Last Updated: April 15th, 2024.
About us. KillB provides services that facilitate the seamless exchange of fiat currency for digital assets through our On-Ramp service. Clients are required to have their own digital asset wallet to utilize this service, as wallet provision is not included. For more information about KillB and our services, please visit our website.UMBRELLA SERVICES AGREEMENTBY PROCEEDING TO USE OUR SERVICES AND ACCEPTING THIS DOCUMENT, YOU ACKNOWLEDGE AND PROVIDE YOUR UNEQUIVOCAL CONSENT TO BE BOUND BY OUR TERMS AND CONDITIONS IN THEIR ENTIRETY. THIS AGREEMENT SERVES AS AN EXPLICIT DECLARATION OF YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES, AND NOTICES STATED HEREIN. YOUR ENGAGEMENT WITH OUR SERVICES FOLLOWING THE ACCEPTANCE OF THIS DOCUMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND KILLB, UNDER WHICH YOU AGREE TO ADHERE TO THE STIPULATED TERMS WITHOUT RESERVATION. FAILURE TO ACCEPT THESE TERMS IN FULL WILL PRECLUDE YOU FROM UTILIZING THE SERVICES OFFERED BY KILLB.
THE GENERAL TERMS AND CONDITIONS DESCRIBED HEREIN APPLY UNIVERSALLY TO ALL CLIENTS AND PARTNERS OF KILLB GROUP. HOWEVER, SPECIFIC TERMS AND CONDITIONS MAY APPLY TO DIFFERENT COUNTRIES AS EXPLICITLY DEFINED IN THE COMMERCIAL PROPOSALS TAILORED TO EACH JURISDICTION. FOR COLOMBIA, IT IS IMPORTANT TO NOTE THAT COMMERCIAL PROPOSALS EXPLICITLY EXCLUDE ANY PROVISIONS RELATED TO CRYPTOCURRENCY TRANSACTIONS OR SERVICES, AND OUR OPERATIONS STRICTLY COMPLY WITH LOCAL REGULATIONS WITH THE EXCLUSION OF ANY CRYPTOCURRENCY-RELATED ACTIVITIES. FOR BITON, THE GENERAL TERMS APPLY WITH THE EXCEPTION OF CRYPTOCURRENCY PROVISIONS, ALONG WITH ADHERENCE TO THE SPECIFIC CONDITIONS SET FOR COLOMBIA.
By submitting this information, I affirm that all details provided are accurate and up-to-date and that I possess the requisite authority to submit this application on behalf of the named entity and individuals.
I confirm that I have reviewed and consent to the terms outlined in the KillB Privacy Policy.
As a Client, you accept that the Services are provided "as is" (as they are), which means that there is no express or implied warranty whatsoever regarding the provision of the service. Therefore, we do not extend or confer any warranty of proper functioning, suitability for a specific purpose, interoperability, adequacy to your systems, non-interference, accuracy of the content of the information, or similar figures.
I understand that the completion and consideration of this account application are contingent upon the submission of all required documentation. KillB, along with its partner Banks and Trusts, retains the discretion to request further information or documentation as part of their review process.
I recognize that in accordance with legal requirements, KillB, and its partner Banks and Trusts are obligated to perform comprehensive security and customer due diligence checks on all associated parties as part of this application. This is to ensure compliance with all applicable laws and regulations concerning Anti-Money Laundering (AML), Know Your Customer (KYC), Know Your Business (KYB), counter-terrorism financing, sanctions screening, and other legal mandates.
I hereby grant permission to KillB and its partner Banks and Trusts to conduct or commission, directly or indirectly, any inquiries deemed necessary to verify the information provided herein. This may include consulting commercial databases or credit reports. I also consent to the necessary actions taken by KillB and its partners to fulfill their legal obligations. I acknowledge and agree that KillB or its partner Banks and Trusts may be required to disclose information from this application to third parties, as needed, to comply with legal obligations.
For further information on our licenses, partners, and the scope of our collaboration, please visit our website. Be advised that KillB reserves the right to modify or update the details regarding our licenses and partnerships at any moment without prior notice. We encourage you to regularly check our website for the most current information.
In the context of these terms and conditions, 'you' refers to the reader, client, or person who is accepting and signing this document. 'You' must be authorized to enter into legally binding agreements on behalf of yourself or the entity you represent. By proceeding, 'you' agree to comply with and be bound by the stipulated terms and conditions outlined in this agreement.Definitions
AML/FT Laws: means in relation to each Client all laws, rules, or regulations of the jurisdiction on which the service is provided and the Client's jurisdiction related to money laundering, the financing of terrorism, or the proliferation of weapons of mass destruction.
Anti-Corruption Laws: means all legal norms regarding bribery or corruption that are applicable to the Client or its personnel, shareholders, partners, and administrators, if applicable.
Channel: Refers to legal entities or individuals with several associated Users for which is implemented.
Commercial Partner(s): are those with whom we have a current agreement that individualizes or, as applicable, modifies the conditions established in this document and who, as part of the said agreement and their own service proposal, use or integrate the platform wholly or partially into their own interface, application, platform, or website, by any technology, including, but not limited to, application programming interfaces (APIs).
Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.Currency: Unit of value that allows the acquisition of FIAT goods and services.
Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit KillBand and use the services.Digital Assets: Expendable assets subject to valuation.Digital Asset Sale or Off-Ramp means the selling operation of digital assets Digital Asset means any representation of value that is stored in digital form and secured cryptography, such as, but not limited to, stablecoins like USDT and USDC. Effective Date shall mean the date on which this Agreement is entered into as of with effect by both Parties, as defined in the Agreement. Exchange Rate: Ratio that exists between the difference in value derived from operations with Virtual Assets and the FIAT currency in which the commercial relationship between Users and Users is transacted.FIAT means any currency declared as legal tender by the competent authority in its local Territory.FX or FX Rate shall mean the price of one FIAT currency in terms of another FIAT currency. In supported jurisdictions, this service also includes the conversion from fiat currencies to electronic or digital currencies or assets as per applicable local regulations.Intellectual Property Rights or Brand means a Party’s patents, trademarks, trade secrets, copyrights, moral rights, and any other form of intellectual property rights, in any jurisdiction, including applications and registrations KillB is the trademark representing a consortium of companies that facilitate the seamless exchange of fiat currency for digital assets through our On-Ramp service. The companies operating under the KillB trademark include KBI SA de CV, and BITON SAS, among others. Each member company plays a crucial role in delivering our services to clients and users.Know Your Client (KYC): is a verification process employed by KillB to confirm the identity of clients or users, including Ultimate Beneficial Owners (UBOs). This procedure is essential in both individual and business-to-business-to-consumer (B2B2C) contexts. The primary goal of KYC is to prevent money laundering and other financial crimes by ensuring that all parties, especially the UBOs who hold ultimate control over the businesses, adhere to regulatory compliance standards. Through KYC, both KillB and its clients can verify each other's identities, enhancing the security and integrity of their transactions.Know Your Business (KYB): is a verification process similar to Know Your Client (KYC), utilized by KillB to verify the identity and background of a company. This process is essential for complying with anti-money laundering and anti-fraud regulations. KYB involves collecting and reviewing detailed information about a company’s ownership—including Ultimate Beneficial Owners (UBOs)—management, business activities, and other pertinent data to assess its risk profile. Through KYB, KillB ensures that it fully understands the operational and ownership structure of the companies it engages with, thus enhancing transaction security and regulatory compliance.Mandate: Contractual figure that will allow KillB in a unique, exclusive, and specific manner to make use of the amount established by the Paying User for the acquisition of goods or services from the enabled channels of Commerce through Virtual Assets.Retailers or Users: Refers to legal entities or individuals, virtual stores, or physical retail establishments.Settlement: Involves obtaining FIAT currency from the transaction of a Digital Asset.Service Fees: refer to the costs associated with the monthly or per-transaction subscriptions required for the provision of Services. The amount of these fees will vary based on the country in which the services are provided, the specific types of services selected, and the terms outlined in the commercial proposal. This structured pricing ensures that the fees align with the tailored services and market conditions relevant to each client.Payer: A natural person who uses the service and products provided by Killb as a payer of a good or service offered by the User.platform or Website: Refers to the web page arranged by digital means and where you can access the various services and products provided by Killb.Purchase of Digital Assets or On-Ramp means the purchase of Digital Assets from KillB.
User or Client: Natural or legal person who interacts with the platform.
KILLB SERVICE DISCLAIMERS
Important Information: In alignment with efforts to combat terrorism financing and money laundering, federal regulations mandate that all financial institutions acquire, validate, and document information identifying each individual who establishes an account.
For you, this entails: Upon initiating the process to open an account with us, we will request specific details such as your name, address, and date of birth, among other information, to verify your identity. Additionally, we may require you to provide a copy of your driver's license or other identification documents as part of this verification process.
Who are we?
We are KillB, represented by SKsend, a Slovakia limited liability company registered at Zámocká 6619/3, 811 01 Bratislava - district Staré Mesto, the Slovak Republic. Our Registration file number is 55876358. As a conglomerate, we operate under the KillB trademark, coordinating the collective efforts of the affiliated entities to provide comprehensive services in the digital asset market.
Purpose
This document establishes a Specific Mandate granted by the Client to KillB to receive funds from the Client and execute one or more transactions for the specific purpose of dispersing these funds. This includes conducting all necessary actions for said dispersal, which may involve payments related to salaries, non-salary payments, or any financial obligations the Client wishes to fulfill.Mandates
Under this Contract, the Client authorizes the KillB to:
Receive agreed-upon funds.Directly disperse collections to the bank or wallet designated by the Client.
To ensure seamless integration of the new points into the existing Terms and Conditions of KillB, here's a consolidated version that maintains a formal, professional tone suitable for legal documents:
Process of Transaction Initiation and Execution
To initiate transactions, the Client must first be approved by KillB's compliance team and have a signed contract in place. The Client must issue Instructions through KillB’s platform, which will include all required information such as the registration of the End User's details (name, ID, and bank account/wallet instructions).
Once approved, the Client may request quotes for transactions. KillB will provide a rate, which the Client can either accept or reject. If accepted, the transaction terms, including the quoted amount, are final and cannot be canceled or altered. The Client is responsible for confirming the End User who will receive the funds, ensuring that the direction shared corresponds accurately with the information on file.
Upon confirmation, KillB will execute the fund dispersal. If any information provided by the Client is incorrect and results in a rejected payment, KillB is not responsible for the error. However, KillB will reconfirm the corrected information and reinitiate the transfer, if possible.
KillB is not liable for penalties, costs, or damages resulting from incomplete or delayed dispersals due to inaccuracies in the Instructions provided by the Client, whether communicated through WhatsApp, Slack, email, or any other channels approved by KillB. In the event of inaccuracies, KillB will promptly notify the Client for correction.Each Client may maintain only one account linked to their identification document. If we detect the existence of more than one account in the name of the same Client, we reserve the right to suspend or cancel one or all of the accounts, with KillB notice to the corresponding Client. As a prerequisite to the use of the platform, Clients must have accepted our personal data processing policy and, specifically, must have authorized the processing of their data in accordance with the provisions of said policy.
