Terms of Service

Kindo is a subscription-based software tool that automates margin funding (lending) orders on the Bitfinex cryptocurrency exchange platform ("Bitfinex") on behalf of users. Kindo connects to your Bitfinex account via API keys that you provide, and places lending offers according to configurable parameters you set.

Kindo is not, and does not operate as: a cryptocurrency exchange or trading platform; a broker, dealer, or market maker; a custodian, trust company, or money transmitter; a financial adviser, investment adviser, or portfolio manager; a bank or financial institution; or a lending platform in its own right. Kindo provides automation software only. All financial activity occurs directly on Bitfinex under your Bitfinex account.

You provide Kindo with read and funding-order API keys from your Bitfinex account. Kindo uses these API keys solely to place, modify, and cancel funding offers on the Bitfinex margin funding market on your behalf. At no point does Kindo access your Bitfinex withdrawal functionality, hold your private keys, or take custody of any assets. Interest earned through the lending activity is paid directly by Bitfinex into your Bitfinex account and belongs entirely to you.

Kindo does not hold, control, or take custody of any user funds or assets at any time. All of your cryptocurrencies and digital assets remain in your own Bitfinex account under your sole control. Kindo is never in possession of your assets, and your assets are never transferred to Kindo or to any wallet or account controlled by Kindo.

The API keys you provide to Kindo must not and need not include withdrawal permissions. Kindo's functionality does not require, and its systems are not designed to use, any withdrawal capability.

Because Kindo does not hold your assets, Kindo has no ability to recover, restore, or compensate you for any assets lost, frozen, or otherwise made unavailable within your Bitfinex account.

By connecting your Bitfinex API key to Kindo, you authorize Kindo to access your Bitfinex account on your behalf solely for the purpose of:

• (a) reading your margin funding balances and placing, modifying, and cancelling funding offers on the Bitfinex margin funding market (Margin Funding Read and Write);
• (b) reading wallet balances (Wallets Read); and
• (c) reading account history and transaction records (Account History Read).

This authorization does not extend to, and Kindo shall not use your API key for, any trading, withdrawals, transfers, or any other activity beyond those listed above.

Your API key must include: Margin Funding Read, Margin Funding Write, Wallets Read, and Account History Read. Kindo verifies API key permissions at connection time and will reject keys that include withdrawal or trading permissions. Keys with withdrawal or trading permissions will not be accepted.

You are solely responsible for: (a) maintaining the confidentiality and security of your API key and associated credentials; (b) all activities conducted through Kindo using your API key; (c) immediately revoking your API key from within Bitfinex and notifying Kindo if you suspect unauthorized access; and (d) ensuring your Bitfinex account is secured with strong authentication including two-factor authentication.

Upon termination or cancellation of your Kindo subscription for any reason, you are responsible for revoking your Bitfinex API key from within your Bitfinex account settings.

Kindo does not guarantee, promise, represent, or warrant any particular rate of return, interest income, or profit from using the Service. The interest rates available on the Bitfinex margin funding market are determined entirely by market supply and demand and fluctuate continuously.

Kindo does not guarantee that your funds will be lent at any particular time, at any particular rate, or at all. Lending orders placed by Kindo on your behalf are subject to Bitfinex's order matching, market conditions, and platform availability.

When your funds are lent through the Bitfinex margin funding market, they may be locked for the duration of the active loan term, which may extend up to 120 days or such other period as Bitfinex may specify.

Any historical interest rate data, examples, or case studies provided by Kindo are for illustrative purposes only. Past performance is not indicative of future results.

Nothing in the Service, on the Kindo website, in communications from Kindo, or in these Terms constitutes investment advice, financial advice, legal advice, tax advice, or any other form of professional advice. You should consult qualified professionals before making any financial decisions.

The Service is entirely dependent on Bitfinex's platform, API, and operations. Kindo has no affiliation with, control over, or responsibility for Bitfinex or its operations.

Kindo shall not be liable for any losses, damages, or inability to access or use the Service arising from:

• (a) any technical failure, outage, maintenance, or unavailability of Bitfinex's platform or API;
• (b) the freezing, suspension, restriction, or seizure of your Bitfinex account or assets;
• (c) Bitfinex changing, restricting, or discontinuing its margin funding product, API access, or any related functionality;
• (d) the insolvency, bankruptcy, or cessation of operations of Bitfinex or any related entity;
• (e) any changes to Bitfinex's fees, policies, terms of service, or regulatory status;
• (f) any error, delay, or omission in Bitfinex's order execution or reporting; or
• (g) any regulatory action, law, or governmental order affecting Bitfinex in any jurisdiction.

Lending through the Bitfinex margin funding market exposes you to the creditworthiness and conduct of the borrowers on Bitfinex's platform. Kindo shall not be liable for any losses arising from borrower default or Bitfinex's failure to enforce its margin requirements.

Access to the Service requires a paid subscription. Subscription plans and current pricing are as listed at kindo.finance/pricing.

