Terms & Condition

Last Updated: February 2024
These Terms and Conditions (‘Terms’) govern how you may use the Kmall (“Platform”, “Kmall”, “we”, “us”, or “our”), and its functionalities in order to mint LayerK Token (‘Services’).
These Terms apply between Kmall and you, the person accessing or using the Platform (“User”, “you” or “your”). These Terms form a legally binding contract between Kmall and you.
By agreeing to our Terms, you confirm that you have read, understood, and accepted the respective Terms. If you do not agree to the Terms or it would be unlawful for you to use our Services, you should not provide your consent and you are not entitled to use our Services.
By utilizing our Platform and its functionalities, you explicitly acknowledge and accept the potential risks linked to digital assets. Kmall holds no responsibility for any adverse outcomes resulting from your use of the Platform. Any content is provided for your general information purposes only and to inform you about the Company, our products, features, services, and other third-party partners (the “Third-Party Partners”), and Third-Party Partners Websites that may be of interest. The information provided here by Kmall does not constitute technical, investment, financial, or legal advice or any other type of recommendation. You should always use your own independent judgment, due diligence, and own research when using our Platform and its content.
These Terms may be made available in several languages for educational purposes only. In case of any inconsistency between the English version and a translated version, the English version prevails.
1. DEFINITIONS
1.1. “Devices” refers to the following Minting hardware devices: the LayerK One Smartphone, and xK Minting Machines (500, 1000, 5000, 10000 and Validator) purchased and delivered from Lyotech Labs Electronics Trading LLC (“Collaborative Partner”) through the website https://lyotechlabs.com/.
1.2. “2access” is an intermediary platform that operates as a unified sign-on system enabling Users to access Third-Party Partners services and products offered on their platforms, which encompasses platforms such as XERA, Lyotech Labs, LayerK and Kmall platform.
1.3. “Minter” refers to the Users who create (Mint) new tokens or who create and authenticate a digital representation such as Non-Fungible Tokens (NFTs).
1.4. “Account” means the Account created on the 2access platform to use the platform.
1.5. “License” is a permission granted by LayerK, a Third-party Partner allowing Users to access embedded software in its products or services.
1.6. “NFT” is a non-fungible token (NFTs) operating as a proof of ownership and license certificate embedded in LayerK hardware.
1.7. “Third-Party Partner” means the service providers, product developers and third-parties with which we have service agreements to maintain the Kmall Minting to the Users and community members. However, each one is governed by their own terms and policies. Kmall does not exercise any control or management over these Third-Party Partners websites, products and/or services. Users should display her/his/their own due diligence to read and understand each one of the legal documentation governing those products and services.
2. ELIGIBILITY
2.1. User refers to either a natural person who is at least 18 years of age, possessing legal capacity and the requisite authority to agree to these Terms, or a legal entity with the necessary authorization to enter into these Terms.
2.2. Eligibility requirements for accessing certain Third-Party Partner Websites may vary. Some of these Third-Party Partner Websites may allow minors to access their services. Users should carefully review and comply with the specific terms and conditions, age restrictions, and guidelines in each Third-Party Partner Website. Kmall is not liable for any disparities in eligibility criteria among the Third-Party Partner Websites. Users are encouraged to contact the particular Third-Party Partner Website directly for clarification on their access policies. Your access to Third-Party Partner Websites through our Platform is contingent upon your compliance with the respective Third-Party Partner Website's terms and conditions, as well as any applicable laws and regulations in your jurisdiction.
2.3. We reserve the right not to accept participants who are residents of countries or directly and/or indirectly related to persons/entities that are present on any OFAC and FATF political and economic sanctions list.
2.4. If a User decides to use products or services available on Third-Party Partner Websites, being geographically located in countries sanctioned by OFAC or FATF, the User automatically becomes obliged to follow all local and/or international regulations, subject to the sanctions provided for in the respective lists.
2.5. All Users originated from jurisdictions with any type of domestic and/or government restrictions on blockchain related businesses are fully liable to comply with applicable regulations thereon, otherwise be subject to legal consequences derived from inobservances.
3. MINTING REGISTRATION
3.1. To engage in the minting process using the Devices, you need to become a User through creating your Account in the 2access platform.
