KALP WALLET
TERMS & CONDITIONS OF USE

‘Kalp Wallet- Terms and Conditions of Use’, contains terms and conditions (“Terms”) that constitute a legally binding agreement by and between, Kalp Digital Infra, a company incorporated under the companies act 2013, (“Company” or “We”), and each end user (which includes a visitor/surfer) (“You”, “you” or “user”) of Kalp Wallet (“Kalp Wallet”). Currently, Kalp Wallet is only available as a mobile application and not hosted on any website.

THE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY.

BY ACCESSING THE KALP WALLET OR BY SUBMITTING A REQUEST TO TOKENISE ANY ASSET AS DIGITAL POST/ASSET ON THE KALP WALLET, YOU ARE DEEMED TO HAVE READ, ACCEPTED, EXECUTED, AND AGREED TO BE BOUND BY THE TERMS AND THE OTHER TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PROVISION OF THE TERMS, YOU SHALL NOT USE/ACCESS KALP WALLET IN ANY MANNER.

⦁ SERVICES AND ELIGIBILITY

  • Kalp Wallet is a self-custodian digital wallet operated by the Company based on the blockchain network KALP, a regulated blockchain ecosystem which implements a permissioned, KYC-verified structure bringing accountability to the network (“KALP DLT”).
  • Kalp Wallet is a self-custodian digital wallet operated by the Company, wherein the users of Kalp Wallet can manage, transfer or save the tokenised assets (“Kalp Assets”).
  • The Kalp Wallet has been made available solely for the people who have registered on the Kalp Wallet as users by satisfying the eligibility criteria detailed under Clause [*] and completing the signup process on the Site. (“Registered Users”). A visitor or surfer of the Kalp Wallet being an unregistered user shall also comply with all the applicable provisions of the Terms including but not limited to, the eligibility criteria below. The Company shall not allow any unregistered user to post, create or upload any Kalp Assets and follow any users on Kalp Wallet.
  • The interaction between the Registered Users on Kalp Wallet would be governed by the Company and in case of any dispute arising out of or in connection with a transfer or interaction between Registered Users on Kalp Wallet, the decision of the Company shall be binding on all the parties.
  • By accessing Kalp Wallet, you agree and warrant that:
    • You are at least 18 years old;
    • You are capable of entering and authorized to enter into a legally binding agreement;
    • All information that you post on Kalp Wallet or provide to us is true and accurate;
    • You have the authority and capability to enter into this agreement and to abide by all the provisions of the Terms;
    • You are not impersonating any person or entity;
    • You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the UK Treasury, US Office of Foreign Assets Control (OFAC), United Nations Security Council, European Union, any EU country, or any governmental or inter country authority;
    • You are not currently suspended or banned by the Company from accessing Kalp Wallet;
    • You are not a politically exposed person;
    • The jurisdiction in which you are situated does not prohibit you from using Kalp Wallet;
    • You are compliant with all the applicable laws which includes but are not limited to money laundering laws, taxation laws, securities laws, competition laws, foreign exchange laws and anti-terrorism laws.

    ⦁ Registered User’s Accounts

    ⦁ An account shall be created on Kalp Wallet for every Registered User after satisfying the onboarding Process (“Account”). Such an Account shall have an associated blockchain address (unique identity).

    ⦁ By registering on Kalp Wallet you understand that the Company reserves the right, in its sole discretion, to deny you access to Kalp Wallet or any portion thereof without notice for the following reasons: (i) any unauthorized access or use by you; (ii) if you violate any provision of the Company’s policies which includes the Terms, Privacy Policy, or any other policy enacted and posted by the Company from time to time; (iii) a direction from any governmental authority; (iv) if the Company is of the opinion that your Account is being used for immoral or unlawful purposes or the transaction being made through your Account are suspicious; or (v) you fail to adequately respond to the Company’s intimations or queries raised with respect to your Account.

