Terms of Services

Karmika Foundation is a non-profit, non-political, and non-religious organization with its headquarter at 3 Smart John’s Plaza, Queen’s Highway, Deadman’s Caythe, Bahamas. The Foundation's mission involves collective efforts from partners, members, activists, and entities engaged in various initiatives aimed at improving living conditions on planet Earth. These initiatives encompass improving air quality, addressing the climate emergency, combating poverty, aiding children in crisis, supporting victims of war, providing economic assistance to the less fortunate, ocean plastic cleanup, protecting vulnerable populations, assisting women, responding to health emergencies, aiding victims of natural disasters, and any cause contributing to a better future. Karmika Foundation raises funds and allocates them to entities, activists, individuals, companies, and any legal entity operational in one or more causes outlined in the Foundation's charter.

1. RIGHTS AND OBLIGATIONS

1.1 - Agreement Between You and Karmika Foundation

These terms of service (the "Terms") constitute a legally binding agreement between you and Karmika Foundation regarding your use of the Karmika App.


1.2 - Scope of These Terms

These Terms govern not only your interactions with the Karmika App but also extend to your use of websites owned or operated by Karmika Foundation ("Sites"). Additionally, these Terms cover your engagement with custodian services offered within the App by a third party ("Wallet"). It's important to recognize that the use of any functionality within the Karmika App, including but not limited to all its features, must adhere to these terms. Services include (but are not limited to): logging in and signing up on the platform, posting video, photo, and text content, sharing your personal data as governed by privacy & policy, participating in surveys, sending and receiving emails and newsletters, and any other available services on the platform are subject to these Terms and Conditions. Use of the Karmika App implies acceptance of all the points in these Terms and Conditions.


1.3 - Acceptance of Terms and Legal Capacity

By accessing and/or using the Services, you confirm that you have thoroughly read, understood, and accepted all the following Terms. By using the Services, you also acknowledge your legal obligation to be bound by these Terms in their most recent version. Furthermore, you represent and warrant that:

  • (i) You have the legal capacity to enter into a binding agreement.

  • (ii) If you lack the legal capacity, you are at least 16 (sixteen) years old, and your parents or legal guardians have provided consent.

  • (iii) If you represent a corporation, governmental organization, or another legal entity, you have the rights, authority, and capacity to enter into these Terms on behalf of that entity and legally bind it to these Terms.


1.4 - Acceptance of Terms and Usage of Services

Your access and use of the Services are contingent upon your unequivocal acceptance of these "Terms and Conditions." By utilizing the Karmika App, you signify your commitment to abide by these terms. Karmika Foundation reserves the right to amend these "Terms and Conditions." Such modifications will become effective 14 (fourteen) days after their publication on the App or Sites, with the exception of changes necessitated by new features or legal mandates, which will take immediate effect. If you disagree with the altered terms, you are obligated to discontinue your use of the Services. It is your responsibility to stay informed about any changes in the terms governing your use of the Karmika App.


1.5 - Amendment of Terms

Karmika Foundation reserves the right to make modifications to these Terms at any time. These amendments will become effective 14 (fourteen) days after the revised terms and conditions have been posted on the App or Sites, except for amendments related to new features or changes mandated by legal reasons, which will become effective immediately. Should you disagree with these modified terms, it is advisable to cease your use of the Services.



2. UTILIZATION OF SERVICES

2.1 - Legal Guidance and Platform Use

The services provided by Karmika Foundation are exclusively designed for end-users and consumers and should not be used as a substitute for professional legal advice. Karmika Foundation may facilitate connections between donors and charities (regardless of whether they are recognized charities, activists, individuals, companies, or other entities) related to its philanthropic activities. Users are strongly advised to conduct research and obtain necessary permissions in accordance with the legislation of their country of residence before engaging in activities on the platform. If users have not previously obtained legal advice or specific authorization for their country of residence and tax jurisdiction, they should refrain from using the platform for donation or recipient purposes. In such cases, the platform may be used solely for informational and entertainment purposes.


2.2 - Service Requirements

To access specific services, users must either log in via the designated authentication method or create an account. Users must also possess a compatible device, such as a desktop, tablet, or mobile phone, and an internet connection, which constitute the fundamental technical prerequisites for engaging with the services.


2.3 - Account Security and Responsibility

Users are required to maintain the confidentiality of their account access information and refrain from sharing it with any third party. In the event of unauthorized access to their account, users are obligated to promptly notify Karmika Foundation. As the services involve philanthropic contributions, users are fully responsible for all activities conducted under their account, regardless of their awareness of said activities. This emphasizes the critical importance of account security.


