T&C

Acceptance This User Agreement ("Agreement") is a contract between you and Kingstel Express Limited of ................................. or its affiliate as the case may be ("KingstelPay/Us/We"),), a private limited liability company incorporated in Nigeria, and shall apply to anyone who uses the KingstelPay application, any associated websites, retail products and/or services (the "KingstelPay App and Services"). By using the website, ..........................................., and any associated websites, APIs, mobile applications, or retail products and/or services (collectively the "KingstelPay Site & Services"), you agree to be legally bound to this Agreement and you hereby undertake all that you have read, understood, and accept all the terms and conditions contained in this Agreement all policy and notes stated on all pages of the KingstelPay Site. This Agreement is legally binding and regulates your use of the KingstelPay App and Services. Please read its terms carefully before registering your account because they affect your legal rights and obligations. If you do not agree with any of the terms contained herein, kindly refrain from using the KingstelPay App and Services. We are constantly improving the Services, and periodically we will need to revise or amend the Terms. Accordingly, we reserve the right to amend the Terms at any time for any reason without notice to you. The revised version will be effective at the time we publish it on our website or within the Application with the “Last Modified” date provided at the top of the Terms. Continuing to use the Services will constitute your acceptance of this Terms, as revised. If you do not agree to the revised Terms, do not use or access the Services. 1. DEFINITION AND INTERPRETATION 1.1. Interpretation In this Agreement, unless the context otherwise requires: The headings are inserted for convenience only and shall not affect the construction of the Clauses in this Agreement; References to persons include reference to natural persons, firms, franchises, companies, corporations, associations, organizations and trusts, their respective lawful permitted successors, assigns or transferees, in each case whether or not having a separate legal personality 2.1. Definition In this Agreement, the following words and expressions shall have the following meaning "Digital Currency" or "Digital Currencies" means any and all supported virtual currencies, cryptocurrencies, and digital assets offered through KingstelPay Site & Services. "Kingstel Wallet" means the Digital Currency wallet(s) that KingstelPay provides as a service for you to store, send, and receive Digital Currency. "Personal Wallet" or "Personal Wallet Address" means the public key of any Digital Currency wallet to which you request KingstelPay to send purchased Digital Currency or Digital Currency stored in your Kingstel Wallet. "Buy Price" means the price, in any fiat currency or Digital Currency, at which you may buy a supported Digital Currency from KingstelPay. "Sell Price" means the price, in any fiat currency or Digital Currency, at which you may sell a supported Digital Currency to KingstelPay. “Eligible Account” means an account or user who meets the criteria and conditions stipulated by Kingstelpay and has successfully passed through the Kingstel identity verification and sanction screening procedure, as mentioned in Paragraph 2.3 below. "Exchange Rate" means, same as either Buy Price or Sell Price, the price of a supported Digital Currency given in any fiat currency or Digital Currency as quoted by KingstelPay. "Purchase Order" or "Purchase Orders" means any purchase of Digital Currency from KingstelPay. A Purchase Order is considered active and open when submitted. A Purchase Order is considered completed and closed when your Kingstel account has been debited, and the Digital Currency has been sent to your Kingstel Wallet or Personal Wallet. "Sale Order" or "Sale Orders" means any sale of Digital Currency to KingstelPay. A Sale Order is considered active and open when submitted. A Sale Order is considered completed and closed when your Kingstelpay Wallet is debited, or Digital Currency has been received, and your Kingstelpay account has been credited. "KingstelPay" means, collectively, KingstelPay's website, and any associated websites, APIs, and mobile applications. "Kingstel Services" means any and all products and services offered by Kingstel, including, but not limited to, the Crypto Exchange, KingstelPay, Stock offering, Over-the-Counter Crypto Trade, B2B API services and others. "Funding Method" or "Funding Methods" means any and all methods of funding a KingstelPay account offered by Kingstelpay, including, but not limited to, KingstelPay Card gift cards, PINs, sending Digital Currency to your KingstelPay Wallet, credit or debit card, bank transfer, and third-party funding services. "Service Fee" or "Service Fees" means any costs and/or fees Kingstelpay charges for performing any of the KingstelPay Services. "Permitted Jurisdiction" means any country, state, or jurisdiction in which Kingstelpay expressly permits the use of Kingsley Services. Any other country, state, or jurisdiction not expressly permitted is to be considered restricted or unavailable. "Kingsley Merchant" means any KingstelPay merchant, agent, location, store, or other third-party entity that offers KingstelPay Services and Funding Methods, including, but not limited to, KingstelPay gift cards, KingstelPay PINs, and KingstelPay account top-up and disbursement. 