Payment Instructions (Mandate)The User and Killb (together, the "Parties") may from time to time enter into specific destination mandates for Payment Instructions (each a "Payment Instruction Request") through which Killb provides payment dispersion services.Upon completing a Payment Instruction Request, the User grants Killb an irrevocable specific destination mandate that includes the following specific tasks: (i) to pay on behalf and order a certain sum of money in relation to which the Payment Instruction Request is completed; (ii) to collect the Funds on their behalf and order, subject to the Terms and Conditions of the Payment Instruction Service; and (iii) other gateway service functionalities that do not contravene the aggregator service. It is possible to enter into a specific destination mandate granted by the User, which implies an authorization to dispose on their behalf of certain funds and transfer the Funds to a certain recipient by crediting a designated Account according to their instructions. Killb will not use the User's Funds for purposes other than those instructed by the User.The User enters into the Payment Instruction Request by completing an online Payment Instruction Request form detailing the instructions regarding the Funds.Killb reserves the right not to process those Payment Instruction Requests that are incomplete or in which there are discrepancies between the data provided by the Users and the data actually entered into Killb or because Killb deems it necessary, without needing to justify its decision. The User is solely responsible for the payment instructions and their consequences.Killb will not verify the cause or obligation that originated the payment instruction, nor any other circumstances related to the payment instruction. Payment instructions entered in a Payment Instruction Request can only be executed through the platform, and no instruction sent by other means unrelated to the platform will be processed or considered valid. Additionally, KillB adheres to all applicable Anti-Money Laundering (AML) and Know Your Client/Business (KYC/KYB) procedures. As part of these procedures, additional documents or explanations may be requested from the user. The user is solely responsible for providing these documents and must inform KillB beforehand about the purpose of the transaction.The Payment Instruction Request will not be considered complete, and Killb will not assume any responsibility or obligation under the Payment Instruction Request until (i) Killb has accepted the User's Payment Instruction Request (it is clarified that Killb may refuse to comply with the Payment Instruction Request without giving any reason or cause and therefore will not be liable in any way), and (ii) the total amount of Funds have been received and are available.Compliance
As a Client, you acknowledge that all the information you provide KillB may be or will be verified as part of the KYC or KYB, as applicable, regulated by KillB internal procedures defined to prevent and identify operations with resources of illicit origin or potentially linked to financing terrorism, organized crime, drug trafficking, proliferation of weapons of mass destruction, and, in general, illicit acts (our “AML/FT Policy”).Based on the foregoing, as a Client, you authorize and consent to any identification, verification, validation, or authentication actions that may be necessary as part of KillB AML/FT Policy or, in general, our obligations under applicable legislation. These inquiries, verifications, validations, or authentications may be carried out by us directly or through any provider that we have contracted for this purpose, to whom you authorize us to transfer or transmit your information in order to comply with our KYB and/or KYC procedures and any related regulations that may be applicable.KillB expressly reserves the right to modify, update, or replace KillB AML/FT Policy at any time and without KillB notice, in order to improve KillB KYB and/or KYC, or KillB compliance level with applicable regulations.As a Client, you acknowledge and accept the possibility that we may share your data or information (personal or transactional) with the corresponding authorities, including the Financial Information and Analysis Unit, in compliance with the provisions of applicable regulations or the procedures set forth in our risk management system AML/FT.Account Levels: depending on their personal or transactional profile, Clients may be subject to the types and levels of account that we assign to them, according to internal procedures, including our AML/FT Policy, with applicable legislation, and with any other criteria that we consider appropriate. The types and levels of account will set transactional, quantitative, and operational limits on your activity, and we may adjust them automatically or discretionally, to the extent that you provide more information or documentation to support or justify your personal or transactional profile. We reserve the right to discretionally establish limits, restrictions, suspensions, or cancellations of individualized accounts to Clients based on their personal transactional profile.Causes for rejection, suspension, and/or disabling of accounts. We reserve the right to deny, cancel, suspend, or disable any account when any of the following events occur:Clients who do not have the legal capacity or sufficient age to use the platform, access the Services, or, in general, validly perform legal acts on their own behalf.Clients who are part of any type of list or registry of individuals linked to terrorist organizations, criminal organizations, or those registries created by any authority for activities aimed at the prevention and control of money laundering, financing of terrorism, and proliferation of weapons of mass destruction, lists of commercial or economic sanctions, or similar lists, including those lists issued by the authorities of Colombia or any other jurisdiction in which KiilB operates at any time, the United Nations Security Council, the Financial Action Task Force (FATF), the Office of Foreign Assets Control (OFAC), the U.S. Treasury Department, or any other similar body or authority.Clients against whom any type of alert or flagging is generated in the automated monitoring systems that we maintain or that we subcontract with third parties, for being potentially related to illicit operations, the dark web, financing of terrorism, and any similar cause or reason.When you provide (or we detect that you provided) false, incorrect, wrong, inaccurate, erroneous, confusing, or unverifiable information.When a Client fails to comply with any of their obligations with respect to the platform, these terms and conditions, or any other agreement entered into with us.When an illegal operation or an operation that threatens the security of goods or people is carried out through an account.Abandonment of account: it will be considered that you have abandoned your account when it has not had activity for KillB of two years, in which case, we may disable, suspend, or cancel it, without KillB notice and liability for us.Delivery, Application, and Withdrawal of FundsOnce Killb accepts a Payment Instruction Request from the User, the User must send to Killb the amount of money necessary to comply with the payment instruction. The User will deliver the Funds to Killb using (i) any of the means available for such purpose and authorized by Killb; or (ii) the funds available in their Killb Account provided there is a sufficient amount to comply with the instructions given in the Payment Instruction Request, otherwise such Request will not be processed.The crediting of the Funds in the Killb Account of the User will be carried out within three (3) business days from the moment Killb receives the