Security, Privacy
and Personal Data

First Kudi takes security very seriously and has
advanced algorithmic and manual systems in
place to ensure your funds are always safe.
This is peace of mind with First Kudi.

Security

Security,
Privacy and
Personal Data

First Kudi takes security very seriously
and has advanced algorithmic and
manual systems in place to ensure
your funds are always safe.
This is peace of mind with First Kudi.

Account Security

First Kudi takes security very seriously and the measures we have in place to protect your First Kudi Account are explained on the Security page of the First Kudi website.

However, you are solely responsible for: maintaining adequate security and control over your First Kudi Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your First Kudi Account; enabling any additional security features available to you, including the activation of two factor authentication on your First Kudi account (see the First Kudi Help Centre); keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security (see Electronic Communications); maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your First Kudi Account.

Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your First Kudi Account and the loss or theft of any cryptocurrency and/or Local Currency balances held in your First Kudi Wallet or any linked bank account(s). First Kudi shall have no liability to you for or in connection with any unauthorised access to your First Kudi Account, where such unauthorised access was due to no fault of First Kudi, and/or any failure by you to act upon any notice or alert that we send to you.

The security of your First Kudi Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. First Kudi strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.

Care should be taken in reviewing messages purporting to originate from First Kudi and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your First Kudi Account through the First Kudi website (specifically, https://kudi.exchange, and not any other domain name or website purporting to be, or to be related to, First Kudi) to review any transactions or required actions.

To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your First Kudi Account and accept all risks of any unauthorised or authorised access to your First Kudi Account.

Account Security

First Kudi takes security very seriously and the measures we have in place to protect your First Kudi Account are explained on the Security page of the First Kudi website.

However, you are solely responsible for: maintaining adequate security and control over your First Kudi Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your First Kudi Account; enabling any additional security features available to you, including the activation of two factor authentication on your First Kudi account (see the First Kudi Help Centre); keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security (see Electronic Communications); maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your First Kudi Account.

Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your First Kudi Account and the loss or theft of any cryptocurrency and/or Local Currency balances held in your First Kudi Wallet or any linked bank account(s). First Kudi shall have no liability to you for or in connection with any unauthorised access to your First Kudi Account, where such unauthorised access was due to no fault of First Kudi, and/or any failure by you to act upon any notice or alert that we send to you.

The security of your First Kudi Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. First Kudi strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.

Care should be taken in reviewing messages purporting to originate from First Kudi and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your First Kudi Account through the First Kudi website (specifically, https://kudi.exchange, and not any other domain name or website purporting to be, or to be related to, First Kudi) to review any transactions or required actions.

To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your First Kudi Account and accept all risks of any unauthorised or authorised access to your First Kudi Account.

Private Keys

First Kudi securely stores all Supported Cryptocurrency private keys (“Private Keys”) associated with any First Kudi Account. You accept and agree that First Kudi shall retain full ownership and control of the Private Keys associated with your First Kudi Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, First Kudi will not: accept or adhere to any instruction to sign any data with a Private Key; give access to any funds associated with your private keys, other than those of the Supported Cryptocurrency associated with your cryptocurrency wallet; allow the creation of any receive addresses associated with a Private Key other than receive addresses created through your First Kudi Wallet. First Kudi will not credit to your First Kudi Wallet any cryptocurrency associated with a Private Key other than where such funds have been received via a receive address generated through your First Kudi Wallet.

KYC/AML

First Kudi is committed to implementing and maintaining the highest standards of Know Your Customer (KYC) and Anti Money Laundering (AML) compliance and requires management and employees to adhere to these standards to prevent abuse of First Kudi products and services for money laundering and terrorist financing purposes.

In pursuing its commitment to assist in the detection, prevention, and reporting of money laundering activities, First Kudi shall be guided by the following principles:

First Kudi shall implement a risk based approach to assessing and implementing AML and KYC procedures.

First Kudi shall know its customers by obtaining satisfactory evidence of their identity and having effective procedures to verify the authenticity of the information furnished by new customers.

First Kudi shall ensure that its business is conducted in conformity with high ethical standards, that laws and regulations are adhered to, and that service is not provided where there is good reason to believe that transactions are associated with money laundering activities.

Subject to the legal constraints relating to customer confidentiality, First Kudi shall cooperate fully with law enforcement agencies by, among others, taking appropriate measures allowed by law if there are reasonable grounds for suspecting money laundering.

First Kudi shall adopt policies consistent with the principles set out in this policy, and ensure that its staff, wherever located, are informed of these policies and adequately trained in matters covered herein.

First Kudi shall implement specific procedures for customer identification, record keeping and retention of transaction documents and reporting of covered and suspicious transactions.

Private Keys

First Kudi securely stores all Supported Cryptocurrency private keys (“Private Keys”) associated with any First Kudi Account. You accept and agree that First Kudi shall retain full ownership and control of the Private Keys associated with your First Kudi Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, First Kudi will not: accept or adhere to any instruction to sign any data with a Private Key; give access to any funds associated with your private keys, other than those of the Supported Cryptocurrency associated with your cryptocurrency wallet; allow the creation of any receive addresses associated with a Private Key other than receive addresses created through your First Kudi Wallet. First Kudi will not credit to your First Kudi Wallet any cryptocurrency associated with a Private Key other than where such funds have been received via a receive address generated through your First Kudi Wallet.

