Alexa

Public Rental Agreement

1. General terms and conditions

This Public Rental Agreement (hereinafter, the “Agreement”) is concluded on the following and between individual (hereinafter, the “Lessor”) and KairosTechnologies Limited (hereinafter, the “Lessee” and/or “Company”), further collectively referred to as the “Parties” or individually as a “Party”; with the specific goal of developing the cloud infrastructure “Kairos Cloud Platform” through renting individual’s personal computer resources by the Company.

Whereas the Company’s main goal is to create a cloud based infrastructure “Kairos Cloud Platform” - distributed cloud system that provides storage and computation for large amounts of data through renting personal computer resources from individuals around the world and combining them into a single network - a unified computing resource.

The Agreement shall be effective without any exceptions from the moment individual (potential Lessor) accepts terms and conditions of this Agreement and makes a refundable Guarantee fee payment; such individual becomes a Lessor of personal computer resources to the Lessee (Company).

This Agreement is an open information, available for familiarization of interested individuals, contains general terms that applies to the Lessor of personal computer resources and the Lessee. The Lessor shall agree and remain in compliance with all applicable terms and conditions provided in this Agreement.

This Agreement is made in English and shall always prevail in the event of a dispute as to the terms of this Agreement.

In this Agreement the following definitions will apply:

Company

Kairos Technologies Limited – the company registered at Gower Street, 3, Ground Floor, London WC1E 6HA, United Kingdom.

Official Website

Internet-resource located by the address: https://kairosplanet.com

Kairos Cloud Platform

Distributed cloud infrastructure that provides storage and computation for large amounts of data. The computer system that allows distributed computing operated and supplied by the Company.

Lessee

KairosTechnologies Limited company

Lessor

Any individual who accepted terms and conditions of this Agreement in order to rent out personal computer resources (including but not limited to processor resources, disk storage etc.) to the Lessee to achieve a goal of creating a cloud based infrastructure Kairos Cloud Platform.

Rental Agreement

Legal relations between Parties, where Lessor’s property (PC resources) is rented out to the Company for a period of time. All rights and responsibilities of these relations are determined based on the type of this Agreement.

Lessor’s Personal Cabinet

Internet-resource located by the address: https://cabinet.kairosplanet.com

Refundable Guarantee Fee

The sum that Lessor transfers to the Lessee’s account based on the type of selected Agreement, to affirm that the computer will be online and operable as described in terms and conditions of the Agreement. This Guarantee fee will be refunded to the Lessor throughout the year in equal installments. The refundable Guarantee fee is obligatory to cover Lessee's underlying risks and to achieve principles and standards of business continuity.

Rental Payment

A predetermined sum that is paid by the Company to the Lessor throughout the year in equal installments. Based on the average expenses related to compliance with terms and conditions of this Agreement and compensation for the use of Lessor’s personal computer resources.

General Company Description

The Company’s goal is to develop the Kairos Cloud Platform by means of a specific software, processing power and disc storage of individual’s PC resources. This goal is achieved by crowdfunding resources through renting personal computers around the world and integrating them into a single network as a general computing resource and global data storage. Therefore, the Company invites a potential Lessor to cooperate and enters into a Rental Agreement to rent Lessor’s PC resources for a period of one (1) year.

Guarantee fee is a basic and essential requirement to enter the Rental Agreement, which guarantees Lessor’s compliance with terms and conditions of the Agreement. Wherein the Company guarantees to refund this fee to the Lessor in equal installments throughout a period of one year (365 days) if all conditions are met.

Furthermore, in accordance with the Agreement, the Company accrues the Rental payment for the use of Lessor`s PC resources, that covers overhead expenses (including, but not limited to electricity, Internet connection, hardware depreciation etc.).

2. Subject of an Agreement

This Agreement is made and entered into by and between you – an individual (“Lessor”) on one side and the Company (“Lessee”) on the other, with a goal of mutually beneficial cooperation, namely:

2.1

The Lessor undertakes a responsibility provide PC resources and make a Guarantee fee payment to the Lessee as a confirmation of compliance with the Agreement.