2. GENERAL USE 2.1. Eligibility To use our application and services you must be at least 18 years of age or have attained the relevant age of majority as contained in applicable laws, with full legal capacity to accept this Agreement and enter into any transaction on the Site. If as a parent or guardian, you become aware that your child or ward child has provided us with any information without your consent, please contact us through details on the Privacy Policy. Your eligibility to access certain Kinsgstel App and services also depends on the country in which you reside, and the countries that KingstelPay operates in (“Operating Country”). Use of the Site and Services To use the KingstelPay Site & Services, you are required to open a KingstelPay Account and affirm your acceptance of this Agreement. KingstelPay may, at our sole discretion, revoke account registrations, suspend, or limit access to your KingstelPay Account and/or the KingstelPay Services and/or limit the number of KingstelPay Accounts a single user may establish and maintain at any time if you are suspected to be in violation of this Agreement or for any other reason deemed necessary. You may be required to provide information to identify yourself including your legal name, phone number, e-mail address, physical address, date of birth, government Identification Document, and information regarding your bank account (e.g., financial institution and account number) in compliance with applicable regulatory requirements and the detection of money laundering, terrorist financing, fraud, or other financial crimes. You may also be required to provide additional documents in compliance with regulatory requirements, to increase account limits or as may be deemed necessary. By submitting these or any other personal information as may be required, you confirm that the information provided is accurate and authentic, and you agree to update KingstelPay if any information changes and further consent to KingstelPay to directly or through third parties, make any inquiries we consider necessary to verify your identity and/or protect against fraud or other crimes. You further authorise any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit KingstelPay to keep a record of such information for the lifetime of your account plus seven (7) years beyond account closing. Account Security. KingstelPay shall maintain appropriate organisational and technical measures to ensure customer data security, confidentiality, and integrity. However, you acknowledge and accept that you are entirely responsible for protecting your account information and any information relating to KingstelPay Site & Services, including, but not limited to, your password, email address, telephone number and KingstelPay PINs,. You are aware of phishing and spoofing attacks carried out through email and SMS, and you will carefully review Communications to ensure they are legitimate and originate from KingstelPay. KingstelPay assumes no responsibility for any loss that may be sustained due to a compromise of your account, your personal information, or failure to follow Communications delivered to you, or damages or interruptions caused by computer viruses, spyware, or other malware that may be contained in phishing attacks and messages. Always access your KingstelPay account directly through the KingstelPay Site to prevent unauthorised access to your account. If you believe your KingstelPay account has been compromised, you are uncertain about a message, or you suspect a phishing scam, please report the situation immediately to ............................................ Hacking. You represent and warrant that your use of the KingstelPay Services and interactions with third parties comply with all applicable laws, regulations, and sanctions programs, among other legal or government mandates and requests. You agree not to attempt to damage, deny service to, hack, crack, exploit, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site, the App, the Content and/or any other resources and services operated by KingstelPay, in any manner. Customers who engage in this activity may have their accounts closed without notice and be banned from the platform. The Customer will be reported to relevant law enforcement authorities and prosecuted in accordance with applicable law. KingstelPay may also pursue civil claims against these Customers. KingstelPay reserves the right to, at its sole discretion and without notice, block any transactions or suspend or permanently close any account believed to violate any of the above or a risk to KingstelPay. Any automated means of accessing the KingstelPay Services not approved and provided by KingstelPay is expressly prohibited. 4.3 Account Suspension and Permanent Closure. KingstelPay may suspend, restrict, or permanently close your KingstelPayrd account for any reason deemed necessary, including, but not limited to, a court or authorised governmental agency order; suspicion of prohibited use; heightened legal or regulatory risk to KingstelPay; abuse of the KingstelPay account, system or promotions; or inability of our partners to support your KingstelPay account. You acknowledge and accept that KingstelPay is not required to notify you of our actions or the reasoning and that the decision may be based on confidential criteria and information. Please contact .................................. to retrieve your KingstelPay from a permanently closed account. You may close your KingstelPay account at any time by contacting ..................................... Limited