KYC/AML

First Kudi is committed to implementing and maintaining the highest standards of Know Your Customer (KYC) and Anti Money Laundering (AML) compliance and requires management and employees to adhere to these standards to prevent abuse of First Kudi products and services for money laundering and terrorist financing purposes.

In pursuing its commitment to assist in the detection, prevention, and reporting of money laundering activities, First Kudi shall be guided by the following principles:

First Kudi shall implement a risk based approach to assessing and implementing AML and KYC procedures.

First Kudi shall know its customers by obtaining satisfactory evidence of their identity and having effective procedures to verify the authenticity of the information furnished by new customers.

First Kudi shall ensure that its business is conducted in conformity with high ethical standards, that laws and regulations are adhered to, and that service is not provided where there is good reason to believe that transactions are associated with money laundering activities.

Subject to the legal constraints relating to customer confidentiality, First Kudi shall cooperate fully with law enforcement agencies by, among others, taking appropriate measures allowed by law if there are reasonable grounds for suspecting money laundering.

First Kudi shall adopt policies consistent with the principles set out in this policy, and ensure that its staff, wherever located, are informed of these policies and adequately trained in matters covered herein.

First Kudi shall implement specific procedures for customer identification, record keeping and retention of transaction documents and reporting of covered and suspicious transactions.

Privacy and Personal Data

First Kudi places great importance on ensuring the security of your personal data. We regularly review and implement up-to-date technical and organisational security measures when processing your personal data. Employees of First Kudi are trained to handle personal data securely and with the utmost respect, and failing to properly do so may result in disciplinary action.

Retention of Personal Data

First Kudi will retain your personal data, in compliance with this Privacy Policy and the Terms of Use, for the duration of your relationship with us, and afterwards for such period as may be necessary for our legitimate business purposes (including compliance with our legal obligations, preventing fraud, resolving disputes and enforcing agreements), to protect the interests of First Kudi and its customers, and as required by law.

Incomplete Personal Data

Where indicated (for example in application forms or account opening forms), it is obligatory to provide your personal data to us to enable us to process your application for our products or services. Should you decline to provide such personal data, we may not be able to process your application/request or provide you with our products or services.

Your right to access, update, or remove your personal data

Most of the data First Kudi collects, and the ways in which we use it, are necessary for us to provide and improve the services we provide to you, or to comply with our obligations. In certain situations, we give you the ability to choose how we use your data.

Depending on the country in which you live, you may have certain rights under data protection law, including the right to object to the processing of your personal data or to request that we: provide you with a copy of your personal data (including in a format that can be shared with a new provider); or correct, delete, or restrict the processing of your personal data.

Please submit a support ticket or contact customer service if you would like to exercise any of the above rights. These rights are limited in some situations, such as where we are legally required to process your data, and may limit your ability to use our products and services.

Data Breaches

We will notify you and the relevant supervisory authority as soon as we become aware of any data breach that is likely to result in a risk to your rights and freedoms.

Revisions to this Privacy Policy

We may amend this Privacy Policy from time to time. We will do our best to notify you of any amendments to the Privacy Policy and any such notice will be posted on our application or our website, or sent by email to the address associated with your First Kudi Account (see Electronic Communications).

Contacting First Kudi Regarding Personal Data

Should you have any query in relation to this Privacy Policy or how we handle your personal data, please contact us by submitting a support ticket or contacting customer service.

Privacy and Personal Data

First Kudi places great importance on ensuring the security of your personal data. We regularly review and implement up-to-date technical and organisational security measures when processing your personal data. Employees of First Kudi are trained to handle personal data securely and with the utmost respect, and failing to properly do so may result in disciplinary action.

Retention of Personal Data

First Kudi will retain your personal data, in compliance with this Privacy Policy and the Terms of Use, for the duration of your relationship with us, and afterwards for such period as may be necessary for our legitimate business purposes (including compliance with our legal obligations, preventing fraud, resolving disputes and enforcing agreements), to protect the interests of First Kudi and its customers, and as required by law.

Incomplete Personal Data

Where indicated (for example in application forms or account opening forms), it is obligatory to provide your personal data to us to enable us to process your application for our products or services. Should you decline to provide such personal data, we may not be able to process your application/request or provide you with our products or services.

Your right to access, update, or remove your personal data

Most of the data First Kudi collects, and the ways in which we use it, are necessary for us to provide and improve the services we provide to you, or to comply with our obligations. In certain situations, we give you the ability to choose how we use your data.

Depending on the country in which you live, you may have certain rights under data protection law, including the right to object to the processing of your personal data or to request that we: provide you with a copy of your personal data (including in a format that can be shared with a new provider); or correct, delete, or restrict the processing of your personal data.

Please submit a support ticket or contact customer service if you would like to exercise any of the above rights. These rights are limited in some situations, such as where we are legally required to process your data, and may limit your ability to use our products and services.