2.4 - Account Termination and Survival of Terms

Users have the option to terminate their account at any time. However, specific provisions of the "Terms and Conditions" will persist even after account termination or discontinuation of services. These enduring provisions include areas such as Intellectual Property, Content & Content Rights, Karma Credits (if applicable), Limit of Use & Prohibited Conduct, Data Protection, Termination, Limitation of Liability, Indemnification, and Miscellaneous. Thus, particular terms and obligations remain applicable subsequent to account closure.


2.5 - Age and Consent

Only individuals of legal age or those above 16 (sixteen) years old, with consent from their parents or legal guardians, are permitted to participate in the services. By engaging with a service, users affirm that they fulfill the age and legal capacity prerequisites, or, in the case of minors, are above 16 years old and possess parental or legal guardian consent. Karmika Foundation retains the right to request written proof of a user's age or the written consent of a parent or legal guardian at any juncture. If a user is a minor and employs the service after reaching legal age, any agreements made while they were a minor are considered ratified unless the user revokes the ratification within two weeks of attaining legal age.


2.6 - Responsibility for Minor Users

Karmika Foundation disclaims responsibility for any activities conducted by minors, whether or not they possess parental or legal guardian permission. When a parent or legal guardian grants permission for their child to use the services, they concur with the terms and conditions related to their child's utilization of the services. This emphasizes the role and obligation of parents and legal guardians when authorizing their children to utilize the platform.



3. INTELLECTUAL PROPERTY

3.1 - Protection of Karmika Foundation's Property

By accessing the Services, you acknowledge and agree that the intellectual property rights of the Services belong to Karmika Foundation, its licensors, or its sub-licensors. These intellectual properties are protected by both national and international laws, including copyright, trademark, and other legal frameworks. Unauthorized actions, including but not limited to dissemination, copying, deletion, or other infringements upon the intellectual property rights and copyrights of Karmika Foundation, are subject to penalties under both civil and criminal law.


3.2 - Limited License

Subject to your adherence to the "Terms and Conditions," Karmika Foundation grants you a limited, non-exclusive, non-transferable, non-sublicensable license. This license allows you to download and use the Services and/or install a copy of the App on a mobile device. This copy of the App is intended for personal non-commercial use only and may not be utilized for commercial or profit-generating activities. Certain restrictions apply, and, unless explicitly permitted in these "Terms and Conditions" or under applicable law, you may not:

  • (i) Copy, modify, or create derivative works based on the Services.

  • (ii) Distribute, transfer, sublicense, lease, lend, or rent the Services to any third party.

  • (iii) Reverse engineer, decompile, or disassemble the Services.

  • (iv) Make the functionality of the Services available to multiple users through any means. Karmika Foundation retains all rights in and to the Services that are not explicitly granted to you under these "Terms and Conditions."


3.3 - Trademark Rights

You acknowledge and agree that the trademarks, service marks, logos, and graphics associated with "Karmika App” and “Karmika Foundation," including its trademark, service mark, logo, and graphics, are registered trademarks or trademarks exclusively owned by Karmika Foundation. These elements are protected under intellectual property laws and unequivocally belong to Karmika Foundation.



4. CONTENT & CONTENT RIGHTS

4.1 - License for Content

Karmika Foundation grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download, view, display, and utilize the Content. This license is extended to you on the condition that you adhere to the "Terms and Conditions." The term "Content" encompasses a wide array of materials, including text, smart contracts, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship, and information made available through the Services. This also incorporates "User Content," which pertains to any content provided by a user for utilization on the platform.

4.2 - Ownership of Content and User Content

Karmika Foundation does not assert ownership rights over User Content. Users retain the rights to use and exploit their User Content without constraint. Nevertheless, Karmika Foundation and its licensors maintain exclusive ownership of all rights, title, and interest in and to the general Content, inclusive of intellectual property rights. Users acknowledge that the Content is protected under national and international law, including copyright, trademark, and other legal frameworks. Users undertake not to alter or obscure any copyright, trademark, service mark, or other proprietary rights notices associated with the Content.


4.3 - License for User Content

By making User Content available through the Services, you grant Karmika Foundation a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual license. This license authorizes Karmika Foundation to use, copy, modify, create derivative works, publicly display, publicly perform, market, promote, and distribute your User Content. This license is granted in connection with the operation and provision of the Services and Content to you and other users, permitting Karmika Foundation to employ your User Content in various ways, including reproduction, broadcasting, promotion, and production of new products or services.


4.4 - Responsibility for User Content

You bear sole responsibility for all your User Content and represent and warrant that you either own it or possess all the requisite rights to grant the license rights under these "Terms and Conditions." Furthermore, you assert and guarantee that neither your User Content nor your use and provision of it will infringe upon any third party's intellectual property rights, rights of publicity or privacy, or contravene any applicable law or regulation. You also commit not to assert your moral rights, such as the right to be identified as the author of User Content, against Karmika Foundation or any third party designated by Karmika Foundation, to the extent permitted by applicable law.

