Affiliate Program Terms

These affiliate program terms and conditions (“Terms”) govern the use of the electronic platform of Troia Corp and its affiliates (the “Company”, “we”, “us” or “our”), including our website or mobile application (the “App”, together with the website, the “Site”) and any services provided through the platform (collectively, the “Platform”) for accessing the Affiliate Program (as defined below). These Terms form a binding agreement between the Company and you as a user of the Platform and participant of the Affiliate Program (the “Affiliate”, “you”, “your”). These Terms serve to supplement the terms of our Service Agreement (the “Service Agreement”) and the Referral Program Terms between you and the Company when you register. By registering for the Affiliate Program, you confirm your acceptance of these Terms and our associated Privacy Policy. If you do not agree to these Terms, you must immediately cease using the Site and the Platform.

No Professional or Investment Advice. Our Site and Platform are not intended to provide tax, legal, insurance or investment advice. You should consult an attorney or tax professional regarding your specific legal or tax situation.

Your Eligibility

To be eligible to participate in the Affiliates Program, you must abide by these Terms and be:

• A Kast User on a Kast Account that is maintained in good standing, and you registered an Affiliate Account;
• Having successfully passed the identity verification;
• You are not residents of any relevant connection with any jurisdiction where we have prohibited or restricted access to the Service;
• Referred at least five (5) none-user to the App who started spending with our payment card; and
• Legally permitted to receive Affiliate Credits.

You are prohibited from participating in the Program if:

• You were a User on a Kast Account that was terminated by Kast for any reason;
• You are legally or contractually prohibited from receiving Affiliates Credits;
• Kast determines that you violated any provision of these Terms, Terms and Conditions of Services, guidelines related to the Program, or any other agreement you have with Kast.

The Company has the sole discretion to accept or reject your application for the Affiliate Program. Only Users whose registrations are approved by the Company will become Affiliates under the Affiliate Program.

Affiliate Accounts

All Affiliates are required to establish an Affiliate Account with the Company. You agree to use diligent efforts to promote and market the Platform on third-party platforms. Users who register with the Platform through the Affiliate Link or Affiliate Code you provided will be considered your “Clients” for Commission calculation purposes.

You are prohibited from registering as an Affiliate to generate Commissions through multiple accounts that you control. The Company reserves the right to adjust or remove any Commissions generated from such actions at its sole discretion or to terminate your Affiliate Account in the event of a breach.

The Company, at its sole discretion, may accept or decline any Client referred by you and reserves the right to terminate its business relationship with any Client at any time. All data regarding Clients who open an account with the Company will remain the sole and exclusive property of the Company, with no rights conferred to the Affiliate over such information.Subject to these Terms, you agree to conduct all referral activities in a professional, proper, and lawful manner, in accordance with applicable rules and laws.If any of your direct Clients join the Affiliate Program as an Affiliate (a “Client Affiliate”) and subsequently refers new Clients to the Platform, they will be considered your Sub-Affiliate subject to commission as might be described on our Site. In the event of conflicting claims over Sub-Affiliate assignments, the Company reserves the sole right to determine the resolution. You agree that the Company’s determination will be final, binding, and conclusive, with no liability to any party involved.

Update Affiliates Program

We reserve the right at any time to:

(a) modify, update or change the terms and conditions of these Terms or our Privacy Policy;

(b) modify, update, or change the Site and Platform, including eliminating or discontinuing any content or feature of the Site or Platform; or

(c) impose fees, charges or other conditions for use of the Platform or parts thereof (with reasonable notice) (all of the foregoing referred to as “Changes”).

We may make such Changes at any time without prior notice except in the event of (c). We encourage you to review the Affiliates Program whenever you access or use our Site. By continuing to use our Services after Affiliates Program changes go into effect, you agree to be bound by the revised Terms.

Digital Platform Terms

The App may be accessible for download on various digital platforms. By downloading, installing, accessing, or using the App, you agree to comply with both these Terms and the applicable terms and privacy policies of the respective digital platform (“Digital Platform Terms”). In the event of any conflict between these Terms and the Digital Platform Terms, these Terms will take precedence.