3.2. The Account will provide the User access to the online dashboard of their User profile (“Minting Portal”).
3.3. Users shall acknowledge and agree that the Kmall Platform reserves the right to impose restrictions on access from specific jurisdictions, as determined by its internal policies. Users shall comply with such restrictions and acknowledge that access to the Platform may be limited or prohibited in certain geographic areas.
3.4. In registering for the Account, you confirm that use of our Platform and Services will not violate any agreements, obligations, laws, or regulations applicable to you.
3.5. Kmall will provide Services only to registered Users and in accordance with the applicable laws and regulations whose identity has been verified and who have passed the customer due diligence process on the 2access platform and Kmall Platform.
3.6. As part of the registration process, we may request you furnish identification and details about yourself and your activities. Additionally, you will be required to submit specific documents that substantiate the provided information. Furthermore, we retain the authority, and in certain instances, the responsibility, to seek information from either public or private registries, or alternative sources, or involve third-party service providers to validate the accuracy of the information you have supplied. Such information may be shared with these entities. By accepting these terms, you affirm the authenticity, precision, and entirety of the information you provide during the registration process and throughout the duration of our association.
3.7. Users shall acknowledge that the decision to accept or decline their registration as a User is solely at our discretion. Notification of this decision will be communicated via the Platform or the email address provided during the registration process. It is the User's responsibility to furnish a valid and operational email address.
3.8. The User shall also have the obligation to promptly update any changes to the information provided during the Account opening process. Maintaining the continual accuracy and integrity of this information holds significant importance for both us and the smooth operation of the Platform.
4. ACCOUNT
4.1. As a condition of your use of the Platform, you agree not to:
4.1.1. Misuse or attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful (such as but not limited to denial-of-service attack);
4.1.2. Post false, inaccurate, misleading, defamatory, unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable content on our Platform through or on our services and in any other kind of social media platforms or private websites;
4.1.3. Use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any content of the Platform not owned by you in a way that violates someone else’s rights;
4.1.4. Conduct illicit transactions and holding a wallet that has any direct or indirect links and exposure to any sanctions, terrorist financing, child abuse, scam, fraud, or fraud service categories and/or hops; or
4.1.5. Attempt to gain unauthorized access to our Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform.
4.1.6. We reserve the right at our sole discretion, to limit your access to the services (or to its certain functions) or to fully terminate your access in case of repeated breach of these Terms or to take other measures to ensure compliance with applicable law or protection of third-party rights and interests.
4.1.7. The User hereby acknowledges and agrees that they shall not, under any circumstances, engage in the direct or indirect purchase of Accounts belonging to other Users on the Platform. Violation of this clause shall constitute a material breach of these Terms and may result in the immediate termination of the User's access to the Platform.
4.1.8. The User hereby acknowledge and agrees that having it’s access to the Platform terminated by any reason, may lead to loss of all of the assets related to yours account without any kind of rights and/or reparation against the Platform, it’s shareholders, directors, employees, partner or any kind of associated entity.
4.2. We retain the right to suspend or terminate your Account or Services on our Platform, or if necessary, report individuals to the appropriate authorities, and invoke remedies as permitted by applicable laws in cases where prohibited activities are identified.
5. THE Kmall PLATFORM
5.1. LayerK token Minting Process:
5.1.1. To start Minting, the User needs to have a Device, NFT License(s), and cLFi (collateral).
5.1.2. The white paper of the LayerK token is available at https://layerk.com/. By participating in the purchase or use of the LayerK tokens, you acknowledge and agree to be bound by that white paper.
5.2. Each Device is subject to different activation processes to begin Minting the LayerK Token, as defined below:
5.2.1. To start Minting with the LayerK One Smartphone, the User needs to go to the Minting Portal, scan a QR code, and activate the Device to begin the minting.
5.2.2. To start Minting with the xK Minting Machine (500, 1000, 5000, 10000 and Validator), the User needs to activate the NFT license in the Minting Portal with the IMEI of the device.
5.2.3. To start Minting with the LayerK Minting license, the User needs to activate the NFT license in the Minting Portal, which will automatically start producing the LayerK Tokens.
5.3. The Devices will contain the allocated NFT License(s) upon purchase.
5.4. Users will be able to log in to the Kmall Platform in order to view their Minting statistics, rewards, qualifications and all the detailed information related to the LayerK Token minting.
