Terms of Service
Last Updated: 2024-10-30
Lightscale Holdings Pte. Ltd., a company incorporated under the laws of Singapore (“Company,” “we,” “us,” “our”), operates the website https://kgh.kroma.network (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
Please read this Kroma Guardian House Terms of Service (this “Agreement”) carefully before using the Kroma Guardian House platform (“Platform”) and participating in staking by delegating KRO tokens or KGH NFTs to validators in the Kroma network. By purchasing, staking, accessing, or using KRO tokens or KGH NFTs, you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement by and between you and the Company. If you do not agree to all of the terms and conditions of this Agreement, do not participate in the staking activities or access the Services.
THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 10.
1. Eligibility Requirements
Claim. To be eligible for claiming the KRO tokens locked in the KGH NFTs, you must satisfy all of the following eligibility requirements:
You are at least eighteen (18) years of age, or are the legal age for entering into legally binding agreements under applicable law;
You are not, nor are you an entity that is, or an entity owned or controlled by any person or entity that is, or conducting any activities itself or on behalf of any person or entity that is: (i) a natural person resident in the United States; (ii) a partnership or corporation organized or incorporated under the laws of the United States; or (iii) otherwise a “U.S. person” as defined in Rule 902(k)(2) of Regulation S under the Securities Act of 1933 (each, a “U.S. Person”);
You are not, nor are you an entity that is, or an entity owned or controlled by any person or entity that is, or conducting any activities itself or on behalf of any person or entity that is: the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State or any other governmental authority with jurisdiction over the party; identified on the Denied Persons, Entity or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or located, organized or resident in a country or territory that is, or whose government is, the subject of economic sanctions, including, without limitation, Russia, Crimea, Cuba, Iran, North Korea or Syria (each, a “Restricted Person”); and
You are not purchasing, obtaining, accessing or using the KGH on behalf of a U.S. Person or Restricted Person.
Countries in which use is allowed can be changed in the future depending on the decisions made by us, with the changes notified in advance.
2. Kroma Guardian House Platform and Staking
About Kroma Guardian House. Kroma Guardian House is a platform for KRO token holders and KGH NFT collectors to easily contribute to the Kroma network's security. By delegating KRO tokens or KGH NFTs to Kroma validators, holders play a crucial role in strengthening the network's security. In return for the contribution, holders are rewarded with KRO tokens from the Validator Rewards.
KRO Token Staking. Users may stake their KRO tokens to a validator node of their choice, which increases the chance of priority validator selection. In return for their participation, users receive a share of the validator rewards generated by that node based on the contribution of their staked tokens. Validators may set a commission rate for their services, which is deducted from the rewards before distribution to delegators.
KGH NFT Staking. Users who own KGH NFTs may stake these NFTs to validators, which boosts the validator rewards generated by that node. As with KRO token delegation, KGH NFT holders are rewarded with KRO tokens from the validator rewards. Validators may set a commission rate for their services, which is deducted from the rewards before distribution to delegators.
Unstaking Period. Users may unstake their KRO tokens or KGH NFTs at any time, only after seven days from the last staking action. The unstaking period is determined by the network's tokenomics and may vary based on the network's parameters.
Connecting a Digital Wallet. In order to stake your assets or claim the rewards, you will need to connect a compatible third-party Ethereum blockchain digital wallet (“Wallet”). You are solely responsible for maintaining the security of your Wallet, including any associated credentials, private key and seed phrase. The Company does not offer Wallet software or custody KRO Tokens (or any other crypto assets) on behalf of the users. Your use of a third-party Wallet is subject to separate terms and conditions established by the Wallet provider.
3. User Representations
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; (5) your use of the Services will not violate any applicable law or regulation; and (6) you meet all of the eligibility requirements in the section 1.
4. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. - Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. - Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. - Use any information obtained from the Services in order to harass, abuse, or harm another person. - Make improper use of our support services or submit false reports of abuse or misconduct. - Use the Services in a manner inconsistent with any applicable laws or regulations. - Engage in unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. - Engage in any automated use of the system, such as using scripts to send transactions, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from Content. - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. - Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. - Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. - Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code. - Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. - Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services. - Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. - Use the Services to advertise or offer to sell goods and services. - Sell or otherwise transfer your profile.
There can be civil and criminal responsibilities associated with attempts to disturb or impair service operation, and system or network security violation.
We can request investigation to a law enforcement institution and provide relevant information to prosecute the user that violates the terms and conditions.
If any term violation is discovered or if there is reasonable doubt of a violation, we can delay, pause, modify or terminate the user’s access to service without notice, unless otherwise required by relevant legislation.
5. Contribution License
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
6. Third-Party Websites and Content
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
7. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) based on our internal criteria, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
8. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://kroma.network/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
9. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. Amendments, Modifications and Interruptions
We can always change or modify the terms and conditions in accordance with relevant legislation and discretion. When changes occur in the terms and conditions, we must notify the changes and enter the changed terms at the top or bottom of this terms and conditions so that the user can check the changes. If the user continues to use the services provided by us after the modified terms and conditions are posted, it is assumed that the user recognizes and agrees with the change in terms and conditions.
The most current version of the Agreement will be posted on https://kgh.kroma.network/ (the “Website”) with the “Last Updated” date at the top. You shall be responsible for reviewing and becoming familiar with any modifications or revisions. Purchasing, obtaining, accessing or using the KGH constitutes your acceptance of the Agreement as modified or revised. If you do not agree to the Agreement then in effect, you must immediately discontinue access to, and use of, the Services.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Blockchain related regulations and provisions are incomplete and uncertain, and new regulations and policies could affect blockchain-based contents included in the service provided by us.
11. Governing Law
These Legal Terms shall be governed by and defined following the laws of Singapore. Lightscale Holdings Pte. Ltd. and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
12. Dispute Resolution
- Each party (i) waives all its respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising from or related to this Agreement resolved in a court, and (ii) waives all its respective right(s) to have any Disputes heard before a court. Instead, each party shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
- Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the Singapore International Arbitration Centre in force when the relevant Notice of Arbitration is submitted. The law of this arbitration clause shall be under the laws of Singapore. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. 3. Prior to commencing arbitration proceedings in accordance with this Article 10, each party will notify the other party in writing of any Dispute within thirty (30) calendar days of the date it arises, so that the user and the Company can attempt in good faith to resolve the Dispute informally. Notice to Lightscale shall be sent by email to Lightscale. Notice to the user will be sent by email to any email address provided by the user. Such notice to Lightscale must include (i) the user’s full name, postal address, email address and telephone number, (ii) a full and sufficient description of the nature or basis of the Dispute, and (iii) the specific relief sought by the user. If the user and Lightscale cannot agree how to resolve the Dispute within thirty (30) calendar days after the date the notice is received by the applicable party, then either the user or the Company may, as appropriate and in accordance with this Section 14, commence an arbitration proceeding.
- Each party agrees to keep all matters relating to this arbitration, including the arbitral awards, confidential, except as is otherwise required by court order or as is necessary to confirm, set aside or enforce the arbitral award and for disclosure in confidence to each party’s respective legal, financial or other professional advisors. 5. Any claim or dispute arising under the terms of this Agreement will take place on an individual basis without resort to any form of class or representative action, including any class arbitration (“Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM. Regardless of anything else in this Agreement to the contrary, the validity and effect of the Class Action Waiver may be determined only by a court or referee and not by an arbitrator. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The user acknowledges that this Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the terms of this Agreement.
13. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
14. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $10,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
18. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
19. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: marketing@kroma.network