The App operates independently and is not associated with, affiliated to, sponsored by, endorsed by, or otherwise linked to any digital platform. Both the Affiliate and the Company agree that these Terms constitute an agreement solely between the Affiliate and the Company, with no involvement of any digital platform. The Company alone is responsible for the App and its content as outlined in these Terms.

The Affiliate and the Company acknowledge that the relevant digital platform, along with its subsidiaries, is a third-party beneficiary of these Terms. Upon acceptance of these Terms, the digital platform is granted the right (and is deemed to have accepted this right) to enforce these Terms against you as a third-party beneficiary.

Commission and Fees

The Company shall pay you the Commissions for your referral services. Unless as otherwise agreed in writing between you and the Company, the Commissions are calculated by the Company at its sole discretion, taking into account the transaction, card purchase or other activities made by your Clients and the commission ratio applicable to you (the “Applicable Commission Ratio”), after deducting the fee discount offered by the Company to a certain group of Users, any fees paid by the Company to a third party or Other Fees. The Applicable Commission Ratio can be viewed at all times on the Affiliate Program page. The Applicable Commission Ratio will be adjusted based on the number of new Clients you bring in and the total spending and card purchases generated by such new Clients during a certain period of time. Based on specific criteria determinated by us, you might be upgraded or downgraded. Subject to the preceding sentences, the Applicable Commission Ratio will increase as the total fees collected from the referred Clients increase. An upgrade or downgrade to the previous or next level of the commission plan will not lead to retroactive payments or deductions.

The Affiliate is also entitled to a certain percentage of the Commissions paid to any of its Sub-Affiliates.

“Other Fees” include the fees incurred by the Client due to the use of third-party tools, bonuses received by the Client or other costs incurred by the Client during actual trading.

The Company’s tracking report of the activities of your Clients and the Clients of your Sub-Affiliates and the calculation of the Commission shall be final and conclusive. Should you discover any discrepancy between your own record and the Company’s tracking report, you must notify the Company in writing of such discrepancy within ten (10) working days from the date of receipt of the Company’s tracking report and provide sufficient detail of such discrepancy. If you fail to notify the Company in writing within ten (10) working days, then the Company’s report shall be final and conclusive and you are deemed to have waived all rights to contest the report in any way.

Commissions will be paid in a type of cryptocurrency chosen, at the sole discretion of the Company, with all payments credited to your Affiliate Account. The Company, at its discretion and as it deems appropriate, may offer alternative payment methods or currencies.

The Company is under no obligation whatsoever to pay any Commissions to anyone who does not strictly follow these Terms or the incorporated Service Agreement, as amended, where applicable. It is your sole and absolute duty to follow precisely these Terms and the incorporated Service Agreement, where applicable at all times. In the event of any dispute, or complaint from any of your Clients, the Company has the right to hold back any Commissions due to you until such issues are resolved.

In the event that the Company has identified any abuse or irregularity in the activity of any Client introduced by you, the Company reserves all rights including, but not limited to, immediately suspending or terminating your Affiliate Account, at the Company’s sole discretion. The termination of one of your Clients might result in a downgrade of your Affiliate level.

In the event of any activity in your Affiliate Account or any other account that appears to be controlled or managed by you or any activity of your Clients being deemed suspicious or potentially in breach of any provision of these Terms, as determined by the Company in its sole discretion, the Company may withhold payment of the Commission(s) until it verifies the relevant transactions. If the Company determines, at its sole discretion, that the activity constitutes fraud traffic or breach of applicable law (including without limitation to any anti-money laundering regulations) or breach of any agreement between the Company and the Affiliate or the Client, as the case may be, the Company is entitled to terminate these Terms and/or to cancel, recalculate or withhold your Commissions accordingly and to recall any Commissions that have already been paid out to you.

