Terms of Service

1. GENERAL CONDITIONS

1.1 Scope of Services

These Terms govern access to and use of:

• Kaskade Pay.com.
• All associated websites, portals, dashboards, APIs, applications, and software.
• Cryptocurrency payment gateway services.
• Merchant payment processing services.
• Digital asset wallet services.
• Hosted custody solutions.
• Spot exchange services.
• API integrations and developer tools.
• Any related services provided by Kaskade Pay.

1.2 Acceptance of Terms

By registering for or using the Services, you represent and warrant that:

• You are a legal entity duly incorporated, organised, and validly existing under the laws of your jurisdiction of formation.
• You possess full legal capacity and authority to enter into binding agreements and to carry on the business for which you use the Services.
• The individual accepting these Terms on your behalf is at least eighteen (18) years of age and is duly authorised to bind you to these Terms.
• You will comply with all applicable laws and regulations.
• You are not a Restricted Person and are not incorporated in, or accessing the Services from, a Prohibited Jurisdiction.

1.3 Modifications

Kaskade Pay may modify these Terms at any time. Save as set out below, updated Terms become effective upon publication on the Company’s website.

Kaskade Pay will give Users at least thirty (30) days’ prior notice, by email or dashboard notification, of any change that materially and adversely affects a User’s rights or obligations under these Terms. This notice period does not apply to changes required immediately for legal, regulatory, or security reasons.

Continued use of the Services after a change takes effect constitutes acceptance of the revised Terms. A User who does not accept a material change may close its Account in accordance with Clause 20 before the change takes effect, without further liability other than for obligations already accrued.

1.4 No Financial Advice

Nothing provided by Kaskade Pay constitutes:

• Investment advice.
• Financial advice.
• Tax advice.
• Accounting advice.
• Legal advice.

Users are solely responsible for obtaining independent professional advice.

1.5 Service Availability

Kaskade Pay may suspend Services, restrict functionality, upgrade systems, conduct maintenance, or discontinue products where reasonably necessary for security, compliance, operational, or business purposes.

Kaskade Pay will give reasonable advance notice of planned suspensions or material service changes where reasonably practicable, save where immediate action is required for security, compliance, or legal reasons.

1.6 Nature of Services and Regulatory Status

Kaskade Pay is a Panama corporation providing cryptocurrency payment, wallet, custody, and exchange services. Kaskade Pay is not a bank, electronic money institution, deposit taking institution, investment firm, or broker dealer.

The Services do not constitute banking or deposit taking. Digital Assets held through the Services are not covered by any deposit insurance, investor compensation, or client money protection scheme in any jurisdiction.

Digital Assets are not legal tender in most jurisdictions and are not backed or guaranteed by any government or central bank.

2. DEFINITIONS

For the purposes of these Terms, the following words have the meanings set out below, unless the context otherwise requires:

Account

Means a registered user profile maintained with Kaskade Pay.

Affiliate

Means, in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party.

API

Means any application programming interface made available by Kaskade Pay.

Authorised Representative

Means a director, officer, employee, or other individual authorised by a Merchant to accept these Terms, access the Services, or otherwise act on the Merchant’s behalf.

Blockchain

Means a distributed ledger technology used to record digital asset transactions.

Business Day

Means a day other than a Saturday, Sunday, or public holiday in the Republic of Panama.

Custody Services

Means digital asset storage solutions provided by Kaskade Pay or approved third party custodians.

Digital Asset

Means cryptocurrency, token, stablecoin, virtual asset, or blockchain based asset.

Effective Date

Means the date these Terms take effect, as stated on the first page.

Exchange Services

Means spot conversion of one digital asset into another digital asset.

Fees

Means the amounts charged by Kaskade Pay for the Services, as set out in Clause 12.

Force Majeure Event

Has the meaning given in Clause 26.

KYB

Means Know Your Business verification procedures.

KYC

Means Know Your Customer verification procedures.

Losses

Means all claims, damages, liabilities, losses, penalties, costs, and expenses.

Merchant

Means a business utilising the payment gateway or merchant processing services.

