Last updated May 19th 2025
These Terms of Use, together with any documents and additional terms they, by reference, expressly incorporated (collectively, these “Terms”), are entered into between Kaiseki (hereinafter referred to as “Kaiseki”, “we”, “our” or “us”) and the person making use of Kaiseki’s services, including, but not limited to, the use of this website (hereinafter referred to as the “User”, “you” or “your”). These Terms constitute a binding legal agreement between Kaiseki and the User following such User’s acceptance of such Terms.
Within these Terms, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural unless the context otherwise requires.
These Terms and any other terms and conditions incorporated herein by reference govern your access to and use of Kaiseki's Portal and Services. You must read the Terms carefully. By accessing, browsing or otherwise using Kaiseki's Portal or Services, or by acknowledging agreement to the Terms, you agree that you have read, understood and accepted all of the Terms and our Privacy Policy (the "Privacy Policy"), which is incorporated by reference into the Terms.
By accessing or using Kaiseki's Portal or Services, as further defined in Section 1, the User accepts and agrees to be bound by and comply with these Terms, including the mandatory arbitration provision envisaged in Section 18. If the User does not agree to these Terms, such User should not access or use Kaiseki's Portal or Services.
The User must be able to form a legally binding contract online on behalf of a company or as an individual, as outlined in Section 2.
Kaiseki appeals to the User to carefully review the disclosures and disclaimers set forth in Section 14 in their entirety before using any software developed by Kaiseki. Section 14 provides important details about the legal obligations associated with the User's use of the Kaiseki open-source software. By accessing or using Kaiseki's Portal or Services, the User agrees that Kaiseki does not provide execution or clearing services of any kind and is not responsible for executing or clearing transactions automated through the Kaiseki open-source software.
For the purpose of these Terms, the following capitalized terms shall have the following meanings:
1.1. "Affiliate" means, with respect to a party to these Terms, any legal entity that, directly or indirectly controls, is controlled by or is under common control with Kaiseki.
1.2. "Applicable Law" means any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or other directives, requirement or guideline, published or in force which applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental Authority having jurisdiction over Kaiseki, the User, the Portal or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity.
1.3 "BERA" means the utility token of the Berachain Blockchain that may be used to purchase computational resources to run decentralised applications or perform actions on such Blockchain.
1.4 "Berachain Address" means the unique public key cryptocurrency identifier that points to a Berachain-compatible wallet to which BERA may be sent or stored.
1.5 "Berachain Blockchain" means the underlying blockchain infrastructure Kaiseki leverages to offer its Services.
1.6 "Governmental Authority" means the applicable domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority.
1.7 "Portal" means the Kaiseki website located at " https://Kaiseki.finance/", and all associated sites linked thereto by Kaiseki and its Affiliates, including Kaiseki's decentralised application layer on the Berachain Blockchain.
1.8 "Services" The Products offered by Kaiseki as accessible through the Portal.
1.9 "Product" means any product offered through the Services and available in or through the Portal.