In respect of any Commissions due to be recalled pursuant to the above, the Company is hereby authorized at any time and from time to time to set off and apply any and all the Commissions subsequently accrued and other indebtedness at any time owing by the Company to or for the credit of the account of the Affiliate (including without limitation to any funds in the Affiliate’s account with the Company, if any) against such Affiliate’s Commissions due to be recalled, irrespective of whether or not the Company shall have made any demand to recall the same or taken any other steps or measures to enforce its right. For the purpose of this section, the Affiliate’s account with the Company shall mean any account with the Company that is (i) opened by or on behalf of the Affiliate, or (ii) controlled or managed by the Affiliate; or (iii) under common control or management with the Affiliate.

Affiliate Access

The Company will provide each registered Affiliate with unique Affiliate Credentials, granting access to their Affiliate Account only. Affiliates must promptly acknowledge receipt of these credentials. Separate credentials may be issued if the Affiliate creates an account on the App.

Each Affiliate acknowledges that their Affiliate Credentials are non-transferable and exclusively for their own use. Disclosure or transfer of these credentials to any third party is prohibited without the Company’s written authorization.

Affiliates are required to:

(a) keep their Affiliate Credentials strictly confidential and refrain from sharing them with others, including avoiding storage in any recognizable format on devices accessible by third parties;

(b) secure records related to Affiliate Credentials in a safe and accessible location known only to the Affiliate, minimizing the risk of third-party access;

(c) adhere to security protocols provided by the Company to protect Affiliate Credentials, the Site, and Platform access, as outlined in the Privacy Policy;

(d) notify the Company immediately via designated channels if:

(i) Affiliate Credentials are lost;

(ii) Affiliate Credentials have been disclosed or compromised; or

(iii) unauthorized use of Affiliate Credentials is suspected;

(e) use strong passwords and PINs that avoid common patterns and personal information, ensuring a higher level of security.

Any access to the Platform made using the correct Affiliate Credentials will be attributed to the respective Affiliate. The Affiliate is responsible and liable for all actions conducted through such access. The Company is not required to verify the identity of the individual accessing the Platform. Upon receiving a notification under section (d) above, the Company will disable the relevant Affiliate Credentials and restrict Platform access as soon as practicable.

Affiliates must secure all devices used to access the Platform by installing and regularly updating necessary software, including browsers, antivirus, and anti-malware protections. Affiliates are also required to comply with all security instructions and risk management measures communicated by the Company, including those displayed on the Platform login page.

Prohibited Uses

You shall not use the Site or Platform, provide any information or content related to the Company on the Site or any third-party platform, or engage in any conduct concerning the Company, Site, or Platform that:

(a) is unlawful, illegal or unauthorized or advocates, promotes or assists any violence or any unlawful act;

(b) is defamatory of any other person;

(c) is obscene, sexually explicit or offensive;

(d) advertises or promotes any other product or business;

(e) is likely to harass, upset, embarrass, alarm or annoy any other person, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f) is likely to disrupt the Platform in any way;

(g) infringes any copyright, trademark, trade secret, or other proprietary right of any other person;

(h) restricts or inhibits any other person from using the Platform, including, without limitation, by means of “hacking” or defacing any portion of the Platform;

(i) redirect any User away from the Company’s Site;

(j) disables, damages or alters the functioning or appearance of the Platform;

(k) directly or indirectly accesses, launches, and/or activates access to the online services offered by the Company through or from, or otherwise incorporates access to the online services offered by the Company or referrals in, any software application, website, or other means other than the Affiliate Link, or otherwise expressly permitted by these Terms;

(l) “crawls”, “spiders”, indexes or in any non-transitory manner stores or caches information obtained from or pertaining to any User including the Clients of the Affiliate;

(m) downloads, retrieves, indexes, “data mines”, “scrapes”, “harvests”, including through any robot, spider, site search/retrieval application, or other manual, automatic device or process, information on the Platform or the Users;

(n) sends unsolicited or unauthorized advertisements, spam, or chain letters to anyone regarding the Company, the Site or the Platform;

(o) transmits any content that contains software viruses, or other harmful computer code, files or programs; or

(p) is otherwise considered offensive or inappropriate, at the Company’s sole discretion.