Prohibited Jurisdiction

Means a jurisdiction identified by Kaskade Pay from time to time as subject to comprehensive sanctions, embargo, or other restriction under Clause 15.

Restricted Person

Means a person or entity that is subject to Sanctions Laws, appears on a sanctions list, or is otherwise prohibited from using the Services under Clause 10.

Sanctions Laws

Means economic and trade sanctions laws and regulations administered by any competent authority with jurisdiction over Kaskade Pay, a Merchant, or a transaction.

Services

Means all services offered by Kaskade Pay, as described in Clause 3.

Terms

Means these Terms of Service, together with any policies referenced in them, as amended from time to time.

User Content

Means any content, including logos, trademarks, or branding materials, submitted by a User for use within the Services.

Wallet

Means a digital asset address or account used to hold virtual assets.

3. SERVICES

3.1 Overview

Kaskade Pay may provide:

• Cryptocurrency Payment Gateway Services.
• Merchant Processing Services.
• Hosted Wallet Services.
• Custody Services.
• Spot Exchange Services.
• API Services.
• Blockchain Infrastructure Services.

3.2 Service Modifications

The Company reserves the right to add new services, modify existing services, remove services, or change technical specifications, at its reasonable discretion and, where the change is material, subject to Clause 1.3.

3.3 Third Party Providers

Certain Services may be facilitated by liquidity providers, custodians, banking partners, compliance vendors, and blockchain analytics providers. Kaskade Pay is not responsible for the independent actions or omissions of third party providers, except where required by law or to the extent such providers are acting as Kaskade Pay’s subcontractors in performing Kaskade Pay’s own obligations under these Terms.

4. API SERVICES

4.1 Licence

Subject to compliance with these Terms, Kaskade Pay grants Users a limited, revocable, non-exclusive licence to access and use the API.

4.2 API Credentials

Users are responsible for protecting API keys, restricting unauthorised access, and monitoring their integrations.

4.3 Prohibited API Uses

Users may not:

• Reverse engineer the API.
• Circumvent security measures.
• Exceed rate limits.
• Engage in abusive automated activity.
• Attempt unauthorised access.

4.4 API Availability

Kaskade Pay does not guarantee uninterrupted API availability.

5. CRYPTOCURRENCY PAYMENT PROCESSING

5.1 Merchant Services

Merchants may generate payment links, invoices, checkout integrations, and API payment requests.

5.2 Blockchain Confirmations

Transactions are considered complete only once the required blockchain confirmations, as determined by Kaskade Pay, have been received.

5.3 Finality

Blockchain transactions are generally irreversible. Users acknowledge that mistaken transfers, incorrect wallet addresses, and use of unsupported assets will result in permanent loss.

5.4 Processing Delays

Transactions may be delayed due to blockchain congestion, compliance reviews, network disruptions, or technical issues.

6. HOSTED WALLETS AND CUSTODY SERVICES

6.1 Custody Models

Kaskade Pay may offer hosted wallets, third party custody, and hybrid custody arrangements.

6.2 Ownership

Users retain beneficial ownership of Digital Assets held on their behalf.

6.3 Standard of Care

Kaskade Pay will exercise reasonable skill and care, consistent with prevailing industry practice, in providing Custody Services.

6.4 Segregation and Non-Use

Digital Assets held on behalf of Users through Custody Services are held separately from Kaskade Pay’s own corporate assets and are not loaned, pledged, rehypothecated, or otherwise used by Kaskade Pay for its own account, except with the User’s prior written consent.

6.5 Security

Kaskade Pay may implement multi-signature controls, cold storage, hot wallet systems, encryption, and transaction monitoring.

6.6 Custody Risks

Users acknowledge cybersecurity risks, smart contract risks, blockchain protocol risks, and custodian risks. No custody solution is entirely risk free.

7. SPOT EXCHANGE SERVICES

7.1 Exchange Transactions

Users may exchange supported Digital Assets through the platform.

7.2 Market Conditions

Exchange rates are affected by liquidity, volatility, and market conditions. Quotes may change prior to execution.

7.3 Execution

An order is considered executed only when confirmed by Kaskade Pay’s systems.

