Table of contents

Terms and Conditions

1.Introduction

Thank you for visiting the KivaCredit.com website, owned and operated by KiVa Credit, Inc., ("Company"). Please read these Terms of Use (the "Agreement" or "Terms") carefully before using the services offered by the Company. This Agreement sets forth the legally binding terms and conditions for your use of the website at www.kivacredit.com, all other sites owned and operated by the Company that redirect to www.kivacredit.com, and all subdomains (collectively, the "Site"), and the service owned and operated by the Company (together with the Site, the "Service"). By accessing, browsing or using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement, the Privacy Policy, and all other rules, policies and procedures that may be published by the Company from time to time on the Site (collectively, the "Published Information"), each of which is incorporated by reference and each of which may be updated by the Company from time to time without notice to you. In order to access the Site and the Service, you must accept these Terms, the Privacy Policy and any Published Information.

Your use of the Site and Service is governed by the then current version of the Agreement in effect on the date of such use. The Company may, at its sole discretion, modify and replace the Agreement at any time and without prior notice to you by posting the updated Agreement on the Site. By using and accessing the Service, you acknowledge and agree to review the then current version of the Agreement prior to each such use. Your continued use of the Service after any modifications to the Terms have been published on the Service or otherwise provided to you constitutes your acknowledgement of, and binding agreement to, the then current Agreement. Notwithstanding the foregoing, the resolution of any dispute that arises between you and the Company will be governed by the Terms in effect at the time the events giving rise to such dispute occurred. The Company further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that the Company and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Please also note that the terms and conditions of this Agreement are in addition to any other agreements between you and the Company, including any customer, account or marketing agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Site. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries or affiliates, for the Service or otherwise. If you do not agree to all the terms of this Agreement, the Company's Privacy Policy and/or any Published Information, you are not eligible to participate in the Company's Service or otherwise use this Site.

This Agreement applies to all users of the Site or Service, and visitors to the Site, who in any way use the Site or Service provided by the Company (in each case, a "User"). Nothing in these Terms of Service shall be deemed to confer rights on Users or third parties.

2. Authorized User

The Service is available only to individuals and bussiness who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer the Service to any person or entity. The Service is not available to any Users suspended or removed from the Site or Service by the Company. By using the Service, you represent that you have not been previously suspended or removed from the Site or Service. Some of our services, and certain web pages of the Site, are available only to those Users who have been authorized by us to access those services and web pages. As part of the Company's authorization process, each user shall be required to provide, among other things, a valid email address. In providing your email address and agreeing to these Terms of Service, each authorized user consents to receiving email notifications from the Company concerning offerings.

3. No Solicitation or Advice

None of the information contained on the Site constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service. The information contained in the Site has been prepared without reference to any particular User's investment requirements or financial situation. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the Company is not authorized to provide such information or services. Some products and services described on the Site may not be available in all jurisdictions.

You acknowledge that you are not relying on the Company or any of its affiliates, officers, directors, partners, agents or employees in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your business and/or investments. The Company does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other Users. You agree that the Company and its affiliates, officers, directors, partners, agents or employees will not be liable for any loss or damages of any sort incurred as a result of any interactions between you and other users.

4. Borrower Default

In the event that a User of the Service defaults on a loan that was listed through the Site, the User acknowledges and agrees that the resolution of such default shall be determined via binding arbitration as described below.

5. Defaulted Loan Resolution

IT IS UNDERSTOOD THAT ANY CONTROVERSY OR CLAIM RISING OUT OF OR RELATING TO A DEFAULTED LOAN SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF NET-ARB.COM. THE ARBITRATOR'S DECISION WILL BE BINDING AND MAY NOT BE APPEALED. A JUDGMENT OF A COURT HAVING JURISDICTION MAY BE ENTERED UPON THE ARBITRATOR'S AWARD.

6. Material Risks Related to Virtual Currency

VIRTUAL CURRENCY SUCH AS BITCOIN,PERFECTMONEY,OKPAY,PAYPAL.. IS NOT LEGAL TENDER, IS NOT BACKED BY THE GOVERNMENT AND ACCOUNTS AND VALUE BALANCES ARE NOT SUBJECT TO FEDERAL DEPOSIT INSURANCE CORPORATION OR SECURITIES INVESTOR PROTECTION CORPORATION PROTECTIONS.