2.2

Once the Agreement is entered, the Lessor undertakes to provide operability of the rented resources, provide an access to the Internet for a time that is specified in terms and conditions, follow the recommendations of PC manufacturers to provide the longevity and efficiency of the rented resource.

2.3

The Lessee undertakes to refund a Guarantee fee payment and make Rental payments to the Lessor in accordance with terms and conditions of the Agreement.

3. Entering into an Agreement

3.1

The Agreement will be effective only if

3.2

Upon acceptance of this agreement individual:

3.3

Each Lessor independently evaluate his or her activities as legitimate according to local jurisdiction and will be held personally liable for breaching any laws including fiscal, financial, criminal , etc.

3.4

In the event of violation of terms and conditions of this Agreement by the Lessor, breach of local laws and/or providing false information, the Lessee reserves the right to refuse the registration request from such Lessor, to restrict access to the personal account in the system, cancel the Rental Contract or to refuse in making Rental Payments.

3.5

Upon acceptance of this agreement, the Lessor acknowledges that he or she has read, understood, and agreed to stay in compliance with terms and conditions provided in this Agreement. The Lessor acknowledges and understands potential risks and benefits involved with this investment and that the Company is not involved in relationships between users of Company’s services in any way and shall not be held liable for the actions of such individuals other than in the framework of this Agreement. In the same time the Company undertakes to take all measures in order to provide complete information that is necessary and helpful for the Lessor. Upon entering into this Agreement, the Lessor consents for processing of his or her personal data.

4. Provision of Services

Once individual is registered in Personal Cabinet on the official website of the Company, he or she can choose between four (4) types of the Agreement. Each option has different conditions based on the amount of computer resources provided for rent and the amount of Guarantee fee paid:

# Agreement Type Refundable Guarantee Fee Daily Return Monthly Return
1. 15Gb Rent $125,00 $0,34 $10,42
2. 70Gb Rent $597,00 $1,63 $49,75
3. 180Gb Rent $1.577,00 $4,32 $131,42
4. 320Gb Rent $2.777,00 $7,61 $231,42
5. Mutual Obligations

5.1

In order to fulfill obligations of this Agreement, the Lessor undertakes to:

5.2

In order to fulfill obligations of this Agreement, the Lessee undertakes to:

Refund Guarantee fee to the Lessor in equal installments throughout a period of the Agreement if all conditions are met, namely:

In case the Lessor fails to fulfill terms and conditions of the Agreement, the refundable Guarantee Fee sum shall be adjusted accordingly to the amount of time Lessor’s PC being online.

The Company shall start using Lessor’s computer resources within 24 hours after submitting Guarantee fee payment, provided that the required software is installed on the Lessor’s personal computer.

The Company on its part undertakes to maintain a demand for the Lessor’s PC for the time covered by daily returns, but not more than ten (10) hours per day.

The Company shall make appropriate daily returns despite its demand for Lessor’s computer, considering that Lessor complies with all terms and conditions of the Agreement.

In case computer resources of the Lessor are not demanded by the Company due to technical problems or unplanned maintenance works, still the Company shall make appropriate rental payments to the Lessor.

The Company informs all Lessors that it reserves a right to use no more than twelve (12) days in total for regular maintenance works throughout the period of the Agreement (one year), Lessors will be informed regarding such works in advance. However, apart from the above mentioned works, the Company might require to conduct emergency servicing; in this case, the Company shall not carry any responsibility for the lack of demand for the Lessor’s computer resources. The Company shall not be liable if it cannot access computer resources due to Internet connection failures or other technical problems out of Company’s control.

The Company will provide the Lessor with access to personal Cabinet, except the time when regular maintenance works will be held (no more than twelve (12) days throughout the period of the Agreement), the Lessor will be informed regarding such works in advance.