Data Breaches

We will notify you and the relevant supervisory authority as soon as we become aware of any data breach that is likely to result in a risk to your rights and freedoms.

Revisions to this Privacy Policy

We may amend this Privacy Policy from time to time. We will do our best to notify you of any amendments to the Privacy Policy and any such notice will be posted on our application or our website, or sent by email to the address associated with your First Kudi Account (see Electronic Communications).

Contacting First Kudi Regarding Personal Data

Should you have any query in relation to this Privacy Policy or how we handle your personal data, please contact us by submitting a support ticket or contacting customer service.

Security & Terms

Thank you for choosing First Kudi. The following Terms and Conditions and the Privacy Policy (together, the “Terms”) apply to any person that registers for and/or opens a First Kudi Account through First Kudi.com or any associated mobile applications, website, or APIs (together, the “First Kudi Site”).

The Terms constitute a legally binding agreement between you and First Kudi, which is owned and operated by TLG Global Ventures, Inc., an entity duly authorized and incorporated under the laws of Estonia. For the purposes of these Terms, any reference to “we” “us” “our” “First Kudi” and/or any similar term shall be construed as reference to First Kudi.

By registering for and opening a First Kudi Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the First Kudi Site and/or your First Kudi Account, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

Please read these Terms carefully before using the First Kudi Site because they affect your legal rights and obligations.

a. Amendment of Terms
First Kudi may amend the Terms from time to time. You should visit the First Kudi website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the First Kudi Site, or sent by email to the address associated with your First Kudi Account (see Electronic Communications).

The continued use of your First Kudi Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the First Kudi Site and your First Kudi Account.

b. Eligibility
By opening a First Kudi Account, you expressly warrant and represent that:

You are 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the First Kudi Site;

You will not open, or attempt to open, a First Kudi Account under any name except your own, or use your First Kudi Account to carry out transactions on behalf of a third party;

You will follow the First Kudi Business account application process (presently in development) if you seek to open and use a First Kudi Account for a non-individual legal entity (e.g. a company, trust or partnership);

You will not have more than one First Kudi Account, or use or access any First Kudi Account other than your own, or assist any other person in obtaining unauthorised access to any First Kudi Account;

You will provide security for transactions carried out through your First Kudi Account by ensuring there is sufficient Local Currency or cryptocurrency (as the case may be) in your First Kudi Account in advance of any transaction;

You will not allow or facilitate the deposit of Local Currency into your First Kudi Account unless that deposit is made in accordance with the Deposit Requirements (see Deposits);

You will not allow or facilitate the withdrawal of Local Currency from your First Kudi Wallet to a bank account held in the name of a third party (see Withdrawals);

You will not use your First Kudi Account for or in relation to any illegal activity, any Prohibited Activity, in violation of any laws, statutes, ordinances or regulations, or in breach of First Kudi’s Export Controls and Sanctions requirements;

You are not a national or resident of the United States of America.

Any capitalised terms used in this Eligibility section shall have the meaning given to them in these Terms. Reference in these Terms to “Local Currency” means fiat or government issued currency (e.g. NGA).

By opening a First Kudi Account you accept and agree that First Kudi may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the First Kudi Site or any First Kudi Account in a manner that is inconsistent with the letter or spirit of these Terms.

c. Risks
Before using the First Kudi Site, you should ensure that you understand the risks involved in buying, selling or trading cryptocurrencies. Cryptocurrency markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets.

You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or trading cryptocurrency. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with cryptocurrency.

You accept and agree that:

Any communications, agreements, notices and/or any other documents (together “Communications”) relating to your First Kudi Account or your use of First Kudi’s services will be provided to you electronically by posting them on the First Kudi Site, emailing them to the email address you have provided to us, or through any other form of electronic communication. You consent to receiving all Communications electronically;

You will at all times have available to you the necessary hardware and software to receive, access and retain Communications sent to you electronically, including a device with an internet connection and a valid and accessible email address;

You assume full responsibility for providing First Kudi with a valid and accessible email address to which any Communications may be sent, and for ensuring that email address and any other contact information is kept up to date. Any Communication sent to the email address you have provided to us will be deemed to have been received by you. You can amend your contact information by signing-in to your First Kudi Account and accessing the Settings page.
You may at any time withdraw your consent to receiving Communications electronically by contacting support@First Kudi.com. You acknowledge that failure to give, or withdrawing, consent to receiving Communications electronically puts the security of your First Kudi Account at risk (see Account Security) and that First Kudi reserves the right to close your First Kudi Account in the event you fail to give, or withdraw, your consent to the receipt of Communications electronically.

All trades executed on First Kudi are executed automatically, based on the parameters of your order instructions, and cannot be reversed. In the case of technical issues affecting First Kudi’s internal systems, First Kudi may, where possible and in its sole discretion, take steps to reverse or otherwise amend a trade.

All trading on First Kudi is subject to First Kudi’s fee structure, as set out on the Fees and Transactions page. By using the First Kudi, you accept and agree to all applicable fees.