License and Relationship. KingstelPay grants you a limited, revocable, non-exclusive, non-transferable license, subject to this Agreement, to access and use KingstelPay Site & Services. Any unapproved or unpermitted use of KingstelPay Site & Services is expressly prohibited. You agree you will not copy, distribute, license, modify, publish, reverse engineer, sell, transmit, or in any other way exploit the works or content of KingsleyPay Site & Services in whole or part. Violating any portion of this Agreement may result in the termination of your KingsleyPay Card account. Third-Party Links. KingsleyPay may, for your convenience, provide links to third-party websites and materials not controlled by us. References to third-party content are not considered an endorsement. You acknowledge and accept that KingstelPay is not responsible for any losses incurred due to action taken in response to or reliance on the information, services, or other materials contained in any third-party websites accessible from or linked to the KingstelPay Site. Accuracy of KingstelPay Information. KingstelPay strives to provide accurate and updated information on Digital Currencies, KingstelPay Services, and other information on the KingstelPay Site. You acknowledge and accept that information on the KingstelPay Site, including, but not limited to, information on supported Digital Currencies, may not always be entirely accurate, complete, or current and may contain typographical errors. KingstelPay may change or update information on the KingstelPay Site, including, but not limited to, information regarding its policies and KingstelPay Services, without notice to you. You should independently validate and verify any information on the KingstelPay Site before relying on it, and KingstelPay shall have no liability for decisions based on information found on the KingstelPay Site. Taxes. You acknowledge and accept that it is your sole responsibility to comply with any tax laws in your jurisdiction arising from the use of KingstelPay Services or Digital Currencies and to report and remit those taxes to the appropriate authorities. Unclaimed Property. Funds held in your KingstelPay account may be considered unclaimed if KingstelPay cannot contact you and has no record of your use for several years. KingstelPay may be required by law to report and deliver these funds to the jurisdiction as unclaimed property. As permitted by law, KingstelPay reserves the right to deduct a dormancy fee or other related charges from unclaimed funds. 3. RISK AND DISCLAIMER Before using the Kingstel App or Services, you should ensure that you understand the risks involved in buying, selling or trading Digital Currencies or Digital Assets as such markets are known to be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. You understand that while "Digital Currencies" refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form, "Digital Assets" refer to Digital Currencies, their derivatives, or other types of digitalized assets with a certain value", which may or not be regulated in your jurisdiction. You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or trading Digital Assets or Digital Currencies. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with cryptocurrency. Under no circumstances does any information contained on the KingstelPay Site, or provided to you through your KingstelPay Account or by any employee, agent or affiliate of KingstelPay, constitute financial, investment or other professional advice. You are solely responsible for any decision to store, buy or sell cryptocurrency, and such decisions should take into account your risk tolerance and financial circumstances. 4. KINGSTELPAY SERVICES General. KingstelPay Services may evolve from time to time. We may at our sole discretion change, replace, suspend or discontinue temporarily or permanently any of our Services at any time for any reason whatsoever, with or without notice to you. You may be restricted from using any of our Services that have been discontinued until such Service is reactivated by us. If the Service is permanently discontinued, we may, at our sole discretion, notify you through our website or other means as we deem appropriate. Access to our services. With specific reference to Clause 2.1 above, Eligible Accounts in permitted jurisdictions may access and use our Services through the KingstelPay Site & Services. A user must have met the standard verification criteria during the registration of a Kingstel Account (which may from time to time be determined by KingstelPay) as a condition to been allowed, at our sole discretion, to interact with our products and services but with reasonable restrictions, which may include but are not limited to restrictions on (1) sending Funds or Digital Currency to an external wallet hosted by a third party; (2) sending Funds or Digital Currency to another KingstelPay user; (3) withdrawing Funds or Digital Currency from KingstelPay etc. KingstelPay reserves the right to delay or deny Kingstel Services to anyone if it believes, at its sole discretion, a risk of illegal activity, fraud, and/or money laundering. Exchange rate. You confirm your understanding that the Buy Price and Sell Price of a supported Digital Currency may not remain static and may fluctuate from time to time. You agree to accept our Exchange Rate as the sole pricing metric in using KinstelPay Site & Services. If you choose to buy any Supported Digital Currency with any fiat currency other than the U.S. dollar, you agree to accept the foreign