Intellectual Property

All rights, titles, and interests in or related to the Site and Platform, including any information transmitted through or regarding the Platform, remain the exclusive property of the Company. No rights or licenses are granted to you, except as expressly set forth in these Terms. Nothing on the Platform shall be interpreted as conferring upon you any license or rights by implication, estoppel, or otherwise regarding the Company’s or any third party’s ownership and intellectual property rights.

The Platform and Site may give you access to third-party content, such as information, quotes, videos, photos, or other materials ("Third-Party Content") provided by third-party content providers ("Third-Party Content Providers"). The Company neither endorses nor verifies the accuracy, validity, or completeness of any Third-Party Content on the Site or Platform. Use or reliance on such Third-Party Content is solely at your own risk. All intellectual property rights in Third-Party Content remain with the respective Third-Party Content Providers. No rights or licenses to Third-Party Content are granted to you, except as expressly outlined in these Terms.

The Company might provide the Affiliate with materials like images, videos, and other creative materials (“Materials”), including but not limited to the materials integrated into our Affiliate Program’s landing page. The Affiliate acknowledges and agrees that any amendments in the Materials are subject to the Company’s preliminary written consent.

Affiliates may also create their own content to promote the Company, provided they adhere to the Company's brand identity as presented on the Site. The Company reserves the right to request the removal of any materials deemed unsuitabl, non-compliant or potentially harmful to its brand image.

Subject to your compliance with these Terms, you may download and access the Site and Platform using authorized Affiliate Credentials. All other rights in the Site are reserved by the Company. If you breach these Terms, the Company reserves the right to terminate your access to the Site and Platform immediately.

You agree not to:

(a) modify, adapt, reproduce, translate, or create derivative works of the Site or Platform, or any content (including Third-Party Content) provided therein, or attempt to reverse engineer, decompile, disassemble, or discover the source code of the Site or Platform;

(b) remove any copyright, trademark, logo, or other proprietary notices from the Site or Platform;

(c) misrepresent other sites as the Company’s Site by mimicking its “look and feel” or text, or otherwise infringe on the Company’s intellectual property rights, including but not limited to "scraping" text or images, or unauthorized use of Company-managed banners, text links, or marketing materials;

(d) edit, modify, filter, truncate, or reorder the information from any part of the Company’s Site, or obscure, remove, or minimize any part of the Site without the Company’s authorization;

(e) frame, mirror, remove, or otherwise alter the full and complete display of any web page accessed by a Client through any part of the Company’s Site, Platform, or Affiliate Link; or

(f) make any commercial use of the Site, Platform, or the Company’s logo, trademarks, or brand, except solely to solicit potential Clients on a third-party platform as allowed under these Terms.

You authorize the Company to utilize any information or content provided by you or processed in connection with your use of the Site and Platform (e.g., Personal Information, geographic or device information), solely for the purpose of providing services on the Platform and ensuring the secure operation of the Site.

Security

We may implement various authentication or verification technologies and measures, including multi-factor authentication and Biometric Information, to enhance security for accessing the Site and Platform. However, we cannot guarantee that these security measures will fully prevent unauthorized access, hacking, identity theft, or other security breaches.

The Site and Platform may be accessible via mobile devices using Biometric Authentication. By enabling Biometric Authentication, you acknowledge that unauthorized third parties could potentially access the Platform without entering Affiliate Credentials and may query account information. You accept the risks associated with using Biometric Authentication, including the potential for third parties to access your Affiliate Account information. By choosing this method, you consent to the collection and use of your Biometric Information in accordance with these Terms and the Privacy Policy. Please note that you are also relying on the functionality of your mobile device’s hardware and operating system, for which we are not liable in the event of malfunctions, inaccuracies, or unauthorized access to your Biometric Information.