    ⦁ You agree and understand that you are responsible for assets on Kalp Wallet, tokenized and stored in your Wallet and the Company shall not have any responsibility for such content, including its originality, legality, reliability, accuracy and appropriateness. The Company shall always have the authority to remove any or all of your Content from any of the Company’s platforms if such Content has violated the principles of the Company’s Content Security Policy.

    ⦁ You represent and warrant that you have obtained all rights, licenses, authorities, and consents over the assets that you request to tokenize through your Account and shall continue to have all the associated rights in the same. However, by accessing Kalp Wallet and requesting tokenization of your assets on the Company’s platform, you grant the Company and its affiliates, assignees, licensees, agents, and contractors, the right to share, post, advertise, publicize, transmit, host, use, modify, reproduce, transmit, broadcast, distribute, access, use, display, publish, distribute, adapt and modify such assets in the manner as the Company deems fit. This usage right of your Content shall be in the form of a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license.

    ⦁ WALLET CREATION AND IMPORT

    ⦁ Registered users create a Account through Wallet for the Kalp DLT Registered users created a Wallet account on the kalp , subject to following the provided instructions.

    ⦁ The wallet creation process must require users to set device specific password, generate and verify a seed phrase for Account creation purposes.

    ⦁ Registered Users can import an existing wallet using a seed phrase from wallet service compatible with Kalp DL. Post verification of the seed phrase provided by the Registered User.

    ⦁ The Company reserves the right to refuse or suspend the wallet creation or import requests that do not comply with the specified procedures or security standards.

    ⦁ Biometric and Password Authentication

    ⦁ Registered Users can unlock their Kalp Wallet Account using either biometric authentication or a device-specific password (“Authentication Method”). Biometric authentication availability may depend on the capabilities of the Registered User’s device and the settings enabled.

    ⦁ Registered Users shall be responsible for choosing and maintaining the security of their chosen Authentication Method and shall ensure that their device’s Authentication Method is securely stored and used only by authorized individuals.

    ⦁ In case of loss of access to the Account by the Registered User due to Authentication Method failure, Registered User may reset their Account password using the seed phrase associated with their wallet Account, authenticated by either of the Authentication Method.

    ⦁ Registered User may initiate a recovery process to reveal their seed phrase for Account recovery purposes, by authenticating through the enabled Authentication Method. It is the user's responsibility to ensure that the seed phrase is accessed and used only in cases of genuine account recovery needs and not shared with unauthorized individuals. By initiating the recovery process and revealing the seed phrase using the enabled Authentication Method, users consent to the processing and transmission of their data as outlined in Kalp Wallet's Privacy Policy.

    ⦁ Registered Users must ensure that their device's enabled Authentication Method is securely stored and not accessible to unauthorized parties. The Company or Kalp Wallet is not liable for any unauthorized access, data breaches, or losses resulting from users' failure to secure their wallet password, biometric authentication, or device.

    ⦁ Generation of the QR Code

    ⦁ Registered Users can generate QR Codes for their wallet addresses within Kalp Wallet, facilitating seamless transactions by enabling easy sharing and scanning of QR Codes.

    ⦁ QR codes generated by Kalp Wallet are intended solely for facilitating transactions on the Kalp and should not be used for other purposes unless explicitly authorized by Kalp Wallet. Registered Users agree not to alter or tamper with QR codes generated by Kalp Wallet to ensure the integrity of transaction information.

    ⦁ Registered User shall be responsible for securely storing and protecting the QR code generated for their wallet address to prevent unauthorized access or misuse.

    ⦁ Test Network “Ginni” and Transactions

    ⦁ Kalp Wallet enables Registered Users to receive test network utility tokens (“Ginni”) exclusively for transactions and testing purposes on the Kalp Test Network. Registered Users can receive Ginni into their Kalp wallet Account by providing their wallet address to senders or scanning a QR code provided by the sender.

    ⦁ Transactions involving Ginni are processed on the Kalp and are subject to network conditions and transaction fees applicable to the test environment. Users are responsible for ensuring the accuracy of the wallet address provided to senders for receiving Ginni.