authorization of the payment method used in the transaction. Killb will make reasonable efforts to ensure the fulfillment of the aforementioned term. However, the User understands that due to certain external factors to Killb, delays may occur, for which the User exempts Killb from any responsibility for the inconveniences or damages derived. The User agrees not to apply any additional charge for accepting payments or receiving funds through the platform. For security reasons, the Funds credited to the User's Account may remain indefinitely unavailable when, at Killb's discretion, there are strong suspicions of illegalities, fraud, or any other act contrary to the present Terms and Conditions All information about the funds available and credited in the Killb Account must always be verified by the User through the Killb platform, accessing with their e-mail address and personal security password. Killb and its related companies will not be responsible for the User's behaviors that originate or are linked with the information contained in fake emails or appear to be sent by Killb that are, sent by third parties without relation to Killb or its related companies; nor will they respond for the harmful consequences of such behaviors, nor for the circulation of the mentioned fake emails. Instructions for Handling Funds Killb will follow the instructions entered by the User. It is clarified that the User, by registering on Killb and maintaining an active Account, agrees, accepts, and authorizes to receive Funds that other Users may send to their Account and to be debited any charge that may be applicable. Once the Funds credited to the User's Account are available, the User may choose to (i) withdraw all or part of the available balance in their Account; or (ii) give new instructions to Killb to use the Funds to make other payments. The User acknowledges and accepts that the withdrawal of the Funds will be subject to the prior payment of any debt that the User may have with Killb, whatever its cause. Any expense originated by the transfer will be borne by the User. For security reasons, Killb may block the withdrawal of Funds requested by those users who last time have received a high percentage of Claims and Disputes and/or have been detected to have used Killb's services for fraudulent, illegal activities and/or against the present Terms and Conditions.Client Obligations
The Client is responsible for and declares that:
Transferring necessary funds for dispersal execution.
Managing and securely submitting Instructions, bearing responsibility for the accuracy of the information.
Ensuring all transferred funds are from lawful sources, and not associated with money laundering or terrorism financing.
Authorizing the KillB to manage and disperse funds strictly as per this contract’s terms, including payment of a commission for services rendered. Clients undertake to keep their account up-to-date, with true, complete, up-to-date, understandable, and verifiable information, with the understanding that such Clients will be responsible for any damage, injury, or inconvenience caused by the provision of false, misleading, erroneous, incomplete, or inaccurate information, without prejudice to our authority to cancel, suspend, limit, or disable the account if the information you provide us has these characteristics.
It is the responsibility to transfer the necessary resources so that the Agent can fulfill the designated assignment.
To carry out the proper handling of the Instructions under its responsibility and in a secure manner. In accordance with the above, the client shall be responsible for the Information contained in the corresponding Instructions and Killb shall not be liable for any delay, penalty, overcharge, or damage caused by the execution of any Dispersion with erroneous or inaccurate Information.
To issue Instructions with the Minimum Information under its responsibility and in a secure manner. In accordance with the foregoing, the client shall be responsible for the Minimum Information contained in the corresponding Dispersion Instruction and the Principal shall not be liable for any delay, penalty, overcharge, or damage caused by the execution of any Dispersion with erroneous or inaccurate Minimum Information. Undertakes to carry out all activities aimed at ensuring that all resources transferred to Killb are dispersed, as well as the recipients of the funds or clients, personnel in charge, employees, partners, shareholders, administrators, suppliers, etc., and their resources, are not related to or originate from illicit activities; particularly, money laundering, financing of terrorism and financing of the proliferation of weapons of mass destruction. The client is responsible for and commits to complying with current regulations regarding the prevention of money laundering and the financing of terrorism. This includes implementing mechanisms to detect suspicious transactions. The client must avoid any actions that could be considered or could lead to, money laundering or the financing of terrorist activities. Furthermore, the client must ensure at all times that their activities and resources are not connected to, nor originate from, any illegal activities.
Authorize the management of the funds to Killb. In any case, Killb is only authorized to make the dispersion of the Resources Subject to Dispersion and to make the corresponding collection as consideration.
Acknowledge to Killb the Service Fees, under the terms set forth in Killb’s platform, or the one designated by the latter for such purpose.
To comply with all those obligations inherent to the nature of the Contract and necessary for the correct and timely execution of its object.
Killb shall not be obliged to carry out any dispersal ordered by the client in those cases where there is clarity or suspicion that the funds come from illicit sources or have been the result of money laundering or terrorist financing activities.
If during the term of the agreement, any of the parties or clients should have reasonable doubts about their operations, as well as the origin of their assets and/or that any of them should become involved in an investigation of any kind (criminal, administrative, etc.) related to illicit activities, money laundering or financing of terrorism, or be included in binding international lists, in accordance with international law (UN lists), in OFAC or Clinton lists, etc., the Party free of claim shall have the right to claim, in accordance with international law, that any of them should be included in the lists of the United Nations, and the right to unilaterally terminate the agreement without being obliged to compensate any type of damage to the party that generated it. Clients Declarations and obligations in AML/FT matters
AML/FT and anti-corruption declarations. You declare and guarantee that neither you, your representatives, administrators, directors, partners, or shareholders, in case you are a legal entity:Are under investigation pursuant to complaints of bribery, transnational bribery, and/or private corruption, in accordance with Anti-Corruption Laws.Are subject to judicial or administrative investigations for corruption or bribery, or have been convicted for such conduct, in accordance with Anti-Corruption Laws.Have offered, promised, paid, or authorized the payment of money, given, or agreed to give gifts or anything of value in violation of Anti-Corruption Laws.Have not received, transferred, maintained, used, or hidden resources derived or arising from any illicit activity, nor have maintained professional relationships with individuals or legal entities involved in activities considered as money laundering or the financing of terrorism and the proliferation of weapons of mass destruction, in accordance with AML/FT Laws.