7.4 Trading Restrictions

Kaskade Pay may reject or cancel transactions where compliance concerns arise, technical errors occur, market manipulation is suspected, or fraud indicators are detected.

8. ACCOUNT REGISTRATION

8.1 Registration Requirements

Users must provide accurate and complete information.

8.2 Security Responsibilities

Users are responsible for password security, multi-factor authentication, device security, and Account monitoring.

8.3 Unauthorised Access

Users must promptly notify support@kaskade.com upon discovery of unauthorised activity.

8.4 One Account Policy

Kaskade Pay may restrict duplicate or fraudulent accounts.

8.5 Account Closure by User

Users may close their Account at any time by written request to support@kaskade.com, subject to completion of any pending transactions, settlement of outstanding Fees, and applicable compliance obligations.

9. KYC, KYB, AML AND COMPLIANCE

9.1 Mandatory Verification

KYB is required for every Merchant as a condition of using the Services. KYC is required for the individuals connected with a Merchant, including its directors, beneficial owners, and authorised representatives.

9.2 Verification Requirements

Verification may include government issued identification, proof of address, corporate registration documents, beneficial ownership information, and source of funds documentation.

9.3 Enhanced Due Diligence

Kaskade Pay may require Enhanced Due Diligence ("EDD") at any time.

9.4 Transaction Monitoring

The Company may monitor all activity for money laundering, terrorist financing, fraud, and sanctions violations.

9.5 Recordkeeping

Records may be retained for the periods required by applicable law.

9.6 Consent to Processing

By submitting verification information, a Merchant, and the individuals connected with it, consent to its processing by Kaskade Pay and its compliance vendors for the purposes described in this Clause 9, in accordance with Clause 19 (Privacy and Data Protection).

10. SANCTIONS COMPLIANCE

10.1 Restricted Persons

Services may not be used by Restricted Persons, blocked persons, terrorist organisations, or individuals subject to sanctions restrictions.

10.2 Restricted Jurisdictions

Services are not available in jurisdictions subject to comprehensive sanctions or embargoes.

10.3 Screening

Kaskade Pay may perform name screening, wallet screening, blockchain analytics reviews, and ongoing sanctions monitoring.

10.4 Suspicious Activity

The Company may freeze, reject, delay, or report transactions where legally required.

11. RESTRICTED TERRITORIES AND FINANCIAL PROMOTIONS

11.1 No Solicitation of Restricted Retail Markets

The Services, and any related marketing or promotional material, are not directed at retail consumers in any jurisdiction where such promotion would require a licence, registration, or approval that Kaskade Pay does not hold.

11.2 No Regulatory Authorisation

Kaskade Pay is not authorised or regulated by any financial services regulator, and the Services do not benefit from any deposit protection, investor compensation, or client money protection scheme.

11.3 User Responsibility

A User who accesses the Services from a jurisdiction where such access is restricted, unauthorised, or unlawful does so on its own initiative and is solely responsible for compliance with local law. Kaskade Pay reserves the right to restrict access from any jurisdiction at its discretion.

11.4 Business to Business Only

The Services are offered exclusively to corporate Merchants and are not available to, and must not be used by, individual consumers.

12. FEES, PRICING AND SETTLEMENT

12.1 Service Fees

Kaskade Pay may charge Fees for payment processing, wallet services, exchange services, API usage, custody services, merchant services, network related activities, and premium features. Applicable Fees may be displayed within the Platform, Merchant Dashboard, API documentation, or other service specific materials.

12.2 Fee Modifications

Kaskade Pay reserves the right to modify Fees at any time. Updated Fees become effective upon publication or notification through the Platform, save that Kaskade Pay will give Users at least thirty (30) days’ prior notice of any increase to recurring account, custody, or subscription Fees. This notice requirement does not apply to transaction based fees, network fees, or fee changes required by law.

12.3 Blockchain Network Fees

Users acknowledge that blockchain network fees are not controlled by Kaskade Pay and may fluctuate significantly. Network fees may be charged separately, deducted from transaction amounts, or passed through to Users.

12.4 Exchange Rate Determination

Digital asset exchange rates are determined based on available liquidity, market conditions, third party liquidity providers, and internal pricing engines. Quoted prices may differ from final execution prices due to market movement.

