Terms of Use

1.1. These Terms of Use (“Terms”) govern your access to and use of the website https://kimelexchange.com (the “Website”) and the services made available through it (the “Services”).

1.2. In these Terms:

“User”, “You” and “Your”

refer to the natural person accessing the Website, using the Services and accepting these Terms.

“Kimel Exchange”, “We”, “Us” and “Our”

refer to KIMEL View S.A., a company duly organized under the laws of the Republic of Panama, with registered address at Plaza 2000 Tower, 10th Floor, 50th Street, Panama City, Republic of Panama.

“Party”

refers to either You or Us. The contracting Parties under these Terms are You and Kimel Exchange.

“Digital Asset” or “Cryptocurrency”

refers to blockchain-based software ledger data entries, including digital coins and digital tokens and any other digital mediums of exchange transferable exclusively by means of blockchain technology.

“Exchange”

means the swap of one Digital Asset for another Digital Asset (or the same Digital Asset on a different network) executed through the Website.

“Floating Rate Exchange”

means an Exchange performed at the prevailing market rate at the time of execution; the rate displayed prior to execution is indicative only and is not guaranteed.

“Fixed Rate Exchange”

means an Exchange performed at the rate displayed to the User at the creation of the Exchange, regardless of subsequent rate fluctuations, provided the transaction is completed within the validity period specified on the Website.

1.3. These Terms are an open and public document. The current effective version is available at https://kimelexchange.com/terms-of-use.

1.4. Unless the context requires otherwise, words importing the singular include the plural and vice versa.

1.5. Kimel Exchange may update these Terms at any time. Changes take effect upon publication on this page unless stated otherwise. If You do not accept these Terms as amended, You must not use or continue using the Services. We will endeavor to notify Users of material changes via the Website or email.

2.1. By using the Website, You accept these Terms and confirm that You are at least 18 years of age (or the age of majority in Your jurisdiction, if higher), have full legal capacity, act on Your own behalf, and are responsible for compliance with all laws and regulations applicable to You.

2.2. Floating Rate Exchanges. You acknowledge that displayed rates for Floating Rate Exchanges are indicative and may differ from the final Exchange rate. If the cryptocurrency market changes significantly during the Exchange, We may offer You the choice to: (a) proceed with the Exchange at the current market rate; or (b) receive a refund of the non-exchanged Digital Assets to the original or refund address, after deduction of network and processing fees.

2.3. Fixed Rate Exchanges. The fixed rate is guaranteed only if Your deposit is received within the validity period specified on the Website at the creation of the Exchange. Deposits received after expiry of the validity period will be handled under clause 2.2 as a Floating Rate Exchange, or refunded at Our discretion, minus applicable fees.

2.4. You are solely responsible for the accuracy of the payout address, refund address, and any required destination tag or memo You provide. We shall process only Digital Assets transferred, as part of an Exchange created through the Website or Our API, to the deposit address indicated in the course of that Exchange.

2.5. Restricted use. You may not use the Services: (a) if You are located in, or a resident or national of, any jurisdiction subject to comprehensive sanctions or included in Our list of restricted jurisdictions published on the Website; (b) if You are subject to sanctions administered by the UN, OFAC, EU, or any other relevant authority; (c) in connection with any unlawful activity, including money laundering, terrorist financing, fraud, or dealing in the proceeds of crime; or (d) using automated means that abuse or disrupt the Services.

3.1. Certain features of the Website may require the creation of a User account. This section sets out Your rights and responsibilities upon creating an account, as well as the main restrictions associated with it.

3.2. To create an account, You must provide Your own accurate email address. Access to account features is not possible without email verification.

3.3. By creating an account You agree that You shall:

• maintain the security of the account and promptly notify Kimel Exchange upon discovering any suspicious activity related to the account;
• take responsibility for all activities that occur under the account;
• comply with the commitments stipulated in these Terms.

3.4. No custody. Kimel Exchange does not provide custodial services. It is not possible to store Digital Assets in the account. The account serves for order history, notifications, and access to features such as affiliate or partner programs, where offered.

3.5. Delisting and automatic conversion. Where any residual balance attributable to a User, partner, or sub-partner (for example, accrued affiliate rewards) is denominated in a Digital Asset that is delisted from Our platform due to loss of market value, cessation of trading on external markets, project abandonment, or other circumstances preventing continued operations with that asset, You acknowledge and consent that We may, as a protective measure, convert such balance into a stable asset (at Our discretion) at the last available market rate without prior notification. We may use third-party facilities for such conversion and shall not be liable for any difference in value arising from it, the alternative being the potential total loss of value of the delisted asset.

