms.

Specific exclusions: Without limiting the above, Kite is not liable for:

• Loss of digital assets due to your error (e.g., sending to wrong address or wrong network).

• Loss of access to your wallet due to lost credentials or recovery information.

• Losses caused by blockchain network events (congestion, forks, reorganizations, exploits).

• Stablecoin de-peg events or fluctuations in the value of any digital asset.

• Actions, omissions, or failures of third-party service providers.

• Losses resulting from unauthorized access to your account where you failed to maintain adequate security.

• Losses arising from your use of the Services in violation of these Terms or applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Kite, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services.

• Your breach of these Terms.

• Your violation of any applicable law or regulation.

• Your infringement of any rights of a third party.

• Any content or information you provide through the Services.

16. Suspension and Termination

By Kite

We may suspend, restrict, or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to:

• Suspected violation of these Terms or applicable law.

• Failure to complete or pass identity verification.

• Suspected fraud, money laundering, or other prohibited activity.

• Requests from law enforcement or regulatory authorities.

• Extended inactivity on your account.

• Discontinuation of the Services or any feature thereof.

Where possible, we will provide notice before or promptly after taking action. However, we are not required to provide notice where doing so would compromise an investigation or expose Kite to legal risk.

Upon termination, you will have a reasonable period (not less than 30 days, unless prohibited by law or regulation) to withdraw your digital assets. After this period, we may take steps to close your wallet and dispose of any remaining assets in accordance with applicable law.

By You

You may close your account at any time by contacting support@kiteapp.xyz. Please withdraw all digital assets before requesting account closure. See our Privacy Policy for information on data retention following account closure.

Survival

The following sections survive termination of these Terms: Sections 9 (Prohibited Activities), 12 (Risk Disclosures), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 17 (Dispute Resolution), and 18 (Governing Law).

17. Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@kiteapp.xyz and attempt to resolve the dispute informally for a period of at least 30 days.

Arbitration

If a dispute cannot be resolved informally, it shall be finally settled by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force at the time. The arbitration shall be conducted in English, with the seat of arbitration in Hong Kong.

The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Kite. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall be resolved by the courts specified in Section 18.

Small Claims Exception

Notwithstanding the above, either party may bring an individual action in a small claims court of competent jurisdiction.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law principles.

Subject to the arbitration provisions in Section 17, the courts of Hong Kong shall have exclusive jurisdiction over any legal proceedings arising out of or in connection with these Terms.

19. Force Majeure

Kite shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, epidemics, pandemics, or acts of God.

• War, terrorism, civil unrest, or government actions.

• Blockchain network congestion, outages, forks, or protocol-level changes.

• Smart contract failures, exploits, or vulnerabilities in third-party protocols.

• Gas price spikes that render transactions economically impractical.

• Stablecoin de-peg events or issuer insolvency.

• Failures of internet infrastructure, cloud providers, or telecommunications networks.

• Cyberattacks, DDoS attacks, or security breaches affecting our infrastructure or third-party providers.

• Regulatory actions, sanctions, or legal orders that prevent us from providing the Services.

During a force majeure event, our obligations under these Terms are suspended for the duration of the event. We will make reasonable efforts to notify you and to resume normal operations as soon as practicable.

20. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced herein (including cardholder agreements), constitute the entire agreement between you and Kite regarding the Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Notices

We may provide notices to you through the app, by email to the address associated with your account, or by posting on our website. You are responsible for keeping your contact information current.

Language

These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version prevails.

21. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the app or by email at least 30 days before the changes take effect. The "Last Updated" date at the top of these Terms indicates the most recent revision.

Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and close your account.

22. Contact

Kite App Limited

Unit 2A, 17/F, Glenealy Tower, No. 1 Glenealy, Central, Hong Kong

• Legal inquiries: legal@kiteapp.xyz

• Privacy inquiries & general support: support@kiteapp.xyz