12.5 Taxes

Users are solely responsible for tax reporting, tax withholding, tax payments, and regulatory filings. Kaskade Pay does not provide tax advice.

13. REFUNDS AND REVERSALS

13.1 No Refunds

Kaskade Pay does not offer refunds under any circumstances, and all transactions processed through the Services are final. Blockchain transactions are irreversible once the required confirmations have been received. A transaction may be initiated by a Merchant, for example when withdrawing or transferring Digital Assets, or by a Merchant’s own customer, for example when paying that Merchant for goods or services, and Kaskade Pay has no control over, and is not a party to, the choice of wallet address, Digital Asset, transaction amount, or counterparty made by whichever of those persons initiates the transaction.

13.2 Merchant Responsibility

Merchants are solely responsible for customer refunds, customer support, product disputes, and service disputes. Kaskade Pay is not a party to, and does not adjudicate or refund on account of, a dispute between a Merchant and its own customer.

13.3 Unsupported Assets

Digital assets sent to unsupported wallet addresses may be permanently unrecoverable. Kaskade Pay is under no obligation to attempt recovery, and any assistance Kaskade Pay elects to provide is offered on a discretionary, no obligation basis and does not constitute a refund or an admission of liability.

13.4 Full Policy

Further detail is set out in Kaskade Pay’s separate Refund Policy, which is incorporated into these Terms by reference.

14. PROHIBITED BUSINESSES AND ACTIVITIES

14.1 General Restriction

Users may not use the Services for unlawful activities.

14.2 Prohibited Businesses

The following businesses and activities are prohibited:

Financial Crimes: money laundering; terrorist financing; sanctions evasion; fraud schemes; Ponzi schemes; pyramid schemes.

Illegal Products: narcotics; controlled substances; counterfeit products; stolen goods; illegal pharmaceuticals.

Weapons: illegal firearms; restricted weapons; ammunition sales prohibited by applicable law.

Deceptive Practices: scam operations; fake investment opportunities; market manipulation; false advertising.

Unlicensed Financial Services: unlicensed money transmission or virtual asset services; unregistered securities or derivatives offerings; anonymity enhanced cryptocurrency mixing or tumbling services where prohibited by law; privacy coin transactions where prohibited by Kaskade Pay’s risk policies.

Other High Risk Activities: any activity Kaskade Pay reasonably considers to present excessive legal, regulatory, reputational, or financial crime risk.

14.3 Enforcement

Kaskade Pay may immediately suspend or terminate any Account associated with prohibited activity.

15. PROHIBITED JURISDICTIONS

15.1 Geographic Restrictions

The Services may not be available in countries subject to comprehensive sanctions, embargoed jurisdictions, or high risk jurisdictions designated by competent authorities.

15.2 Dynamic Restrictions

Kaskade Pay reserves the right to restrict countries, regions, or specific Users at any time based on legal, regulatory, security, or business considerations.

15.3 User Responsibility

Users are responsible for ensuring that their use of the Services is lawful within their jurisdiction.

16. SECURITY

16.1 User Responsibilities

Users shall maintain strong passwords, enable multi-factor authentication, protect API credentials, and protect devices used to access the Services.

16.2 Unauthorised Access

Users must promptly notify support@kaskade.com of any suspected compromise.

16.3 Kaskade Pay Security Measures

Kaskade Pay will maintain administrative, technical, and physical safeguards designed to protect the Services and Custody Services against unauthorised access, consistent with prevailing industry standards, including encryption, fraud detection systems, transaction monitoring, multi-signature controls, and access restrictions.

16.4 No Security Guarantee

No security system is completely immune from compromise. Users acknowledge and accept residual cybersecurity risks.

17. DIGITAL ASSET RISK DISCLOSURE

17.1 General Risks

Digital assets involve significant risks. Users may lose all or substantially all value associated with digital assets.

17.2 Market Volatility

Digital asset prices may experience extreme fluctuations, liquidity shortages, flash crashes, and market disruptions.

