Kuta Market - Terms & Conditions

Terms of Service

Last Updated: May 9th 2025

Please read these Terms of Use (the “Terms”) carefully because the govern the use of our website, mobile applications and other online products and services (collectively, the “Services”) belonging to CoreKuta Circle, LLC, a California limited liability company (together with its affiliates, “Kuta,” “Kuta Market”, “us,” “our,” and “we”) and Kuta Market’s products, services, features, properties and any content, products, services or other items offered in connection therewith (collectively and together with the Services, the “Services”), unless a separate agreement or agreements (collectively, the “Agreement”) exist between you and Kuta Market, in which case the Agreement will control thereafter against any documentation or other agreements or materials, including the Terms. If you do not agree to these Terms, then you have no right to access or use the Services. All information we collect on this Site is subject to our [Privacy Policy - HYPERLINK TO PRIVACY POLICY], which is incorporated herein by reference. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. As used herein, the term “you” (including any variant) refers to each individual who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms, in which case you represent and warrant that you have the authority to bind that entity to the Terms (and in that case, “you” will refer to the individual and that entity).

THE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND KUTA MARKET. BY ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY AND ABIDE BY THE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND AGREE TO THE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).

The Service is not directed to or intended for use by children under sixteen (16) years of age.

YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE UNDER 16 YEARS OLD AND YOU MAY NOT DO SO IF YOU ARE 16 YEARS OR OLDER, BUT UNDER 18 YEARS OLD OR LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, UNLESS YOU HAVE CONSENT FROM YOUR PARENT OR GUARDIAN TO USE THE SERVICES. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE.

THE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

Kuta Market may modify the Terms from time to time, in which case Kuta Market will post a new version on the Services and update the “Last Updated” date above. Modifications to the Terms are effective when posted to the Services. Your continued use of the Services following the posting of any changes constitutes your acceptance of such changes, and if you do not agree with these changes, you must immediately stop using the Services. Because the Services are evolving over time, Kuta Market may change or discontinue all or any aspect of the Services, at any time and without notice, at Kuta Market's sole discretion.

ACCESS TO THE SERVICE

1.1 License.

Subject to these Terms, Kuta Market grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Services solely for your personal use. You may download and print copies of User Content (as defined below) from Services you are authorized to access, but only for personal, non-commercial use, and you may not remove, modify, or obscure any copyright, trademark, or proprietary notices. This license does not permit data mining, robots, or similar data extraction methods. We may revoke this license at any time, with or without notice.

1.2 Certain Restrictions.

The rights granted to you in the Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you will not use or access the Service in order to develop similar or competitive content, products or services; (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, (e) you will not use or access the Service in any way that violates any applicable laws, and (f) you may not link to our Site homepage unless 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 without our express written consent. Unless otherwise indicated, any future Service (including any aspect thereof) will be subject to the Terms. All copyright and other proprietary notices embedded within or displayed on the Service must be retained.

1.3 Modification.

Kuta Market reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You acknowledge and agree that Kuta Market will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

1.4 No Support or Maintenance.

You acknowledge and agree that Kuta Market will have no obligation to provide you with any support or maintenance in connection with the Service.

1.5 Ownership.

Excluding any User Content (as defined below), you acknowledge and agree that all the intellectual property rights, including without limitation rights in copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Kuta Market or Kuta Market’s licensors. Neither these Terms nor your access to or use of the Service transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Sections 1.1 and 1.2. Kuta Market reserves all rights not granted in the Terms. There are no implied licenses granted under the Terms.

1.6 Product Transactions.

Kuta Market is a marketplace platform that enables users to buy and sell physical goods. Kuta Market is not a party to the actual transactions between buyers and sellers, and does not take title to or possession of any physical goods listed, sold, or purchased through the Service.

(a) Buyer and Seller Relationship.

When a buyer places an order for a physical product through the Service, a legally binding contract is formed directly between the buyer and the seller. Kuta Market is not a broker, agent, or party to that contract and assumes no responsibility for the performance of either party. Buyers and sellers are solely responsible for negotiating and fulfilling the terms of the transaction.

(b) Shipping and Delivery.

Unless otherwise specified, sellers are solely responsible for packaging, labeling, and shipping physical goods to the buyer within a reasonable period after the order is confirmed. Kuta Market does not guarantee any shipping times and is not liable for delays, losses, damages, or failures related to shipping or delivery.

If Kuta Market offers optional tools, such as printable shipping labels or integrated logistics services, those services are provided “as is” and subject to additional terms, if any (“Shipping Terms”). Kuta Market does not warrant the performance of any shipping carriers, nor does it provide insurance for shipped goods. If you choose to use your own shipping method, you are strongly encouraged to obtain tracking and insurance for valuable items.

