Legal Agreement

Terms of Service

Legal terms and conditions governing your use of KESK token services and platform.

Last updated: March 1, 2025

Important Legal Notice

By participating in the KESK token sale or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Cryptocurrency investments carry significant risks and may not be suitable for all investors.

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the KESK token sale platform, related websites, mobile applications, and services (collectively, the "Services") provided by Kesk Systems OÜ and its affiliates ("KESK", "we", "us", or "our").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Services after such changes constitutes acceptance of the new Terms.

Eligibility Requirements

To participate in the KESK token sale and use our Services, you must:

  • Be at least 18 years old (or the age of majority in your jurisdiction)
  • Have the legal capacity to enter into binding agreements
  • Not be a resident or citizen of a restricted jurisdiction
  • Complete our Know Your Customer (KYC) and Anti-Money Laundering (AML) verification
  • Not be on any sanctions list or otherwise prohibited from participating

Restricted Jurisdictions

The KESK token sale is not available to residents or citizens of the following jurisdictions:

  • United States of America and its territories
  • China (People's Republic of China)
  • North Korea (Democratic People's Republic of Korea)
  • Iran (Islamic Republic of Iran)
  • Syria (Syrian Arab Republic)
  • Any jurisdiction where participation would violate applicable laws

Token Sale Terms

Token Purchase

  • KESK tokens are ERC-20 tokens on the Ethereum blockchain
  • Purchases are made using BTC, ETH, or USDT only
  • Minimum purchase amounts apply based on the current sale phase
  • All sales are final and non-refundable
  • Token distribution occurs according to the published schedule

Pricing and Availability

  • Token prices are set in EUR and may fluctuate based on cryptocurrency rates
  • Bonus tokens are awarded according to the current sale phase
  • We reserve the right to modify pricing, bonuses, and availability
  • The token sale may be suspended or terminated at our discretion

KYC/AML Compliance

  • All participants must complete identity verification before purchase
  • We may request additional documentation or information
  • Failure to complete KYC may result in rejection of your participation
  • We comply with all applicable anti-money laundering regulations

Use of Services

Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Engage in fraudulent, deceptive, or manipulative activities
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Services
  • Use the Services for money laundering or terrorist financing

Account Security

You are responsible for:

  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Promptly notifying us of any unauthorized access
  • Using strong passwords and enabling two-factor authentication

Risk Disclosures

CRYPTOCURRENCY INVESTMENTS ARE HIGHLY SPECULATIVE AND CARRY SIGNIFICANT RISKS.

Key Risks Include:

  • Total loss of investment due to market volatility
  • Regulatory changes that may affect token value or usability
  • Technical risks including smart contract vulnerabilities
  • Liquidity risks and inability to sell tokens
  • Project development risks and potential failure to deliver
  • Cybersecurity risks including hacking and theft

You acknowledge that you understand these risks and invest only what you can afford to lose. We strongly recommend consulting with financial advisors before making any investment decisions.

Intellectual Property

The Services and all related content, features, and functionality are owned by KESK, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property without our prior written consent.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • KESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR TOKENS IN THE TWELVE MONTHS PRECEDING THE CLAIM
  • WE PROVIDE SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND
  • YOU ASSUME FULL RESPONSIBILITY FOR YOUR INVESTMENT DECISIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for damages, so some of the above limitations may not apply to you.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Estonian Chamber of Commerce and Industry. The arbitration shall be conducted in English and located in Tallinn, Estonia.

Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and KESK individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Violation of applicable laws
  • Fraudulent or suspicious activity
  • Request by law enforcement or regulatory authorities

Upon termination, your right to use the Services will cease immediately, but these Terms will remain in effect as to both parties.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: legal@kesk.app

Address: Kesk Systems OÜ, Tööstuse tn 3-5, 10413 Tallinn, Estonia

Registration Number: 17216767

Support: support@kesk.app