5. WORKING OF THE SERVICES

5.1 - Overview of Karmika App

Karmika App serves as a platform that facilitates the connection between donors and various charitable entities, activists, individuals, companies, or any other recognized charitable entities participating in Karmika Foundation's philanthropic initiatives.

5.2 - Purpose and Usage

The primary purpose of Karmika App is to enable users to contribute to philanthropic causes and initiatives. Users can engage in activities such as making donations, supporting causes, and participating in the Karmika Program through the app.


5.3 - Eligibility and Legal Capacity

Users must comply with legal requirements to access and use the services provided by Karmika App. By using the app, users confirm that they have the legal capacity to enter into a binding agreement. In cases where users are below the legal age, they must be at least 16 years old and have obtained parental or legal guardian consent.


5.4 - Services and Functionalities

  • Karmika App offers various services and functionalities, including:

  • Logging in and signing up for the platform

  • Making donations

  • Supporting specific causes

  • Participating in the Karmika Program

  • Sharing personal achievements and contributions

  • Accessing real-time information about causes and objectives


5.5 - Acceptance of Terms and Conditions

Users must thoroughly read, comprehend, and accept the Terms and Conditions before accessing and using the services. By using the app, users legally commit to being bound by the most recent version of the Terms and Conditions.


5.6 - Modifications to Terms

Karmika Foundation reserves the right to make changes to the Terms and Conditions. Such modifications will become effective after a 14-day notice period, with immediate effect for changes related to new features or legal mandates. Users are responsible for staying informed about any changes.


5.7 - Donations and Karma Credits

Donations made through the app are automatically subject to the Karmika Program. Users earn Karma credits in real-time, contributing to their potential recognition and eligibility for receiving donations based on their acquired Karma credits.


5.8 - Privacy and Data Protection

Karmika App collects and processes user data in accordance with its Privacy Policy. Users are encouraged to review the Privacy Policy to understand how their information is handled.


5.9 - Mobile App Features

Karmika App provides a dashboard for users interested in making donations and increasing their Karma credits. The app is available for Apple and Android smartphones, offering continuous updates on causes and achievements.


5.10 - Non-Transferable Credits

Karma credits earned through the app are non-transferable, non-negotiable, and cannot be converted into any form of goods or services.


5.11 - Marketing Activities

Karmika Foundation may use marketing activities to encourage donations for causes. The app users are invited to promote Karmika respecting the guidelines and values of the foundation.


5.12 - Ethical Code and Code of Conduct

Users, donors, and activists are expected to adhere to a shared ethical code as outlined in the Terms and Conditions. Karmika Foundation reserves the right to terminate relationships with those who violate ethical standards.


5.13 - Technology and Algorithms

Karmika App employs proprietary algorithms to convert user engagement into Karma credits. Users are encouraged to use the technology responsibly to fund projects and causes that benefit the planet and its inhabitants.


5.14 - Annual Publication of Donations

Karmika Foundation autonomously manages the funds and publishes annual reports detailing all donations made. Users can access information about the distribution of funds.


5.15 - Legal Compliance

Users must comply with the legal and tax regulations of their respective countries. Karmika Foundation provides digital donation certificates accessible through the app for tax purposes.


5.16 - Minors' Access

Minors can access the app under parental supervision. Profiles are personal and non-transferable.


5.17 - Additional Documentation and AML

Karmika Foundation may request additional documentation, beyond standard KYC, if doubts arise about the source of funds. Users must comply with anti-money laundering (AML) regulations.


5.18- Cause Selection and Collaboration

Causes supported by Karmika are based on collaborations, partnerships, and objectively recognized merits. The Foundation reserves the right to immediately end relationships with beneficiaries, donors, or activists not adhering to ethical behavior.


5.19 - Code of Conduct

Users are encouraged to read and follow the Code of Conduct provided for additional guidelines.


5.20 - Copyright and Trademarks

Users are reminded of copyright and trademark regulations. Karmika Foundation's name and brand may be used for promotion within the provided guidelines.


5.21 - Third-Party Technologies

The app may incorporate third-party technologies, subject to the terms of specific providers. Users are advised to refer to those providers for relevant information.


These detailed provisions ensure a transparent and responsible use of Karmika App, aligning users with the Foundation's philanthropic mission and ethical standards.



6. WALLET SERVICES

6.1 - Connection via Metamask

You can connect through Metamask, a decentralized software developed by ConseSys Software Inc, a blockchain software company based in New York, USA. This connection allows you to access and interact with the blockchain. Please be aware that all transactions initiated or executed through the Wallet are irreversible and function in a completely decentralized manner. Once a transaction is recorded on the blockchain, it cannot be reversed or altered.