First Kudi makes no guarantee that the platform will be available without interruption; that there will be no delays, failures, errors, omissions or loss of transmitted information; or that any order will be executed, accepted, recorded, or remain open. First Kudi may, at any time and in our sole discretion, refuse any trade, impose limits on the trade amount permitted, or impose any other conditions or restrictions upon your use of the platform that we deem necessary. First Kudi reserves the right to take such action without prior notice.

The KUDI Wallet allows you to send, receive and store your bitcoins and other digital assets. The KUDI Wallet can only store and support the digital assets which First Kudi, in its sole discretion, decides to support. The supported cryptocurrencies may change from time to time. Under no circumstances should you attempt to carry out a transaction in relation to a cryptocurrency that is not supported by the platform.
When using the Kudi Wallet, the user accepts and agrees that our platform does not guarantee the identity of any user, receiver, or other party during a transaction.

The user is solely responsible for ensuring that all transaction details are correct.
Finally, the user should carefully verify all transaction information prior to submitting transaction instructions to First Kudi.

a. Sending Cryptocurrency: The user accepts and agrees that they will have no access, entitlement or claim to any cryptocurrency sent to a receive address associated with your KUDI Wallet where that cryptocurrency is not a supported cryptocurrency; or to any cryptocurrency sent to a receive address associated with your KUDI Wallet, where that receive address is associated with another cryptocurrency. For example, you will not be credited with Bitcoin Cash (BCH) sent to your Bitcoin (BTC) Kudi Wallet address.

b. Receiving cryptocurrency: The user may receive supported cryptocurrencies into your KUDI Wallet by providing the sender with a receive address generated in your KUDI Wallet. Your KUDI Wallet will only be credited with the supported cryptocurrency sent to a receive address generated through your KUDI Wallet and associated with that supported cryptocurrency. For example, your KUDI Wallet will be credited with BTC when it is sent to a BTC receive address generated through your KUDI Wallet.

c. Local Currency in your KUDI Wallet: Local Currency deposited into your KUDI Wallet is solely for the purchase of supported cryptocurrencies and/or the withdrawal to an approved bank account.
Proceeds from the sale of supported cryptocurrencies will be credited to your KUDI Wallet in your local currency, minus any applicable fees (as explained in Fees and Transactions page). First Kudi does not pay interest on Local Currency or supported cryptocurrency balances held in your KUDI Wallet.

d. Funds received in error: In the event you know, suspect that any Local Currency or cryptocurrency has been credited to your First Kudi Wallet (or to any bank account) in error, you must immediately notify First Kudi of the error by submitting a ticket through the Help Centre. You accept and agree that you have no claim or entitlement to any Local Currency or cryptocurrency received in error, and must immediately return such funds in accordance with the instructions received from First Kudi.

First Kudi implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. While our industry is largely unregulated, First Kudi voluntarily adheres to local and international compliance standards in relation to customer due diligence, as explained on the Compliance page of the First Kudi website.

To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening a First Kudi Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply to your First Kudi Account. In certain circumstances, First Kudi may also perform enhanced due diligence (“EDD”) procedures in relation to your First Kudi Account. You accept and agree that you will remain subject to such procedures at all times.

First Kudi reserves the right to, at any time:

restrict or suspend your First Kudi Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or terminate your First Kudi Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.

You accept and agree that there may be delays in accessing your First Kudi Account, or in carrying out transactions through your First Kudi Account, while we undertake any Identity Verification and/or EDD procedures.

a. Retention of information. First Kudi is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with First Kudi. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to First Kudi may be retained by us, including following the closure of your First Kudi Account.

Where your identity has been verified (in accordance with the Identity Verification requirements), you may deposit Local Currency (e.g. NGN) into your First Kudi Wallet by depositing funds into a First Kudi bank account (a “Deposit”).

Details of the First Kudi bank account into which you must make the Deposit will be provided to you by First Kudi, and any such bank account will be held and operated by a First Kudi operating entity in your country or region. You accept and agree that any information you provide to First Kudi may be shared with such local entity, which will process Local Currency transactions in accordance with First Kudi’s instructions.

The payment methods by which you may Deposit Local Currency will depend upon the country you are in, and are set out on the Fees and Transactions page of the First Kudi website. Where you have made a Deposit using a Supported Deposit Method, and have adhered to the Deposit Requirements (explained below), your Deposit will be allocated to your First Kudi Wallet.

Due to legal and operational constraints, you must strictly adhere to the following Deposit requirements (the “Deposit Requirements”):

You may only make a Deposit from a bank account (or other Supported Deposit Method) held in your own name. You must not allow any third party to make a Deposit into your First Kudi Wallet. You may only Deposit Local Currency from a bank account (or other Supported Deposit Method) compatible with the deposit methods available in your country or region; you must not use cash or cheques to make a Deposit. First Kudi reserves the right to refuse any Deposit made by cash or cheque. Should First Kudi decide, in its sole discretion, to allow a Deposit by cash or cheque on an exceptional basis, the allocation of such Deposit will be delayed to allow fraud and compliance checks to take place, and additional fees may be levied. Any First Kudi Account that receives more than one cash or cheque deposit may, at First Kudi’s sole discretion, be suspended indefinitely.