5.5. The Minting process is designed to be used only with LayerK’s compatible Devices and software. You are solely responsible for ensuring that you use only LayerK’s compatible Devices and software to conduct the Minting of the LayerK Tokens.
5.6. Kmall shall not be liable for any damages, including but not limited to, direct, indirect, incidental, punitive, and consequential damages arising from the use of unauthorized hardware or software to access and use the Services.
5.7. You acknowledge that we may update or modify the authorized Devices’ hardware and software requirements at any time, and you are responsible for ensuring that your Devices and software meet the updated or modified requirements.
6. FEES
6.1. All the fees and charges related to your use of the Kmall Platform are available on our website.
6.2. Unless otherwise set out in these Terms, it is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct for the Services, and to withhold, collect, report, and pay the correct amount of tax to the appropriate tax authorities.
7. RISKS RELATED TO MINTING
7.1. The process of Minting tokens might involve the following non-exhaustive list of risks:
7.1.1. Technical risks - Minting involves the use of complex computer software and hardware systems, which may be vulnerable to technical failures, errors, or hacking attempts. These risks could result in loss of minted tokens, personal data breaches, and other unforeseen issues.
7.1.2. Legal and regulatory risks: Minting may be subject to legal and regulatory requirements, which could change over time. Failure to comply with these requirements could result in fines, penalties, or other legal consequences.
7.1.3. Market risks: Minting may be affected by market volatility, which can lead to fluctuations in the value of the minted tokens. The market value of the tokens could be impacted by changes in supply and demand, changes in regulations, or other macroeconomic factors.
7.1.4. Any other risks beyond the control of Kmall: including but not limited to network difficulty, transaction volume, power failure, hardware failure, or other incidents outside the control of Kmall.
7.2. By accessing our Platform, you are further acknowledging that you are aware of the all risks associated with the use of these services and with engaging in transactions in cryptocurrencies, including, but not limited to, risks of financial loss, technology glitches (including, but not limited to, problems with the blockchain technology), and hacking. We diligently strive to furnish state-of-the-art systems and implement robust security measures. Nonetheless, certain issues and risks are unavoidable. If such issues or problems arise in connection with your use of our Platform, resolution timelines may vary, and certain issues may remain unresolved. By agreeing to these Terms, you acknowledge that Kmall is not responsible for the aforementioned risks on our Platform.
7.3. You assume the risks of engaging in transactions that rely on smart contracts and other experimental technology. Transactions may rely on smart contracts stored on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. You agree and acknowledge that LayerK will not be liable for any such adversities.
7.4. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a total loss of digital assets, their market value, or digital funds. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to interact with the Platform. Kmallgin is not liable for any of such risks.
7.5. You agree to the automated collection and disbursement of proceeds by smart contracts. You acknowledge and agree that all transactions accessed through the services will be automatically processed using one or more blockchain-based smart contracts. By engaging in transactions using the services, you acknowledge and consent to the automatic processing of all transactions in connection with using the services. You further acknowledge and agree that the applicable smart contract will dictate how the funds of a transaction and ownership of digital assets are distributed.
7.6. You are solely responsible for assessing the services prior to utilization, and all transactions facilitated through the services are irreversible, conclusive, and non-refundable. The services may be disabled, disrupted, or adversely affected by sophisticated cyber-attacks, increases in activity, computer viruses, and/or other operational or technical challenges, among other factors. We explicitly disclaim any ongoing obligation to notify you of all potential risks associated with using and accessing our services. By utilizing the services, you acknowledge and accept these risks, and you agree not to hold Kmall liable for any resulting losses.
8. YOUR PRIVACY AND PERSONAL INFORMATION
8.1. Your privacy and personal information are important to us. For further details you can check our Privacy and Cookies Policy.
9. LINKS TO THIRD-PARTY PARTNER WEBSITES
9.1. The Platform may contain hyperlinks or references to Third-Party Partner advertising and Third-Party Partner Websites other than the Platform. Any such hyperlinks or references are provided for your convenience and education only. We have no control over Third-Party Partner advertising or Third-Party Partner Websites and you understand and acknowledge that we have no legal responsibility for any content, material, or information contained in them. The display of any hyperlink and reference to any Third-Party Partner advertising or Third-Party Partner Websites does not mean that we endorse that Third-Party Partner’s Websites, products, or services. Your use of a Third-Party Partner Platform may be governed by the terms and conditions of that third-party platform and is at your own risk.