AML/FT and anti-corruption obligations. By subscribing to this Agreement, you undertake to:Comply with all your obligations under Anti-Corruption Laws and AML/FT Laws.Not receive nor offer, directly or indirectly, from and to our employees, administrators, or subordinates: (1) sums of money, (2) any object of pecuniary value, or (3) another benefit or utility, in exchange for performing, omitting, or delaying any act related to the exercise of their functions.That your shareholders, administrators, and directors, in case you are a legal entity, comply with Anti-Corruption Laws and AML/FT Laws.
Origin of FundsYou declare that your income comes from lawful activities and that you are not included in lists for the control of money laundering, financing of terrorism, and the proliferation of weapons of mass destruction, managed by any national or foreign authority.All payments you make when using the platform will be made with money of lawful origin, according to the reasonably required knowledge to determine the origin of such resources.Use of the platform
Prohibited uses. The use of the platform in any way that results in the violation of any applicable national, foreign, or international law or regulation, or in a manner that violates or affects the personal or property rights of third parties, is prohibited. Specifically, Clients and Commercial Partners are prohibited from engaging in the following activities:Erasing or editing any material included in the platform without due authorization.Attempting to test or affect the vulnerability of the platform without due authorization, or violating the security, identification, or authentication measures we have implemented.Using any type of resource, bot, or software to interfere with the proper functioning of the platform or with any activity carried out on it.Using reverse engineering techniques or similar tools to access our proprietary or confidential information.Interfering with or affecting the Services provided to another Client, Commercial Partner, server, or network through viruses, malware, spyware, or any other similar tool.Sending unsolicited information (spam), including promotions or advertisements for products, events, or services; or using any program or application with the intention of damaging, interfering, intercepting, or appropriating any system, data, or information.Designated as their own accounts, addresses (i) that are not under their exclusive control, (ii) for which they are not the designated holder, or (iii) for which they are not the final beneficiary.Using on the platform resources of illicit origin or directly or indirectly related to drug trafficking, organized crime, terrorism, proliferation of weapons of mass destruction, or any other similar concept.In general, including or placing on the platform false, inaccurate, incomplete, or misleading information.Not allowing or consenting to the use of the Website, the platform, or any other licensed intangible asset by an unauthorized third party.Not accessing or using the Website, the platform, or any other licensed intangible asset in violation of applicable laws, these terms and conditions, or any other agreement entered into between the Client and Zendi.Not transferring, selling, sublicensing, encumbering, alienating, or in any way creating rights over the use license, nor modifying, altering, rewriting, or decompiling the Website, the platform, licensed intangible assets, or the programs associated with them.
The Website and the platform may contain links or connections to websites of third-party entities or individuals. These links or connections are provided solely for your convenience, but we do not endorse, recommend, or assume any responsibility for the content of third-party websites. Clients who decide to access third-party websites through the links or connections do so at their own risk and according to the policies of each of these sites.Killb Obligations
KillB shall:
Provide services with utmost care and dedication, ensuring secure information processing.
Execute the Client Instructions accurately, or communicate with the Client to address any issues arising from the Instruction content.
Use transferred funds solely for the purpose of dispersal and service fee collection as authorized by the Client.
To provide the Service with the utmost care and dedication, using secure information processing, coordinating, and performing the activities necessary for the satisfaction of the object of this Contract.
We will make our best efforts to provide the Services with the quality you expect as a Client, with the understanding that our Services have no warranty and are provided in accordance with the provisions of these terms and conditions, as well as the other documents that are applicable.
To carry out the order indicated by the Client through the Instructions and based on the Information contained in the latter or, in the event of not being able to carry them out totally or partially, as a consequence of the Information contained in the letter of instructions, to communicate with the Principal in order to try to overcome such obstacle.
Shall use for the exclusive purpose of the dispersion and with the authorization of the Principal, the resources that are contributed to the account of Killb. This authorization by the Client is understood to be limited exclusively for the purposes of the present contract to the resources subject to dispersion and the collection of the Services by the Agent.
All others included in the present Contract and/or arising from its nature, from the performance of the assignment, and/or that guarantee its due execution.
ELECTRONIC FUND TRANSFERS
Clarification of Communication with KillB: It is important to understand that direct communication with KillB regarding any concerns or reports of unauthorized transactions does not imply that KillB is engaged in, or responsible for, conducting licensed financial activities. The user hereby accepts and recognizes that KillB is not a licensed company and uses licensed partner institutions to carry out regulated financial activities. Such communications serve solely to facilitate the initial reporting process. As a technology service provider, KillB's role in this context is to promptly relay your concerns to our licensed partner institutions responsible for carrying out the regulated activities. KillB acts as an intermediary to ensure that your reports are addressed efficiently by the appropriate entities in accordance with our operational protocols and partnership agreements.
Immediate Reporting Required: If you suspect that an electronic fund transfer has been conducted without your authorization, it is imperative that you inform KillB immediately. The most efficient method to minimize potential losses is through prompt telephonic communication. The risk of losing all the funds in your account exists if action is not taken swiftly. By notifying KillB within one business day after recognizing any unauthorized transaction, your loss will be limited to no more than $50. Failure to report unauthorized use within this timeframe may increase your liability up to $500, provided KillB demonstrates that timely notification on your part could have prevented the unauthorized access to your funds.