currency exchange rate ("Forex Rate" or "FX Rate") that KingstelPay provides for conversion to USD or any other applicable currency. Service availability. KingstelPay does not guarantee the availability of any KingstelPay Services at any given time and reserves the right to limit access to features based on jurisdiction and any other reason. Account Limits. Your account may be subject to transaction and volume limits while using all KingstelPay Services. You may view and increase your limits from your KingstelPay account under the "Limits" tab. If you require limits beyond the current amounts, please ................................................... KingstelPay may, at its sole discretion, review the applicable limits associated with your account and/or may require additional information to verify your account. KingstelPay may, at its sole discretion, refuse to raise your account limits even if you have submitted all required information. Any attempt to circumvent your account limits will be considered a violation of this Agreement and may result in the suspension or permanent closure of your KingstelPay account. KingstelPay reserves the right to charge you/account any costs and/or fees associated with verifying your information. KingstelPay will notify you in advance of any such charges accruing on your account. Service Fees. All KingstelPay Services may be subject to Service Fees. These Service Fees will be displayed to you on the KingstelPay Site before confirming a transaction. You may view applicable fees to your Funding Method and location on our fee structure page (https://.........................../). When funding your account via a KingstelPay Merchant in select jurisdictions, the KingstelPay Merchant may add additional service fees to the transaction. KingstelPay reserves the right to, at its sole discretion, change its fee structure. KingstelPay may periodically make fee waivers and discounts available through promotions or other events for any reason. You acknowledge that third-party Funding Methods may charge different transaction fees (e.g. bank fees, transaction fees, or foreign exchange charges) separate from and unrelated to KingstelPay Service Fees. KingstelPay will not process a transaction if associated fees exceed the value of the transaction. Settlement to Third-Party Wallet/Customer Bank Account. Where you request for a settlement or transfer of your Digital Currency to an external wallet hosted by a third party or a nominated Bank Account, KingstelPay’s obligation and responsibility on each transaction is discharged once the transaction is completed and the Digital Currency or Fiat Currency, as the case may be, is sent to the third party wallet or the nominated Bank Account. KingstelPay does not have access or control of transactions within a third-party wallet or the nominated bank account, you accept sole responsibility. KingstelPay shall not be liable for any loss arising from or in connection with any such transaction within the third-party wallet or the nominated bank account. Wallet Accuracy and Cancellations. When sending Digital Currency from your KingstelPay Wallet or buying Digital Currency to be sent to your Personal Wallet, you are required to input your Personal Wallet's public address. IT IS IMPERATIVE THAT YOU PROVIDE AN ACCURATE, ACTIVE PERSONAL WALLET ADDRESS. PLEASE TRIPLE-CHECK YOUR PERSONAL WALLET ADDRESS. KINGSTELPAY IS NOT RESPONSIBLE FOR DIGITAL CURRENCY SENT TO THE WRONG PERSONAL WALLET FOR ANY REASON. You cannot cancel, reverse, or otherwise change any order or Funding Method, whether pending or completed. Only KingstelPay may, at its sole discretion and for any reason it deems necessary, refuse to process, reverse, or cancel any order, even after your KingstelPay account has been debited if: KingstelPay suspects the order may involve fraud, money laundering, illegal activity; in response to any court or government order; or you are suspected to be in violation of this Agreement. If an order is refused, reversed, or cancelled for any reason, KingstelPay is under no obligation to provide KingstelPay Services to you at the same price or on the same terms as the original order. Lien. To secure the performance of your obligations under this Agreement, you grant KingstelPay a lien in and to your KingstelPay account balances. KingstelPay reserves the right to debit or credit your KingstelPay account to correct any errors discovered from previous transactions, including but not limited to buying or selling Digital Currency. Cash-Out Services. Only Eligible Accounts can cash out the credit on their KingstelPay account ("KPCredit''), this may be done directly to their bank account, through mobile money operators at select locations, or through other available methods. KingstelPay may use a third-party payment processor to process any payment in any fiat currency between you and KingstelPay. Cash-out services are subject to Service Fees and availability. Further Services KingstelPay allows holders of a KingstelPay Account to access the following basic services (“KingstelPay Services”) via the application: i. Cryptocurrency Exchange. Customers can receive, buy from and sell to KingstelPay supported Digital Currency on the KingstelPay platform subject to their transaction limits. Only Eligible Accounts can send supported Digital Currency to another KingstelPay user wallet or an external wallet on the blockchain. ii. Buying Digital Currency. Customers may purchase supported Digital Currency from KingstelPay on the KingstelPay platform after funding