Unless otherwise agreed between the buyer and seller, ownership and risk of loss for a physical product transfers from the seller to the buyer upon delivery to the carrier for shipment. Any disputes arising from damaged, lost, or misdelivered goods must be resolved between the buyer and seller. Kuta Market does not mediate disputes or process claims related to shipping unless otherwise expressly stated in a separate policy.

(d) No Warranties for Goods.

Kuta Market does not manufacture, inspect, or warrant any physical goods listed or sold through the Service. Kuta Market makes no representations or warranties about the quality, safety, authenticity, legality, merchantability, fitness for a particular purpose, or ownership of items offered by users. All warranties, if any, are solely between the buyer and the seller

(e) Prohibited Items and Compliance.

Users are solely responsible for ensuring that any items they list and ship comply with applicable laws and regulations, including shipping restrictions. Kuta Market reserves the right to remove listings or take enforcement action in accordance with our Prohibited Items Policy or Acceptable Use Policy.

USER CONTENT

2.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy under Section 2.3. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Kuta Market. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Kuta Market is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Kuta Market an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy.”

(a) You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, likely to mislead or deceive, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of, or promotes or assists the violation of, any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vii) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

(c) In addition, you agree not to (i) use the Service to carry out any unlawful activities, including but not limited to money laundering or terrorist financing; (ii) engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including: (A) trading a cryptocurrency at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such cryptocurrency, unduly or improperly influencing the market price for such cryptocurrency or establishing a price which does not reflect the true state of the market in such cryptocurrency; (B) for the purpose of creating or inducing a false or misleading appearance of activity in a cryptocurrency or creating or inducing a false or misleading appearance with respect to the market in a cryptocurrency, including by: (I) executing or causing the execution of any transaction in a cryptocurrency which involves no material change in the beneficial ownership thereof; or (II) entering any order for the purchase or sale of a cryptocurrency with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such cryptocurrency, has been or will be entered by or for the same or different parties; or (C) participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of a cryptocurrency; (iii) use the Service to carry out any financial activities that require registration or licensing under applicable law, including but not limited to trading in securities, commodities futures, leveraged or margined commodity transactions, binary options (including prediction-market transactions), or engaging in debt or equity financings; or (iv) use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that (A) are redeemable for financial instruments, (B) entitle holders rights to participate in an initial coin offering or any securities offering, or (C) entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.

2.4 Prohibited Items Policy. We have a zero tolerance policy for prohibited items, particularly those that promote, support or glorify hatred, those that promote, support or glorify violence, or are unlawful. Users deemed to violate this policy can be subject to immediate account suspension or termination, The following types of items are prohibited or restricted on Kuta Market: (i) alcohol, tobacco, drugs, drug paraphernalia, medical drugs and devices, and items making medical claims; (ii) animal products and human body parts and fluids; (iii) dangerous items: hazardous materials, recalled items, and weapons; (iv) hate items: items that promote, support, or glorify hatred; (v) illegal items, items promoting illegal activity, and highly regulated items; (vi) internationally regulated items; (vii) nudity and sexual content; (viii) violent items: items that promote, support, or glorify violence.

2.5 Enforcement. We reserve the right (but have no obligation) to review any User Content or user activity, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or otherwise create liability for us or any other person. Such action may include, but is not limited to, removing, modifying or refusing to publish your User Content, terminating or suspending your access to the Service, disclosing and reporting your identity or other information about you to law enforcement authorities or third-parties who claim that material violates their rights, and/or taking any action that we deem necessary or appropriate in our sole discretion. YOU WAIVE AND HOLD HARMLESS KUTA MARKET FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KUTA MARKET DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER KUTA MARKET OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all User Content before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

2.6 Feedback. If you provide Kuta Market with any reports, comments, suggestions, ideas or other feedback regarding the Service (“Feedback”), you do so without expectation of compensation and you hereby grant Kuta Market a perpetual, irrevocable, freely transferable, freely sublicensable, fully-paid, royalty-free right and license to such Feedback and agree that Kuta Market will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Feedback is strictly voluntary and Kuta Market will treat any Feedback you provide to Kuta Market as non-confidential and non-proprietary. You agree that you will not submit to Kuta Market any information or ideas that you consider to be confidential or proprietary.

2.7 Copyright Policy. Kuta Market respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;

2. identification of the copyrighted work(s) that you claim to have been infringed;

3. identification of the material on our services that you claim is infringing and that you request us to remove;

4. sufficient information to permit us to locate such material;

5. your address, telephone number, and e-mail address;

6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Kuta Market may be reached at email: support@kutamarket.com.