3.6. From time to time, Kimel Exchange may use third-party facilities to offer exchange services to Users, including third-party exchange rate aggregation services, via which Users may enter into exchange transactions with third parties.

4.1. Kimel Exchange operates a risk-based compliance program. All transactions are screened by an automated risk management system, including blockchain analytics.

4.2. Crypto-to-crypto Exchanges do not require prior identity verification. However, where Our risk management system flags a transaction, We reserve the right to suspend the Exchange and require You to complete a KYC (Know Your Customer) verification procedure before the transaction is completed or refunded.

4.3. Fiat services. Access to any fiat on-ramp or off-ramp services (purchase or sale of Digital Assets for fiat currency), if and when offered, is granted only after successful completion of full KYC verification. No such services may be accessed without prior successful verification.

4.4. Verification is carried out through a third-party KYC provider. You guarantee that the information You provide for identity verification is true, accurate, current, and complete.

4.5. During the AML/KYC procedure, We reserve the right to request additional information and documents, including but not limited to a scan of Your identity document and proof of source of funds.

4.6. Where a transaction is suspended for AML/KYC reasons, We reserve the right to hold the associated funds for the period necessary to complete the verification and any related investigation. If Your Exchange is stopped for a KYC check, We will provide You with a secure link to complete the verification procedure.

4.7. If You decline to complete the AML/KYC procedure or fail to provide the requested documents and information, We may refuse to execute Your transactions (current and future) and, where permitted by law, refund the deposited Digital Assets to Your refund address, minus applicable fees.

4.8. We reserve the right to refuse to complete an Exchange, or to withhold a refund, upon request of relevant authorized bodies, for any period necessary to complete the AML/KYC procedure and all related investigations.

5.1. By accepting these Terms, You expressly permit Kimel Exchange to process Your personal data, transfer Your personal data outside Your country of residence, and share Your personal data with third-party service providers (including Our KYC and blockchain analytics providers) for the purposes of providing the Services, complying with legal obligations, and preventing fraud and financial crime. Processing of personal data is further described in Our Privacy Policy at https://kimelexchange.com/privacy-policy.

6.1. For Users located in the European Union and in US states designated on the Website, crypto-to-crypto exchange transactions are or may be processed through third-party payment processors or exchange aggregators in accordance with applicable local regulations. In such cases, the third party is the counterparty to the exchange transaction, and its terms apply in addition to these Terms. Kimel Exchange may receive a referral fee in connection with such transactions.

7.1. Kimel Exchange bears no responsibility for accidental transactions, including transfers to an incorrect or inactive wallet address, transfers without a required destination tag or memo, transfers of unsupported assets, or transfers made outside an Exchange created through the Website or API, even if such an address was used for a previous transaction of the User. However, upon the User’s request, We will make reasonable efforts to assist in tracking an accidental transaction within six (6) months from the date of the transaction, and will use reasonable efforts to return such Digital Assets to the owner where technically possible. Claims submitted after the expiry of this period shall be disregarded. All fees charged for return transactions shall be paid by the User.

7.2. Blockchain networks may fork. Where Kimel Exchange incidentally receives “split” Digital Assets created as a result of a fork from a transaction not covered by these Terms, We shall have no obligation to track, store, return, or transfer such assets. Upon the User’s request, We will make reasonable efforts to assist in tracking such assets within six (6) months from the date of the fork and to transfer them to the owner where technically possible. Fees for return transactions are borne by the User.

7.3. The Services are provided “as is” and “as available.” To the maximum extent permitted by law, Kimel Exchange disclaims all warranties, and Our aggregate liability arising out of or relating to any Exchange shall not exceed the value of the Digital Assets received by Us in that Exchange. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

7.4. You acknowledge the risks described in Our Risk Disclosure Statement at https://kimelexchange.com/risk-disclosure-statement, which forms part of these Terms.

8.1. These Terms constitute the entire agreement between You and Kimel Exchange regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral.

8.2. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

8.3. Failure by Kimel Exchange to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

8.4. These Terms shall be governed by and construed in accordance with the laws of the Republic of Panama, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be submitted to the competent courts of Panama City, Republic of Panama, unless mandatory law provides otherwise.

8.5. Contact: support@kimelexchange.com (general) · compliance@kimelexchange.com (compliance matters).