Accepting the Terms

These Terms set out Your rights and responsibilities when You use Kallis to buy, mint, display non-fungible tokens (NFTs). Please read Our Terms carefully. Kallis Gateway is an administrative platform that facilitates transactions between a buyer and a seller but is not a party to any agreement between the buyer and seller of NFTs or between any users. If You do not agree to these Terms, You must not access or use the site or the Services.

Violation of the Terms.

Kallis has the right to terminate, suspend or the right to bring legal action against anyone violating these Terms, also, to terminate or suspend the User account without any further notice.

Definitions

’’NFT’’ means non-fungible tokens.
‘’Intellectual Property’’ is a category of property that includes intangible assets, like copyrights, patents, trademarks and trade secrets.

Your Kallis account

In order to Use Kallis services You are obliged to create an account. We may request from You some additional information. However, if You do not provide an accurate and truthful request, we may refuse to provide you with the Services.

Your Kallis account is subject to the following conditions:

• You confirm that you are at least 18 years old.
• You are allowed to have only one account with Kallis. If we have a reason to assume that You have opened multiple accounts or are using different Alias under different accounts, We have a right to terminate or close Your account without further notice.
• You confirm and understand that Kallis account is in Your use only. For selling, renting, leasing or granting access to any person is prohibited and results with determination of Your account.
• You confirm that You are solely responsible for maintaining the security of your account and control over any user names, passwords, or any other codes that you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of NFTs held in your account and any associated accounts, including your linked bank account(s) and credit card(s). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately and provide all relevant details.
• You confirm that You agree that we may send you agreements, disclosures or other relevant information and agree to keep Your contact details, email address and phone number updated.
• You confirm that fees are paid by the User. They are included in the final price.
• You confirm that You understand that NFTs initially can not be transferred or traded.
• You confirm that You understand that Kallis do not provide any refund or transaction withdrawal.
• When performing the checkout you are asked to and will give your explicit consent by ticking the “accept” checkbox that you
  1. Accept these terms of use
  2. Accept our privacy policy
  3. Accept to waive any withdrawal rights and that NFTs you buy are non-refundable

Intellectual property risks

Intellectual Property. Content of the Website, including design, graphics, images, text, code, domain, database rights and other copyrights, such as the brand name Kallis, are intellectual property of AveoTech OÜ. Such content may not be edited, made into derivative works, be reproduced, distributed or displayed for any other purposes than provided in these Terms, unless provided otherwise by applicable law. Kallis is a registered Estonian Trademark of AveoTech OÜ, a Estonian-incorporated company, Commercial registry number: 16565098, Address: Madara 10, Tallinn 10612.

Copyright Policy

Since we respect artist and content owner rights, it is the Company’s policy to respond to alleged infringement notices that comply with the Estonian Copyright Act. (https://www.riigiteataja.ee/en/eli/525112013002/consolide) If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Us at [email protected] as set forth in the Estonian Copyright Act. For your complaint to be valid under the Estonian Copyright Act, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;y
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Kallis to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Governing Law

The regulatory status of NFTs is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to NFTs may be implemented, which would directly or indirectly affect or restrict the services we provide to You. In particular, note that:
You are responsible for determining whether the use of or purchase of NFTs via any of Our services is legal in your jurisdiction and You shall not use any of Our services if illegal in Your jurisdiction. If you are uncertain, please seek independent legal advice.
We may be forced to suspend or discontinue or to change certain aspects of Our services in some jurisdictions, if required by the relevant regulators and/or laws, and this without notice and for whatever reason. In such instances, Your User account will be disabled.

Limitation of Liability

Each User is liable for and must compensate to Kallis any and all damages, which arise from the activities of the User. Kallis is liable for and must compensate to Users only direct monetary damages caused Kallis intentionally or due to gross negligence. Kallis will not be liable for any damages caused by third parties or by circumstances outside the control of Kallis (force majeure). Among others, Kallis will not be responsible for the failings of third party banking and financial institutions, Kallis business partners (e.g. credit card payment processors etc), including but not limited to instances of personal data breaches or hacked/lost Assets and/or funds, which may arise on their part. The limitations or exclusions of liability prescribed in this section will not apply in case such limitation or exclusion is not permissible under applicable law.