3. INDEMNIFICATION. You agree to indemnify and hold harmless Kuta Market (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your User Content, (c) your violation of the Terms; or (d) your violation of applicable laws or regulations. Kuta Market reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Kuta Market. Kuta Market will use reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it.

4.THIRD-PARTY MATERIALS; OTHER USERS

4.1 Third-Party Materials. The Service may use or contain links to third-party applications, websites and services, and/or sponsored links or display advertisements for third parties (collectively, “Third-Party Materials”). Such Third-Party Materials are not under the control of Kuta Market, and Kuta Market is not responsible for any Third-Party Materials. Kuta Market does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You use all Third-Party Materials at your own risk, and should apply a suitable level of caution and discretion in doing so. When you interact with any of the Third-Party Materials, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.

4.2 Other Users. Each user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the Service are solely between you and such users. You agree that Kuta Market will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Service, we are under no obligation to become involved.

4.3 Release. You hereby release and forever discharge Kuta Market (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Materials). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES, “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.”

5. EXPECTATIONS AND DISPUTE REPORTING

5.1 No Guarantee of Successful Transactions. Kuta Market provides a platform for users to connect, communicate, and transact. However, Kuta Market does not guarantee that any product or service listed will meet a buyer’s expectations, or that sellers will fulfill, complete, or honor any transaction. All transactions, whether for physical goods, digital goods, or services, are entered into directly between users, and Kuta Market is not a party to those agreements.

Kuta Market does not verify or warrant the accuracy, condition, legality, quality, or delivery of any item offered or sold through the Service. Buyers and sellers use the Service at their own risk, and should take reasonable steps to protect themselves during transactions.

5.2 Reporting Transaction Disputes. If a buyer does not receive an item (physical or digital) or receives an item that materially differs from the description provided by the seller, the buyer may report the issue to Kuta Market within seven (7) days of the transaction or expected delivery date, whichever is later. Reports must include sufficient detail and supporting documentation for Kuta Market to assess the claim.

5.3 Upon receiving a dispute report, Kuta Market may, in its sole discretion, take one or more of the following actions:

a. Contact the seller for clarification or response;

b. Request additional information from either party;

c. Temporarily suspend or restrict one or both user accounts;

d. Remove or restrict the listing(s) at issue;

e. Decline to take further action if the claim lacks merit or is outside Kuta Market’s scope of responsibility.

5.4 Kuta Market does not guarantee resolution of any disputes and does not provide refunds, compensation, or recovery of assets, unless otherwise required by law or outlined in a separate policy.

5.5 No Purchase Protection or Escrow Guarantee. Unless expressly stated in a separate written policy, Kuta Market does not offer purchase protection, escrow services, or buyer guarantees. Users are solely responsible for determining the credibility of other users and for using secure methods of communication and payment. Kuta Market strongly encourages users to keep all transaction-related communications and activities on-platform to help ensure safety and traceability.

6. CRYPTOCURRENCY TRANSACTIONS. Kuta Market facilitates payments using cryptocurrencies in connection with transactions conducted through the Service. By using the Service, you acknowledge and agree to the following terms regarding cryptocurrency transactions:

6.1 Acceptance of Cryptocurrency. Kuta Market supports cryptocurrency as a valid form of payment on the platform. Users may use approved digital assets, including but not limited to Bitcoin (BTC), Ethereum (ETH), and certain stablecoins (e.g., USDC), as payment for eligible purchases. Kuta Market may update the list of supported cryptocurrencies at any time, with or without notice, in its sole discretion.

6.2 Transaction Processing and Irreversibility. Cryptocurrency payments on Kuta Market may be facilitated through third-party payment processors, decentralized wallets, or smart contracts integrated with the platform. All cryptocurrency transactions are processed on public blockchain networks, which are not owned or operated by Kuta Market. Once a cryptocurrency transaction is submitted and confirmed on the applicable blockchain, it is irreversible. Kuta Market does not have the ability to reverse, cancel, or recover any transaction once completed. Users are solely responsible for verifying the accuracy of payment details, wallet addresses, and transaction amounts prior to submission.

6.3 Compliance and Prohibited Use. Users must not use the Service or any cryptocurrency functionality for any unlawful purpose, including but not limited to fraud, money laundering, terrorist financing, or transactions involving prohibited items as defined in these Terms or under applicable law. Kuta Market reserves the right to monitor, investigate, and report suspicious or illegal activity to regulatory or law enforcement authorities. Kuta Market may suspend or terminate access to the Service and freeze or disable transaction capabilities for users suspected of violating these terms.