We take reasonable measures to safeguard the security and confidentiality of the Platform and your Personal Information in compliance with applicable laws. However, we cannot assure the absolute security of all transmissions or the networks or systems where your Personal Information, account, or transaction details are stored. If we become aware of any unauthorized access, use, or disclosure of your Personal Information, we will notify you as required by law. Upon receiving such a notification, you are responsible for following the instructions provided, including immediately updating your Affiliate Credentials and taking additional steps to prevent unauthorized access to your account or Personal Information.

Miscellaneous

As an Affiliate using the Platform, you acknowledge your obligation to inform referred Clients of any commissions you receive, as well as any additional commissions associated with services provided under these Terms, where necessary.

The Affiliate agrees not to, and will not encourage any third party to, directly or indirectly:

(a) provide crypto or financial advice tailored to the specific circumstances of any subscriber, follower, viewer, or other individual accessing their affiliate/referral services;

(b) make any fraudulent, deceptive, or potentially manipulative posts or engage in actions that could be considered market manipulation or attempted market manipulation;

(c) impersonate the Company or represent that they are providing investment advice on behalf of the Company to referred Clients;

(d) create a new Affiliate Account to rejoin the Affiliate Program if the Company has terminated the Affiliate’s previous account due to a breach of these Terms; or

(e) engage in any conduct that violates the policies posted on the Platform or within the Affiliate Program, or any other agreement with the Company, as updated from time to time.

(f) create the illusion of having the authority to make any commitments or enter into any agreements or incur any liabilities whatsoever on behalf of the Company, nor shall the Company be liable for any acts, omissions, contracts, commitments, promises, or representations made by the Affiliate

(g) impose or collect a fee of any kind, including but not limited to any administrative fee, affiliate or referral fee or similar from any Clients in relation to the Affiliate Program

The Affiliate represents and warrants that neither the Affiliate nor any of its affiliates or officers, directors, brokers or agents (i) has violated any anti-terrorism laws; (ii) has engaged in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of prohibited offenses designated by the Organization for Economic Co-operation and Development’s Financial Action Task Force on Money Laundering; (iii) is publicly identified on the most current list of “Specially Designated Nationals and Blocked Persons” published by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”),or resides, is organized or chartered, or has a place of business in a country or territory subject to OFAC sanctions or embargo programs; (iv) is publicly identified as prohibited from doing business with the United States under the International Emergency Economic Powers Act, the Trading with the Enemy Act, or any other law; (v) conducts any business or engages in making or receiving any contribution of goods, services or money to or for the benefit of any person described in clauses (iii) or (iv) above; (vi) deals in, or otherwise engages in any transaction related to, any property or interests in property blocked pursuant to any anti-terrorism law; or (vii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any anti-terrorism law.

Unless expressly permitted under these Terms, the Affiliate is prohibited from sending unsolicited mass emails (e.g., spamming, desktop scrapes) to promote the Company, its Site, the Affiliate Program, or any related online services.

You agree to provide true, complete, and up-to-date information to the Company, including but not limited to contact details, the nature of your activities for introducing, explaining, or promoting the Company’s services to prospective Clients, and any other information requested by the Company.

Nothing in these Terms creates an agency, partnership, employment relationship, or any form of joint enterprise between you and the Company. You agree not to represent otherwise, whether explicitly, implicitly, or through appearance. You acknowledge that you are responsible for all applicable duties, charges, and taxes arising from your business activities as an Affiliate. We shall not be required to compensate the Affiliate for its tax obligations or advise it in relation to its tax issues.

The Company shall not be liable for any marketing or promotional activities you initiate for your business or to support affiliate/referral services under these Terms. Any costs or expenses incurred will be solely your responsibility.

Notifications

The use of Service Notifications involves communications through unsecured communications networks. You shall provide us with complete and accurate email address(es) or phone number(s) to allow us to send Service Notifications to you. Where you have provided multiple email address(es) and phone number(s) to us, you shall specify your preferred contact details for receiving Service Notifications. Where your account is a joint account, you shall inform us whether Service Notifications should be sent to a specific account holder or to all of them.