their account through any applicable Funding Methods. Upon purchase, you authorize KingstelPay to debit your account in settlement of the Digital Currency Purchase Orders and acknowledge that a Service Fee may apply to all Purchase Orders in addition to the Buy Price. KingstelPay will attempt to deliver the purchased Digital Currency to your KingstelPay Wallet or Personal Wallet as expeditiously as possible after the Purchase Order has been submitted and processed. You are aware and acknowledge that some Digital Currencies may result in longer delays depending on the liquidity of the market at any given time, delays in the network, and that the Buy Price of a Digital Currency is subject to fluctuation until the Purchase Order is completed and the Digital Currency has been sent to your KingstelPay Wallet or Personal Wallet. KingstelPay is not responsible for fluctuations or sudden changes in the Buy Price before or after a Purchase Order is submitted. KingstelPay will make every reasonable effort available to complete your Purchase Order. In the rare event that KingstelPay cannot fulfil a Purchase Order for any reason, we will notify you and seek your approval before reattempting to complete your Purchase Order at the updated Buy Price. iii. Selling Digital Currency. Customers may sell supported Digital Currency to KingstelPay on the KingstelPay platform as a Funding Method. You authorize KingstelPay to debit your Y KingstelPay and credit your account in settlement of Digital Currency Sale Orders and acknowledge that a Service Fee may apply to all Sale Orders. KingstelPay will attempt to credit your KingstelPay account for the Digital Currency sold as expeditiously as possible after the Sale Order has been submitted and processed. You are aware and acknowledge that some Digital Currencies may result in longer delays depending on the liquidity of the market at any given time, delays in the network, and that the Sell Price of a Digital Currency is subject to fluctuation until the Sale Order is completed and your KingstelPay account has been credited. KingstelPay is not responsible for any fluctuations or sudden changes in the Sell Price before or after a Sale Order is submitted. KingstelPay will make every reasonable effort available to complete your Sale Order. In the rare event that KingstelPay cannot fulfil a Sale Order for any reason, we will notify you and seek your approval before reattempting to complete your Sale Order at the updated Sell Price. iv. Coin Swap. The Coin Swap feature will provide an opportunity for cross-chain conversion of supported Digital Currencies. Customers may instantly swap cryptocurrency from one currency to another currency by providing KingstelPay with a request to convert one Supported Digital Currency into another Supported Digital Currency, which KingstelPay may, in its sole discretion, elect to accept or reject. The Customer may place a swap order by specifying the type and amount of the Digital Currency the Customer wants to swap for another Digital Currency (a “Coin Swap Order”). KingstelPay may provide a non-binding quote for the conversion (a “Swap Quote”), which the Customer may accept or decline within such period as KingstelPay may, in its sole discretion, specify. Without any reservation, it is the Customer’s sole responsibility to verify the competitiveness of the price and decide whether to accept the Swap Quote or not within the specified time. The customer’s acceptance of the Swap Quote (the “Customer Trade Request”) authorises KingstelPay to temporarily lock the Customer’s Digital Currency that is to be converted until the conversion is completed. KingstelPay may accept or reject the Customer Trade Request at its sole discretion, depending on market conditions and other factors, at the appropriate time. Where KingstelPay accepts the Customer Trade Request, KingstelPayy will guarantee the price (regardless of price movement) and the amount it provides to the Customer and will settle the Digital Currency accordingly. Other KingstelPay Services; KPay. KingstelPay is a cross-border crypto remittance service that allows you to send and receive value cross-border. With KingstelPay, the Sender sends a certain amount of funds in USDT (the “Transfer Amount”) through our cryptocurrency exchange platform (the “Exchange Platform”) to a designated recipient within the Exchange Platform (the “Receiver”) (each such transaction, a “Transfer”) who then liquidates the USDT for local fiat currency. The Sender and the Receiver require a KingstelPay account to initiate and receive value, respectively. If the Receiver is a non-user at the time transfer is initiated by the Sender,............................................................................... (SUGGESTED METHOD OF INVITE)) an invite notification will be sent to the Receiver to sign-up and receive the funds sent. The Receiver consents and agrees to receive an invite notification for this purpose. The Receiver acknowledges and accepts that the invite notification is a transactional message sent on behalf of the Sender; it does not constitute marketing or promotional communication. The Receiver understands and accepts that account sign-up qualifies the Receiver as a KingstelPay, and all terms and conditions applicable to a KingstelPay Customer apply to the Receiver). B2B API Payment. The B2B API Payment service allows businesses to provide on-ramp and off-ramp services to their customers in select jurisdictions. Businesses can collect and disburse funds to their customers through KingstelPay’s API. Before using this service, Businesses shall agree to and execute our KingstelPay API Contract separately. Dispute Resolution Waiver of Class Action. Disputes arising under this Agreement will be settled in binding arbitration. You and KingstelPay hereby expressly waive trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. The prevailing party in the proceeding is entitled to reasonable costs and attorneys' fees. General Provisions Governing Law. This Agreement will be construed in accordance with and governed by the laws of the Federal republic of Nigeria without giving effect to conflict of law principles. 