Restricted Persons

Last updated: at publication

This Restricted Persons policy forms part of the Terms of Use. It defines who may not access or use the KIMP website, documentation and interface (the "Website") made available by the KIMP contributors ("we", "us").

1. Definition of restricted persons#

A "restricted person" is any person or entity that falls into one or more of the following categories:

1. 1Any resident or citizen of the United States, and any entity organized, located or resident in the United States.
2. 2Any person located, organized or ordinarily resident in a comprehensively sanctioned jurisdiction, which includes Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People's Republic and so-called Luhansk People's Republic regions of Ukraine.
3. 3Any person or entity listed on, or acting on behalf of a person listed on, a sanctions list, including the Specially Designated Nationals and Blocked Persons List maintained by the US Office of Foreign Assets Control (OFAC), the United Nations Security Council Consolidated List, the European Union Consolidated Financial Sanctions List, and the UK HM Treasury Consolidated List of Financial Sanctions Targets.
4. 4Any person located or resident in a jurisdiction where trading or providing access to cash-settled derivatives, or to instruments of the kind offered through the Protocol, requires a license, registration or authorization that has not been obtained, or is prohibited for that person.
5. 5Any entity owned or controlled, directly or indirectly, by one or more persons described above, or acting on their behalf.

The list of comprehensively sanctioned jurisdictions and the contents of sanctions lists change over time. The definition applies to the jurisdictions and lists in force when you access the Website.

2. Prohibition#

Restricted persons may not access or use the Website, directly or indirectly. You may not use the Website on behalf of, or for the benefit of, a restricted person. By using the Website, you represent and warrant that you are not a restricted person.

3. VPNs and circumvention#

Using a virtual private network, proxy server, Tor, or any other technology to disguise your location or identity, or to circumvent any restriction described in this policy, is prohibited. Circumvention is a breach of the Terms of Use.

4. Interface blocking#

We may use geolocation, IP address screening, wallet address screening against sanctions lists and other measures to restrict access to the Website. We may block, limit or terminate access for any location, IP address or wallet address at any time, without notice. Blocking measures are imperfect. The absence of a block does not mean that you are eligible, and you remain responsible for determining your own eligibility.

5. The permissionless nature of the Protocol#

The KIMP smart contracts are designed to be deployed on the GIWA blockchain and, once deployed, operate permissionlessly according to their code. We do not control who interacts with the contracts directly, and we cannot prevent a person from doing so without the Website. This does not make such use lawful. Restricted persons must not interact with the Protocol through any means, and this policy does not grant any person a right to use the Protocol.

6. Verified Lane does not change eligibility#

The Verified Lane is gated by a GIWA Dojang Verified Address attestation issued by Upbit Korea. Holding that attestation, holding an up.id name, or being able to open positions on the Verified Lane does not establish that you are eligible under this policy. A restricted person remains a restricted person regardless of any attestation. The Verified Lane reads only a boolean from DojangScroll and is not a sanctions or eligibility check performed by us.

7. Your responsibility#

You are responsible for knowing and complying with the laws that apply to you, including laws on derivatives, digital assets, sanctions, foreign exchange and taxation. If you become a restricted person after you begin using the Website, you must stop using it immediately. You may still close existing positions or withdraw assets through the Protocol to the extent permitted by applicable law.

8. Changes#

We may update this policy at any time, including to add jurisdictions or lists. Updates take effect when published on the Website.

9. Contact#

For questions about this policy, send a direct message to @KimpGiwa on X, which is the only official contact channel.