Part Wallet.
Part exchange.
Part guide.

Entirely goof-proof.

 

Our mobile
super app lets you
create mint, manage,
and store all your
digital assets.

Incredibly safe and actually intuitive to use—whether you bought your first bitcoin back when it was forty bucks or thinking about NFTs gives you a panic attack. Kresus’s comprehensive toolkit has you covered.

 

Join Waitlist

Partner With Us

Let’s sail into the future together.

If your company is looking for a seamless wallet integration solution or exploring the exciting frontier of Web3 reward and retention programs, we should talk.

Contact Us

Part Wallet.
Part exchange.
Part guide.

Entirely goof-proof.

 

Our mobile
super app lets you
create mint, manage,
and store all your
digital assets.

Incredibly safe and actually intuitive to use—whether you bought your first bitcoin back when it was forty bucks or thinking about NFTs gives you a panic attack. Kresus’s comprehensive toolkit has you covered.

 

Join Waitlist

Partner With Us

Let’s sail into the future together.

If your company is looking for a seamless wallet integration solution or exploring the exciting frontier of Web3 reward and retention programs, we should talk.

Contact Us

Join the waitlist

Partner With Us

Terms and Conditions

These Terms and Conditions (“Terms“) are a binding agreement between you (“End User” or “you“) and Kresus Labs, Inc. (“Kresus“). These Terms, together with any documents they expressly incorporate by reference, govern your use of the Kresus SuperApp (the “Application“) and the Kresus website, kresus.com (the “Website” and together with the Application, the “Services“), including any content, functionality, and services offered on or through the Services. The Services are licensed, not sold, to you.

Acceptance of the Terms

Please read the Terms carefully before you start to use the Services.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND KRESUS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND KRESUS WAIVE ANY RIGHT TO HAVE YOUR DISPUTE DECIDED BY A COURT OR JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BY DOWNLOADING, INSTALLING, OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SERVICES.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. While we will provide notice of material changes in accordance with applicable law, all other changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Arbitration will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kresus, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your own non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or modify copies of any materials from the Services.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Kresus. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Kresus name, the terms [COMPANY TRADEMARKS], the Kresus logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kresus or its affiliates or licensors. You must not use such marks without the prior written permission of Kresus. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and Kresus grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Services in accordance with these Terms.

You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Kresus, a Kresus employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Kresus or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services. 
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where they are capable of being accessed by more than one device at any time.
  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.
  • Use the Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.
Enforcement and Termination

Kresus may terminate these Terms or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms, at any time without notice.

Upon termination, all rights granted to you under these Terms will also terminate, and you must cease all use of the Services and delete all copies of the Services.

We also have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 

Termination will not limit any of Kresus’ rights or remedies at law or in equity.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Kresus, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Kresus. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send emails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Updates

Kresus may from time to time in its sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Kresus has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:

  1. the Application will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM. YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KRESUS NOR ANY PERSON ASSOCIATED WITH KRESUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER KRESUS NOR ANYONE ASSOCIATED WITH KRESUS REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL ACHIEVE ANY INTENDED RESULTS OR OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, KRESUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KRESUS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

BY ACCESSING THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Kresus, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

Governing Law and Arbitration

These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles. THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN YOU AND KRESUS, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THESE TERMS, OR THE SERVICES PROVIDED, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, EQUIPMENT, SERVICE OR ADVERTISING PROVIDED BY KRESUS. ADDITIONALLY, THE PARTIES AGREE NOT TO PURSUE ARBITRATION RELATED TO OR ARISING OUT OF THESE TERMS ON A CLASSWIDE BASIS. THE PARTIES AGREE THAT ANY ARBITRATION RELATED TO OR ARISING OUT OF THESE TERMS WILL BE SOLELY BETWEEN YOU AND KRESUS (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER INDIVIDUAL’S CLAIM). SUCH ARBITRATION SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES AND MEDIATION PROCEDURES, INCLUDING WITH REGARD TO THE SELECTION OF THE ARBITRATORS, AT A LOCATION TO BE AGREED UPON BY THE PARTIES. SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND KRESUS. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS, KRESUS AND YOU ARE EACH WAIVING THE RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND THAT ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING.

Notwithstanding the foregoing, you and Kresus are not required to arbitrate: (1) any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or (2) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. 

If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use the Services by following the procedure described below.