LEGISLATIVE AND REGULATORY CHANGES OR ACTIONS AT THE STATE, FEDERAL, OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE USE, TRANSFER, EXCHANGE AND VALUE OF VIRTUAL CURRENCY.

TRANSACTIONS IN VIRTUAL CURRENCY MAY BE IRREVERSIBLE, AND, ACCORDINGLY, LOSSES DUE FRAUDULENT OR ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE.

SOME VIRTUAL CURRENCY TRANSACTIONS SHALL BE DEEMED TO BE MADE WHEN RECORDED ON A PUBLIC LEDGER, WHICH IS NOT NECESSARILY THE DATE OR TIME THAT THE CUSTOMER INITIATES THE TRANSACTION.

THE VALUE OF VIRTUAL CURRENCY MAY BE DERIVED FROM THE CONTINUED WILLINGNESS OF MARKET PARTICIPANTS TO EXCHANGE FIAT CURRENCY FOR VIRTUAL CURRENCY, WHICH MAY RESULT IN THE POTENTIAL FOR PERMANENT AND TOTAL LOSS OF VALUE OF A PARTICULAR VIRTUAL CURRENCY SHOULD THE MARKET FOR THAT VIRTUAL CURRENCY DISAPPEAR.

THERE IS NO ASSURANCE THAT A PERSON WHO ACCEPTS VIRTUAL CURRENCY AS PAYMENT TODAY WILL CONTINUE TO DO SO IN THE FUTURE.

THE VOLATILITY AND UNPREDICTABILITY OF THE PRICE OF VIRTUAL CURRENCY RELATIVE TO THE FIAT CURRENCY MAY RESULT IN SIGNIFICANT LOSS OVER A SHORT PERIOD OF TIME.

THE NATURE OF VIRTUAL CURRENCY MAY LEAD TO AN INCREASED RISK OF FRAUD OR CYBER ATTACK.

THE NATURE OF VIRTUAL CURRENCY MEANS THAT ANY TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY THE COMPANY MAY PREVENT THE ACCESS OR USE OF A CUSTOMER�S VIRTUAL CURRENCY.

ANY BOND OR TRUST ACCOUNT MAINTAINED BY THE COMPANY FOR THE BENEFIT OF ITS CUSTOMERS MAY NOT BE SUFFICIENT TO COVER ALL LOSSES INCURRED BY CUSTOMERS.

7.1 Proprietary Rights

The copyright in all material on this Site, including without limitation texts, data, articles, design, source code, software, photos, images and other information (collectively, the "Content"), is held by the Company or the original creator of the material and is protected by international laws and treaties. You acknowledge that the Content is and shall remain property of the Company. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without the Company 's prior written consent.

Permission is granted to temporarily download one copy of the materials (information or software) on the Company's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Company's website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or in the case of the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You agree to use the Content and the Site only for lawful purposes. You are prohibited from any use of the Content or the Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nation, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

7.2 Liability

You shall be liable to us for any loss or damage suffered by us as a result of your breach of this Agreement or for your negligence, fraud or wilful misconduct.

We shall only be liable to you for any loss or damage which results directly from our breach of this Agreement, negligence, fraud or wilful misconduct.

Whilst KivaCredit takes every care to ensure that the standard of the Site and the Platform remains high and to maintain the continuity of it, you acknowledge and agree that the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the Site or the Platform to a certain level of availability (or any particular part of it).

Our liability to you in respect of any Ancillary Documents shall be limited to the amount paid by you in relation to any such Ancillary Documents.

We will not be liable for any indirect, incidental, special, punitive or consequential damages, loss of business, loss of profits, loss or corruption of data, loss of goodwill or reputation caused by any act or omission by us under any aspect of this Agreement.

Nothing in this Agreement shall limit any party's liability for personal injury or death, or for any other liability which may not be excluded by Applicable Law. If you are unsure about which laws apply to you, you should seek independent advice.