10. FORCE MAJEURE
10.1. We shall not be held liable if we fail to comply with these Terms due to circumstances beyond our reasonable control, including but not limited to the provisions outlined in this clause. In no event shall Kmall be responsible for inaccuracies, errors, delays, omissions, service disruptions, or interruptions in the services, whether in transmission or delivery of information as required by these Terms. Such circumstances include but are not limited to, forces beyond the reasonable control of the ayerK, such as, governmental actions, acts of terrorism, war, fires, disruptions in telecommunications or internet services, network provider issues, software malfunctions, network-wide compromises, hacking, strikes, labor disputes, accidents, civil or military disturbances, or other catastrophic events.
11. LIMITATION OF LIABILITY
11.1. Except to the extent prohibited by law and regardless of whether we were advised of the possibility of such damages, we do not assume any liability for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever arising from or in connection with the Platform including but not limited to loss of profits or revenues, loss of data, loss of assets, use of the Platform or Third-Party Partner Website, our liability for any claim arising out of or related to the Platform shall not exceed the value of the assets available in your Account, at the time of its loss, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or any other cause of action or legal or equitable theory.
12. DISCLAIMERS
12.1. There is a risk that we may be temporarily or permanently unable to provide access to the Platform and thus also to the services. The Platform is provided “as is” and “as available”. We and our Third-Party Partner Websites, expressly disclaim all representations or warranties of any kind, whether express, implied, statutory, or otherwise about the Platform and services, including, without limitation, any implied warranties of merchantability for a particular purpose, non-infringement or course of performance.
12.2. Kmall does not warrant that (i) the Platform will function uninterrupted, secure, or available at any particular time or location, or will be error-free or free of harmful components; (ii) any errors or defects will be corrected; (iii) the Platform is free of viruses or other harmful components; (iv) any content and data will be secure or not otherwise lost or damaged; (v) the results that may be obtained from the use of the services will be accurate or reliable; or (vi) the results of using the Platform will meet your requirements or expectations.
13. ASSUMPTION OF RISK
13.1. By accessing or using any Kmall services, you are further acknowledging that you are aware of the all risks associated with the use of these services and with engaging in transactions in cryptocurrencies, including, but not limited to, risks of financial loss, technology glitches (including, but not limited to, problems with the blockchain technology), and hacking. We diligently strive to furnish state-of-the-art systems and implement robust security measures. Nonetheless, certain issues and risks are unavoidable. If such issues or problems arise in connection with your use of our Platform, resolution timelines may vary, and certain issues may remain unresolved. By agreeing to these Terms, you acknowledge that Kmall is not responsible for the aforementioned risks on our Platform.
13.2. You assume the risks of engaging in transactions that rely on smart contracts and other experimental technology. Transactions may rely on smart contracts stored on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. You agree and acknowledge that Kmall will not be liable for any such adversities.
13.3. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a total loss of digital assets, their market value, or digital funds. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to interact with the Platform. Kmall is not liable for any of such risks.
13.4. You agree to the automated collection and disbursement of proceeds by smart contracts. You acknowledge and agree that all transactions accessed through the services will be automatically processed using one or more blockchain-based smart contracts. By engaging in transactions using the services, you acknowledge and consent to the automatic processing of all transactions in connection with using the services. You further acknowledge and agree that the applicable smart contract will dictate how the funds of a transaction and ownership of digital assets are distributed.
13.5. You are solely responsible for assessing the services prior to utilization, and all transactions facilitated through the services are irreversible, conclusive, and non-refundable. The services may be disabled, disrupted, or adversely affected by sophisticated cyber-attacks, increases in activity, computer viruses, and/or other operational or technical challenges, among other factors. We explicitly disclaim any ongoing obligation to notify you of all potential risks associated with using and accessing our services. By utilizing the services, you acknowledge and accept these risks, and you agree not to hold Kmall liable for any resulting losses.
14. ACCURACY OF THE INFORMATION ON THE PLATFORM
14.1. We endeavor to ensure the accuracy, currency, and bug-free nature of the Platform; however, we shall not be held responsible for any failure attributable to causes beyond our control. Additionally, we cannot guarantee that the Platform is suitable for any specific purpose. Your reliance on the information provided on the Platform is at your own risk.