The Lessee undertakes to make Rental Payments by himself or via contractors in a timely manner by transferring funds to the Lessor’s account (electronic account can be used); the Lessee shall not be held liable for any payment delays caused by designated payment system.

The Lessee also reserves the right to request a signed hard-copy of this Agreement (certified by state and municipal authorities) in addition to the Agreement that is provided on the official website of the Company.

6. Payments Processing. Rental Payments.

6.1

Guarantee fee refund policy

The Guarantee fee shall be refunded on a daily basis in equal installments throughout the period of the Agreement (according to selected type of the Agreement), provided that Terms and Conditions of the Agreement are fulfilled by the Lessor and computer stays online for no less than ten (10) hours per day.

In case the Lessor fails to fulfill Terms and Conditions of the Contract, the refundable Guarantee sum shall be adjusted accordingly to the amount of time Lessor’s PC being online.

# Agreement Type Refundable Guarantee Fee Daily Return Monthly Return
1. 15Gb Rent $125,00 $0,34 $10,42
2. 70Gb Rent $597,00 $1,63 $49,75
3. 180Gb Rent $1.577,00 $4,32 $131,42
4. 320Gb Rent $2.777,00 $7,61 $231,42

6.2

Rental payments policy

The Rental Payments will be transferred on a daily basis in equal installments throughout the period of the Agreement (according to chosen type of Agreement), provided that Terms and Conditions of the Agreement are fulfilled by the Lessor and computer stays online for no less than ten (10) hours per day.

In case the Lessor fails to fulfill Terms and Conditions of the Contract, the Rental Payments sum shall be adjusted accordingly to the amount of time Lessor’s PC being online.

# Agreement Type Refundable Guarantee Fee Daily Return Monthly Return
1. 15Gb Rent $187,50 $0,51 $15,62
2. 70Gb Rent $895,50 $2,45 $74,62
3. 180Gb Rent $2.365,50 $6,48 $197,12
4. 320Gb Rent $4.165,50 $11,41 $347,12

The Rental Payment, according to this Agreement, is a predetermined sum that is paid by the Company to the Lessor throughout the year in equal installments. This payment is based on the average expenses related to compliance with terms and conditions of the Agreement and compensation for the use of Lessor’s personal computer resources.

6.3

Payment processing policy

The payment currency for all financial transactions within this Agreement shall be U.S. Dollars (USD). In case Lessor’s jurisdiction has different requisites, transaction can be made in local currency equivalent to the value of USD sum. Transfer of funds in another currency is calculated at the rate of exchange established by the payment system specified by the Lessor.

All Rental payments and Guarantee Fee refunds are processed daily at 23:00 GMT for the period from 22:00 of the previous day to 22:00 of the present day.

All payments are calculated solely on the basis of the Company's accounting system data.

In order to receive payments made by the Company, the Lessor needs to set up a personal account by submitting all the necessary details to payment method section in Personal Cabinet.

The Lessee makes payments according to the Agreement only after Lessor passes the verification procedure. The payment can be processed only if Lessor’s bank details (submitted in the personal Cabinet) passed the verification as well. The verification process of bank details is conducted by company’s verification department and can take up to one (1) month from the moment bank details were submitted for verification purposes. Each change in bank details requires to pass verification process and can postpone payments for one calendar month.

All payments are transferred to verified accounts on a monthly basis within first 5 bank days of the current month based on mandatory payment requests submitted by the Lessor during the previous month.

The Lessor should submit all payment requests through Personal Cabinet no later than 25th day of each calendar month. Payment requests that were submitted after 25th day will be processed during the following calendar month.

In order to prevent violations of the Lessor’s local laws and avoid delays in transferring of funds, the Lessor undertakes to provide all required documents for submission to his or her bank.

Certain countries may put additional requirements for payment processing that Lessor shall comply with.

Monthly Guarantee Fee returns, specified in the Agreement, are documented by both Parties in a monthly Act of Acceptance of Services.

Monthly Rental returns, specified in the Agreement, are documented by both Parties in a monthly Act of Acceptance of Services.