    ⦁ Kalp Wallet assumes no liability for any losses, damages, or disputes arising from transactions involving Ginni, including transaction errors, network failures, or unauthorized access. By receiving Ginni into Kalp Wallet, users consent to the processing and transmission of their data as outlined in Kalp Wallet's Privacy Policy.

    ⦁ Viewing Wallet Account Balance and Transaction

    ⦁ Kalp Wallet allows Registered Users to view the wallet Account balance for Ginni. Registered Users can access the Ginni balance directly within Kalp Wallet reflecting all received and sent transactions.

    ⦁ Registered Users can view transactions performed on their device post-installation of Kalp Wallet. Further details of the transactions like amounts, timestamps, sender/receiver wallet addresses, and transaction statuses (confirmed, pending, etc.) can also be viewed.

    ⦁ Transactions not directly performed on the user's device can be viewed through Kalp Explorer, providing a comprehensive transaction history across the Kalp.

    ⦁ Connecting Decentralized Applications

    ⦁ Registered Users may connect to Decentralized Applications (“DAPPs”) on the Kalp by enabling them to access and interact with various DAPPs through Kalp Wallet by scanning the QR Codes of such DAPPs. Access and interaction with DAPPs through Kalp Wallet are subject to compatibility with the Kalp and availability of the DAPP.

    ⦁ The Company may require the Registered Users to verify the authenticity and reliability of each DAPP before connecting with it through Kalp Wallet.

    ⦁ Kalp Wallet allows Registered Users to send Ginni to DAPPs connected by the Registered User and Account on the Kalp. Registered Users can initiate transactions by entering the recipient's wallet address or scanning the QR code within Kalp Wallet.

    ⦁ Kalp Wallet does not guarantee the availability, functionality, or performance of external DAPPs. Users acknowledge that DAPPs may have their separate terms of service and privacy policies, which they must review and agree to before using the DAPPs through Kalp Wallet.

    ⦁ Kalp Wallet is not liable for any losses, damages, or disputes arising from interactions with DAPPs, including but not limited to financial losses, data breaches, or disputes with DAPP providers.

    ⦁ By connecting to DAPPs through Kalp Wallet, users consent to the processing and transmission of their data as outlined in Kalp Wallet’s Privacy Policy.

    ⦁ Forbidden Actions

    In pursuance of your using Kalp Wallet, you affirm that you will not:

    1. (i) Supply any information which is inaccurate, erroneous or misleading.
    2. (ii) Be a part of any transaction that involves any illegal activity.
    3. (iii) Try to deliberately defraud (or assist to defraud) the Company or any of its users or suppliers.
    4. (iv) Tamper with or alter or attempt to tamper/alter the display and characteristics of the algorithm and/or use the algorithm for any fraudulent or mischievous activities.
    5. (v) Contravene (or assist anyone in contravening) any law, ordinance, statute, rules or regulations that are in force and are applicable to you.
    6. (vi) Seek to gain access to any of the user’s accounts, services or networks of the Company without due authorization.
    7. (vii) Utilize the services of the Company to do any act which will be detrimental to the Company, its users, suppliers or any other third party.
    8. (viii) Infringe the intellectual property rights or the privacy of the Company, users, its suppliers, or any third party.
    9. (ix) Transfer or exhibit any photos, videos, texts or any other media that will be illegal, violent, obscene, pornographic or any other material over which someone else holds a copyright.
    10. (x) Contravene any public interests, morals or the true interests of others including any actions that would interfere with or negatively affect or prevent other users from accessing Kalp Wallet.
    11. (xi) Upload, send or distribute to or through Kalp Wallet any computer viruses, worms or any software meant to damage or modify a computer system or data.
    12. (xii)Interfere with, disrupt, or create extreme pressure on servers or networks related to Kalp Wallet, or contravene their policies or procedures.
    13. (xiii) Try to reverse engineer, decompile, disable, copy, or disrupt the integrity or performance of Kalp Wallet.
    14. (xiv) Use Kalp Wallet in order to build a competitive product or service or take any ideas, features, or media from Kalp Wallet for the purpose.