You may opt out of the arbitration and class actions waiver set forth above by sending a written notice of your decision to opt out in accordance with this section. If you do so, neither you nor Kresus can force the other to arbitrate. To opt out, you must notify Kresus in writing no later than thirty (30) days after first becoming subject to these Terms. Your notice must include your name and address, the name and the email address you used to set up your account for the Services, and an unequivocal statement that you want to opt out of this arbitration. Send your notice to: 4 Funston Ave, San Francisco, CA 94129. In the event of a dispute between you and Kresus, to invoke your opt-out right, you must retain a copy of your opt-out notice, as well as proof of mailing of your opt-out notice within the prescribed period.

If you elect to opt out, each of you and Kresus irrevocably (i) consents to the exclusive jurisdiction and venue of the courts in the State of California in connection with any matter arising out of these Terms, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with these Terms.

This section may be amended from time to time in accordance with the Changes to the Terms section of the Terms. If you did not opt out of mandatory arbitration as provided above, you may reject any change we make to this section by sending us notice within thirty (30) days after first becoming subject to the amended Terms. Send your notice rejecting changes to this section to: 4 Funston Ave, San Francisco, CA 94129. In the event of a dispute between you and Kresus, to invoke your right to apply an earlier version of this section, you must retain a copy of your rejection notice, as well as proof of mailing of your rejection notice during the period of time in which you intend to pursue any claim. Kresus reserves the right to make additional amendments to this section. If you wish to reject additional changes to this section, you must notify us in accordance with this section for each change in accordance with the terms hereof.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Kresus of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kresus to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Export Regulation

The Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.

US Government Rights

The Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Kresus regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. 

Your Comments and Concerns

The Services are operated by Kresus Labs, Inc., 4 Funston Ave, San Francisco, CA 94129.

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: legal@kresus.com.

Additional Terms Related to Apple
  1. Acknowledgement: You acknowledge that the Agreement is concluded between you and Kresus only, and not with Apple, and Kresus, not Apple, is solely responsible for the Application and the content thereof. 
  2. Scope of License: The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. 
  3. Maintenance and Support: Kresus is solely responsible for providing any maintenance and support services with respect to the Application, as specified in the Agreement, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. 
  4. Warranty: Kresus is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Kresus’ sole responsibility. 
  5. Product Claims: You acknowledge that Kresus, not Apple, is responsible for addressing any claims from you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks. 
  6. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringe that third party’s intellectual property rights, Kresus, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 
  8. Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Application. 
  9. Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.
Additional Terms Related to Google

By downloading the Application from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google“), you specifically acknowledge and agree that:

  1. To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the (“Google Play Terms“), and (b) the other terms and conditions in this Agreement, the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play.
  2. Google does not have any responsibility or liability related to compliance or non-compliance by Kresus or you (or any other user) under this Agreement or the Google Play Terms.
  3. You must contact Kresus concerning any defects or performance issues in the Application. Kresus is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the Application. Support requests, as well as questions, complaints, or claims regarding the Application, may be directed to: 4 Funston Ave, San Francisco, CA 94129.
  4. The Agreement is solely between you and Kresus only, and not with Google. Google is only a provider of the Google Play Store where you acquired the Application (“Google-Sourced Software“). Kresus, and not Google, is solely responsible for its Google-Sourced Software. Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service.
  5. Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement.
  6. Google is a third-party beneficiary to the Agreement as it relates to Kresus’ Google-Sourced Software.




Privacy Policy

Last modified: January 31, 2023

Introduction

Kresus Labs, Inc. (“Kresus” or “We“) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provided when you access or use the Kresus website, kresus.com (the “Website“).
  • The types of information we may collect or that you may provide when you download, install, register with, access, or use the Kresus SuperApp (the “App“).
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect through the Website and the App (collectively, the “Services“), and in email, text, and other electronic communications sent through or in connection with the Services.

This policy DOES NOT apply to information that:

  • We collect offline or on any other Kresus apps or websites, including websites you may access through the Services. 
  • You provide to or is collected by any third party (see Third-Party Information Collection).

Our websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use the Services. By downloading, registering with, or using the Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children

The Services are not intended for children as defined under applicable law, and we do not knowingly collect personal information from children. If we learn we have collected or received personal information from a child, we will delete that information. If you believe we might have any information from or about a child, please contact us at legal@kresus.com.