The Company provides all paperwork that is necessary for financial activities upon Lessor’s request.

Payments cannot be made in favor of third parties, except in cases provided by the law and jurisdiction of the Company. In these cases, payments to the Lessor can be made via designated third party on the basis of existing contracts, agreements, etc.

7. Taxes

All payments, made by the Company to the Lessor’s account, will be taxed according to the Lessor’s jurisdiction.

The Lessor takes full responsibility for paying taxes on profits earned from granting computer resources to the Company.

8. Limitation of Liability

The Lessor guarantees that by using Company’s resources and performing any activities within this Agreement will not violate any agreementы, rights or laws of the third parties.

The Lessor grants all rights, including abandonment of confidentiality rights and personal non-property rights, to the Company in order to use any comments, reviews or other materials partially or fully without any obligations.

Each Lessor is personally liable for the actions he or she has undertaken or failed to undertake, as well as full compliance with the law, including when these actions are made based on this Agreement.

In the same time, the Lessor shall not be liable in any way according to any jurisdiction, the content stored on the Lessor’s personal computer, with respect to terms and conditions of the Company, is encrypted and presented as not interpreted digital code that cannot be used by the Lessor in any way in its original form and does not bear any semantic information for the user. This allows to exclude the Lessor’s liability for the content stored on his or her computer.

9. Confidentiality and Personal Data

The use of cloud based infrastructure of Kairos Cloud Platform, as well as participation of individuals as Lessors within framework of Rental Agreement, which inevitably involves the disclosure of personal data.

Due to this, the Company developed following conditions in order to guarantee the right on confidentiality of the Lessor’s personal data. These conditions shall prevail within a framework of the Agreement and apply to the official web site as well as any other internet resources, applications, tools, content, technologies and services that directly or indirectly connected to this web site. By agreeing to terms and conditions of this agreement, Parties also agree to follow the conditions of confidentiality and personal data.

By registering and accepting this Agreement, the Lessor grants the permission to process his or her personal data by the Company, including the following: collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transmission), depersonalization, blocking, and destruction. The above-mentioned activities can be performed by automatic means. The Lessor also consents to transferring of his or her personal data to the third-parties, in order to perform activities mentioned in this clause, provided that the Company and the third-party has an according agreement on compliance with the requirements of “Data Protection”. For the purposes of this Agreement Personal Data means any data that was transferred by the Lessor and that allows to identify this Lessor as well as information received from any public resources and/or regarding his or her activities obtained within this Agreement. Any other information provided by the Lessor for this Agreement shall be considered available for public access, as well as information about the Lessor received from any public resources. This requirement is due to the existence of financial relationships between the Company and the Lessor. Therefore, the Lessor’s personal data obtained by the Company as a result of identification and verification processes, which relate to a living individual who can be identified from those data shall be considered as confidential and can be transferred or disclosed only in provided cases.

The Lessor is personally liable for information content that he or she submits, including liability for compliance of such information with Lessor’s jurisdiction, as well as potential harm to the third-parties, when such information violates their rights.

One way or another, the Company receives personal information every time Lessor visiting the web-site via computer, mobile phone or any other devices. The information that is sent automatically may include data about the pages visited by the Lessor, the IP-address of the computer, device identifiers, the type of operating system, location data, mobile communication networks, standard web log data and other information. The information about the operations of the Lessor and its activities during his or her visit on the web site is also collected.

Upon acceptance of this Agreement, the Lessor acknowledges and agrees that personal data provided by him or her might be used for marketing purposes including promotional newsletters.

The Lessor has the discretion to distribute information about his or her participation in the Rental Agreement with the Company, to provide links to the official website of the Company, personal account, etc. However, he or she shall adhere to the requirements of this Agreement.

The purpose of the use, processing, storage and protection of the Lessor’s personal data is to be able to perform the Rental Agreement.