Furthermore, should your account statement indicate transactions that you did not authorize, it is crucial to alert KillB promptly. A failure to report these discrepancies within 30 days of the statement's mailing date may result in an inability to recover funds lost subsequent to this period. However, should extenuating circumstances, such as travel or hospitalization, when adequately supported, prevent timely communication, these deadlines may be extended to accommodate your situation.
For detailed information on the roles of KillB and its licensed partner institutions in facilitating these transactions, as well as updates on our licensing agreements, please refer to our legal page at https://www.killb.com/legal
Contact in the Event of Unauthorized TransferIf you suspect any unauthorized electronic fund transfer from your account, immediately contact us at: 702.813.3800, or address your concerns in writing to: KillB at Ground Floor, Century Yard, Cricket Square, Grand Cayman, Cayman Islands, PO Box 2238, KY1-1107. For detailed information on our operational framework and partnership with licensed institutions, please visit our legal page at https://www.killb.com/legalBusiness Days
For the purpose of these disclosures, our business days are Monday through Friday, excluding public holidays.Confidentiality
KillB may disclose information about your account or the transfers you make to third parties where necessary for completing transfers; to verify the existence and condition of your account with entities like credit bureaus or merchants; to comply with government agency or court orders; or when you provide us with your explicit written consent. By accepting these terms, you grant KillB full and unlimited authorization to share the necessary information with all our service providers, partners, and companies within our group to facilitate your use of our services, ensure compliance with regulatory requirements, or enhance your experience. This sharing of information will always be conducted with strict adherence to our Privacy Policy, ensuring your data is protected according to the highest security standards.Documentation
You will receive monthly account statements electronically, unless no transfers occur within a month, in which case, statements will be sent at least quarterly.Financial Institution's Liability
While KillB acts as a facilitator by connecting clients with licensed partners for financial transactions, it is essential to recognize that the liability for any failed or incorrect transfers is determined by the terms of the agreement directly between the client and the licensed financial institution. In some instances, such agreements may be executed by KillB on behalf of the client, or through similar arrangements, ensuring transactions are carried out under the specified terms. Exceptions to liability include, but are not limited to: insufficient funds in the client’s account, known system malfunctions at the time of initiating the transfer, and extraordinary circumstances beyond reasonable control. Killb will not be responsible for orders, instructions, Payment Instruction Requests, and/or wrong or incomplete payments caused by the erroneous entry of the e-mail, relevant information of the recipient, or the payment operation, made by the User. Killb will not be responsible or guarantee the fulfillment of obligations that the Users may have assumed with third parties in connection with payments to be made or collected through the platform. The User acknowledges and agrees that by conducting transactions with other Users or third parties, they do so at their own will, freely giving their consent and under their own risk and responsibility. In no case will Killb be responsible for lost profits, or for any other damage and/or loss that the User may have suffered due to transactions made or not made through the Killb platform. Since Killb is unrelated to the obligation that gave rise to the Payment Instruction Request, Killb will not be responsible or verify the causes, amount, or any other circumstance related to such Request, as well as regarding the existence, quality, quantity, functioning, condition, integrity, or legitimacy of the goods or services offered, acquired, or disposed of by the Users and paid using Killb, as well as the capacity to contract of the Users and the truthfulness of the personal data they have entered. In the event that one or more Users or a third party initiate any type of claim or legal actions against another or other Users, all and each of the Users involved in such claims or actions exempt all responsibility to the market.
In no event shall we be liable for any act, error, or omission of third parties or Commercial Partners, including, without limitation, any service or product advertised through the Site, or the non-compliance of any third party in relation to the services advertised or available through the platform.
We are not responsible for any damage, injury, or loss caused by failures in the platform arising from the server, the underlying blockchains (when this is the case), intermittencies in the service, or the availability of the Internet. Nor will we be responsible for any virus that may infect the Clients' equipment as a result of accessing or using the platform or as a result of any transfer of data, files, images, texts, or audio contained therein. Clients may not attribute any responsibility or demand payment for lost profits, as a result of technical difficulties or failures in the Internet systems. We do not guarantee continuous or uninterrupted access to and use of our platform beyond what is indicated in the Service Level Agreements.The platform may occasionally be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond our control; with the understanding that we will strive to restore it as quickly as possible, without this being attributable to us as any type of liability.