14.2. We reserve the right to suspend or terminate access or operation of the Platform at our discretion. Any content on the Platform is for general informational purposes only, providing information about us, our products, news, features, services, and other Third-Party Partner Websites that may be of interest. However, this content has not been tailored to your specific requirements or circumstances and does not constitute technical, financial, legal advice, or any other type of advice. It should not be relied upon for any purpose. You should exercise your independent judgment when using our Platform and its content.
14.3. While we make efforts to ensure the availability of the Platform for your use, we do not guarantee uninterrupted access or continuous availability.
15. INDEMNIFICATION
15.1. The User, herein referred to as the "Indemnifying Party," agrees to indemnify and hold harmless Kmall, its officers, directors, employees, and affiliates, herein referred to as the "Indemnified Parties," from and against any and all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) incurred by the Indemnified Parties in connection with or arising out of (i) Any misuse, unauthorized access, or breach of security related to the cloud minting Services provided by Kmall, including but not limited to the Indemnifying Party's failure to maintain the security and confidentiality of access credentials. (ii) Any claims alleging that the minted tokens or related assets, including their creation, distribution, or use, infringe upon the intellectual property rights of any third party. (iii) Any violation of applicable laws, regulations, or governmental requirements by the Indemnifying Party related to their use of our Services. (iv) Any data breaches or security incidents involving the Indemnifying Party's data or information stored or transmitted through the Services. (v) Any negligent acts or omissions, misrepresentations, or breaches of these Terms by the Indemnifying Party.
15.2. The Indemnifying Party's indemnification obligations are contingent upon the Indemnified Parties:
15.2.1. Promptly notify the Indemnifying Party of any claim or potential claim subject to indemnification.
15.2.2. Cooperating fully with the Indemnifying Party in the defense or settlement of any such claim.
15.2.3. Allowing the Indemnifying Party to control the defense and settlement negotiations, provided that the Indemnifying Party acts reasonably and in good faith.
15.3. The Indemnifying Party shall not have any obligation to indemnify the Indemnified Parties for any settlement or compromise of a claim made without the Indemnifying Party's written consent.
15.4. This indemnification clause shall survive the termination or expiration of these Kmall Platform Terms and Conditions. The Indemnifying Party's indemnification obligations herein are not subject to any limitation of liability or exclusion of consequential damages set forth in these Terms. This clause is a material provision of these Terms, and both parties acknowledge and agree to its significance.
16. MODIFICATION
16.1. We are consistently engaged in the ongoing development and improvement of our Platform and services. We retain the discretion to modify, restrict access to, or terminate any functionalities and services on the Platform. We also reserve the right to unilaterally amend or update these Terms at any time without prior notice. Your continued use of our Platform and services following any such modifications will signify your acceptance of the revised Terms.
17. OWNERSHIP, USE, AND INTELLECTUAL PROPERTY RIGHTS
17.1. The intellectual property rights in the Platform and in any text, images, video, audio, or other multimedia provisions, software, or other information or material submitted to or accessible from the Platform (“Provisions”) are owned by us and our licensors.
17.2. We and Third-Party Partners reserve all intellectual property rights, including, but not limited to, all copyright, trademarks, domain names, codes, websites, design rights, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world. This means that Kmall and Third-Party Partners are owners of them and are free to use them as per our own interest.
17.3. These Terms confer no legal rights to you with respect to the Platform or the Provisions, except as required for accessing it. You agree not to modify, attempt to circumvent, or remove any notices present on the Platform or the Provisions, including intellectual property notices, particularly those related to digital rights or other security technology embedded or incorporated within the Platform or the Provisions.
18. NO THIRD-PARTY RIGHTS
18.1. These Terms are enforceable only by us and you, and no third-party has the right to enforce any provision herein.
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1. We will make diligent efforts to expeditiously and effectively address any disputes with you. If the User wishes to file a complaint, kindly contact us at your earliest convenience at [email protected]
19.2. You understand and agree that the support related to the products being sold in our platform are from the entire responsibility of their respective manufacturers and that Kmall has no powers to provide any kind of support related to the usage and warranty of such products.
19.3. The laws of the British Virgin Islands apply to these Terms. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the British Virgin Islands courts.
20. CONTACT US
20.1 In the event of any comments, questions, inquiries or complaints regarding this Terms and Conditions, the User has the right to submit questions and/or concerns at [email protected].

Update to Kminting support email