6.2 - Karmika Foundation Non-Involvement and Your Responsibility

We want to make it clear that Karmika Foundation holds no responsibility or liability for any misuse of Metamask. Karmika Foundation does not require access to your private key or seed phrase, and we will never ask for them. This means that you, as the user, are solely responsible for the safety and security of your wallet.

6.3 - No Guarantee of Transaction Confirmation

It's important for you to understand that we cannot guarantee the confirmation of any transaction on any blockchain network. We have no control over the operation or confirmation of transactions within blockchain networks.

6.4 - Your Representations and Warranties

By accessing and using Metamask, you represent and warrant that you:

  •   (i) Have a full understanding of digital assets, blockchain systems, and related services.

  •   (ii) Have a comprehensive understanding of the mechanics associated with digital asset use, including storage.

6.5 - Potential Future KYC and AML Requirements

In the future, if we integrate a Custodial wallet, you may be required to comply with KYC (Know Your Customer) and Anti Money Laundering (AML) laws and regulations, especially if you intend to store digital assets exceeding $1,000 in value.

We retain the right to block digital assets in your Wallet if you fail to comply with these KYC and AML obligations.

6.6 - Possible KYC Requirements

We acknowledge that the service currently operates in a decentralized on-chain mode. However, it's possible that in the future, both sellers and buyers may be required to undergo an adequate KYC (Know Your Customer) process.

We may request you to provide documentation to verify the information you've submitted. This documentation may include identification documents like an ID card or passport, utility bills, bank statements, or any official document issued by a governmental authority confirming your identity.

7. LIMITS OF USE & PROHIBITED CONDUCT

7.1 - Use of Services in Accordance with Terms

Users are expected to utilize the Services in accordance with the stipulated Terms. Automated use is prohibited, and the official Karmika App and Sites provided by Karmika Foundation should be the sole means of connecting to the Services. Creating, supporting, hosting, linking, or providing options that enable others to access the Services through unauthorized means is strictly prohibited.

7.2 - Limitation on Accounts and Devices

The use of multiple accounts or devices to engage with the Services is not permitted, and any attempt to reset the device identifier to circumvent this restriction is also strictly prohibited.

7.3 - Prohibition on Disruptive Actions

Users are prohibited from using any means, mechanisms, or software that may disrupt the functioning and processes of the Services. Actions that unreasonably or excessively overload Karmika Foundation's technical capacities are strictly forbidden. Explicitly, blocking, overwriting, or modifying the contents generated by Karmika Foundation without prior written consent is not allowed.

7.4 - Alteration of Service Elements

Adding elements to the Services or changing, deleting, or modifying any service elements without prior written consent from Karmika Foundation is strictly prohibited. Specifically, copying, removing, or utilizing graphic elements or attempting to decompile the source code of services is strictly prohibited.

7.5 - Prohibition on Malicious Practices

Users are prohibited from using any means that maliciously alter the service's performance or process, including the use of "bots," "hacks," "fake information," or "spiders." Promoting these practices to third parties is also prohibited. Intentionally exploiting third-party software or program errors for personal gain is not allowed.

7.6 - Cheating Prohibition

Cheating while using the Services is strictly against the rules. This includes actions that alter or interfere with the normal behavior or rules of a Service, such as unauthorized access, using multiple accounts, sharing accounts, falsifying a device's location, or selling or trading accounts.

7.7 - Safety and Legal Compliance

While using the Services, users are expected to be aware of their surroundings and interact safely. The Services must not be used to violate applicable laws, regulations, Event policies, or instructions outlined in these Terms. Encouraging or enabling others to do so is also prohibited.

7.8 - Content Submission Guidelines

Users should not make available any unlawful, inappropriate, or commercial Content. Submitting inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests, is strictly disallowed.

7.9 - Your Responsibility and Restrictions

Users are responsible for their conduct and User Content. Collection, storage, or sharing of personally identifiable information of other users without permission or extracting, scraping, or indexing the Services or Content is prohibited. Commercial use of the Services, including gathering in-App items or resources for sale outside the App, is prohibited. Unauthorized attempts to access the Services or Content and violations of applicable laws are strictly prohibited.

7.10 - Monitoring and Enforcement

While Karmika Foundation is not obligated to continuously monitor access to or usage of the Services, the Foundation reserves the right to do so to operate the Services, ensure compliance with these Terms, and meet legal requirements. Karmika Foundation can remove or disable access to any objectionable or violating Content at any time and may investigate violations and cooperate with law enforcement authorities to prosecute users who break the law.

7.11 - Disruption and Interference

Any attempt to disrupt or interfere with the Services, including undermining or manipulating the operation of Sites or Apps, is considered a breach of these Terms and may constitute a violation of criminal and civil laws.