Disclosure
The money received by Killb is non-interest bearing unless a separate agreement specifying otherwise is made. The fee structure, including any monthly maintenance or setup fees, is determined in accordance with the commercial proposal that you accept or sign separately. This approach ensures transparency and allows for a customized understanding of the fees associated with your account. There are no inherent minimum balance requirements for account upkeep as stipulated by KillB; however, specific charges for additional services may apply based on the terms outlined in the commercial proposal agreed upon.Transaction Limits and Account Features
KillB reserves the right to impose transaction limits. The account does not include debit, ATM, or check features. Consent for electronic statements is required, with account closure as a consequence of withdrawal of such consent.Term and Termination
This Contract remains effective indefinitely but can be terminated by either Party with 60 days' prior written notice. Termination can occur immediately under certain conditions, such as breach of agreement terms, insolvency, or cessation of business by the other party. Nonpayment of Service Fees also warrants immediate termination by KillB. Upon termination, the Client must settle all outstanding payments within 30 days.Fraud
Notwithstanding any other provision in this Agreement, the Client acknowledges and agrees that the KillBis not responsible for verifying the authenticity of transactions or the bona fides of any party involved in transactions facilitated under this Contract. In the event of fraud or any fraudulent transaction arising from or related to the transactions between the Client and their end clients, including but not limited to the misrepresentation of facts, identity theft, financial fraud, or any other deceitful practices, the Client shall assume full responsibility for all losses, damages, liabilities, costs, and expenses arising from such fraudulent transactions. The Client further agrees to indemnify, defend, and hold harmless the KillB, its affiliates, officers, directors, employees, agents, and successors from any claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys' fees) resulting from such fraudulent transactions. KillB disclaims any liability for such fraudulent activities and makes no representations or warranties regarding the prevention of such fraud. It is the Client's sole responsibility to implement adequate measures to detect and prevent fraudulent activities within the scope of their transactions. The Client account is personal, unique, and non-transferable, which means that you may not assign it nor may you authorize third parties to operate or use it on your behalf and on your own account. Likewise, you are responsible for any unauthorized use made by a third party, voluntarily or involuntarily, or by any third party that may access your access credentials, for acts performed by you or attributable to you. You are obliged to inform us immediately of any unauthorized use of your account, as well as unauthorized access by third parties to it. Clients will be solely responsible for the activity and content managed from their accounts.FUNDS AVAILABILITY DISCLOSURE Your Ability to Withdraw Funds
Our policy ensures the prompt availability of funds from electronic direct deposits, and wire transfers into your account on the day they are received by KillB. Our business days are Monday through Friday, excluding Saturdays, Sundays, and federal holidays. Deposits made before the end of a business day we are open are considered received that day. Deposits made after business hours or on days we are closed will be processed on the next business day. For comprehensive details on the roles and responsibilities concerning fund transfers, including those handled by our partners, please visit our legal page at https://www.killb.com/legalSpecial Rules for New Accounts
For new customers, during the first 30 days your account is open, we expedite the availability of funds from electronic direct deposits, and wire transfers to the same day we receive them.Foreign Items
For deposits drawn on financial institutions outside of the U.S., which are not payable at or through a U.S. branch or correspondent financial institution, availability will be subject to the specific services outlined in your agreement with KillB. If managing foreign items is included as part of the hired services, funds from such deposits will be made available to you only after KillB has received payment. This service provision aligns with our commitment to cater to the diverse needs of our clients while ensuring compliance with our operational policies and partnership agreements.
SERVICE LEVEL (SL) FOR OPERATING HOURS AND TRANSFER CYCLESOperating Hours
Business days are defined as Monday through Friday, excluding holidays. Standard operating hours for transactions are from 9:00 AM to 5:00 PM COT.Transfer Timelines
Immediate Transfers: Transfers between accounts of the same bank will be processed immediately, regardless of the day or time initiated.
Interbank Transfers: Transfers between accounts of different banks, initiated after 5:00 PM on Fridays, weekends, or holidays, will be processed within 1 to 2 business days, arriving between 8:30 AM and 10:30 AM, subject to the ACH's five daily operation cycles.Dispersion Options
Weekly Dispersion: Collected funds will be dispersed weekly within the operating hours of 9:00 AM to 5:00 PM COT. The dispersion fee will be as previously agreed upon.
Daily Dispersion: For daily dispersals, especially for amounts equal to or greater than $150,000, a formal request must be submitted through the support area in our Slack channels. Each request will be evaluated on a case-by-case basis, with responses issued accordingly.Dispersion Schedule
Transactions instructed by 1:00 PM on business days will be dispersed on the same day.
Transactions instructed on Saturdays and Sundays will be dispersed on the following Monday unless it involve same-bank transfers, which will be processed the same day.
For weeks including a holiday, transactions initiated on the day before the holiday or over the holiday weekend will be dispersed on the next business day following the holiday.Force Majeure
In the event of force majeure, the company reserves the right to adjust dispersion times, with all changes communicated to the client along with the new projected dispersion dates.Client Instructions
The Client’s instructions will dictate the timing and amounts of disbursements, adhering to the conditions outlined above.
Property RightsWe own the Website and the related applications. Within the framework of this ownership, we authorize Clients to consult, review, and use the material that we disseminate on the Website solely for personal, non-commercial use. The content of this Site (texts, graphics, images, logos, icons, software, products, services, brands, trade names, and any other material or information) is protected under copyright laws, industrial property laws, and other applicable laws.
Use in one's own name. Clients who accept these terms and conditions accept and declare that they are acquiring the services to satisfy a personal need, and shall refrain from acquiring the services on behalf of a third party. In the event that a Client acquires the Services on behalf of a legal entity or a third party, they must prove that they are fully authorized to bind and/or represent said interested third party. If not authorized, the Client shall be personally liable for the obligations incurred under these terms and conditions.
SPECIFIC TERMS FOR SERVICES IN EL SALVADOR, MEXICO AND COLOMBIATo ensure regulatory compliance and operational efficiency, KillB reserves the right to establish mandate agreements with sister companies for executing local operations. This approach allows KillB to seamlessly integrate its services across different regions.
The special conditions outlined herein apply exclusively to the provision of services within the specified jurisdictions and are only effective when the services of these jurisdictions are actively engaged by the Client.
COLOMBIAEntity and Authority: KillB Group operates through its Colombian subsidiary, Biton S.A.S., which is a company duly incorporated in Colombia. Biton S.A.S. has the legal capacity and authority, in accordance with its corporate objectives, to conduct the activities outlined herein. For the provision of services in Colombia, Biton S.A.S., a company in full compliance with Colombian regulations and identified by NIT 901420068 - 0 (hereinafter referred to as "Biton"), will serve our clients.