    Enforcement: By using the services of the Company, you agree that the Company reserves the right to probe any violation of any of the Terms. If you are found guilty of a violation, the Company also has the right to take appropriate actions under appropriate regulations without your consent or prior intimation.

    ⦁ ASSUMPTIONS OF RISK

    ⦁ General Assumptions of Risk:

    • ⦁ The Company will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on Kalp Wallet. The Company does not represent or warrant that any content on Kalp Wallet is accurate, complete, reliable, current or error-free.
    • ⦁ You acknowledge that any transfer of Kalp Assets must be with the knowledge and assumption of the risk that the Kalp Assets may subsequently be removed from Kalp Wallet as a consequence of a claim of an infringement of the policies of the Company. The Company will not, under any circumstance, be held liable to you for removing infringing works from Kalp Wallet.
    • ⦁ The Company declares that the applicable regulatory landscape governing blockchain technologies, cryptocurrencies and other digital assets is uncertain and the issuance of new regulations, directions, judgements, adaptations by the legal authorities may have an adverse impact on the functioning, development and value of the Kalp Assets. The Company shall not be responsible for any legal action or loss that you suffer due to your use of Kalp Wallet.
    • ⦁ The Company makes no warranty that the services provided through Kalp Wallet will meet your requirements, or that Kalp Wallet will be uninterrupted, timely, secure, or error-free. This includes loss of data or any service interruption caused due to any reason whatsoever. The Company is not responsible for transmission errors, corruption of data.
    • ⦁ Under no circumstances, the operation of all or any portion of Kalp Wallet will be deemed to create a relationship that includes the provision or tendering of investment advice.
    • ⦁ The Company shall act within the bounds of the applicable laws. The Company endeavours to abide by the AML and CTF standards set by the FATF and hence, may report the suspicious financial transactions done by you on Kalp Wallet to the appropriate authorities.

    ⦁ Risks of smart contracts and blockchain technology

    • ⦁ Kalp Wallet utilizes experimental smart contract and blockchain technology which is a novel and evolving concept. There may be developments that compromise the functioning of these technologies and the Company disclaims all the liabilities in this regard.
    • ⦁ The user accepts the inherent security risks of providing information and conducting business over the Internet, and acknowledges that the Company assumes no liability or responsibility for any such failures, risks, or uncertainties, nor for any communication failures, disruptions, errors, distortions or delays that the user may experience when using Kalp Wallet, however so caused.
    • ⦁ Kalp Wallet may experience or be the target of sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the platform.
    • ⦁ The user acknowledges that the smart contracts once executed over the blockchain are permanent and immutable and there shall be no cancellation or refund of any transaction that has once been executed through the smart contract.

    ⦁ AMENDMENT TO THE TERMS

    Any changes to be made to the Terms will be effective once published on the website or upon release to the users of Kalp Wallet. Your continuous use of Kalp Wallet or the services available therein is considered your acceptance of such amended terms. If you do not agree to any amendments in the Terms, you must stop using Kalp Wallet effective immediately. Frequent viewing of the Terms is recommended for a better understanding of the Terms that apply to access and use of Kalp Wallet.

    ⦁ PROHIBITION OF USE

    Upon the access and use of Kalp Wallet, you represent and confirm that you are not a part of any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), etc. The Company reserves the right to decide markets and jurisdictions to conduct business and may restrict or prohibit, as per discretion, the use of Kalp Wallet in certain countries or regions.

