Terms of Use

Last updated: at publication

These Terms of Use ("Terms") govern your access to and use of the KIMP website, its documentation and the interface it provides to the KIMP smart contracts (together, the "Website"). The Website is made available by the KIMP contributors ("we", "us"). Please read these Terms carefully. They include important limitations on our liability and on your rights.

1. Acceptance#

By accessing or using the Website, you agree to be bound by these Terms, the Privacy Policy and the Restricted Persons policy, each of which forms part of these Terms. If you do not agree, do not access or use the Website.

If you use the Website on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Eligibility#

You may use the Website only if all of the following are true:

• you are at least 18 years old, or the age of legal majority in your jurisdiction if higher
• you have full legal capacity to enter into these Terms
• you are not a restricted person as defined in the Restricted Persons policy
• your use of the Website and of the protocol is lawful in your jurisdiction

You are solely responsible for determining whether your use of the Website and of the protocol is lawful where you are located. Holding a GIWA Dojang Verified Address attestation, or using the Verified Lane, does not make you eligible if you are otherwise a restricted person.

3. The Website and the protocol#

The KIMP protocol is a set of smart contracts to be deployed on the GIWA blockchain. It includes the Kimp Index, Kimp Contracts, the Kimp Pool, the Verified Lane and related staking and buyback contracts (the "Protocol"). The core contracts are non-upgradeable and operate permissionlessly according to their code. Parameters can be changed only by governance, subject to a 48-hour timelock. A guardian multisig can pause markets but cannot move funds or change parameters.

The Website is one of several possible means of interacting with the Protocol. It is a user interface that helps you prepare transactions, which you then review and sign in your own wallet. The Website does not execute transactions on your behalf. We do not control the Protocol, the GIWA blockchain, or any transaction once you sign and submit it. Transactions on a blockchain are final and cannot be reversed by us.

These Terms govern the Website only. Your interaction with the Protocol is governed by the code of the smart contracts.

4. No custody#

We never take custody of your digital assets. Collateral posted to Kimp Contracts and deposits in the Kimp Pool are held by smart contracts, not by us. We do not hold, and cannot access, your private keys or seed phrase. You are solely responsible for the security of your wallet, your keys and your devices. We will never ask you for a seed phrase or private key. Loss of your keys may result in permanent loss of your assets, and we cannot recover them.

5. Preview data#

The Website may display market data, including the live index preview on the /index page. That preview is computed off-chain by the Website from public market-data sources. It is provided for information only, may be delayed, incomplete or inaccurate, and is not the Kimp Index. Only the finalized value published on-chain to the KimpIndex contract is used for entry, mark, liquidation and settlement. Any price, spread, fee estimate, P&L estimate or other figure shown by the Website is an estimate. Always verify the transaction in your wallet before signing.

6. Risks#

Using the Protocol involves significant risk, and you may lose all of the assets you use with it. Risks include, without limitation: smart contract bugs; errors, delays or manipulation affecting the Kimp Index or its reporters; halts, outages or errors at source exchanges or FX data providers; FX data gaps; losses as a liquidity provider, including loss of principal; liquidation of positions; failure of bridges or of bridged USDC; stablecoin depegs; volatility of ETH used as collateral; outages, delays or reordering by the GIWA sequencer; and changes in law or regulation. A fuller description appears in Risks.

Kimp Contracts are cash-settled, fully collateralized instruments. Leverage magnifies both gains and losses. You represent that you understand these risks, that you have the knowledge and experience to evaluate them, and that you use the Protocol at your own risk.

Nothing on the Website is investment, financial, legal, tax or accounting advice, and nothing on the Website is an offer or solicitation to buy or sell any security, derivative, token or other financial instrument. $KIMP has not launched. No $KIMP contract address exists, and any person offering $KIMP before launch is not associated with us.

7. Restricted persons#

The Website is not offered to, and may not be used by, restricted persons. The definition of restricted persons and the related rules are set out in the Restricted Persons policy. You may not use a virtual private network, proxy or any other means to access the Website from a restricted jurisdiction or to disguise your location or identity. We may block access to the Website, in whole or in part, from any location or for any wallet address, at any time and without notice.