Biton, under the auspices of KillB Group, manages a technology platform designed to facilitate the transfer of funds to designated bank accounts.
It is important to note that Biton is not a financial entity. Its business model is centered around the development of a payment processing service, specifically designed for the dispersal of payments. As such, our clients grant Biton a Specific Mandate to issue dispersal orders. Upon each request for a transaction by the client, a framework agreement is established, enabling Biton to perform one or several fund dispersal operations ("the dispersion"). This includes taking all necessary actions to effectuate the dispersion, which may involve engaging third-party service providers to participate in various stages of the dispersion process.
Clients are required to provide the funds intended for dispersion, in accordance with the instructions provided to Biton. These funds may be delivered in one or multiple transactions, as specified by the client, either on a continuous or ad hoc basis. Biton, in its role as the Agent, commits to receiving these funds solely for the purpose of executing the assigned dispersals, strictly adhering to the client’s instructions.
In delivering its services, Biton may handle personal information. Both parties agree to abide by the applicable regulations concerning Information Security and the Protection of Personal Data, as well as other related legislation. Specifically, the handling of personal data will conform to the respective Privacy Policies of the parties, which are established in accordance with Law 1581 of 2012, Decree 1377 of 2013, and other relevant regulations.
This agreement is enforceable under Article 5 of Law 527 of 1999, which recognizes the legal validity of electronic messages and signatures. This ensures verification of identity, authenticity, integrity, and authorization for processing as defined by the platform.
BITON EXPRESSLY CLARIFIES THAT IT DOES NOT ENGAGE IN ANY CRYPTOCURRENCY TRANSACTIONS OR RELATED ACTIVITIES. THE ENTITY SOLELY FOCUSES ON THE DISPERSAL OF PAYMENTS IN THE LOCAL CURRENCY, WITHOUT ANY INVOLVEMENT IN CRYPTOCURRENCY OPERATIONS.
EL SALVADORKillB Group operates through its Salvadoran subsidiary, KBI, Sociedade Anonima de Capital Variable, a company duly incorporated in El Salvador. KBI has the legal capacity and authority, in accordance with its corporate objectives, to conduct the activities outlined herein. For the provision of services in El Salvador, KBI, fully compliant with Salvadoran regulations and identified by NIT 0614-261022-101-8 (hereinafter referred to as "KBI"), will serve our clients.KBI, under KillB, operates a technological platform capable of executing fund dispersals to specified bank accounts. KBI IS NOT A FINANCIAL ENTITY. Its corporate purpose is centered around the development of a payment processing service, specifically designed for the dispersal of payments. As such, our clients grant KBI a Specific Mandate to issue dispersal orders. Upon each client's request for a transaction, a framework agreement is established, enabling KBI to perform one or several fund dispersal operations ("the dispersion"). This includes taking all necessary actions to effectuate the dispersion, which may involve engaging third-party service providers to participate in various stages of the dispersion process.Clients are required to provide the funds intended for dispersion, in accordance with the instructions provided to KBI. These funds may be delivered in one or multiple transactions, as specified by the client, either on a continuous or ad hoc basis. KBI, in its role as the Agent, commits to receiving these funds solely for the purpose of executing the assigned dispersals, strictly adhering to the client’s instructions.In delivering its services, KBI may handle personal information. Both parties agree to abide by the applicable regulations concerning Information Security and the Protection of Personal Data, as well as other related legislation.
This agreement is enforceable under local laws that recognize the legal validity of electronic messages and signatures, ensuring verification of identity, authenticity, integrity, and authorization for processing as defined by the platform.KBI is a licensed entity in El Salvador authorized to provide services for the exchange of Bitcoin and other digital assets.
MEXICO
Entity and Authority: KillB Group provides services in Mexico through its network of local partners, which are licensed and authorized to operate in the country. Although KillB Group does not have a direct corporate presence or engage in direct marketing within Mexico, it acts as an independent agent connecting clients with Mexican partners for the execution of services. Our role strictly involves facilitating client access to local services without directly handling or collecting funds.
In Mexico, KillB Group's services are limited to the facilitation of connections between clients and licensed local operators. The services provided by our partners do not include: i) Collection or custody of Fiat Money or Virtual Assets (such as Stablecoins); ii) Resource placement; iii) Aggregation, acquiring, or initiation of payments; iv) Issuance of Virtual AssetsSavings services; v) Payment of interest, dividends, or any economic returns; vi) Management or operation of financial resources; vii) Investment advice; viii) Currency exchange services; ix) Offering of financial products or services; x) Issuance, custody, or intermediation of securities.
In delivering its services, KillB Group, through its local partners, may handle personal information. Both parties agree to abide by applicable regulations concerning Information Security and the Protection of Personal Data, as well as other related legislation. Specifically, the handling of personal data will conform to the respective Privacy Policies of the parties, which are established in accordance with Mexico's Federal Law on Protection of Personal Data Held by Private Parties.
This agreement is enforceable under Article 89 of Mexico's Federal Law for the Protection of Personal Data Held by Private Parties, which recognizes the legal validity of electronic messages and signatures. This ensures verification of identity, authenticity, integrity, and authorization for processing as defined by the platform.
KIILB GROUP EXPRESSLY CLARIFIES THAT IT DOES NOT ENGAGE IN ANY ACTIVITY IN MEXICO TRANSACTIONS OR RELATED ACTIVITIES. THE ENTITY SOLELY FOCUSES ON FACILITATING CONNECTIONS BETWEEN CLIENTS AND LOCAL PARTNERS, WITHOUT ANY PROVISION OF SERVICES BY KILLB IN MEXICAN JURISDICTION.