17.3 Technology Risks

Risks include blockchain failures, consensus failures, smart contract vulnerabilities, network congestion, and forks.

17.4 Regulatory Risks

Changes in law may affect the availability of the Services, asset values, and transaction legality.

17.5 User Responsibility

Users assume all risks associated with digital asset ownership and transactions.

18. INTELLECTUAL PROPERTY

18.1 Ownership

All intellectual property relating to the Services, including software, APIs, documentation, trademarks, logos, source code, and platform content, remains the exclusive property of Kaskade Pay.

18.2 Restrictions

Users may not copy, reverse engineer, modify, resell, or create derivative works of the Services without Kaskade Pay’s prior written consent.

18.3 Feedback

Any feedback submitted to Kaskade Pay may be used by Kaskade Pay without compensation or restriction.

18.4 User Content

Users may submit User Content, such as logos, trademarks, or branding materials, for use within checkout and payment interfaces. Users grant Kaskade Pay a limited, non-exclusive licence to use User Content solely to provide the Services, and represent that they hold all rights necessary to grant this licence.

19. PRIVACY AND DATA PROTECTION

19.1 Data Collection

Kaskade Pay may collect identity information, contact information, transaction information, device information, and compliance information.

19.2 Compliance Uses

Information may be used for KYC, KYB, AML compliance, sanctions screening, and fraud prevention.

19.3 Applicable Data Protection Law

Kaskade Pay processes personal data in accordance with Panama’s Law 81 of 2019 on Personal Data Protection and any other data protection law that applies to the processing in question. Further detail on Kaskade Pay’s data processing practices, legal bases, retention periods, and User rights is set out in its separate Privacy Policy, which is incorporated into these Terms by reference.

19.4 Information Sharing

Information may be shared with regulators, law enforcement, compliance vendors, banking partners, and service providers, when legally permitted or required.

19.5 International Transfers

Where personal data is transferred outside the jurisdiction in which it was collected, Kaskade Pay will take appropriate contractual, technical, and organisational safeguards to the extent required by applicable law.

19.6 Data Subject Rights

Individuals connected with a Merchant may exercise rights of access, rectification, cancellation, opposition, and portability, where applicable under law, by contacting legal@kaskade.com. An individual cannot register for or hold an Account in their own right, in accordance with Clause 1.2.

19.7 Retention

Records may be retained for the periods required by law or Kaskade Pay’s internal compliance policies.

20. SUSPENSION AND TERMINATION

20.1 Suspension Rights

Kaskade Pay may suspend any Account where compliance concerns arise, fraud is suspected, security risks are identified, or legal obligations require action.

20.2 Termination Rights

Kaskade Pay may terminate the Services with or without notice, for convenience, for compliance reasons, for security reasons, or for material breach of these Terms.

20.3 Cure Period for Remediable Breach

Where Kaskade Pay terminates for a breach of these Terms that is capable of remedy, and the termination is not on grounds of compliance, fraud, security, or legal obligation, Kaskade Pay will give the User not less than fourteen (14) days to remedy the breach before termination takes effect.

20.4 Effect of Termination

Upon termination, access may cease immediately, open transactions may be cancelled, and assets may remain subject to compliance review.

20.5 Return of Funds

Subject to completion of any compliance checks required by law, and save where assets are subject to a legal or regulatory freeze, restraint, or investigation, Kaskade Pay will use reasonable endeavours to enable the User to withdraw any Digital Assets or funds held for the User’s benefit within thirty (30) days of termination or Account closure.

20.6 Regulatory Holds

Assets may be frozen where required by law or governmental order.

21. INDEMNIFICATION

21.1 User Indemnity

Users agree to defend, indemnify, and hold harmless Kaskade Pay, its officers, directors, employees, affiliates, agents, licensors, and service providers from any Losses arising from: use of the Services; violation of these Terms; violation of law; infringement of third party rights; fraudulent conduct; or negligent conduct of the User.

21.2 Legal Costs

Indemnification includes reasonable attorneys’ fees, investigation costs, court costs, and settlement amounts.

21.3 Survival

These indemnification obligations survive termination of the Services and these Terms.

