Introduction
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Skillet Group, Inc., doing business as Kettle and Kettle Pay (“Kettle,” “Kettle Pay,” the “Company,” “we,” “us,” or “our”) governing your access to and use of our application, websites, and all associated software, interfaces, and services (collectively, the “Service”).
By creating an account, or by accessing or using the Service in any manner, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not use the Service.
Important
SECTION 15 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, MEANING YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN SECTION 15.
1. Our Privacy Policy
Our Privacy Policy describes how we handle the information you provide when you use the Service. For an explanation of our privacy practices, please visit our Privacy Policy at www.kettlepay.net/privacy-policy.
2. The Service
2.1. What We Provide
The Service is a software platform that provides a technology interface for merchants. It enables you to: (a) create and manage a digital wallet for holding and transacting with supported crypto assets; (b) accept supported crypto assets from your customers and convert them into a USDC-denominated balance; (c) convert fiat currency into supported crypto assets for payout or other purposes; and (d) facilitate the settlement of balances in either fiat currency or supported crypto assets to a verified bank account or digital wallet, as applicable.
2.2. Our Role as a Technology Provider
You explicitly acknowledge and agree that the Company is a non-custodial software provider. We are not a bank, money transmitter, exchange, or custodian. Our Service connects you with independent, regulated third-party service providers who perform core functions. The Company does not take custody, possession, or control of your funds at any point. Our role is strictly limited to providing the software interface that facilitates your interaction with these third-party services.
3. Third-Party Services
The Service’s core functionality is dependent on services provided by independent third parties (“Third-Party Partners”). By using the Service, you acknowledge, agree to, and are subject to the terms and conditions of these partners.
(a) Wallet Services (Privy):
Non-custodial wallet infrastructure, creation, and security are provided by HORKOS, INC. (d/b/a Privy). Your use of the wallet is subject to Privy’s User Terms of Service. The Company does not control and is not responsible for the security, availability, or performance of the Privy wallet infrastructure. You are solely responsible for safeguarding your wallet credentials. We do not have access to, and cannot recover, your credentials or assets.
(b) Payment Processing and Money Transmission (Bridge):
All fiat currency custody, conversion between digital assets and fiat currency, and licensed money transmission services are provided exclusively by Bridge Building Inc. (“Bridge”). Your use of these services is subject to Bridge’s User Terms. Bridge may freeze, delay, or report transactions to comply with legal or regulatory obligations. The Company does not control these decisions and is not liable for any losses or damages arising from actions taken by Bridge or its financial partners.
(c) Identity Verification (Persona):
As a precondition of using the Service, you must complete identity verification ("KYC/KYB") through Persona Identities, Inc. ("Persona"). You agree to provide accurate, current, and complete information and consent to us sharing it with Persona for this purpose. The Company does not control, and is not responsible for, determinations made by Persona.
You hereby release and hold the Company harmless from any and all liability arising from your use of any Third-Party Partner’s services.
4. Account Registration and Identity Verification
4.1. Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use the Service. If you are using the Service on behalf of a business entity, you represent and warrant that you have the legal authority to bind that entity to these Terms.
4.2. Identity Verification
To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens an account. As a precondition of using the Service, you and your business must successfully complete our identity verification ("KYC/KYB") process. We may require you to provide information including, but not limited to:
- For Individuals: Full name, date of birth, residential address, email address, phone number, Social Security Number, and a copy of a government-issued photo identification.
- For Businesses: Legal name, physical address, Employer Identification Number (EIN), and the full name, date of birth, and address for all beneficial owners and at least one control person.
4.3. Ongoing Compliance
You agree to provide accurate, current, and complete information and to keep this information updated. We may require you to provide additional information and documents at any time at the request of a competent authority or to comply with applicable law or regulation. We reserve the right to suspend or terminate your account if we have reason to believe you have concealed or provided false information, or if transactions effected via your account breach these Terms.
5. Wallet and Account Security
5.1. Non-Custodial Nature
The digital wallet associated with your account is a self-custody wallet provided via Privy. The Company does not store, have access to, or control your private keys, passwords, or other credentials. We cannot initiate transactions, recover lost credentials, or reverse transactions.