You agree to abide by the Deposit Requirements and agree and accept that failure to do so may cause delay in or failure of any Deposit reflecting in your First Kudi Wallet, and/or restriction, suspension or termination of your First Kudi Account.

a. Allocation of deposits.
When you request to make a Deposit through your First Kudi Wallet, you will be provided with a Reference Number or Unique Deposit Amount. To permit timely and successful allocation of a Deposit to your First Kudi Wallet, you must use the Reference Number or Unique Deposit Amount when you make an online bank transfer or use any other Supported Deposit Method. First Kudi will not be responsible for any delay in or non-allocation of Deposits to your First Kudi Wallet where you fail to specify the required Reference Number or Unique Deposit Amount.

Deposits may take time to reflect in your First Kudi Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will First Kudi have any liability to you in relation to any delay in or failure of a Deposit reflecting in your First Kudi Wallet.

First Kudi will make all reasonable efforts to allocate Deposits that do not meet the Deposit Requirements. However, any Deposits less than the Minimum Unallocated Deposit Amount that cannot be allocated within a one month period will be retained by First Kudi and you accept and agree that you shall have no further claim or entitlement to such funds. The Minimum Unallocated Deposit Amount shall until otherwise determined by First Kudi be USD10.00 or the equivalent in your Local Currency.

First Kudi Wallet holders may use the Instant Buy or Sell service to buy or sell a chosen amount of Supported Cryptocurrency at the quoted exchange rate.

In using the Instant Buy or Sell service, you accept and agree that:

When you make an Instant Buy or Sell order, First Kudi will match your order with open orders on the First Kudi Exchange or other cryptocurrency exchanges available to us. First Kudi will facilitate the trade, in accordance with your instructions;

First Kudi is not acting as your broker, intermediary, agent, adviser or in any fiduciary capacity and no information or communication provided to you by First Kudi in relation to an Instant Buy or Sell transaction will constitute advice;

when you place an order to buy or sell Supported Cryptocurrency, we will provide you with a quoted exchange rate. First Kudi is unable to, and will not, specify the percentage of the quoted exchange rate that reflects First Kudi’s facilitation of the relevant trade, as it will vary with market conditions. The quoted exchange rate may differ from rates seen elsewhere on the First Kudi site, or on external sources, and you acknowledge that the quoted exchange rate is the rate that will apply to your order;

By proceeding with your Instant Buy or Sell transaction, you confirm that you accept the quoted exchange rate, including its components; a volume limit per transaction will apply to any Instant Buy or Sell order (see the Fees and Features page of the First Kudi website); and
First Kudi does not guarantee the availability of, or that there will be no delays or interruptions in or to, the Instant Buy or Sell service.

Before confirming any Instant Buy or Sell transaction, you must ensure that the amount of Supported Cryptocurrency to be bought or sold is correct and that you agree to the quoted exchange rate. First Kudi cannot, and will not, reverse an executed order.

First Kudi reserves the right to delay or refuse any Instant Buy or Sell transaction if, in our sole discretion, we perceive there to be a risk of fraud or illegal activity, or where we have reasonable grounds on which to suspect an error may have been made. First Kudi shall have no liability to you in connection with any delay in or non-completion of an Instant Buy or Sell transaction.

The fees applicable to transactions undertaken on the First Kudi Site can be viewed on the Fees and Features page of the First Kudi website. First Kudi reserves the right to change our fees at any time and will update the Fees and Features page accordingly. In certain circumstances, and at our sole discretion, First Kudi may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers.

a. Send and Receive fees.
You may be charged a fee to send Supported Cryptocurrency from your First Kudi Wallet and/or to receive Supported Cryptocurrency into your First Kudi Wallet. Fees will apply where Supported Cryptocurrency is sent to or received from a Supported Cryptocurrency address (e.g. a Bitcoin address); no fees will apply where Supported Cryptocurrency is sent to or received from a mobile telephone number or email address. Please see the Fees and Features page of the First Kudi website for further information on send and receive fees.

b. Deposit and Withdrawal fees.
All Withdrawals from your First Kudi Wallet will incur a fee. Such fees differ by country and are set out on the Fees and Features page of the First Kudi website. Some Deposits made using a Supported Deposit Method may incur a fee, as set out on the Fees and Features page, and cash Deposits may incur a Cash Deposit Penalty (see Deposits). Such fees will be displayed in your transaction history upon completion of the transaction.

c. Instant Buy and Sell fees. The quoted exchange rate in relation to any buy or sell order placed using the Instant Buy and Sell service will include an amount to reflect First Kudi’s facilitation of the relevant trade, the percentage of which will vary with market conditions (see Instant Buy or Sell).

d. Trade fees. First Kudi applies a Maker / Taker fee structure for customers using the First Kudi Exchange, which is explained in the First Kudi Help Centre. Please consult the Fees and Features page of the First Kudi website for further information on applicable Maker and Taker fees. First Kudi will, at the time of any transaction on the First Kudi Exchange, notify you of any fees that will apply to the transaction. By proceeding with any transaction, you accept and agree to the applicable fees. Such fees will also be displayed in your transaction history upon completion of the transaction.