Information We Collect and How We Collect It

We collect information from and about users of our Services:

  • Directly from you when you provide it to us.
  • Automatically when you use the Services.
Information You Provide to Us

When you download, register with, or use the Services, we may ask you provide information by which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“).

This information includes:

  • Information that you provide by filling in forms on the Services App. This includes information provided at the time of applying to become a partner, creating a secure account, logging in, inviting friends to join Kresus, or appointing an asset guardian. This information may include your email address, company name, website URL, telephone number, country, FaceID, touch ID, pin code, name, Kresus Web3 identity, social media handles, photo, contacts, language, security questions and answers, bio, contact information belonging to your contacts and asset guardians, information related to the kind of support you are looking for, and information related to what you are hoping to accomplish with Kresus.  
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us. 
  • Details of transactions you carry out through the App and of the fulfillment of your orders. This information my include your wallet info, wallet address, contact names, photos, nicknames, email addresses, and telephone numbers, balance, recent transactions, transaction ID, notes, QR Code, credit card number, expiration date, and CVV, billing name, and billing address.
  • Your search queries on the Services.
Automatic Information Collection and Tracking

When you download, access, and use the Services, we may use technology to automatically collect:

  • Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services. 
  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, personal contacts, address book information, photos, audio, videos, and local cache.
  • Location Information. This App collects real-time information about the location of your device.

If you do not want us to collect this information do not use the Services or download the App.  You may also opt out of certain information collection at any time using your device settings. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). See Your Choices About Our Collection, Use, and Disclosure of Your Information for information on how you can opt out of behavioral tracking on or through the Services and how we respond to browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your computer or smartphone. It may be possible to refuse to accept cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting you may be unable to access certain parts of our Services. 
  • Web Beacons. Pages of the Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Kresus, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain content and verifying system and server integrity).
  • Device fingerprinting. Device fingerprints enable us to uniquely identify your device or browser.
Third-Party Information Collection

When you use the Services or their content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Advertisers, ad networks, and ad servers.
  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the Services and their contents, and any other information, products or services that you request from us.
  • Verify your identity.
  • Give you notices about your account.
  • Understand how users interact with our Services and gauge user interest.
  • Improve our Services and customize and optimize your experience.
  • Maintain the Services and troubleshoot problems.
  • Carry out advertising and marketing activities.
  • Prevent fraud.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • Fulfill any other purpose for which you provide it.
  • For any other purpose with your consent.

The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the Services.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please see Your Choices About Our Collection, Use, and Disclosure of Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business, including: advertising networks, customer relationship management platforms, digital trading platforms, financial services companies, messaging applications, mobile application platforms, payment processors, social networks (including links to our Facebook, Instagram, LinkedIn, and Twitter pages), technology providers, video sharing platforms (including YouTube- for more information about YouTube’s collection of information, see Google’s privacy policy at: http://www.google.com/policies/privacy), and your bank.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Kresus’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Kresus about our Services’ users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including our Terms and Conditions, and for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Kresus, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. We do not respond to Do-Not-Track signals at this time; however, we have enabled mechanisms to provide you with the following control over your information:

  • Tracking Technologies. You can set your browser or device to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly. 
  • Third parties, including Google, may place and read cookies on your browser or device, or use web beacons to collect information in connection with ad serving on or through the Services. Our partners will collect personal information for personalization of ads and use cookies for personalized and non-personalized advertising and measurement. Ad serving may be based on users’ visits to our Services or other websites or apps, and your activity may be tracked over time and across websites or apps. For information about how Google collects, shares, and uses data, please visit: https://policies.google.com/technologies/partner-sites. You may opt out of personalized ads from Google by visiting the Google Ads Settings web page at: http://www.google.com/ads/preferences/. For more information, please visit Google’s privacy policy at: https://policies.google.com/privacy?hl=en&fg=1.
  • Promotion by Kresus. If you do not want us to use your information to promote our own or third parties’ products or services, you can opt-out by stating your request to legal@kresus.com. 
  • Targeted Advertising. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads (including ads served using non-cookie technologies) from members of the NAI on the NAI’s website, available at: https://optout.networkadvertising.org/?c=1. You can also visit the Digital Advertising Alliance’s website, available at https://youradchoices.com/, to use its Consumer Choice Tools.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: legal@kresus.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

You may also send us an email at legal@kresus.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and an in-App alert the first time you use the Services after we make the change.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Kresus Labs, Inc.

legal@kresus.com