5.2. Your Sole Responsibility
You are solely and entirely responsible for the security of your account and wallet. This includes safeguarding your login credentials, passwords, and any devices used to access the Service. Any activity on your account will be deemed to be authorized by you. Failure to secure your credentials may result in the total and irreversible loss of your assets.
5.3. Phishing and Fraud Warning
You are responsible for verifying the authenticity of any transaction before signing it with your wallet. Scammers may use “phishing” or other schemes to trick you into signing malicious transactions that drain your funds. The Company will never ask for your private keys or password. You are solely responsible for any losses due to malicious transactions you approve.
6. Assumption of Risk
You acknowledge and agree that you are using the Service at your own risk. The risks associated with crypto assets and blockchain technology are substantial. By using the Service, you acknowledge, accept, and assume all such risks, which include but are not limited to: volatility and loss of value; loss of access; blockchain weaknesses; irreversibility of transactions; regulatory uncertainty; reliance on third parties; and that the Service is for transactional, not investment, purposes.
7. Prohibited Activities
You agree not to use the Service, or assist any third party, to engage in unlawful activity, financial crimes, intellectual property infringement, technical misuse, high-risk businesses, unauthorized access, distribution of viruses, or any use not expressly permitted by these Terms. The Company reserves the right to investigate, suspend, or terminate your account without notice if we suspect you have engaged in any Prohibited Activities.
8. Compliance with Law and Sanctions
We are not permitted to engage in any transactions with any person, entity, or country prohibited by U.S. sanctions or other applicable sanctions laws. You will not be permitted to use the Service if doing so would be in breach of these laws.
9. White Glove Service
The Company may, in its sole discretion, offer certain eligible users an advance payout or credit service ("White Glove Service"). This service, if offered and accepted by you, is a form of short-term, unsecured credit subject to a separate agreement.
10. Fees
You agree to pay all applicable fees for using the Service as disclosed at the time of a transaction or otherwise posted. All fees are non-refundable. The Company may change its fees at any time.
11. Disclaimers of Warranties
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company and its affiliates disclaim all warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free access.
12. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or for losses resulting from user error, unauthorized access, actions by third-party partners, or blockchain or smart contract failures.
In no event shall the Company’s aggregate liability exceed the greater of $100 or the total fees paid by you in the six months preceding the claim.
13. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, costs, damages, losses, liabilities, and expenses arising from your use of the Service, your violation of these Terms, or your violation of applicable law.
14. Termination
If you breach these Terms, all licenses granted by the Company will terminate automatically. We may suspend, disable, or delete your account with or without notice for any or no reason.
All sections that should survive termination will remain in effect.
15. Dispute Resolution by Binding Arbitration
15.1. Informal Process First. You agree to first contact the Company and attempt to resolve disputes informally before pursuing arbitration.
15.2. Arbitration Agreement. Any remaining dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in English by a sole arbitrator seated in New York County, New York.
15.3. Class Action Waiver. You and the Company agree that each may bring claims only in an individual capacity and not in any class or representative proceeding.
15.4. Opt-Out. You may opt-out of this arbitration agreement by notifying hello@kettle.fi within 30 days of first agreeing to these Terms.
16. General Provisions
16.1. Updating These Terms. We may modify these Terms from time to time. Updates will be effective when posted. Your continued use of the Service constitutes acceptance.
16.2. Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and the Company.
16.3. Assignment. You may not assign these Terms without our consent. We may assign freely.
16.4. Force Majeure. The Company is not liable for delays or failures caused by events beyond our control.
16.5. California Residents. California residents may direct complaints to the California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or (800) 952-5210.
16.6. Governing Law. These Terms are governed by the laws of Delaware.
16.7. Severability. If any provision is invalid or unenforceable, the rest will remain in effect.
16.8. No Waivers. Our failure to enforce any right does not waive that right.
16.9. No Professional Advice. Information provided by the Service is for informational purposes only and not legal, financial, or professional advice.
16.10. Injunctive Relief. You agree that breaches of these Terms may cause irreparable harm and entitle the Company to equitable relief without proof of damages.
17. How to Contact Us
You may contact us regarding the Service or these Terms at: hello@kettle.fi