Platform Access and Terms of Use

Effective Date: 13 December 2024. Last Updated: 24 September 2026

1. About these Terms#

Who we are. The Platform is operated by Kasu, a company registered in the Cayman Islands with registration number 402812 (Kasu, we, us, our). The Platform means the website at kasu.finance, the application at app.kasu.finance and any related sites, applications and documentation.

Acceptance. By accessing or using the Platform you agree to be bound by these Terms of Use (Terms) and by our Privacy Policy. If you do not agree, do not use the Platform.

Relationship to your Loan Agreements. These Terms govern your access to and use of the Platform. Each loan you make through the Platform is governed by the Loan Agreement generated when you make it, which incorporates the disclosures shown to you in the Platform at that time. If these Terms conflict with a Loan Agreement in relation to a loan, the Loan Agreement prevails for that loan.

Changes. We may update these Terms from time to time. We will give notice of material changes on the Platform, and you should check it regularly. Continued use of the Platform after a change takes effect is acceptance of the changed Terms. If you do not accept a change, you must stop using the Platform and may submit Withdrawal Requests for your loans, which will be processed in accordance with your Loan Agreements.

Electronic communications. You consent to receiving communications from us electronically, including by email and by notices on the Platform, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Some communications, including notifications of your opportunity to opt in or out of lending to a named End Borrower, carry time limits under your Loan Agreement. You are responsible for keeping your email address current and for ensuring our emails reach you.

2. Eligibility#

You may use the Platform only if:

(a) you are at least 18 years old and have legal capacity to enter into binding contracts, or you are acting on behalf of a business that has authorised you to do so;

(b) you have completed identity verification (or, for a business, business verification) and it remains valid;

(c) you are not resident in, a national of, or acting on behalf of a person in, a country subject to comprehensive sanctions, and you do not appear on any sanctions or watch list;

(d) you are not resident in a jurisdiction where we do not offer the Platform. The Platform is not offered to residents of Australia.

(e) your use of the Platform is lawful where you live.

We may decline, suspend or terminate access where these conditions are not met or cannot be verified, and we may require re-verification at any time.

3. Your account and security#

Signing in. You may sign in with an email address, in which case a Digital Wallet is created and managed for you by our wallet infrastructure provider, or by connecting a wallet you already hold.

Your responsibility. You are responsible for everything done through your account. You must keep your sign-in credentials, your email account and, if you connect your own wallet, its private keys and recovery phrase secure, and you must not share them. Use strong, unique passwords, enable two-factor authentication wherever it is available, and be alert to phishing and other attempts to obtain your credentials. If you connect your own wallet, we recommend disconnecting it from the Platform when you have finished.

Loss of access. We cannot recover a connected wallet whose keys or recovery phrase have been lost, and we are not liable for loss arising from compromise of your credentials, devices, email account or wallet.

Third-party services. Identity verification, bank transfers and currency conversion, and wallet infrastructure are provided by third parties under their own terms, which are shown to you where they apply. Adding funds by bank transfer requires a separate verification by, and opens an account with, our payments partner's infrastructure provider. We are not responsible for the availability or performance of third-party services.

4. Acceptable use#

You must not use the Platform:

(a) for any unlawful purpose, including fraud, money laundering, terrorism financing or sanctions evasion;

(b) to provide false, misleading or incomplete information, including in verification;

(c) to interfere with the Platform's operation or security, including by hacking, introducing malicious code, or attempting to access accounts or data that are not yours;

(d) to send unsolicited communications or to scrape or copy the Platform's content or data other than for your own use; or

(e) to manipulate, or attempt to manipulate, any Lending Strategy, rate or transaction.

You are responsible for complying with all laws that apply to you, including anti-money-laundering, counter-terrorism-financing, sanctions and tax laws, and for your own tax reporting.

5. Monitoring, suspension and termination#

We may monitor use of the Platform for security, compliance and enforcement. We may suspend or restrict your access, or terminate your account, with or without notice, where we reasonably believe you have breached these Terms or applicable law, where required by law or by a regulator, or where our compliance obligations require it. Suspension or termination of Platform access does not by itself terminate your Loan Agreements, which continue to govern your loans; your Loan Agreement provides for the circumstances in which a loan may be repaid to you by a Forced Withdrawal.