7.12 - Verification of Information

Users are solely responsible for verifying the accuracy and authenticity of information provided during both the selling and buying processes. Karmika Foundation does not independently verify the information presented by users; therefore, it is the user's responsibility to ensure the correctness and reliability of the information shared on the platform.

7.13 - Karmika Foundation's Content Monitoring

Karmika Foundation does not undertake the verification of user-generated content for accuracy. Users should exercise due diligence and caution when relying on information provided by other users on the platform.

7.14 - Content Removal and Legal Action

Karmika Foundation reserves the right to remove any content reported by users as inaccurate or fraudulent. Legal action will be taken against individuals who misuse the platforms to disseminate false or deceptive information. Karmika Foundation is committed to maintaining the integrity and trustworthiness of its platforms by addressing such misconduct.

8. DISCLAIMER REGARDING INVESTMENT AND TOKEN OWNERSHIP

8.1 - Not an Investment Platform

Karmika App is explicitly not a platform for investments. The app is designed and developed to promote and incentivize charitable activities related to global causes aimed at the preservation of the planet and living beings.

All scenarios and content found on the app are geared towards supporting charitable initiatives and should not be considered as investment advice or opportunities.

Karmika Foundation does not provide financial or investment advice, nor does it endorse or solicit public investment, savings, or asset purchases.

Users are strongly discouraged from interpreting the app as a source of financial guidance or investment opportunities.

8.2 - No Association with Tokens

Karmika Foundation declares that it has no affiliations with any tokens, whether they exist on the blockchain or off-chain. While the app is compatible with various tokens, Karmika Foundation neither owns nor holds direct interests in any of them.

Users are advised to exercise vigilance and independently verify the tokens they intend to use in their transactions, recognizing that token values and characteristics can change over time.

8.3 - Verify Information Before Purchase

It is strongly recommended that users engage in comprehensive research and validation of all information provided by sellers before making any charitable contributions through the app.

Karmika Foundation disclaims any responsibility for the accuracy or authenticity of charitable activities, their execution, or any claims made by organizers.

Users are instructed to autonomously assess the legitimacy and suitability of any charitable transaction they contemplate.

8.4 - No Responsibility for Charitable Content

Karmika Foundation explicitly disowns any responsibility for the content associated with charitable activities on the app. Users are alerted that engaging with charitable activities is at their own risk, and Karmika Foundation bears no responsibility for the quality, legality, or execution of these initiatives.

8.5 - Decentralized Participation

Users who choose to engage in the functions provided by the app do so voluntarily and in a decentralized manner. Karmika Foundation neither endorses nor encourages users to perceive the app as a vehicle for financial investment. Users are reminded that their interaction with the app is at their own discretion, and Karmika Foundation does not advocate for the app as an investment opportunity.

8.6 - Affiliate Marketing Disclaimer

Karmika Foundation may offer an affiliate marketing model on the app, but it is essential to understand that this marketing activity is solely intended for user-initiated self-marketing. Any affiliate marketing endeavors are executed in a decentralized manner, with no involvement or control by third parties or Karmika Foundation.

Karmika Foundation explicitly disclaims any responsibility for any misuse or improper utilization of the app for affiliate marketing activities.

It is crucial to acknowledge that Karmika Foundation does not exercise any control over such affiliate marketing activities or their outcomes.

8.7 - Financial Disclaimer

The information provided on the app and related documentation is for informational and educational purposes only. The numerical representations presented are simulations and should not be construed as financial advice, investment recommendations, or guarantees of future outcomes.

Engaging in charitable activities carries inherent risks, and users are advised to conduct thorough research and consult relevant parties before making any contributions through the app.

Charitable activities and related technologies on the app should be used exclusively for supporting causes and making charitable contributions and should not be regarded or used as financial instruments or investments.

Users should be aware of the inherent risks associated with charitable contributions, and therefore, participants should act with caution and responsibility.

In no event shall the authors or providers of this information be held responsible for any losses or damages resulting from the use or interpretation of such information. It is advisable to consult with relevant professionals before engaging in any charitable activities.

9. SERVICE LIMITATIONS AND MODIFICATIONS

9.1 - Service Availability

Karmika Foundation is dedicated to maintaining the operational status of its services and platforms to the best of its abilities. The primary goal is to offer you a consistent and reliable experience. However, it's important to note that technical challenges or scheduled maintenance may, on occasion, lead to temporary service interruptions. These interruptions are generally short-lived and typically resolved as quickly as possible.

9.2 - Modification of Services

In certain circumstances, Karmika Foundation may find it necessary to make adjustments or improvements to the services it provides. These modifications can encompass both temporary changes and permanent alterations. Such modifications may impact the functions and features offered within the services. Karmika Foundation reserves the right to enact these changes periodically and at its discretion. Importantly, these adjustments can occur with or without prior notice to you.