22. DISCLAIMER OF WARRANTIES

22.1 Services Provided "As Is"

THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KASKADE PAY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

22.2 No Warranty of Availability

KASKADE PAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR ALWAYS AVAILABLE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL MEET USER REQUIREMENTS.

22.3 No Warranty Regarding Digital Assets

KASKADE PAY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE VALUE OF DIGITAL ASSETS, FUTURE PRICE PERFORMANCE, MARKET LIQUIDITY, OR PROFITABILITY OF TRANSACTIONS.

22.4 Third Party Systems

KASKADE PAY DISCLAIMS LIABILITY FOR BLOCKCHAIN NETWORKS, INTERNET PROVIDERS, CUSTODIANS, BANKING PARTNERS, LIQUIDITY PROVIDERS, AND THIRD PARTY SOFTWARE, EXCEPT TO THE EXTENT SUCH THIRD PARTY IS ACTING AS KASKADE PAY’S SUBCONTRACTOR IN PERFORMING KASKADE PAY’S OWN OBLIGATIONS UNDER THESE TERMS.

22.5 Preservation of Non-Excludable Liability

Nothing in this Clause 22 excludes or limits any liability which may not lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation.

23. LIMITATION OF LIABILITY

23.1 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO CLAUSES 23.4 AND 23.5, KASKADE PAY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OF DATA.

23.2 Aggregate Liability Cap

SUBJECT TO CLAUSES 23.4 AND 23.5, KASKADE PAY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) USD $10,000; OR (B) THE TOTAL FEES PAID BY THE USER TO KASKADE PAY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

23.3 User Responsibility

USERS ASSUME FULL RESPONSIBILITY FOR WALLET ADDRESSES, PRIVATE KEYS, API CONFIGURATIONS, TRANSACTION INSTRUCTIONS, AND COMPLIANCE WITH LAW.

23.4 Custody Losses

None of the exclusions or limitations in this Clause 23 apply to Kaskade Pay’s liability for loss of Digital Assets held directly in Custody Services on behalf of a User, to the extent such loss results from Kaskade Pay’s fraud, wilful misconduct, or gross negligence. In such circumstances, Kaskade Pay’s liability is limited to the market value of the Digital Assets lost, determined as at the date the loss is discovered, and Clause 23.1 continues to exclude indirect and consequential loss.

23.5 Non-Excludable Liability

Nothing in these Terms excludes or limits Kaskade Pay’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot lawfully be excluded or limited.

24. GOVERNING LAW

24.1 Applicable Law

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, formation, or the Services (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Panama, without regard to conflict of law principles.

24.2 Exclusion of International Conventions

The Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

25. DISPUTE RESOLUTION AND VENUE

25.1 Good Faith Resolution

Before commencing proceedings, the parties shall attempt in good faith to resolve any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Services, any Account, or any transaction, by written notice to the other party, allowing thirty (30) days for resolution.

25.2 Exclusive Jurisdiction

Where a dispute is not resolved under Clause 25.1, the competent courts of Panama City, Republic of Panama, shall have exclusive jurisdiction to settle it, and each User irrevocably submits to that jurisdiction, save that Kaskade Pay may bring proceedings against a User in the courts of any jurisdiction in which that User is located or holds assets, for the purpose of enforcing a judgment or protecting Kaskade Pay’s rights.

25.3 Consumer Protections Preserved

Nothing in this Clause 25 deprives a User who is acting as a consumer of the protection afforded by any mandatory provision of the law of the country in which that User is habitually resident.

25.4 Language

All proceedings shall be conducted in English, save where the court requires otherwise.

25.5 Interim and Injunctive Relief

Nothing in this Clause 25 prevents either party from seeking precautionary or interim measures, injunctive relief, or equitable relief, from any court of competent jurisdiction, including to protect confidential information or intellectual property.

26. FORCE MAJEURE

26.1 Force Majeure Events

Kaskade Pay shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government actions, power outages, internet disruptions, blockchain failures, cyberattacks, and labour disputes.

26.2 Suspension Rights

Kaskade Pay may suspend Services during a Force Majeure Event without liability.

27. ELECTRONIC COMMUNICATIONS

27.1 Consent

Users consent to receive communications electronically.