8. Prohibited use#

You agree not to:

• use the Website if you are a restricted person, or on behalf of or for the benefit of a restricted person
• circumvent geographic or other access restrictions, including by using a VPN or proxy
• violate any applicable law, including sanctions, anti-money-laundering, counter-terrorist financing, securities, derivatives and consumer protection laws
• use proceeds of crime or engage in money laundering or terrorist financing
• manipulate or attempt to manipulate the Kimp Index, any source-exchange price or any market, including through wash trading, spoofing or coordinated activity
• exploit any bug or vulnerability in the Website or the Protocol, other than through responsible disclosure as described in the Bug bounty page
• interfere with, overload or disrupt the Website, including through automated scraping at a rate that degrades service
• introduce malware or attempt to gain unauthorized access to any system
• impersonate the KIMP contributors, or represent that you are affiliated with or endorsed by us
• use the KIMP name or brand assets to promote a token sale, presale, airdrop or contract address

9. Intellectual property#

The Website, including its text, design, code, the KIMP name, the logo, the banner and other brand assets, is owned by or licensed to the KIMP contributors. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for its intended purpose.

You may use the brand assets provided on the Brand assets page to refer accurately to KIMP, provided that you follow the usage guidance on that page, you do not modify the assets, and you do not suggest that we endorse you, your product or any token. Any other use requires our prior permission. All rights not expressly granted are reserved.

Names and marks of third parties, including Upbit, Dunamu, GIWA, the Optimism Foundation, Binance, Coinbase and OKX, belong to their respective owners and are used only to describe data sources or infrastructure.

10. Third-party services#

The Website and the Protocol rely on services operated by third parties, including:

• Upbit, operated by Dunamu, as the source of KRW prices
• Binance, Coinbase and OKX, as sources of global prices
• providers of mid-market USDKRW FX reference data
• the GIWA blockchain, its sequencer, RPC endpoints, block explorer, Dojang attestation service and up.id naming service
• wallet software, bridges and stablecoin issuers that you choose to use
• the hosting provider of the Website

We do not control these services and are not responsible for their availability, accuracy, security or conduct. Your use of any third-party service is subject to that party's own terms. KIMP is not affiliated with, endorsed by or sponsored by Dunamu, Upbit, the Optimism Foundation, Binance, Coinbase, OKX or any FX data provider.

11. Disclaimers#

The Website is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation.

We do not warrant that the Website or the Protocol will be secure, available or free of bugs, that any data shown will be accurate or current, or that any audit has identified every vulnerability. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12. Limitation of liability#

To the fullest extent permitted by law, the KIMP contributors, and any reporter, guardian signer or other participant in the Protocol, will not be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or digital assets, arising out of or in connection with the Website, the Protocol or these Terms, whether in contract, tort, negligence, strict liability or otherwise, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our aggregate liability for all claims relating to the Website will not exceed one hundred US dollars (USD 100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud or wilful misconduct.

13. Indemnity#

You agree to indemnify and hold harmless the KIMP contributors from any claim, demand, loss, liability, damage or expense, including reasonable legal fees, arising out of or related to your use of the Website or the Protocol, your breach of these Terms, your violation of any law or of the rights of a third party, or your status as a restricted person.

14. Changes#

We may change these Terms, and we may change, suspend or discontinue the Website or any part of it, at any time. Changes to these Terms take effect when the updated Terms are published on the Website. Your continued use of the Website after that constitutes acceptance of the updated Terms. Material changes will also be noted on X at @KimpGiwa.

Changes to the Website do not change the deployed Protocol. Protocol parameters change only through governance and the timelock.

15. Governing principles and severability#

These Terms are to be interpreted fairly and in accordance with their plain meaning, consistently with the decentralized and permissionless nature of the Protocol and with the mandatory law that applies to you. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent. These Terms, together with the Privacy Policy and the Restricted Persons policy, are the entire agreement between you and us regarding the Website. Sections 4 through 6 and 9 through 15 survive any termination of your use of the Website.

16. Contact#

The only official contact channel is X. For questions about these Terms, send a direct message to @KimpGiwa. We do not operate any email address, Discord server or Telegram group, and any such channel claiming to represent us is not official.