9.3 - Impact on Users

It's essential for you to understand that Karmika Foundation will not be held liable for any interruptions, temporary or permanent modifications, or discontinuations of the services or their respective functions or features. You are encouraged to remain informed about service updates and to adapt to any alterations as necessary. Karmika Foundation's primary aim is to enhance the overall user experience, and any modifications are executed with this goal in mind.

10. FUND DISTRIBUTION

10.1 - Algorithmic Distribution Process

Karmika Foundation employs proprietary algorithms to orchestrate the distribution of funds collected. These algorithms intricately translate the commitments made by partners and activists into a quantifiable metric known as "Karma credits." This metric serves as the basis for determining the allocation of funds.

10.2 - Karma Credits: A Metric of Recognition

The Karma credits, derived from the algorithmic assessment, represent a form of potential economic recognition. This recognition is exclusively based on the principles of meritocracy and the demonstrated commitment of partners and activists. It is important to note that Karma credits are not a guarantee of economic benefits but rather an acknowledgment of the commitment displayed.

10.3 - Types of Commitments

Commitments contributing to the accumulation of Karma credits can take various forms. These include operational commitments, such as active involvement in charitable activities, and economic commitments, represented by financial donations towards a specific cause.

10.4 - Economic Recognition

Donors, through their commitments, earn Karma credits that hold the potential for conversion into economic recognition. This economic recognition is contingent on the meritocratic evaluation of the commitment demonstrated by the donor. It is essential to understand that donors do not acquire a direct right to a monetary donation; instead, they gain the opportunity for economic recognition through the Karma credit system.

10.5 - Donor's Relationship with the Foundation

The relationship established between a donor and Karmika Foundation is explicitly confined to the act of donation. Donors engage with the Foundation by contributing to causes they resonate with, earning Karma credits in return. This relationship is not a contractual arrangement for guaranteed economic benefits but a commitment-based association focused on fostering charitable endeavors.

11. KARMA CREDIT DETAILS

11.1 - Non-Transferable Nature

Karma credits, once earned, possess a non-transferable attribute. This implies that the credits are specific to the individual or entity that has accumulated them and cannot be transferred to any other party.

11.2 - Non-Redeemable Characteristic

The non-redeemable nature of Karma credits denotes that these credits cannot be exchanged for goods, services, or any tangible assets. They serve a distinct purpose within the Karmika Foundation's framework and do not hold redeemable value.

11.3 - Non-Convertible Status

Karma credits, in their essence, are non-convertible into any other form, currency, or asset. Their value is inherent to the recognition system established by Karmika Foundation and does not extend to conversion into other financial instruments.

11.4 - No Expiry Date

Karma credits do not come with an expiration date. Once earned, they remain valid indefinitely within the framework of the Karmika Foundation's recognition system, allowing for the acknowledgment of sustained commitment over time.

11.5 - Absence of Credit Rights

The possession of Karma credits does not confer any inherent right to further credits or additional recognition. Each instance of recognition is contingent on the individual merit and commitment demonstrated by the respective donor.

11.6 - No Economic Obligation

Karma credits do not imply any form of economic obligation from Karmika Foundation or other donors. They represent a system of acknowledgment and recognition rather than a commitment to financial benefits or obligations.

11.7 - Independent Fund Management

Karmika Foundation autonomously manages the funds collected through its platform. The Foundation is committed to transparency and annually publishes detailed records of all donations made. This practice ensures accountability and allows the community to track the allocation of funds towards various charitable causes.

12. DONATION METHODS

12.1 - Spontaneous Donations

Karmika Foundation facilitates the collection of funds through spontaneous donations. Users have the flexibility to contribute to charitable causes without a predetermined schedule or formal commitment.

12.2 - Tools for Donations

The Foundation accepts donations through various tools and channels, including but not limited to:   

Bank Transfers: Users can make donations through traditional bank transfer methods, providing a convenient option for those accustomed to conventional banking systems.

Blockchain Transfers: The utilization of blockchain technology allows users to contribute through secure and transparent transactions on the blockchain, ensuring accountability and traceability.

Website Transactions: The Foundation's official website serves as a platform for users to make online transactions, offering a user-friendly interface for seamless and secure donations.

Event-Based Collections: In certain instances, donations are collected during specific events organized by Karmika Foundation, providing a focused opportunity for contributors to support causes.

Karmika Mobile App: Available on both Apple and Google Play stores, the mobile app serves as a versatile tool for users to make donations. The app also functions as an informative dashboard, providing continuous updates on causes, achieved goals, and individual Karma credit progress.

12.3 - Information Accessibility

The Karmika mobile app ensures continuous access to information related to charitable causes and the progress of achieved goals. Users can leverage the app as a comprehensive dashboard, gaining insights into ongoing initiatives and making informed decisions about their contributions to increase their Karma credit.

