TERMS & CONDITIONS

Last Revised: August, 15th, 2020

PREAMBLE

This end user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of Kozali's service or products. Please note that the Agreement constitutes a legally binding agreement between you and Kozali (referred to herein as "Kozali", "us" or "we"), which owns and operates the Internet site found and games described at kozali.io (the "Service"). By clicking the "I Agree" button if and where provided and/or using the Service, you consent to the terms and conditions set forth in this Agreement. If you do not agree to be bound by these Terms, do not access or use the Services.

1. ELIGIBILITY AND PROHIBITED USES

By accessing or using the Site, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Site. You warrant that you are not currently self-excluded from any gambling site or gambling premises and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider. The Service is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment and may not create multiple accounts for the purpose of collusion and/or abuse of service.

Kosality is not able to verify the legality of the Service in each jurisdiction and it is the User’s responsibility to ensure that their use of the Service is lawful. For avoidance of doubt, the foregoing restrictions on engaging in wager gaming play from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Kozali to identify your location and providing Kozali with false or misleading information regarding your location or place of residence.

You represent and warrant that you will not be using this site for any illegal activity, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities.

Subject to the terms and conditions contained herein, Kosality grants the User a non-exclusive, personal, non-transferable right to use the Service on your personal computer or other device that accesses the Internet in order to access the games available and described on the kozali.io website (the website and games together being the "Service").

2. ALL RIGHTS RESERVED

Kosality reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Site, at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the "Last Revised" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by Kozali. Method of notification will be left to Kozali's sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that Kozali transmits the information to the Users (e.g. via email). These changes will apply at that instant to all then current and subsequent uses of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.

3. YOUR REPRESENTATIONS AND WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

Kosality disclaims any and all warranties, expressed or implied, in connection with the service which is provided to you "as is" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

Regardless of our efforts, we make no warranty that the service will be uninterrupted, timely or error-free, or that defects will be corrected.

There is a risk of losing Ethereums when using the Service and that Kosality has no responsibility to you for any such loss.

Your use of the Service is at your sole option, discretion and risk.

You are solely responsible for any applicable taxes which may be payable on Ethereums awarded to you through your using the Service.

The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Kozali and Kozali shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.

4. AUTHORITY/TERMS OF SERVICE

You agree to the game rules described on the Kosality.com website. Kozali retains authority over the issuing, maintenance, and closing of the Service. The decision of Kozali’s management, as regards any use of the Service, or dispute resolution, is final and shall not be open to review or appeal.

5. OPERATION OF THE SOFTWARE GAME

Kozali provides an online service (the “Platform”) that allows Users to take part in lottery by betting Ethereums, which are data that typically represents transaction. Kozali limits the number of parties to one per party and per day. One party lasts one countdown. Every countdown finisg a winner is announced. The time remaining is indicated when you bet.

The lottery is based on the concept of smart contracts and provably fair. Each party will create a smart contract. When someone places a simple bet on a party, it will trigger a sequence of contracts. The contract settle the bet based on the information it received from the first contract when the conditions are met.

The Provably fair describes an algorithm that can be analyzed and verified for fairness on the part of the service. You place bets on games offered by our service. Our service will publish a method for verifying each transaction in the game. Once a game has been played, you can use these algorithms to test the game's response to his in-game decisions and evaluate the outcome by only using the published algorithms, the seeds, hashes, and the events that transpired during the game. Thus the system adds a degree of trustworthiness to the gambling operation. 

6. BREACH

Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Kozali reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.

You agree to fully indemnify, defend and hold harmless Kozali and its shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of your breach of this Agreement, in whole or in part; violation by you of any law or any third party rights; and use by you of the Service.

7. LIMITATION OF LIABILITY

Under no circumstances, including negligence, shall Kozali be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if Kozali had prior knowledge of the possibility of such damages.

8. DISPUTES

If a User wishes to make a complaint, please contact our customer service team at [email protected] Should any dispute not be resolved to your satisfaction you may pursue remedies in the governing law jurisdiction set forth below.

9. GOVERNING LAW

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of France. You irrevocably agree that, subject as provided below, the courts of France shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of Kozali to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

10. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by Kozali to enforce any of its rights shall not constitute a continuing waiver of such rights.

11. ASSIGNMENT

Kosality reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

12. ACCOUNT AND INITIAL FUNDING; THIRD PARTY TRANSFERS

In order to access and use the Services, you must create an account with Kosality (an “Account”). You agree to: (a) provide accurate, current and complete information when creating the Account; (b) maintain and promptly update your Account information to keep it accurate, complete, and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer, tablet, or mobile device; (d) promptly notify Kozali if you discover or otherwise suspect any security breaches related to the Site or your Account; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.

You must provide Kosality with a valid email address to create an Account. You agree to keep your email address on file with us updated. You may withdraw your consent to receive emails by sending a withdrawal notice to Kosality, understanding that Kosality may suspend or terminate your ability to use the Services. You understand and agree that if Kozali sends you an electronic communication but you do not receive it because your email address on file is incorrect or out of date, or because our email is blocked by your service provider or intercepted by your spam filter, or you are otherwise unable to receive electronic communications, Kozali will be deemed to have provided the communication to you regardless.

Kosality does not allow Users to exchange Ethereums for money; Kosality is not a trading platform. Users can only bet Ethereums in lottery. In order to fund your Account, you will need to first procure Ethereums. Once procured, you must send Ethereums to the address provided by Kosality and wait for the balance to appear in your Account. It is your responsibility to ensure you send Ethereums to the correct address provided for that Ethereums, else your funds may never be recovered. Kozali makes no representations or warranties regarding the amount of time that may be required to complete transfer of your Ethereums from a third party wallet or other source and have Ethereums become available in your Account.

