KITE AI NFT Mint Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," or "your") and Kite AI Ltd. ("Kite AI", "we," "us," or "our"), governing your access to and use of this website ("Website"), your participation in the minting of the Kite AI non-fungible token ("KITE AI NFT") made available through the Website, and your access to and use of the Kite AI NFT. IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND KITE AI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. Please carefully review Section 5 (Waiver; Arbitration; Choice of Law) below for details regarding arbitration. BY CLICKING THE "I ACCEPT" BUTTON OR SIMILAR ATTESTATION SUCH AS LINKING YOUR DIGITAL WALLET, OR BY OTHERWISE INTERACTING WITH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS EFFECTIVE AS OF THE DATE OF SUCH ACTION. You acknowledge and represent that you have carefully read these Terms, you are of legal age to accept these Terms, and that you agree to be legally bound by these Terms in their entirety. If you do not agree to these Terms, you are not authorized to access or use the Website or mint the KITE AI NFT. Kite AI reserves the right to modify, amend, update, or supplement these Terms ("Updates") at any time in our sole discretion. Your continued use of the Website and the KITE AI NFT after any Updates constitutes your acceptance of the Terms with all Updates. 1.WEBSITE OVERVIEW AND MINT The Website enables eligible users to mint a KITE AI NFT by connecting a cryptocurrency wallet ("Digital Wallet") and initiating the minting transaction via the interface provided. Kite AI does not guarantee successful minting or delivery of the KITE AI NFT. You are solely responsible for verifying the accuracy of any transaction details before signing or submitting a transaction through your Digital Wallet. The KITE AI NFT is a digital collectible offered in limited supply solely for community engagement purposes, and made available at no charge to you. It has no monetary value and we make no representations about any KITE AI NFT's future value, functionality, utility, or otherwise. To mint the KITE AI NFT, you must connect a Digital Wallet to the Website and maintain access to the designated Digital Wallet for so long as you access the Website and hold the KITE AI NFT. We neither control your Digital Wallet nor have any access to the KITE AI NFT in your Digital Wallet. You have the sole responsibility to (i) establish and maintain, in fully operational, secure, and valid status, access to your Digital Wallet, and (ii) maintain, in your fully secure possession, the credentials for accessing your Digital Wallet and the private key for your Digital Wallet. 2.YOUR REPRESENTATIONS You are not (i) residing in, domiciled in, or otherwise organized, incorporated or based in Iran, North Korea, Cuba, Syria, China, Afghanistan, Central African Republic (the), Congo (the Democratic Republic of the), Libya, Mali, Russia, Somalia, Sudan, Yemen, or any other jurisdiction that is subject to sanctions by the U.S. Office of Foreign Assets Control or (ii) an individual or corporate body who is otherwise prohibited or ineligible in any way, whether in full or in part, under any law applicable to you from participating in the minting of the KITE AI NFT or owning the same, or otherwise using the Website. 3.INTELLECTUAL PROPERTY RIGHTS You acknowledge and agree that we own all right, title, and interest in and to the Website and the artwork associated with the KITE AI NFT (such artwork, "NFT Artwork"). Kite hereby grants you, so long as you are the owner of the applicable KITE AI NFT, a license under copyright to reproduce, distribute, publicly display, and publicly perform the NFT Artwork solely for your personal use. 4.DISCLAIMERS AND LIMITATION OF LIABILITY THE WEBSITE AND THE KITE AI NFT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS OR FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL KITE AI OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS ("KITE AI PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER UNDER THESE TERMS OR OTHERWISE IN CONNECTION WITH OR ARISING FROM THE WEBSITE OR THE KITE AI NFT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE TOTAL CUMULATIVE LIABILITY OF THE KITE AI PARTIES SHALL NOT EXCEED ONE (1) UNITED STATES DOLLAR. 5.WAIVER; ARBITRATION; CHOICE OF LAW YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY COLLECTIVE OR REPRESENTATIVE PROCEEDING. All disputes must be brought individually and you waive any right to participate in class action lawsuits, join claims with other parties, serve as a representative in collective proceedings, or consolidate claims with other disputes. This waiver is an essential part of the arbitration provisions in this Section and applies even if the arbitration provision is found unenforceable. You and Kite AI agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Any dispute, controversy or claim arising out of or relating to these Terms or the KITE AI NFT shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the Cayman International Mediation and Arbitration Centre Ltd ("CI-MAC"). The language of the arbitration shall be English. The seat of the arbitration shall be the Cayman Islands. The arbitration shall be conducted before a single arbitrator to be selected from the CI-MAC Panel of Arbitrators. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. These Terms are governed by the laws of the British Virgin Islands, without regard to conflict of law principles.

Kite AI reserves the right to modify, amend, update, or supplement these Terms ("Updates") at any time in our sole discretion. Your continued use of the Website and the KITE AI NFT after any Updates constitutes your acceptance of the Terms with all Updates.