13. RESPONSIBILITIES AND DISCLAIMERS

13.1 - Digital Donation Certificate

Karmika Foundation acknowledges the commitment of donors by providing a digital donation certificate. This certificate is made available for download directly from the Karmika App, serving as a token of appreciation for contributors.

13.2 - Access for Minors

Access to the Karmika App is restricted for minors, and they may only use the app under parental supervision. This measure ensures a safe and controlled environment for younger users, aligning with responsible digital practices.

13.3 - Marketing Activities

Karmika Foundation reserves the right to engage in marketing activities to encourage donations. These efforts may include promotional campaigns and communications aimed at fostering awareness and participation in charitable causes.

13.4 - Goal Commitment

While Karmika Foundation is dedicated to reaching the goals established for causes, it is important to note that the Foundation is not obligated to meet these goals precisely. The Foundation may exceed or fall below the initial targets, and this flexibility allows for adaptive responses to evolving circumstances.

13.5 - Accountability for Unethical Activities

Karmika Foundation explicitly disclaims responsibility for any unethical activities carried out by partners, donors, or activists. The Foundation acts as a facilitator for positive change and does not assume liability for the actions of individual contributors.

13.6 - Technological Contribution

The Foundation extends its technology and algorithms to users with the overarching objective of funding projects that contribute to the well-being of the planet. The utilization of technology aligns with the Foundation's mission to leverage innovation for impactful and sustainable change.

13.7 - Legal Disclaimers

These terms encompass legal disclaimers pertaining to various aspects, including but not limited to:   

  •    Fund Usage

  •    Copyright and Trademark Use

  •    Integration of Third-Party Technologies within the App

  •    Guidelines for Promoting Karmika, emphasizing alignment with the Foundation's core values and principles.

14. DATA PROTECTION

14.1 - Data Collection and Processing

In order to effectively provide the services of Karmika App, Karmika Foundation may find it necessary to collect, store, and process your personal data and/or information. This data may include various details relevant to your use of the platform, and it's crucial to understand why Karmika Foundation may require this data for the functionality of the app.

14.2 - Acknowledgment of Privacy Policy

A fundamental aspect of this chapter involves your acknowledgment and agreement regarding Karmika Foundation's Privacy Policy. By accessing and using Karmika App, it is assumed that you have read, comprehended, and consented to the terms outlined in Karmika Foundation's Privacy Policy. It is strongly recommended to familiarize yourself with the specifics of this policy, as it provides clarity on the purpose and manner in which your data is handled, along with the measures in place to safeguard it.

14.3 - Data Use in Accordance with Privacy Policy

This section emphasizes that Karmika Foundation is dedicated to using your data and information in alignment with the principles outlined in its Privacy Policy. The Privacy Policy serves as a comprehensive document that details the scope and manner in which data is managed, providing assurance that your information is utilized consistently with your consent.

15. TERMINATION

15.1 - Duration of Agreements

This section specifies that the agreements established between you and Karmika Foundation, which include these Terms, are typically ongoing without a predefined end date. This is the default arrangement unless both parties explicitly agree otherwise in writing. In essence, this means that these Terms remain in effect as long as you continue to use Karmika App.

15.2 - Termination by Karmika Foundation

Karmika Foundation holds the authority to terminate these Terms or suspend your access to Karmika App or your account at its discretion. Termination may occur for various reasons, including but not limited to the misuse of the app or a breach of these Terms by you. This clause conveys that Karmika Foundation maintains the right to discontinue your access if your actions are in violation of the agreed-upon Terms or the appropriate use of the platform.

16. LIMITATION OF LIABILITY

16.1 - Exclusion of Liability for Various Damages

In no event shall Karmika Foundation, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including, without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of Karmika App. This exclusion of liability applies whether such claims arise in an action of contract, tort, or otherwise, and it applies irrespective of whether such damages were foreseeable, and regardless of whether or not Karmika Foundation was advised of the possibility of such damages.

16.2 - Examples of Uncovered Losses

Without limiting the generality of the foregoing, Karmika Foundation takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of Karmika App, including, without limitation, to any of the following:

  • (i) Technical failure, malfunction, or shutdown;

  • (ii) Server failure, hacks, or unavailability;

  • (iii) Data loss;

  • (iv) Stolen, lost, or unauthorized use of your means of authentication;

  • (v) Errors calculating network fees;

  • (vi) Corrupted data on Karmika Foundation’s servers;

  • (vii) Failure to update or provide correct information;

  • (viii) “Phishing” or other websites masquerading as Karmika App;

  • (ix) Delays, interruption, or loss of services;

  • (x) Loss of business or goodwill.

