WEBSITE TERMS OF USE

Last Updated Date: October 28, 2025

These Site Terms of Use (“Terms of Use” or “Terms”) form an agreement between you (“you” or “your”) and Kite Foundation (“Kite,” “we,” “us” or “our”) and govern your use of https://kite.foundation/ and any other website owned or operated by Kite that directly links to these terms (the “Site”) and all features, content, functionality, and tools made available on or through the Site (collectively with the Site, the “Services”).

READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH THE SERVICES, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER SECTION 10 BELOW.

ACCEPTANCE

Please read these Terms carefully before you access and use the Services. BY ACCESSING AND USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. If you do not agree to these Terms, you must (i) not access or use the Services, or (ii) discontinue any access or use of the Services. Your failure to comply with the Terms may result in the suspension or termination of access to the Site and may subject you to civil and criminal penalties.

ADDITIONAL TERMS

Certain features or offerings made available through the Site, including your participation in any airdrop program, may require you to accept additional or supplemental terms and conditions specific to such features or offering (“Additional Terms”). Nothing herein is indented to supersede any Additional Terms that may be applicable to you. In the event of a conflict between the Additional Terms and these Terms, the Additional Terms shall control, but solely with respect to the subject matter specific to those Additional Terms.

CHANGES TO THE TERMS

Kite reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “Last Updated Date”. If we choose to amend the Terms, we will update the “Last Updated Date” at the top of the Terms and post the updated version. By continuing to use the Site after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms. You are expected to check this page, so you are aware of any changes, as they are binding on you. If there are material changes to these Terms, we may also reserve the right to provide notice of said changes in other alternative manners, such as posting said changes to the Sites and/or communicating said changes via e-mail or other communication channels.

ACCESS AND CHANGES TO THE WEBSITE

Subject to your compliance with the Terms, Kite grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and use the Site for your own personal or internal business use only, and not for resale or third-party distribution. In order to use the Site, you must have internet access, otherwise, you will not be able to use some or all of the Site.

Kite reserves the right, in its sole discretion, to modify or discontinue offering the Site, or to impose limits on your use of the Site, or any features, functionality, or tools thereof, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that Kite has no obligation to provide any updates or to continue to provide or enable any particular Site features, functionality, tools, or content and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance, or deletions. The Site is controlled and operated within the United States and is not intended for use outside of the United States.

COOKIES

Our website incorporates the use of third-party technologies, including cookies and other tracking technologies to enhance user experience and to analyze performance and traffic on our Site (“Cookies”). Cookies and related information collected about your use of our Site may be shared with our social media, advertising, and analytics partners. For more information about our use of Cookies and how we may share information with third parties, please see our Privacy Policy (discussed below).

USER CONDUCT GUIDELINES

You are not authorized to access or use the Site if you are under 18; if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or for any other purposes that are not expressly permitted by the Terms or which violate applicable law.

Further, you may not:

· copy, distribute, share, publish, use or store, or prepare derivative works from any content on the Site covered by any copyrights, trademark, patent, or other intellectual property right belonging to Kite or a third party, except with prior express permission of Kite or entity party holding the rights to license such use;

· access, search, collect information from, or otherwise interact with the Site by “scraping,” “crawling” or “spidering” the Site;

· use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, Kite’s name, any Kite trademark, logo or other proprietary information;

· interfere with, disrupt, damage or compromise the Site or our systems or the access of any user, host or network in any way;

· attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Site;

· otherwise abuse the Site or breach the Terms; or

· attempt to do any of the foregoing, or advocate, encourage, or assist any third party in doing any of the foregoing.

Kite reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Site by any user.

INTELLECTUAL PROPERTY OWNERSHIP

The Site is protected by copyright, trademark, patent, and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the Site, and all intellectual property rights therein, are the exclusive property of Kite and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Site, and you may not use the trade names, logos, and other trademarks and service marks associated with Kite without our prior written consent.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of, the Site in any form or by any means, or sublicense the rights granted in the Terms.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kite or its licensors, except for the revocable licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved to Kite and its licensors.

If you choose to provide feedback, comments, ideas, or suggestions for improvements, enhancements, and modifications to the Site (“Feedback”), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Kite. You hereby irrevocably transfer and assign to Kite all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.

NO ENDORSEMENTS

The Site may provide links to third-party websites, resources or services. Links to such websites, resources, or services do not imply any endorsement by Kite of such websites, resources, or services or the content, products, or services available on or through such websites, resources, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources, or services or the content, products, or services available on or through such websites or services. We are not responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products, or services available on or through such websites or services.

DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, KITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU HEREBY RELEASE KITE AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, KITE DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE. IN NO EVENT WILL KITE BE LIABLE FOR ANY (1) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (2) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KITE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, KITE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US $10).

To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Kite and its affiliates, licensors, and service providers harmless from and against any claims, liabilities, damages, losses, costs, and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the Site, your breach of the Terms, or your gross negligence or willful misconduct.

DISPUTE RESOLUTION

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS AND DETERMINES HOW CLAIMS YOU AND KITE HAVE AGAINST EACH OTHER ARE RESOLVED.

a. Disputes

The terms of this Section shall apply to all Disputes between you and Kite. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy, or action between you and Kite arising under or relating to these Terms or the Site whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND KITE AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION RELATED TO (1) TRADE SECRET MISAPPROPRIATION, (2) PATENT INFRINGEMENT, (3) COPYRIGHT INFRINGEMENT OR MISUSE, (4) TRADEMARK INFRINGEMENT OR DILUTION, OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF KITE.

b. Dispute Notice

In the event of a Dispute, you or Kite must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving such notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Kite must be addressed to [KITE Email Address].

c. Arbitration Procedure

Any Dispute shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the Cayman International Mediation and Arbitration Centre Ltd. (“CI-MAC”). The language of the arbitration shall be English. The seat of the arbitration shall be the Cayman Islands. The arbitration shall be conducted before a single arbitrator to be selected from the CI-MAC Panel of Arbitrators. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

d. Arbitration Fees

Each party shall bear its own legal fees and costs. Arbitration filing fees shall be allocated according to CI-MAC’s rules. Payment of all filing, administration, and arbitrator fees will be governed by the arbitration organization's rules.

e. Class Action Waiver

EXCEPT WHERE PROHIBITED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE ARBITRATION AGREEMENT IN THIS SECTION 11 MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

GOVERNING LAW

These Terms, and any Dispute or other claim, controversy, or matter arising out of or relating to these Terms, the Site, or the subject matter hereof, shall be governed by, and construed in accordance with, the laws of the Cayman Islands, without regard to any conflict of law principles that would result in the application of the laws of any other jurisdiction.

MISCELLANEOUS

These Terms constitute the entire and exclusive understanding and agreement between you and Kite regarding your access to and use of the Site and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Kite regarding the subject matter hereof.

You may not assign, transfer, delegate, subcontract, or sublicense any of your rights or obligations under the Terms. Any attempted assignment, transfer, delegation, subcontracting, or sublicense without the foregoing consent will be null and void.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination.

Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation, or breach.

If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

Complaints regarding the Site or requests to receive further information regarding use of the Site may be sent to operations@kite.foundation or https://kite.foundation/.

If you have any questions or concerns, please contact Kite at operations@kite.foundation.