7 ASSUMPTION OF RISK RELATED TO DIGITAL ASSETS; DISCLAIMERS

7.1 Assumption of Risk Related to Digital Assets. You acknowledge and agree that:

a. The prices of digital assets are extremely volatile. Fluctuations in the price of various currencies (including cryptocurrencies) other digital assets could materially and adversely affect your cryptocurrency holdings. We cannot and do not guarantee that any holders of any cryptocurrency will not lose money.

b. You are solely responsible for determining what, if any, taxes apply to your transactions involving a cryptocurrency.

c. There are risks associated with using digital currency and digital assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your information.

d. The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is evolving, and new regulations or policies.

e. There are risks associated with digital assets, including, but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets governed by smart contracts, and assets that may become untransferable.

7.2 Disclaimers.

THE SERVICE AND ALL COMPONENTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND KUTA MARKET EXPRESSLY DISCLAIMS 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. WE MAKE NO WARRANTY THAT THE SERVICE OR ANY COMPONENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE OR ANY COMPONENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

WE TAKE NO RESPONSIBILITY, AND WILL NOT BE LIABLE TO YOU, FOR ANY USE OF NON-FUNGIBLE TOKENS AND/OR OTHER DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE.

KUTA MARKET IS NOT RESPONSIBLE FOR ANY LOSSES OR HARMS SUSTAINED BY YOU DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (INCLUDING SMART CONTRACTS), BLOCKCHAINS, OR ANY OTHER FEATURES OF OR INHERENT TO ANY CRYPTOCURRENCY. KUTA MARKET IS NOT RESPONSIBLE FOR ANY DEVELOPERS’ OR REPRESENTATIVES’ DELAY OR FAILURE TO REPORT ANY ISSUES WITH ANY BLOCKCHAIN SUPPORTING CRYPTOCURRENCY, INCLUDING WITHOUT LIMITATION FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES THAT RESULT IN LOSSES OF ANY SORT. NON-FUNGIBLE TOKENS, ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT KUTA MARKET CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CRYPTOCURRENCY. WE CANNOT AND DO NOT GUARANTEE THAT ANY CRYPTOCURRENCY WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL OR RESELL ANY CRYPTOCURRENCY.

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. KUTA MARKET MAY UPDATE THE CONTENT ON THE SERVICES AND SERVICES FROM TIME TO TIME, BUT SUCH CONTENT IS NOT NECESSARILY COMPLETE OR UP TO DATE. ANY OF THE MATERIAL ON THE SERVICES AND SERVICES MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KUTA MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS, THE SERVICE OR ANY COMPONENTS, OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY COMPONENTS, EVEN IF KUTA MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNTS PAID BY YOU AND RETAINED BY KUTA MARKET IN THE TRANSACTION GIVING RISE TO SUCH ACTION; OR (ii) ONE HUNDRED UNITED STATES DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE TERMS.

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

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. TERM AND TERMINATION. Subject to this Section, the Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service at any time for any reason at our sole discretion, including for any use of the Service in violation of the Terms. Upon termination of your rights under the Terms, your right to access and use the Service will terminate immediately. Even after your rights under the Terms are terminated, the following provisions of the Terms will remain in effect: Sections 1.3-1.6 and 2–11.

10. GENERAL

10.1 Changes. The Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to the Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10.2 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. The terms of this Section 10.2 (Dispute Resolution) are separately referred to herein as the “Arbitration Agreement.”

a. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Service, to any products sold or distributed through the Service or to any aspect of your relationship with Kuta Market, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or Kuta Market may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of the Terms or any prior version of the Terms.

b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at support@kutamarket.com. The arbitration will be conducted at the Anaheim office of JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/; JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Kuta Market will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Authority of Arbitrator. The arbitrator will have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

d. Waiver of Jury Trial. YOU AND KUTA MARKET HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Kuta Market are instead electing that all disputes, claims, or requests for relief will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.2(a). An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

e. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in Orange County, California. All other disputes, claims, or requests for relief will be arbitrated.

f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@kutamarket.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

g. Severability. Except as provided in Section 10.2(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.

i. Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at support@kutamarket.com and expressly opting out of such change.

10.3 Governing Law; Venue. The Terms will be governed by the internal law of the State of California, without regard to conflict of law principles that would result in the application of any law other than the law of the State of California. The Parties agree that the exclusive jurisdiction of any actions arising out of this Agreement and not applicable to Section 10.2 will be in the state or federal courts, as applicable, located in Orange County, California.

10.4 Export; Geographic Restrictions.

a. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Kuta Market, or any products utilizing such data, in violation of the U.S. export laws or regulations.

b. Kuta Market is based in the State of California in the U.S. We provide this Site for use only by persons located in the U.S. We make no claims that the Services or any of its content is accessible or appropriate outside of the U.S.. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws.

