
Terms of Service
Last Updated: April 26, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Kaiju ("we," "our," or "us") governing your access to and use of the Kaiju website, mobile application, and related services (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
3. Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the right, authority, and capacity to enter into these Terms.
4. Account Registration
To access certain features of the Service, you may need to register for an account or connect a cryptocurrency wallet. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and wallet private keys. You agree not to disclose your credentials or private keys to any third party and to immediately notify us of any unauthorized use of your account or wallet.
5. User Conduct
You agree not to:
- Use the Service in any way that violates any applicable law or regulation
- Use the Service for any harmful, fraudulent, or deceptive purpose
- Attempt to gain unauthorized access to any part of the Service or any system or network connected to the Service
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Use any robot, spider, or other automated device to access the Service
- Circumvent any technological measure implemented to protect the Service
- Use the Service to collect or store personal data about other users without their consent
6. Intellectual Property
The Service and its original content, features, and functionality are owned by Kaiju and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal, non-commercial use.
7. Digital Assets and Blockchain Transactions
The Service may allow you to purchase, trade, or interact with digital assets, including non-fungible tokens (NFTs) and cryptocurrencies. You acknowledge and agree that:
- We do not control the underlying blockchain networks
- Blockchain transactions are irreversible and we cannot recover or assist in recovering digital assets
- You are solely responsible for maintaining the security of your wallet and private keys
- The value of digital assets can be volatile, and we make no guarantees regarding their value or liquidity
- You are responsible for complying with all applicable laws related to your transactions, including tax laws
8. Beta Access
If you participate in our beta program, you acknowledge that:
- The beta version of the Service may contain bugs, errors, or other issues
- We may collect additional feedback and usage data during the beta period
- Beta features may change significantly or be discontinued before final release
- We make no guarantees regarding the availability or functionality of beta features
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAIJU, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
11. Indemnification
You agree to defend, indemnify, and hold harmless Kaiju, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association]. The arbitration shall be conducted in [Location].
13. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Kaiju concerning the Service.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@kaiju-game.com