27.2 Electronic Notices

Electronic notices may be provided through email, dashboard notifications, API communications, or website publication.

27.3 Legal Effect

Electronic communications have the same legal effect as paper communications.

28. RELATIONSHIP OF THE PARTIES

Nothing in these Terms creates a partnership, joint venture, agency, fiduciary relationship, or employment relationship between Kaskade Pay and a User. Nothing in these Terms makes a User a partner, shareholder, or fiduciary of Kaskade Pay, irrespective of any separate commercial designation, such as "Founding Partner", used in a promotional or commercial context, which is governed by separate written arrangements, if any, between the parties.

29. COMPLAINTS

29.1 Submitting a Complaint

Users may submit complaints regarding the Services to legal@kaskade.com.

29.2 Response Times

Kaskade Pay will acknowledge receipt of a complaint within five (5) Business Days and aim to provide a substantive response within thirty (30) days.

29.3 Escalation

If a complaint cannot be resolved informally, either party may proceed in accordance with Clause 25 (Dispute Resolution and Venue).

30. ASSIGNMENT

30.1 Company Assignment Rights

Kaskade Pay may assign or transfer its rights and obligations under these Terms without User consent, provided the assignee agrees in writing to assume Kaskade Pay’s obligations under these Terms.

30.2 User Assignment Restrictions

Users may not assign any rights or obligations under these Terms without Kaskade Pay’s prior written consent. Any attempted assignment in violation of this Clause 30.2 is void.

31. NO WAIVER

No failure or delay by either party in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise of any right precludes any other or further exercise of that or any other right.

32. SEVERABILITY

32.1 Partial Invalidity

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while reflecting the parties’ original intent.

33. THIRD PARTY RIGHTS

Except as expressly stated in Clause 21 (Indemnification) in favour of Kaskade Pay’s officers, directors, employees, affiliates, agents, licensors, and service providers, a person who is not a party to these Terms has no right to enforce any term of these Terms, and no such person is a third party beneficiary of these Terms.

34. ENTIRE AGREEMENT

34.1 Complete Agreement

These Terms constitute the entire agreement between the parties regarding the Services.

34.2 Superseding Effect

These Terms supersede all prior discussions, understandings, agreements, and representations, whether oral or written, regarding the Services.

34.3 Order of Precedence

Where separate service agreements exist, those agreements govern solely with respect to the services expressly covered by them.

34.4 Non-Reliance

Each party acknowledges that it has not entered into these Terms in reliance on any statement, representation, warranty, or understanding other than as expressly set out in these Terms, save that nothing in this Clause 34 excludes liability for fraudulent misrepresentation.

35. NOTICES

35.1 Notices to Kaskade Pay

Notices to Kaskade Pay shall be sent to legal@kaskade.com or to the registered office address set out in Clause 37.

35.2 Notices to Users

Notices to Users shall be sent to the email address or dashboard notification associated with the User’s Account.

35.3 Deemed Receipt

A notice is deemed received on the Business Day after it is sent, save where earlier actual receipt is proven.

36. INTERPRETATION

36.1 Headings

Headings are for convenience only and do not affect interpretation.

36.2 Including

References to "including" or "includes" mean "including, without limitation".

36.3 Singular and Plural

Words importing the singular include the plural and vice versa.

36.4 Statutory References

References to a statute or regulation include any modification, extension, or re-enactment of it.

36.5 Language of these Terms

These Terms are drawn up in English. Any translation is provided for convenience only, and the English version prevails in the event of any conflict.

37. CONTACT INFORMATION

Legal Entity

Kaskade Payment Solution Inc.

Registered Office

Torre Advanced Building, 1st Floor, Calle Ricardo Arias, Bella Vista, Panama City, Postal Code 08230, Republic of Panama

Support

support@kaskade.com

Legal Department

legal@kaskade.com

AML / Compliance

compliance.aml@kaskade.com

Website

https://kaskade.com

Acknowledgment

BY ACCESSING, REGISTERING FOR, INTEGRATING WITH, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ALL APPLICABLE POLICIES REFERENCED HEREIN.