10.5 Disclosures and Complaints. Kuta Market is located at the address in Section 10.9. If you are a resident of the U.S., you may have additional rights to disclosures and complains under the laws of your state in which you reside. [For example, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

10.6 Electronic Communications. The communications between you and Kuta Market use electronic means, whether you use the Service or send us emails or messages through third-party messaging platforms, or whether Kuta Market posts notices on the Service or communicates with you via email or messages through third-party messaging platforms. For contractual purposes, you (a) consent to receive communications from Kuta Market in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kuta Market provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

10.7 Entire Terms; Separability. The Terms constitute the entire agreement between you and us regarding the use of the Service, other than the Agreement if applicable. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Kuta Market’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Kuta Market may freely assign the Terms. The terms and conditions set forth in the Terms will be binding upon assignees.

10.8 Copyright/Trademark Information. The Kuta Market trademarks, logos and service marks, and all related names, logos, product and service names, designs, and slogans (“Marks”) are Kuta Market’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.

10.9 Contact Information:

CoreKuta Circle, LLC

Email: support@kutamarket.com

REFUND POLICY

Last Updated: May 9, 2025

CoreKuta Circle, LLC, a California limited liability company (together with its affiliates, “Kuta,” “Kuta Market”, “us,” “our,” and “we”) is a mobile marketplace platform that facilitates transactions between independent buyers and sellers. Kuta Market is not the seller of record for any product or digital asset listed on the platform, and does not guarantee the quality, delivery, or refundability of any item. However, to promote a fair and trustworthy experience, we offer the following refund framework for eligible transactions.

1. Eligibility for Refund Requests

Buyers may submit a refund request within 10 calendar days of the product's confirmed shipment or expected delivery date (whichever is later), provided that:

The product is defective or damaged (not disclosed in the listing);

The product is materially different from the description provided by the seller;

The product never arrived or was never shipped;

The item was not marked as “final sale,” “non-refundable,” “no refunds,” or a “digital good.”

Requests made outside of this window may not be accepted, except in cases involving fraud, non-delivery, or other exceptional circumstances as determined by Kuta Market in its sole discretion.

2. Refund Process

Step 1 – Contact the Seller

Buyers are encouraged to first attempt to resolve the issue directly with the seller through the in-app messaging system.

Step 2 – Submit a Refund Request to Kuta Market

If no resolution is reached, buyers may submit a refund request via the Kuta Market mobile app. Requests must include:

Proof of purchase (e.g., order ID, payment confirmation);

Photo evidence (for defective/damaged items);

Tracking information (for returned physical items, if applicable).

Step 3 – Kuta Market Review (Discretionary)

Kuta Market will review the submission and may take action, including:

Contacting the seller for a response;

Requesting additional documentation;

Issuing a refund or credit (if applicable);

Taking enforcement action (e.g., account suspension for fraud).

Kuta Market is not obligated to resolve disputes and does not guarantee a refund. All refund decisions are made at Kuta Market’s sole discretion and are final.

3. Refunds for Digital Goods and Crypto Transactions

Unless otherwise specified in a product listing, digital goods (e.g., downloadable files, NFTs, or other blockchain-based assets) are non-refundable.

Additionally, cryptocurrency payments are irreversible by design. If a refund is approved, it will be issued either:

In the original cryptocurrency (at Kuta Market's or the seller’s discretion); or

As platform credit or fiat equivalent, less any applicable service fees and blockchain network fees (“gas”).

Refunds for crypto-based transactions may be processed off-chain as a separate payment, and only if approved under the criteria above.

4. Return Shipping (Physical Items Only)

If Kuta Market authorizes a return, the following conditions apply:

The buyer is responsible for return shipping unless otherwise required by law;

Returned goods must be properly packaged and undamaged beyond what was reported;

A valid tracking number must be provided;

Items should be sent directly to the seller (unless otherwise instructed).

Shipping fees are non-refundable, and Kuta Market will not be liable for any lost or damaged return shipments.

5. Service Fees

Kuta Market may deduct a service fee from approved refunds. This fee typically corresponds to the platform’s commission on the original transaction and may increase (up to a maximum of 10% of the transaction amount) depending on the time and resources required to resolve the dispute.

6. Additional Terms

Refund requests are subject to Kuta Market’s Terms of Service and any other applicable guidelines. Items that violate our Prohibited Items Policy are not eligible for refund and may result in account suspension or removal.

7. Contact Us

If you have questions about this policy, please contact our team at:

📧 support@kutamarket.com