16.3 - Third-Party Services

Karmika App supports or is integrated with third-party services. Karmika Foundation takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.

16.4 - Services Provided "As Is" and User Responsibilities

Karmika App is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Karmika Foundation disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. You assume all risks relating to your online or offline communications and interactions with other users of Karmika App and with other persons with whom you communicate or interact as a result of your use of Karmika App. You understand that Karmika Foundation does not screen or inquire into the background of any users of Karmika App. Karmika Foundation makes no representations or warranties as to the conduct of users of Karmika App. You agree to take reasonable precautions in all communications and interactions with other users of Karmika App and with other persons with whom you communicate or interact as a result of your use of Karmika App, particularly if you decide to meet offline or in person.

16.5 - Maximum Liability Limit

In no event will the aggregate liability of Karmika Foundation, arising out of or related to these Terms and/or Karmika App, exceed the amount of USD 10 (ten dollars).

17. ENTIRE AGREEMENT

17.1 - Integral Part

These Terms constitute all the terms and conditions agreed upon between you and Karmika Foundation and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

17.2 - Severability and Waive*

In the event that any provision of these Terms is deemed partially or entirely invalid or unenforceable, such invalidity or unenforceability shall not in any way affect or render other provisions of these Terms invalid or unenforceable. The application of the invalidated provision shall be enforced to the extent allowed by applicable laws. Additionally, the failure of Karmika Foundation to exercise or enforce any rights or provisions in these Terms shall not be construed as a waiver of Karmika Foundation’s right to do so.

17.3 - Assignment

Karmika Foundation retains the right to assign these Terms and delegate its obligations under these Terms, either in full or in part. However, you are not permitted to assign these Terms, any portion of them, or transfer or sub-license your rights under these Terms to any third party.

17.4 - No Partnership:

This Agreement shall not be interpreted or construed to establish a principal and agent, partnership, or joint venture relationship between you and Karmika Foundation.

17.5 - Force Majeure

Karmika Foundation shall not be considered in breach of these Terms to the extent that the performance of its obligations is delayed or prevented due to external forces, including but not limited to, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disasters, acts of government, or any other cause beyond Karmika Foundation's reasonable control.

17.6 - Governing Law and Jurisdiction

These Terms and your use of Karmika App shall be governed by and construed in accordance with the laws of Bahamas, without regard to its conflict of law principles. You agree that any legal action, suit, or proceeding arising out of or relating to these Terms, including their interpretation, enforcement, validity, or breach, shall be subject to the exclusive jurisdiction of the Bahamas courts.

18. Venue

You agree that any legal proceedings related to these Terms or your use of the Karmika App shall be filed and litigated exclusively in the courts of Bahamas. You hereby consent to the jurisdiction and venue of the Bahamas courts and waive any objections based on improper venue or forum non-convenience.

18.1 - Language

The parties explicitly desire that these Terms and any associated documents are prepared in English. This is the express will of the parties, and in the event of translations into other languages found on the website and/or generated by translators and/or AI, legal reference is exclusively made to the English version.

18.2 - Exclusions

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically excluded from application to these Terms.

18.3 - Waiver of Jury Trial

You acknowledge and agree that any controversy which may arise under these Terms or from your use of the Karmika App is likely to involve complicated and difficult issues and, therefore, you irrevocably and unconditionally waive any right you may have to a trial by jury.

18.4 - No Admissions

The inclusion of this chapter on governing law and jurisdiction does not constitute any admission or acknowledgment that Karmika Foundation is subject to the laws or jurisdiction of any specific country or jurisdiction other than Bahamas. The provisions of this chapter are solely for the purposes of specifying the governing law and jurisdiction applicable to the interpretation and enforcement of these Terms.

18.5 - No Class Proceedings

You are only allowed to pursue claims against Karmika Foundation on an individual basis, not as a plaintiff or member of a class action or representative proceeding. Your permitted remedies, including monetary, injunctive, and declaratory relief, are limited to individual actions.

18.6 - Time Bar

You acknowledge and agree that any claim or cause of action arising from or related to the Karmika App must be initiated within one year of its occurrence. After this period, any such claim or cause of action is permanently barred.

18.7 - General Contacts

Should you have any inquiries or require clarification regarding these Terms, please don't hesitate to contact us using the dedicated form on our website.

19. Documentation and Governance Links

This section provides links to our key governance and policy documents to ensure transparency and compliance. These documents outline our mission, board structure, foundational guidelines, charity rules, and amendment procedures.

19.1 - Declaration of Purposes

19.2 - Evidence of the Board Structure

19.3 - Foundation Charter

19.4 - Charity Rules

19.5 - Charity Rules Amendments

For further details or inquiries, please contact us at official@karmika.org or +1 242 397-6412.

Last update: July, 2024