You agree to accept notifications regarding the App, Platform, Affiliate Account and these Terms through Service Notifications. You agree that such Service Notifications shall constitute effective notice in lieu of written, mailed or other forms of notice required by applicable law.

It is your sole responsibility to monitor the applicable email account or phone number without further reminders or repeat notifications from the Company. You shall immediately report any unauthorized use or access of the Platform to the Company.

You release the Company from any liability for losses or damages resulting from the use of the Service Notifications to the extent permitted by law. We provide no warranty and accept no liability that the information provided through Service Notifications is up-to-date, correct or complete.

Personal Information

As part of the Platform, Personal Information of the User may be collected, used, transferred, disclosed or otherwise processed by the Company in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering for and using the App and Platform. You consent to the collection, use and disclosure of your Personal Information in accordance with these Terms and the Privacy Policy, including without limitation, disclosure to our affiliates or third parties for purposes of providing services and conducting transactions in regards to the Affiliate Account.

Disclaimer of Warranties and Risks Associated

The Platform and Site, including all content (such as Third-Party Content), features, and related services, are provided on an "As Is" and "As Available" basis, used at your sole risk and without warranties or representations of any kind. We do not guarantee that any portion of the Platform or Site will be available or accessible at all times.

Using the Platform—whether through downloading, installing, or accessing the App or Site, or through third-party interactions (e.g., with distribution platforms, network providers, or device manufacturers)—involves inherent risks, including:

(a) potential disclosure of your Personal Information or other data to third parties;

(b) possible system outages, security restrictions, or removal of access, and other issues that could prevent use; and

(c) risk of misuse or manipulation, including by malware or unauthorized access, particularly if your device is lost or stolen.

You acknowledge and accept these risks associated with the Site and Platform.

We reserve the right to disable Platform access on devices where the security features established by the operating system or device manufacturer have been modified (e.g., “jailbroken” devices). We do not guarantee the Platform’s performance or functionality on modified or outdated devices that may not meet current technical requirements.

To the fullest extent permitted by law, all warranties, conditions, or terms (express, implied, statutory, or otherwise), including but not limited to those concerning quality, merchantability, fitness for a particular purpose, or uninterrupted, error-free access, are expressly excluded for the Site and Platform.

We may, at our sole discretion:

(a) suspend or terminate all or part of the Platform, Program at any time; or

(b) suspend, block, or terminate access for any user without prior notice.

We are not liable to you, or any third party for any loss or damage resulting from delays, transmission errors, technical issues, system failures, unauthorized access, or interruptions in services provided through the Platform, Site, Affiliate Accounts, or Platform accounts. We are also not liable for losses resulting from interruptions, delays, or technical issues affecting the availability of the Site, Platform, Affiliate Account, or related systems (including scheduled maintenance).

We make no representation or warranty, whether express or implied, regarding the accuracy or completeness of information available on the Platform.

You acknowledge and accept the risks associated with conducting transactions over the Internet, an open system accessible by anyone. Despite encryption measures, your connection from a personal or mobile device to the Platform may be observable. Additionally, we may use servers and hardware located in various jurisdictions worldwide to deliver portions of the Platform.

We disclaim all liability for losses caused by transmission errors, technical faults, breakdowns, interruptions, or illegal interventions affecting transmission networks, IT systems, or computers—whether yours, ours, or third-party systems, including public networks.

Release of Liability

To the fullest extent permitted by applicable law, you hereby discharge, acquit, and release us, along with our parent company, affiliates, subsidiaries, and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the “Indemnified Parties”), from any and all claims, allegations, actions, causes of action, and losses arising in any way from the use of, or activities related to, the Site, Platform, Affiliate Account, Platform account, or any associated services or Third-Party Content, including but not limited to claims involving:

• Negligence (ordinary or gross), intentional interference with contractual or business relationships, defamation, privacy violations, or misrepresentation;
• Fraudulent actions or identity misrepresentation by third parties;
• Security breaches or misuse of Personal Information, including unauthorized disclosure or release;
• Failed or incomplete transactions or issues with the Platform’s functionality, availability, or accessibility, including technical failures impacting the Site, Platform, or Affiliate Account; and
• Vicarious liability for torts by third parties, such as fraud, computer hacking, theft, assault, stalking, or other unlawful acts.