6. Information on the Platform; no advice#

The information on the Platform, including rates, performance figures, loan tapes and risk reporting, is provided by us and by Credit Originators for your information in making your own lending decisions. It is not financial, legal or tax advice, and we do not owe you a fiduciary duty. You should obtain your own professional advice before lending. Past performance is not an indicator of future performance.

Kasu is not a bank. Lending through the Platform is not a deposit and is not covered by any government guarantee or compensation scheme.

7. Intellectual property#

All content on the Platform, including its software, text, design, trademarks and logos, is owned by us or our licensors and protected by intellectual property law. You may use it only as necessary to use the Platform for its intended purpose. You may not otherwise copy, modify, distribute or use it without our prior written consent, which we may withhold at our discretion.

8. Links#

The Platform may contain links to third-party websites, including those of our verification and payments partners and of Credit Originators. We are not responsible for their content, security or privacy practices.

9. Risk and assumption of risk#

Lending through the Platform involves risk, including the risk of losing some or all of the capital you lend. The principal risks are set out in the Risk Warning on the Platform and in the user docs, and include credit risk (End Borrowers failing to repay), Priority Ranking and subordination risk, liquidity risk (Withdrawal Requests not being filled when you want them), stablecoin and currency risk, blockchain and smart contract risk, operational and cyber risk, and regulatory risk. By using the Platform you acknowledge that you have read the Risk Warning and accept these risks.

10. Warranties and liability#

No warranty. The Platform is provided "as is" and "as available". To the fullest extent permitted by law we exclude all warranties, express or implied, including as to accuracy, completeness, availability, fitness for purpose and non-infringement. We do not warrant that the Platform will be uninterrupted, secure or free of errors.

Limitation of liability. To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, data, business or opportunity, arising out of or in connection with your use of the Platform, whether in contract, tort (including negligence), statute or otherwise, even if we were advised of the possibility. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.

Loan performance. Nothing in these Terms is a guarantee of the performance of any loan, the repayment of any amount lent, or the payment of any interest. Those matters are governed solely by your Loan Agreements.

11. Indemnity#

You agree to indemnify and hold harmless Kasu and its affiliates, officers, directors, employees, contractors, agents, licensors and service providers from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to your breach of these Terms, your unlawful use of the Platform, your breach of applicable law, or any use of the Platform by a third party through your account or with your assistance.

12. Governing law and dispute resolution#

Governing law. These Terms, and any dispute or claim arising out of or in connection with them or your use of the Platform, are governed by the laws of the Cayman Islands.

Dispute resolution. Any dispute, controversy or claim arising out of or in connection with these Terms, or your access to or use of the Platform, including any question regarding the existence, validity, breach or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference into this clause, and on the following terms:

• The seat of the arbitration shall be Singapore.
• The language of the arbitration shall be English.
• The tribunal shall consist of one arbitrator.
• The tribunal shall have the power to order interim or conservatory measures, and nothing in this clause prevents a party from seeking interim relief from any court of competent jurisdiction in support of the arbitration.
• The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.
• The arbitration, and all materials and awards produced in it, shall be confidential, except as required to enforce an award or by law.
• The law governing this arbitration agreement is the law of Singapore.

Class action and jury trial waiver. To the extent permitted by law, you and Kasu agree that any dispute will be resolved on an individual basis, and each waives any right to a jury trial and any right to participate in a class, collective or representative action.

13. General#

Force majeure. We are not liable for any failure or delay in performing our obligations under these Terms caused by events beyond our reasonable control, including natural disaster, pandemic, war, civil unrest, government action, failure of the internet or of telecommunications, or a significant disruption to a blockchain network or a third-party service on which the Platform depends.

Specific terms. Additional terms may apply to particular Lending Strategies, Lending Options or features, and are shown to you where they apply. Each loan is governed by its Loan Agreement (section 1).

Severability. If any provision of these Terms is found to be invalid or unenforceable, it will be severed to the minimum extent necessary and the remaining provisions will continue in effect.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer your rights under these Terms. We may assign our rights and obligations to an affiliate or a successor in connection with a reorganisation, merger or sale, and will give notice on the Platform if we do.

Entire agreement. These Terms, the Privacy Policy and, for each loan, its Loan Agreement and the disclosures it incorporates, are the entire agreement between you and us concerning the Platform.

Contact. Questions about these Terms should be sent to info@kasu.finance.