The Company reserves the right to provide information, that is defined as personal data and obtained within this Agreement, to its partners in case it is required to perform Company’s goals or for the purposes that the Lessor agreed upon; provide information to any government agencies, officials, other authorized persons at their request, if it complies with the law, including if the Company believes that it will help to prevent fraud and other infringing activities.

The Company does not disclose personal data and confidential information to the organizations and/or individuals who do not have any agreements or legal obligations with the Company. For the exception of following circumstances:

In case of merge, acquisition or disposal of the Company’s assets, all of the requirements of confidentiality and protection of personal data will retain.

Anonymous data may be provided by the Company as an illustration of the Company’s statistic results.

At the same time, the Company imposes restrictions for its employees, employees of third parties and their contractors, as well as for contractors regarding access to personal data, as well as imposes on them the strict contractual obligations, the violation of which provides a serious responsibility and penalties.

9.1 Confidentiality Restrictions for the Lessor

The Lessor is prohibited to disclose any confidential information related to the Company without the prior written consent of the Company. “Company’s Confidential Information” includes:

Company’s Confidential Information does not include following information:

9.2 Alterations to the confidentiality policy

The Company reserve the right to make alterations to the existing confidentiality policy. Despite the fact that the Lessor is obliged to follow any changes published on the website, the Company focuses on compliance with the Agreement by all parties and will notify the Lessor regarding the most significant changes to the existing policy.

9.3 Data protection

The Company guarantees to the Lessor to take all possible measures to ensure protection of data that is stored by the Company, or the websites that are operated by the Company within the framework of this Agreement by following means:

10. Liability

In the event of complete or partial failure to fulfill the Agreement, the Parties shall be liable in accordance with the terms of this Agreement and the laws of the United Kingdom.

The Company can be held responsible only for obligations provided in this Agreement.

The Company assumes no liability for complete or partial failure to fulfill obligations provided in the Agreement if such failure was due to fault of the Lessor and/or third parties.

The civil claims of the Lessor caused by the Company’s failure and / or improper fulfillment of its obligations by its own fault shall be reimbursed by the Company at its own expense.

Neither Party assumes no liability for complete or partial failure to fulfill obligations provided in the Agreement if such failure was due to force majeure.

An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following: natural disaster, fire, flood, orders of the authorities, the plight, rebellion, civil war, war, strike or other work stoppage (with the exception of a strike or work stoppage of employees of the Company), and the lack of basic technical conditions caused by circumstances beyond the Parties’ reasonable control.

The Company shall not be liable for any obligations of third parties that are related to the Company.

The Company shall not be liable for the information regarding the Company, its services and products, if this information comes from anywhere except for this Agreement, or the Official website of the Company.

The Lessor is solely liable for any decision made based on the information contained on the Official website of the Company, or the potential use thereof by third parties. Upon acceptance of this agreement, the Lessor agrees that the Company, its owners, executives, employees, third-parties and / or affiliates shall not be liable for decisions that the Lessor makes based on the information posted on the Official website of the Company.

The Company, its owners, executives, employees and third-parties shall not be liable in any way for losses or damages caused by the use of the Official website of the Company, downloads, usage of any content including but not limited to software; and shall not be liable for the accuracy of any information or copies on the Official website of the Company, the availability or unavailability of the materials on the website, any use of the website or materials posted on it.

The company assumes that any use of the Official website of the Company, the information posted on this website, or obtained with its help, as well as the use of any personal or confidential information in connection with the use of the Official website of the Company or resources related to it, as well as use any name of the Company itself and / or services provided by the Company, will be carried out exclusively in accordance with conditions of this Agreement.

In case any clause of this Agreement shall be judicially declared invalid and / or those which are no longer in legal force, it cannot affect the use and validity of the other clauses provided in this Agreement.

The Company reserves the right to reconsider any software, materials, information, services and products presented on the Official website at any given time without notifying the Lessor. The Company also reserve the right to cancel or block the access to the Official website for any Lessor who breached terms and conditions of the Agreement and/or other legal documents that are presented on the Official website. Whereas, the deletion or blockage of user’s Personal Account on this website does not imply the removal of data that was provided by the Lessor during the registration, verification and website utilization process since such data may be requested by other users / lessors, competent authorities etc.