This release is intended to be broad and interpreted in favor of the Indemnified Parties, with any ambiguities resolved to provide the widest scope of release. By agreeing to this provision, you acknowledge its legally binding nature and the rights waived as a result.

Indemnification and Limitation of Liability

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or by reason of (i) your (or if you are under another person’s authority, including, without limitation, Governmental Authorities, such other person’s) use, misuse, or inability to use the Site, the Platform, the Affiliate Account or trading account, or any of the content, including Third-Party Content contained therein or any content or information that you provided to the Platform; or (ii) your breach of these Terms, including those documents that are expressly incorporated into these Terms by reference and form a part of these Terms.

We shall notify you by email, mail, or other appropriate means, of any such claim or suit, and reasonably cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or choose our own legal counsel, but are not obligated to do so.

Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, THE PLATFORM, THE SITE, THIRD-PARTY CONTENT OR THE USE OF THE SERVICES OR AFFILIATE ACCOUNT, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, THE PLATFORM, THIRD-PARTY CONTENT OR THE USE OF THE SERVICES OR AFFILIATE ACCOUNT OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE HIGHEST AGGREGATE FEES PAID BY YOU TO US IN CONNECTION WITH THE PLATFORM, OR THE SITE, OR 1,000 UNITED STATES DOLLARS (USD), WHICHEVER IS GREATER.

Force Majeure: We will not be liable for our failure to perform any obligations under these Terms due to events beyond our control, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond our control include, but are not limited to, acts of God, war, riot, arson, embargoes, civil commotion, strikes, labor disputes, equipment failures, bank failures, virtual currency market collapse or fluctuations, credit or debit card transaction processing failures, strikes, fire, flood, earthquake, hurricanes, tropical storms or other natural disaster or casualty, shortages of labor or material, shortage of transportation, facilities, fuel, energy, government regulation or restriction, acts of civil or military authority or terrorism, fiber cuts, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, failure of the telecommunications or information services infrastructure, hacking, SPAM or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, and mechanical, power or communications failures.

Suspension or Termination

Access to the Platform may be terminated, in whole or in part, at any time by either the Affiliate or the Company in accordance with these Terms. If the Company identifies any abuse or irregularities in the activities of any Client referred by the Affiliate, the Company reserves the right, at its sole discretion, to immediately suspend or terminate the account of the Client or the Affiliate Account (“Point1”).

In the event of a breach of these Terms, the Company may, at its sole discretion, pursue any legal and equitable remedies, including immediate suspension of the Affiliate Account, termination of these Terms without prior notice, and/or civil or criminal action. Access to the Platform will automatically terminate upon termination of the Affiliate Account (“Point 3”).

The Company may terminate these Terms immediately, upon written notice to the Affiliate, if:

(a) it becomes unlawful for the Company or the Affiliate to fulfill any obligations under these Terms;

(b) the Affiliate is, in the Company’s reasonable opinion, no longer fit or proper to introduce/provide services to the Company;

(c) the Affiliate no longer holds necessary authorizations or consents to fulfill its obligations under these Terms; or

(d) the Affiliate is unable, for any reason, to continue performing the activities and obligations set forth herein.

(“Point 2”)

The provisions of Sections Update Affiliates Program, Your Eligibility, Affiliate Account, Prohibited Uses, Intellectual Property, Security, Security and Personal Information, along with any claims for breach of these Terms, shall survive termination.

Upon termination, the Affiliate must return any Company materials used for referral purposes. If the Affiliate has displayed any Company materials, including the Company’s logo or brand name, on their website, they are required to immediately remove such materials upon termination.