While we will do everything we can to provide continuous operations, First Kudi does not provide any warranty in relation to the availability of the First Kudi Site or your First Kudi Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the First Kudi Site or your First Kudi Account and make no representation that the First Kudi Site, First Kudi API, your First Kudi Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.

When you use your First Kudi Account to send or receive cryptocurrency, the transaction must be confirmed and recorded in the public ledger associated with the relevant cryptocurrency network (e.g. the Bitcoin network or the Ethereum network). That cryptocurrency network is solely responsible for verifying and confirming any such transactions. First Kudi cannot confirm, cancel or reverse transactions on a cryptocurrency network, other than confirming to you that the network has completed the transaction. You accept and agree that:

Once submitted to a cryptocurrency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your First Kudi Wallet balance or be available to you to conduct transactions;

When you send cryptocurrency from your First Kudi Account, you are authorising us to submit your transaction request to the relevant cryptocurrency network. Once a transaction request has been submitted to the relevant cryptocurrency network, the network will automatically complete or reject the request and neither you or First Kudi will be able to cancel or otherwise modify your transaction.

Cryptocurrency networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by First Kudi so we cannot ensure that any transaction details you submit will be confirmed by the relevant cryptocurrency network. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the cryptocurrency network used to process the transaction.

a. Network protocols and operating rules.
The underlying software protocols that govern the operation of the Supported Cryptocurrencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and First Kudi has no ownership of or control over these protocols. By using the First Kudi Site, you accept and agree that:

First Kudi is not responsible for the operation of any cryptocurrency network’s underlying software protocols and makes no guarantee as to their availability, security, or functionality; the underlying software protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, and/or name of any cryptocurrency you store in your First Kudi Account. Should a fork occur, First Kudi may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the forked protocol entirely; and in the event First Kudi decides not to support a branch of a forked protocol, you will not be given access to the assets on that fork. Those assets will be securely held by First Kudi and we will not buy or sell them.

Local Currency deposited into your KUDI Exchange Wallet may only be used for the purchase of Supported Cryptocurrencies and/or Withdrawal to an approved bank account (see The KUDI Exchange Wallet). You must not use your KUDI Exchange Wallet for the purpose of storing Local Currency. Where any Local Currency in your KUDI Exchange Wallet is not used for a period exceeding three months, KUDI Exchange may charge and obtain from you an Inactivity Fee of USD2.00 per month (or the equivalent in your Local Currency), which shall be collected from the Local Currency held in your KUDI Exchange Wallet. Should we have reasonable grounds on which to suspect you are using your KUDI Exchange Wallet primarily for the purpose of storing Local Currency, KUDI Exchange reserves the right to restrict, suspend or terminate your KUDI Exchange Account.

a. Unclaimed property.
In the event any funds are held in your KUDI Exchange Wallet(s) and KUDI Exchange has no record of any use of your KUDI Exchange Account for several years, and we are unable to contact you, the law in your jurisdiction may require us to report and deliver such funds to the relevant authorities as unclaimed property. To the extent permitted by applicable law, KUDI Exchange reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds.

You may close your KUDI Exchange Account by submitting a closure request via the Help Centre. KUDI Exchange will action such requests once (i) the sum of all Local Currency and cryptocurrency balances in your KUDI Exchange Wallet(s) is below the Minimum Closure Amount; and (ii) no transactions have taken place in your KUDI Exchange Account for a period of at least 30 days. Such requirements are designed to protect you from loss and KUDI Exchange will not action a closure request until they are satisfied.

You accept and acknowledge that, once your KUDI Exchange Account is closed:
you will have no further access to it; KUDI Exchange will be under no obligation to notify you of, or provide to you, any cryptocurrency sent to any receive address associated with your KUDI Exchange Account; and KUDI Exchange reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons.

If at the date of closure of your account any Local Currency or cryptocurrency remains in your KUDI Exchange Wallet(s) (i.e. funds amounting to less than the Minimum Closure Amount), you accept and agree that KUDI Exchange shall retain such funds and that you shall have no further claim to them. The Minimum Closure Amount shall be USD10.00 or the equivalent in your Local Currency.

You accept and agree that KUDI Exchange shall not be liable to you or any third party in relation to the closure of your KUDI Exchange Account, the termination of access to your KUDI Exchange Account, or for the deletion of your information or KUDI Exchange Account data.

KUDI Exchange reserves the right to restrict, suspend or terminate your KUDI Exchange Account where:

We reasonably suspect your KUDI Exchange Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
we reasonably suspect your KUDI Exchange Account has been or is being used in relation to any unlawful, fraudulent or Prohibited Activity, or in breach of these Terms;

We reasonably suspect you or your KUDI Exchange Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;

We reasonably suspect you of taking any action that KUDI Exchange considers to be a circumvention of KUDI Exchange’s controls, including but not limited to opening multiple KUDI Exchange Accounts;

We reasonably suspect your involvement in any attempt to gain unauthorised access to any KUDI Exchange Account;

Your KUDI Exchange Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your KUDI Exchange Account;

We are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or

Your name appears on a government or international body sanctions list.