When you elect to transfer Ethereums from your Account to a third party wallet or other location, it is always possible the party administering the new location may reject your transfer or that the transfer may fail due to technical or other issues affecting our platform. You agree that you shall not hold Kosality liable for any damages arising from a rejected transfer. Users accept all consequences of sending Ethereums to an address off our platform. Token transactions may not be reversible. Once you send Ethereums to an address, you accept the risk that you may lose access to your Ethereums indefinitely. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return your Ethereums, or an address belongs to an entity that may return your Ethereums but first requires action on your part, such as verification of your identity.

Kosality reserves the right to limit the number of Accounts that any User or such User’s affiliates can open or hold.

13. PRIVACY POLICY

Your privacy is important to us. We only share your information with third parties as to do so by law enforcement, court order, or in compliance with identity verification or legal reporting obligations in Kosality’s sole judgment. 

14. CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION OVER THE INTERNET

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks may not always be secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, Kosality does not assume any liability, without limitation, for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Platform or e-mail with Kozali containing your personal information. While Kozali will take commercially reasonable efforts to safeguard the privacy of the information you provide to Kozali and will treat such information in accordance with Kozali's Privacy Policy, in no event will the information you provide to Kozali be deemed to be confidential, create any fiduciary obligations for Kozali, or result in any liability for Kozali in the event that such information is negligently released by Kozali or accessed by third parties without Kozali's consent.

15. COPYRIGHT INFRINGEMENT

Kosality is the holder of all rights in and to the Service and code, structure and organization, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws: (a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the website; or (b) use the Service in a manner prohibited by applicable laws or regulations (each of the above is an “Unauthorized Use”). Kozali reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Service. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify Kozali immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Kozali with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

The term “Kosality”, its domain name and any other trademarks, or service marks used by Kosality as part of the Service (the “Trade Marks”), are solely owned by Kosality. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text (the “Site Content”) belongs to Kozali and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without Kozali’s prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of Kozali.

You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our platform or one of our social media accounts, regarding Kosality or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of Kozali.Kosality will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

16. ANTI-MONEY LAUNDERING AND CONTROLS

By agreeing to our Terms, you acknowledge and understand that Kosality maintains verification levels that require User participation and verification in order to obtain, with leveled permissions based on User-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve a desired level of verification, and Kozali reserves the right to determine, at its sole discretion, the appropriate verification level and criteria for any User, as well as the right to downgrade Users without prior notice. Kozali may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor. This may affect your ability to withdraw Ethereums and you agree to indemnify, defend and hold harmless Kozali against any losses associated with an inability to deposit and/or withdraw Ethereums based on the verification level assigned by Kozali to your Account.

17. USER CONDUCT AND OBLIGATIONS

In connection with your use of the Services and in addition to the list of prohibited activities in Section 18 above, you will not:

• • Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;
• • Provide false, inaccurate, incomplete or misleading information;
• • Infringe upon Kosality’s or any third party’s copyright, patent, trademark, or intellectual property rights;
• • Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
• • Use a web crawler or similar technique to access our Services or to extract data,
• • Reverse engineer or disassemble any aspect of the Site or Services in an effort to access any source code, underlying ideas and concepts, and algorithms;
• • 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;
• • Transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
• • Otherwise attempt to gain unauthorized access to the Site, other Kosality Accounts, computer systems or networks connected to the Site, through password mining or any other means; or
• • Transfer any rights granted to you under these Terms.

18. NO TRANSFERABILITY

While the Account and the Services provided to a User are not transferable under any circumstance and shall be used only by the User, Kozali shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Kozali or its lenders, if any.

19. PERMANENT WITHDRAWAL OF SERVICE

Kozali may (a) suspend or terminate your access to the Services, and (b) deactivate or cancel your Account as required by a valid subpoena or court order, or if Kozali suspects you or others of using your Account in furtherance of illegal activity. You will be permitted to transfer Ethereums associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. If any transaction is in a pending state at the time your Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your Account if Kozali believes in its sole discretion that such cancellation is being performed in an effort to evade an investigation or avoid paying any amounts otherwise due to Kozali. Upon cancellation of your Account, you authorize Kozali to cancel or suspend pending transactions and, after providing electronic notice to you, return the Ethereums associated with such transactions to the wallet address you provide to Kozali. In the event that you or Kozali terminates this agreement or your access to the Services, or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, Kozali may temporarily suspend access to your Account until the problem is resolved.

20. OWNERSHIP OF ETHEREUMS

You hereby certify to us that any Ethereums used by you in connection with the Platform are either owned by you or that you are validly authorized to carry out transactions using such Ethereums, and that all transactions initiated with your Account are for your own Account and not on behalf of any other person or entity. 

21. INTEGRATION

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

22. GOVERNING LANGUAGE AND TRANSLATIONS

You agree that these Terms, Kozali's Privacy Policy, and other notices posted through the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern. 

23. MISCELLANEOUS

No waiver by Kozali of any breach of any provision of this Agreement (including the failure of Kozali to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other than with an affiliate of Kozali.

Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.

24. QUESTIONS AND CONTACT INFORMATION

To contact support, send an email to [email protected] Please provide all relevant information, including your Kozali Username and transaction IDs of any related deposits. Although we make no representations or provide no warranties about the speed of response, we will get back to you as soon as possible.