If these Terms are terminated under Point 1 or Point 3, the Company will pay any earned Commissions due to the Affiliate within sixty (60) days after the end of the calendar month in which termination occurs. The Affiliate will not be entitled to any Commission generated after the termination date. If these Terms are terminated under Point 2, the Company will have no obligation to pay any Commissions otherwise owed at the time of termination.

If the Company continues to permit activity or revenue generation from Clients referred by the Affiliate after termination, this does not constitute a continuation or renewal of these Terms, nor does it imply a waiver of termination.

Records Conclusive

Our records in relation to the Platform will be final and conclusive and be binding on each User for all purposes. Each User agrees that such records are admissible in evidence and further undertakes to waive any rights to challenge or dispute the admissibility, reliability, accuracy, or authenticity of the contents of such records merely on the basis that such records were produced by or were the output of a computer system or are set out in electronic form.

Governing Law and Dispute Resolution

Any dispute arising out of or in connection with the Terms, unless amicably settled between the Parties, shall be referred to the competent court in the Republic of Seychelles. The Affiliate agrees that any dispute resolution proceeding subject to the applicable law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Affiliates.

Contacting Us

You may contact the Company regarding these Terms, the Site or the Platform as follows: affiliates@kast.finance

Definitions

Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms:

“Affiliate” means the User of the Platform who was qualified by the Company or has registered with the Company as an “Affiliate” pursuant to these Terms.

“Affiliate Account” means the account established by an Affiliate or the Company for the purpose of participating in the Affiliate Program.

“Affiliate Code” means the referral code assigned to an Affiliate which may be used by potential user or the Company to identify the link between the Client and such Affiliate.

“Affiliate Credentials” means the set of user identification, password, personal identification number, token and any other information or device provided to an Affiliate to access the Affiliate Program.

“Affiliate Link” means the link that an Affiliate posts on any Third Party Platform that would direct the potential customers to the Platform as such Affiliate’s Clients.

“Affiliate Program” means the program that the Company makes available to its Users on the Site in order to incentivize the Users to market and promote the Platform and enable the Users to refer potential customers to the Company for the purpose of converting such potential customers into a Client.

“Biometric Authentication” means the identity authentication function using biometric credentials including fingerprint, facial recognition or any other biometric data, as we may permit from time to time.

“Client” means a User who, through the Affiliate Link or Affiliate Code provided by an Affiliate, has registered an account with the Platform pursuant to the Service Agreement and conducted at least one transaction on the Platform.

“Commission” means any commission, rebate, and/or other remuneration paid, or payable, to the Affiliate by the Company for the referral services rendered by the Affiliate regarding the new Clients identified and referred to the Company by the Affiliate.

“Digital Platforms” refers to third-party distribution platforms where mobile applications or other software programs can be accessed or downloaded, including, but not limited to, the Apple App Store and Google Play.

“Governmental Authority” means any relevant domestic or foreign governmental or quasi-governmental authority, statutory authority or quasi-statutory or regulatory authority, department, administrative, monetary, fiscal or judicial body, department, corporation, commission, authority, tribunal, agency or stock exchange or government-owned or government-controlled corporation or any public international organization, or taxing authority or anybody entitled to exercise executive power or power of any nature over the Company or the Affiliate hereto, and the services under these Terms.

“Personal Information” refers to information supplied by an Affiliate from which the identity of such Affiliate may be directly or indirectly ascertained.

“Privacy Policy” means the additional terms and conditions governing the collection, use and disclosure of each User’s Personal Information, as set out here. Each User must read and agree to the Privacy Policy to use the Site.

“Service Notifications” are one-way notifications from the Company (which may include security-related notifications) via text message or emails and, where applicable, push notifications through the Site. These notifications are sent to an Affiliate in respect of certain information or events relating to an account to which an Affiliate has access through the Platform.

“Third-Party Provider” is any third party that offers a trading or other financial services account that can be registered and accessed through the Platform.

“Third-Party Platform” means any social media platform through which an Affiliate promotes or markets the Platform or the Company.

“User” means any person that accesses and uses the Site and the Platform and any authorized individual acting on their behalf.