KUDI Exchange will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your KUDI Exchange Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise KUDI Exchange’s security and/or risk management procedures. You accept and agree that KUDI Exchange is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your KUDI Exchange Account, and shall have no liability to you in connection with the restriction, suspension or termination of your KUDI Exchange Account.

This section applies to any use of First Kudi’s Application Programming Interface and any associated documentation or materials (together, the “First Kudi API”, see the First Kudi API page of the First Kudi website). Any use of the First Kudi API is subject to this section and, for the avoidance of doubt, the Terms in their entirety.

Any use of the First Kudi API is entirely at your own risk. It is your responsibility to keep any API keys, passwords or other credentials relating to your use of the First Kudi API secure, and you accept and agree that you take full responsibility for any and all requests made over the API, whether authorised by you or not.

First Kudi sets and enforces limits on your use of the First Kudi API (e.g. limiting the number of requests per second). You accept and agree that any circumvention of, or attempt to circumvent, these limits, or any use of the First Kudi API that may adversely affect other users of the First Kudi Site, may result in First Kudi, at its sole discretion, revoking your API access.

Under no circumstances does any information contained on the First Kudi Site, or provided to you through your First Kudi Account or by any employee, agent or affiliate of First Kudi, constitute financial, investment or other professional advice.

You are solely responsible for any decision to store, buy or sell cryptocurrency, and such decision should take into account your risk tolerance and financial circumstances. For more information on the risks involved, see Risks and the Risk Warning on the First Kudi website. You should consult your legal or tax professional in relation to your specific situation.

You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your First Kudi Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.

Your use of the First Kudi Site is subject to international export controls and economic sanctions requirements. By undertaking any activity on the First Kudi Site or through your First Kudi Account, including but not limited to sending, receiving, buying, selling, storing or trading any cryptocurrency, you agree that you will at all times comply with those requirements. In particular, and without any limitation to the generality of the foregoing, you may not open, use, or have access to any First Kudi Account if:

you are in or under the control of, or resident of, any country subject to United States embargo, UN sanctions, the HM Treasury financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime; or
you intend to supply any acquired or stored cryptocurrency, or transact with people or businesses operating in any country subject to United States embargo or HM Treasury’s financial sanctions regime, or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.

You must not use your First Kudi Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):

violation of any laws, statutes, ordinance or regulations;

undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;

abusive activity, including but not limited to: imposing an unreasonable or disproportionately large load on First Kudi’s infrastructure, or otherwise taking any action that may negatively affect the performance of the First Kudi Site or First Kudi’s reputation;

attempting to gain unauthorised access to the First Kudi Site or any First Kudi Account;

transmitting or uploading any material to the First Kudi Site that contains viruses, Trojan horses, worms, or any other harmful programmes; or

transferring your First Kudi Account access or rights to your First Kudi Account to a third party, unless as required by law or with First Kudi’s prior consent;

paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes;

fraudulent activity, including but not limited to taking any actions that defraud First Kudi or a First Kudi customer, or the provision of any false, inaccurate, or misleading information to First Kudi;

transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime;

transactions involving TOR markets, online gambling sites or mixers;
sale or purchase of narcotics or controlled substances; and/or intellectual property infringement.

By opening a First Kudi Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.

a. Activities subject to the prior written approval of First Kudi.
Unless you have obtained the prior written approval of First Kudi, you accept and agree that you will not use your First Kudi Account to conduct or operate any of the following business activities or categories of activity:

money services, including but not limited to money or cryptocurrency transmission, currency or cryptocurrency exchange or dealing, payment service providers, e-money or any other financial services business; gambling or gaming services; charitable or religious / spiritual organisations; consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending; investment funds, asset management, or brokerage services.

We reserve the right to restrict, suspend or terminate your First Kudi Account if we suspect, in our sole discretion, that you are using, or have used, your First Kudi Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of First Kudi.

The First Kudi Site, your First Kudi Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and First Kudi expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the First Kudi Site, your First Kudi Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.

Some jurisdictions do not allow the disclaimer of implied terms in consumer contracts, so some or all of the disclaimers in this section may not apply to you.

In no event shall First Kudi, its operating entities, partners, or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the First Kudi Site and/or your First Kudi Account, including without limitation any damages caused by or resulting from any reliance upon any information received from First Kudi, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to First Kudi’s records, programmes or services.

In no event will any liability of First Kudi, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the First Kudi Site or your First Kudi Account, exceed (in aggregate) the fees earned by First Kudi in connection with your use of your First Kudi Account in the six month period immediately preceding the event giving rise to the claim for liability.

The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.

To the maximum extent permitted by law, you agree to indemnify First Kudi, its operating entities or any other affiliates (including their respective directors, members, employees or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to the First Kudi Site and/or your First Kudi Account, or from your violation of these Terms.