6.2 Indemnification. You acknowledge and understand the meaning and legal consequences of the representations and warranties contained in this Agreement and hereby agree to indemnify and hold harmless KingstelPay and any affiliate of KingstelPay, and the officers, members, managers, associates, related entities, agents, and employees of KingstelPay and their affiliates, and any professional advisers to any of the above parties, from and against any and all loss, damage or liability (including costs and reasonable attorneys' fees) due to or arising out of a breach of any representation, warranty or acknowledgement of yours, your failure to fulfil any obligation contained in this Agreement or violation of any laws, rules or regulations, or the rights of any third party by you. Limited Liability and No Warranty. ALL KINGSTELPAY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. KINGSTELPAY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT KINGSTELPAY AND ANY AFFILIATE OF KINGSTELPAY, THE OFFICERS, MEMBERS, MANAGERS, ASSOCIATES, RELATED ENTITIES, AGENTS, AND EMPLOYEES OF KINGSTELPAY AND THEIR AFFILIATES, AND ANY PROFESSIONAL ADVISERS TO ANY OF THE ABOVE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY DAMAGES, OR DAMAGES RESULTING FROM LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES. KINGSTELPAY AND THE PARTIES ABOVE SHALL NOT BE LIABLE FOR ANY AMOUNT GREATER THAN THE CREDIT VALUE ON YOUR KINGSTELPAY ACCOUNT. Survival. All provisions hereunder which are by their nature continuing and will survive the termination of this Agreement. Force Majeure. KingstelPay shall not be liable for any failures or delays resulting from any situation beyond our reasonable control, including, but not limited to, civil unrest, government actions, earthquake, fire, flood, epidemic, other acts of God, equipment failures, and Internet outages. Assignment. You acknowledge and accept that you may not assign or transfer any rights or obligations granted under this Agreement. Any attempted assignment or transfer shall be void. reserves the right to freely cede rights and assign obligations in this Agreement to any third party without notice. Notwithstanding the foregoing, this Agreement shall bind you and your heirs, executors, administrators, guardians, personal representatives, or trustees in bankruptcy. Severability. In the event that any provision of this Agreement is held to be unenforceable under applicable law, this Agreement will continue in full force and effect without such provision and will be enforceable in accordance with its terms. Entire Agreement. This Agreement, the Privacy Policy, additional Terms of Use and all Appendices embody the entire agreement and understanding between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings other than this Agreement relating to the subject matter hereof. Amendments. KingstelPay may, to the extent permitted by applicable law, amend the terms and conditions of this Agreement (or add additional terms) at any time by posting the amended terms on the KingstelPay Site, and any such amendment shall be effective upon such posting on the website. The amended Agreement shall be deemed accepted by you. If you do not agree to the amendments, your sole remedy is to immediately terminate use of KingstelPay Services and close your account. You agree that we shall not be liable to you or any third party for the loss suffered by modification or termination of KingstelPay Services or the suspension or termination of your KingstelPay account and access to KingstelPay Services. If an amendment is made for security purposes, KingstelPay may implement such amendment immediately, without prior notice to you and before the such change may be posted on the website. Waivers. No provision of this Agreement may be waived except by a written document executed by the party entitled to the benefits of the provision. No waiver of a provision will be deemed to be or will constitute a waiver of any other provision of this Agreement. A waiver will be effective only in the specific instance and for the purpose for which it was given and will not constitute a continuing waiver. Appendix A: KingstelPay Service Jurisdictions You are not permitted to use KingstelPay Services unless you are a citizen or permanent resident of a Permitted Jurisdiction. KingstelPay is constantly expanding the reach of its services, and if your country, state, or jurisdiction is not currently included, KingstelPay is working diligently to add it. Please contact info@kingstelpay.com with questions or requests. You are encouraged to sign up for a KingstelPay account from any country, state, or jurisdiction to receive updates regarding the availability of KingstelPay Services in your area. KingstelPay Permitted Jurisdictions. KingstelPay currently allows users from all non-sanction countries to open accounts; however, KingstelPay Services may be limited or restricted in your jurisdiction.