Subscription fees are paid in advance before each paid period. Upon expiry of your paid period, Kindo will suspend your access to the Service until you renew.

Kindo reserves the right to change its subscription fees at any time. We will provide at least 30 days' prior notice of any fee increase.

All subscription fees are non-refundable. If you cancel your subscription, the cancellation will take effect at the end of your current paid period. No partial refunds will be issued for unused portions of a subscription period. All fees are non-refundable except as required by applicable mandatory law.

You are solely responsible for determining and paying any taxes, duties, or levies applicable to your use of the Service or to any interest income you receive through the Service.

Kindo does not warrant or represent that the Service will be available at all times or without interruption. The Service is provided on an "as is" and "as available" basis.

Kindo may from time to time suspend, modify, or discontinue the Service or any part thereof for maintenance, updates, security improvements, or other operational reasons, with or without prior notice.

Kindo's automated lending system may experience errors, delays, malfunctions, or failures due to technical issues, connectivity problems, API changes by Bitfinex, or other factors beyond Kindo's control. Kindo shall not be liable for any lending opportunities missed, orders not placed, or orders placed in error as a result of such failures.

All rights, title, and interest in and to the Service, including the software, algorithms, source code, user interface, trademarks, logos, and all other content and technology underlying the Service, are owned by or licensed to Kindo. Nothing in these Terms grants you any ownership right or license beyond the limited right to use the Service as expressly set out herein.

Subject to your compliance with these Terms and payment of applicable subscription fees, Kindo grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

You shall not: (a) copy, modify, or create derivative works of the Service; (b) reverse-engineer, decompile, or disassemble the Service; (c) sell, sublicense, rent, or otherwise transfer access to the Service to any third party; (d) use the Service to build a competing product; or (e) remove or alter any proprietary notices on the Service.

You agree not to:

• (a) provide false or misleading information to Kindo;
• (b) use the Service in violation of any applicable law or regulation;
• (c) use the Service to engage in market manipulation, money laundering, fraud, or any other illegal or unethical activity;
• (d) attempt to gain unauthorized access to Kindo's systems or other users' accounts;
• (e) interfere with or disrupt the integrity or performance of the Service;
• (f) use automated means to access the Service other than as expressly permitted by Kindo; or
• (g) use the Service if you are a resident of, or located in, a jurisdiction where such use is prohibited by law.

You must be at least 18 years of age to use the Service and have the full legal capacity to enter into this Agreement.

Your ability to use the Service depends on your eligibility to hold and use a Bitfinex account. You are solely responsible for ensuring you meet all eligibility requirements imposed by Bitfinex, including any KYC, AML, and geographic restrictions. You must independently confirm that you are not excluded from using Bitfinex under Bitfinex's own terms, including restrictions applicable to US persons and individuals located in sanctioned regions.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINDO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINDO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO KINDO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify, defend, and hold harmless Kindo and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees arising out of or relating to:

• (a) your violation of these Terms;
• (b) your use of the Service;
• (c) your Bitfinex account activities, including any lending activity conducted via Kindo;
• (d) your violation of any applicable law or the rights of any third party; or
• (e) any unauthorized use of your API key or Bitfinex account.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AGAINST KINDO AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. Nothing in this Section shall override any mandatory consumer-protection rights available to you under the laws of your place of residence.

You may terminate your account and subscription at any time by cancelling through your account settings or by contacting Kindo at info@kindo.finance. Termination takes effect at the end of your current paid period, and no refunds will be issued for the unused portion of that period.

Kindo may suspend or terminate your access to the Service immediately and without prior notice if: (a) you breach any provision of these Terms; (b) Kindo reasonably suspects fraudulent, abusive, or illegal activity; (c) required to do so by applicable law, regulation, or court order; (d) your paid period expires without renewal; or (e) Kindo decides to discontinue the Service.

Your use of the Service is also governed by Kindo's Privacy Policy, available at kindo.finance/privacy, which is incorporated into these Terms by reference.

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms shall be finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Rules for the time being in force. The seat of arbitration shall be Singapore. The language of the arbitration shall be English. The arbitral tribunal shall consist of one (1) arbitrator.

Nothing in this Section shall prevent either party from seeking urgent interim injunctive or other equitable relief from a court of competent jurisdiction. Nothing in Sections 14 and 18 shall override any mandatory consumer-protection rights available to you under the laws of your place of residence.

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed, and the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Kindo with respect to the Service. Kindo's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

You may not assign or transfer any of your rights or obligations under these Terms without Kindo's prior written consent. Kindo may freely assign or transfer its rights and obligations to any affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets.

Kindo shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including failures of Bitfinex. These Terms are written in English. In the event of any conflict between an English version and any translation, the English version shall prevail.

If you have questions about these Terms or the Service, please contact us: Email: info@kindo.finance / Website: kindo.finance / Company: Kindo Finance Pte. Ltd.