Prohibited Use

Users may not use the Service for unlawful purposes, including but not limited to money laundering, terrorist financing, fraud and other illegal activities. The Service will be offered , with the exception of high-risk countries, see URL for up-to-date list, which at the time of writing includes: Albania, Afghanistan, the Bahamas, Barbados, Bosnia and Herzegovina, Botswana, Burkina Faso, Cambodia, Cayman Islands, Ethiopia, the Democratic Republic of Korea, Ghana, Guyana, Haiti, Iran, Jamaica, Jordan, Laos, Mauritius, Mongolia, Morocco, Myanmar, Nicaragua, Laos, Pakistan, Panama, Senegal, South Sudan, Sri Lanka, Syria, the Philippines, Trinidad and Tobago, Tunisia, Uganda, Vanuatu, Yemen, Zimbabwe. See also combined list of EU, FATF & other here:

https://ec.europa.eu/info/business-economy-euro/banking-and-finance/financial-supervision-a nd-risk-management/anti-money-laundering-and-countering-financing-terrorism/eu-policy-hi gh- risk-third-countries_en and https://www.fatf-gafi.org/publications/high-risk-and-other- monitored-jurisdictions/documents/ call-for-action-october-2021.html

In addition, the Service will not be offered to the U.S. Persons, which are defined as either U.S. residents or U.S. citizens. For a comprehensive list of jurisdictions where we operate, please note that Kallis has the right to terminate the provision of Service to the User and bring legal action against the User if such activities are detected or suspended.

Third Party Content

The information presented on or through the Services is made available solely for general information purposes. Kallis does not take responsibility for the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. Kallis disclaims that all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other Users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Kallis, are solely the opinions and the responsibility of the person or Entity providing those materials. These materials do not necessarily reflect the opinion of Kallis and We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

Third Party Delays or Errors

Kallis will take no responsibility for any delays or errors in the provision of the Services, including, but not limited to, delays in the purchase of NFTs for you from a third party, including if such delays or errors are caused by you, your service provider (e.g., your bank), your internet connection or internet service provider.

Dispute Resolution

You agree that if there should be any dispute between You and Kallis, You will directly contact Kallis in a good faith to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action. After the informal dispute resolution process, any remaining dispute, controversy, or claim relating in any way to Your use of the Kallis services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim, except as permitted herein. You and the Company agree that any Claim will be settled by final and binding arbitration, using Estonian language in the Tallinn City Court.
The notice about any claim must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to this User Agreement otherwise you shall be bound to arbitrate disputes in accordance with this User Agreement, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

Severability

If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

Termination

We reserve the right to terminate Your access, or use Kallis Services or the Site at any time and for any reason. You confirm that You understand and agree that we shall have no liability or obligation to You in these circumstances.

Waiver Agreement

The NFT will get minted once payment is confirmed and transferred directly to the Users’ Non- custodial wallet. User explicitly agrees to waive withdrawal rights from the transactions (no refunds or chargebacks allowed). Payment is only possible in Euro (non cryptocurrencies involved) and NFTs initially cannot be transferred or traded.

Entire Agreement

These Terms of Use consist of the entire agreement between You and Kallis, in relation to Your access to and use of our Services, Products, Site and also Your rights and responsibilites. These Terms of Use are intended only for the benefit of the parties and not intended to confer third party beneficiary rights upon any other person or enity. The Terms of Use replaces any and all further discussions and agreements, and understandings of any kind.

Contact Information

If you should have any concern related to the fraudulent activity on Your account, or You would like to provide feedback, or You would like more information about our Company, or in any other matter, please feel free to contact us via email [email protected].

How We Use Your Personal Data

It is a regulatory requirement for Kallis to collect Your Personal Data. However, it also helps Us to provide You with a positive user experience, protect You from fraud and mitigate the risks related to Our products and services.

How We Share Your Personal Data

Your privacy is important to Us and Your personal data will not be shared with third parties unless it is necessary for business purposes, in some circumstance for the fraud prevention and detection, for security reasons, to fulfill regulatory requirements, to help Our support team, in some cases for the advertising and data analytics purposes, for transaction monitoring and information technology. In the cases where third parties are obliged to collect Your data in order to provide their services.