You and we agree to notify the other party in writing of any claim or dispute that arises in relation to the First Kudi Site, your First Kudi Account or these Terms, within 30 days of such claim or dispute arising. You and we further agree to attempt informal resolution of any Dispute prior to bringing a claim in any court or other body.

a. Governing law and jurisdiction. This agreement shall be governed by and construed in accordance with Estonian law, subject to any local mandatory rights you may have. You and we agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof (together, Disputes), to the non-exclusive jurisdiction of the courts of Estonia.

b. Class or representative action waiver. To the maximum extent permissible by law, you and First Kudi each agree that each may bring any Dispute against the other only in your or its individual capacity, and you and it waive any right to commence or participate in any class action or other representative action or proceeding against the other. Further, where permissible by law, unless both you and First Kudi agree otherwise, no court may consolidate any other person’s claim(s) with your Dispute, and may not otherwise preside over any form of representative or class proceeding.

For the avoidance of doubt, if this Class or representative action waiver is found by any court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Disputes clause shall remain valid and enforceable.

a. Entire agreement. These Terms constitute the entire agreement and understanding between you and First Kudi with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and First Kudi (including but not limited to any prior versions of these Terms).

b. Severability. If any provision of these Terms, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected and everything else in these Terms will continue in full force and effect.

In the event any provision or part thereof of these Terms is determined to be illegal, invalid or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, given the content and purpose of these Terms.

c. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without First Kudi’s prior written approval. You give First Kudi your approval to assign or transfer these Terms in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of First Kudi’s equity, business or assets; or (iii) a successor by merger.

Change of control. In the event that First Kudi is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

d. Force Majeure. First Kudi shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.

e. Survival. All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your First Kudi Account, use of the First Kudi Site, disputes with First Kudi and general provisions, shall survive the termination of these Terms.

f. Headings. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.

g. KYC/AML
First Kudi is committed to implementing and maintaining the highest standards of Know Your Customer (KYC) and Anti Money Laundering (AML) compliance and requires management and employees to adhere to these standards to prevent abuse of First Kudi products and services for money laundering and terrorist financing purposes.

In pursuing its commitment to assist in the detection, prevention, and reporting of money laundering activities, First Kudi shall be guided by the following principles:

First Kudi shall implement a risk based approach to assessing and implementing AML and KYC procedures.

First Kudi shall know its customers by obtaining satisfactory evidence of their identity and having effective procedures to verify the authenticity of the information furnished by new customers.

First Kudi shall ensure that its business is conducted in conformity with high ethical standards, that laws and regulations are adhered to, and that service is not provided where there is good reason to believe that transactions are associated with money laundering activities.

Subject to the legal constraints relating to customer confidentiality, First Kudi shall cooperate fully with law enforcement agencies by, among others, taking appropriate measures allowed by law if there are reasonable grounds for suspecting money laundering.

First Kudi shall adopt policies consistent with the principles set out in this policy, and ensure that its staff, wherever located, are informed of these policies and adequately trained in matters covered herein.

First Kudi shall implement specific procedures for customer identification, record keeping and retention of transaction documents and reporting of covered and suspicious transactions.

e. Cryptocurrency and Blockchain Risks
Cryptocurrencies are new technologies that often work differently to your prior experience. They entail various risks that you should understand. We have highlighted some of those risks below.

Bitcoin and Ethereum transactions are irreversible. If you send Bitcoin or Ether (BTC or ETH) to an incorrect address, or send the wrong amount of BTC or ETH, you cannot get it back. First Kudi will not be liable for executing a transaction if the instruction relates to an incorrect BTC or ETH address.

Before buying or selling BTC or ETH, you should educate yourself about cryptocurrencies. Buying and selling BTC or ETH entails risks and could result in a complete loss of your funds. Please ensure that you fully understand the risks involved and do not invest money that you cannot afford to lose.

Bitcoin and Ethereum are not backed by any entity. Neither First Kudi nor anyone else has an obligation to buy back your BTC or ETH in the future. Additionally it is very important to understand the following risks:

BTC, ETH and other similar digital assets are not legal tender and are not backed by any government. Accounts and value balances are not subject to any government backed deposit insurance or any other government protections;
Legislative and regulatory changes or actions at state or international level may adversely affect the use, transfer, exchange, and value of BTC and ETH;
Transactions in BTC and ETH are generally irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
BTC and ETH transactions shall be deemed to be made when recorded on a “blockchain” ledger, which is not necessarily the date or time that you initiate the transaction; BTC and ETH are derived from the continued willingness of market participants to exchange local currency for BTC and ETH, which may result in the potential for permanent and total loss of value, should the market for BTC or ETH disappear; there is no assurance that a person who accepts BTC or ETH as payment today will continue to do so in the future; the volatility and unpredictability of the price of BTC and ETH relative to local currency may result in significant loss, or tax liability, over a short period of time; the nature of cryptocurrency may lead to an increased risk of fraud or cyber attack;
The nature of cryptocurrency means that any technological difficulties experienced by a service provider may prevent access to or use of your BTC or ETH.

Are you ready to experience financial freedom?
Get started with First Kudi today!

Are you ready to experience financial freedom?
Get started with First Kudi today!