No party shall be liable for any failure or delay in the performance of any obligation under this Agreement (except any payment obligation) by reason of any cause beyond that party's reasonable control.

8. Content and Usage Restrictions

You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Company member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver's license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from an online research).

9. Links

10. Disclaimer

The materials on the Site are provided "as is" and "as available" without any warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise related to such materials or on any sites linked to this site. The Company does not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement. The Company may discontinue or make changes in the content and site at any time without notice to you and without any liability to you. Any dated information is published as of its date only, and the Company does not undertake any obligation or responsibility to update or amend any such information. The Company reserves the right to terminate any or all site services without notice. In the event that the Company terminates a loan after it has been funded, the Company shall return to a pro-rata portion of fund to the Users that invested in the loan minus any fees owed to the Company.

11. Revisions and Errata

The materials appearing on the Site could include technical, typographical or photographic errors. The Company does not warrant that any of the materials on its website is accurate, complete or current. The Company may make changes to the materials contained on its website at any time without notice. The Company does not, however, make any commitment to update the materials.

12. Limitation of Liability

In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on the Site, even if the Company or the Company's authorized representative has been notified orally or in writing of the possibility of such damage. Additionally, the Company is not liable for any defamatory, offensive or illegal conduct of any user.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

13. Submissions to the Site

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to the Company through this Site (collectively, "Submissions") will be deemed and remain the property of the Company. The Company is entitled to use any Submission for any purpose, without restriction or compensation to the individual or group who has provided the Submission, unless any previous agreement is made between the Company and the user or the group. The Company shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by the Company or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting the Company's responsibilities and obligations under its Privacy Policy.

14. Published Information

Published Information is defined as separate terms and conditions of use contained on the Site. The Published Information are terms that govern in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions of the Published Information will govern.

15. Verification Procedures

The Company uses procedures to collect and verify information about in order to protect the Company and the community from fraudulent users and to keep appropriate records of the Company's users.

All Users of the Site, at minimum, must provide identity verification requested by the Company.

16. Prohibited Uses

The following categories of businesses, business practices, and sale items are barred from the Services and the Site ("Prohibited Practices"). By opening an account with the Company, you confirm that you will not use the Services to invest or borrow in connection with the following Prohibited Practices:

Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party; Stolen goods; Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs; Prostitution or illegal escort services; Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same; Extortion, blackmail, or efforts to induce unearned payments; Engaging in deceptive marketing practices; Any business or transaction that violates any law, statute, ordinance or regulation; Defraud or attempt to defraud the Company or other users of the Site; Provide false, inaccurate or misleading information; Knowingly lend or facilitate the borrowing of money for a national or resident Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or UN sanctions or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; Interfere with another individual's or entity's access to or use of any of the Services; Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; Publish, distribute or disseminate any unlawful material or information; Transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; Harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent; Use the account information of another party to access or use the Site; or Otherwise attempt to gain unauthorized access to the Site, other user accounts, computer systems or networks connected to the Site, through password mining or any other means.

17. English Language Controls

Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

18. Termination

This Agreement is effective until terminated by the Company. The Company may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in the Company's absolute discretion and without notice. All the provisions of this Agreement shall survive termination of your use or access to the Site.

19. Account Inactivity

This Agreement is effective until terminated by the Company. The Company may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in the Company's absolute discretion and without notice. All the provisions of this Agreement shall survive termination of your use or access to the Site.

20. Applicable Law and Dispute Resolution

This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of California in the United States of America without regard to its conflict of law provisions. You agree that you will notify the Company in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give the Company a reasonable period of time to address it before bringing any legal action against the Company, either individually, as a class member or representative, or as a private attorney general. This section shall not apply to disputes involving defaulted loans which shall be governed by paragraphs four (4) and five (5).

21. Complaints

If you, in good faith, believe that any materials on the Company's Site infringe on your copyrights, notifications of claimed copyright infringement should be sent to the Company's designated agent.

If you have questions regarding the Agreement or the practices of KivaCredit, please contact us at support@kivacredit.com