11. Agreement Duration

This agreement shall become effective on the date when the Lessor has registered and paid refundable Guarantee Fee with accordance to this Agreement. This Agreement shall remain effective for one (1) year or 365 days from its effective date.

This Agreement is a complete and only agreement between the Parties and shall replace any prior agreements, statements and guarantees between the Parties.

The Company reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on the Official website. In case individual does not agree with this Agreement or with changes to this Agreements, he or she shall not be entitled to continue the above-mentioned Agreement.

The Lessor is obliged to check the latest information posted on the website to inform himself or herself of any changes in this Agreement.

Any legal or functional changes within the Company shall become effective on the date of its publishing.

The Lessor’s account becomes inactive and daily returns are stopped following expiration of this Agreement. The grace period of thirty (30) days provided for the Lessor to withdraw his or her funds following expiration of this Agreement.

The Lessor will receive system notification thirty (30), fourteen (14), three (3) and one (1) day prior expiration of this Agreement with Kairos Technologies Limited.

The Lessor’s personal account will be permanently terminated upon the expiration of grace period, if he or she did not prolong the period of the Agreement. In the event of Lessor’s failure to withdraw his or her funds from the personal Cabinet within the grace period, these funds will be no longer available for the Lessor.

This Agreement can be prolonged by the Lessor during the grace period for additional year (365 days). The Agreement prolongation is not automatic.

The Lessor can prolong the Agreement by paying refundable Guarantee Fee.

In the event of prolongation of this Agreement by paying refundable Guarantee Fee, the Lessor is obliged to reinstall the KairosPlanet application on his or her personal computer.

12. Agreement cancelation

This Agreement can be terminated or cancelled under the circumstances provided in this clause.

Any actions of the Lessor within this Agreement shall comply with terms and conditions of this Rental Agreement. Upon the breach of these terms and conditions by the Lessor, the according actions shall be performed and the obligations of the KairosTechnologies Limited shall not be effective anymore.

The Lessee reserves the right to limit or to revoke personal account of the Lessor as well as to put any payments within this Agreement on hold in the event of breach of terms and conditions of this Agreement by the Lessor, including:

The Rental Agreement will not be effective upon complete refund of Guarantee Fees or upon the request of one of the Parties.

Certain clauses of this Agreement regarding copyrights, confidentiality and personal data shall be effective for five (5) years after this Agreement becomes ineffective.

In the event of cancelation of this Agreements due to the Lessor’s fault, the Company reserves the right to withhold all payments and permanently block personal account of such Lessor.

The Lessor might request cancellation of the Agreement via email directed to the Company.

In the event of cancelation of this Agreement upon Lessor’s request within fourteen (14) days after Guarantee Fee payment:

In the event of cancelation of this Agreement without the Lessor’s request within fourteen (14) days after Guarantee Fee payment, the Lessor’s personal account shall be deactivated.

In the event of cancelation of this Agreement upon Lessor’s request after fourteen (14) days after Guarantee Fee payment, the Guarantee Fee cannot be refunded completely.

In the event of partial fulfillment of this Agreement, the refundable Guarantee Fee sum shall be adjusted accordingly to the amount of time Lessor’s PC being online. The Lessor’s Personal Account shall be deactivated automatically and the Agreement cancelled permanently.

Without regards to when Guarantee Fee was paid, in the event of this Agreement becoming ineffective, the Company might transfer positive balance of the Lessor’s Personal Account to the bank details submitted by such Lessor, considering that it will not violate terms and conditions of this Agreement including any laws.

Contacts

It is our duty to respond to all your queries, suggestions or feedback.

We do our best to give you outstanding support and help.

  • US representative office

    KAIROSPLANET, INC
    119 Washington Avenue,
    Suite 101 Albany, NY 12210

Support

support@kairosplanet.net
(Mon-Fri, 07:00 - 16:00 UTC)

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