    ⦁ DISCLAIMER

    • ⦁ Kalp Wallet is provided by the Company on an “as is” and “as available” basis and the Company makes no representations or warranties of any kind, express or implied, as to the operation of Kalp Wallet or the information, content included on Kalp Wallet. You expressly agree that your use of Kalp Wallet is at your sole risk. The Company reserves the right to withdraw or delete any information from Kalp Wallet at any time at its discretion.
    • ⦁ You agree that your use of Kalp Wallet shall be at your sole risk. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with Kalp Wallet and your use thereof.
    • ⦁ We have exerted reasonable efforts to ensure that all information published on Kalp Wallet is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on Kalp Wallet at our sole discretion.
    • ⦁ We shall make best endeavours to ensure that the services provided on Kalp Wallet are error-free and secure, however, neither the company nor any of its partners, licensors or associates makes any warranty that (i) Kalp Wallet will meet users' requirements; (ii) Kalp Wallet will be uninterrupted, timely, secure, or error-free; (iii) the quality of Kalp Wallet, information, or other material that users obtain through Kalp Wallet will meet users' expectations.
    • ⦁ To the extent permitted by law, the company shall not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages, whether arising from or relating to these platform terms, Kalp Wallet, our content or third-party materials, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if the company has been advised of the possibility of such damages.
    • ⦁ To the fullest extent permissible by law and notwithstanding anything to the contrary contained in the Terms, in no event shall the maximum aggregate liability of the company exceed USD 1000.
    • ⦁ Your use of Kalp Wallet and/or purchase of any media and/or Kalp Asset does not constitute any form of partnership/venture/investment/unit subscription/ voting share/collective investment/financial assistance or any other collaboration between you and us. Buying a Kalp Asset doesn’t entitle you to any rights in Kalp Wallet and the Company or any of its assets.

    ⦁ PRIVACY POLICY

    • We respect the privacy of every individual and endeavor to establish best practices while processing personal data which is collected, transferred, collated, and accessed by us.
    • At the time of your registration/sign-up and during your use of our platform, we collect data, information which may be personal or sensitive personal data. The information is processed according to the category of data and in compliance with the applicable data privacy laws.
    • Any information that is collected by us is used for a specific and legal purpose in accordance with our Privacy Policy, which is available at .

    ⦁ INDEMNIFICATION

    You shall fully indemnify, defend and hold harmless the Company its affiliates and its employees and directors, from and against any and all liability, claims, demands, actions, damages, costs, expenses, proceedings or investigations, whether judicial or administrative in nature, and/or other losses of any kind whatsoever (including, without limitation, reasonable attorneys' fees) (hereinafter referred to as the “Claims”), of whatever type and nature which shall be caused (directly or indirectly) by, arising out of, or in any manner be connected with the following:

    • Any breach of the Terms or any other terms and policies of the Company incorporated in the Terms by reference;
    • Any violation of applicable, state or local laws or regulations by you including claims by government, regulators or agencies for fines, penalties, sanctions or other remedies arising from or in connection with your failure to comply with its regulatory/legal requirements and compliances;
    • Taxes/charges/cess/levies (and interest or penalties assessed thereon) against the Company that is your obligation;
    • Inaccuracy or incompleteness of any Account information, Content or other information provided or submitted by you in connection with your use of Kalp Wallet.

    ⦁ ARBITRATION

    All or any disputes, controversy or claim, arising out or touching upon or in relation to the Platform Terms, including the interpretations and validity of the terms hereof and respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through Arbitration of a sole Arbitrator appointed mutually by the Parties. The Arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The Seat and Venue of the Arbitration shall be in New Delhi, and the arbitration shall be conducted in English language.

    ⦁ MISCELLANEOUS

    • Waiver: The remedies herein reserved shall be cumulative, and in addition to any other remedies provided at law or equity. Any failure by the Company to enforce or insist upon strict compliance with any provision of the Terms shall not be deemed to constitute a waiver of rights to demand strict compliance with the terms hereof. No waiver of any term or condition of the Terms shall be deemed or construed to be a waiver of any subsequent such term or condition in the future.
    • Severability: Each of the provision of the Terms is separate and severable from the other. Any provision which is invalid or unenforceable, shall be ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof.
    • Entire Agreement: The Terms and the terms and conditions set out in these Platform Terms by reference, constitute the entire agreement between the user and the Company with respect to the subject matter hereof.