Last Modified: January 23, 2022
KinectAir, Inc. (“We” or “KinectAir” ) exist to establish and operate an on-demand, regional, private air travel service. KinectAir plans to utilize cryptographically secure blockchain tools to disrupt the traditional way in which aircraft are booked and flown. Blockchain allows for more freedoms to the consumer that will unlock a more flexible way to fly for pilots, passengers and aircraft owners.
We are offering for sale three types of digital collectibles (each an “OpenAccess NFT”) on or about February 15, 2022: an “AdvancedAccess” NFT (“Advanced NFT”), a “PriorityAccess” NFT (“Priority NFT”), and a “FirstAccess NFT (“First NFT”). The purchase of each NFT is a transaction in goods and not a promise to provide, or a guarantee of receipt of, future services from KinectAir, although KinectAir will make reasonable efforts to ensure that the service comes into existence which allows you to unlock expanded functionality associated with the OpenAccess NFTs. Any flights or activity linked to these NFTs will be operated in accordance with FAA Part 135 “on-demand” charter regulations.
You understand and agree that the sale of OpenAccess NFTs grants you no rights and carries with it no guarantee of future performance of any kind by KinectAir, Inc. You are not entitled, as a holder of any OpenAccess NFT, to vote or receive dividends or profits or be deemed the holder of shares of KinectAir Inc. or any other person by virtue of your ownership of a OpenAccess NFT, nor will anything contained herein be construed to construe on you any of the rights of a shareholder, partner, joint venturer, etc. or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action or to receive notice of meetings, or to receive subscription rights to purchase such shares of KinectAir Inc. KinectAir Inc. may in future offer holders of OpenAccess NFTs the opportunity to participate in massively open online governance via DAO. You agree that the functionality of any DAO established by KinectAir will be determined by KinectAir in its sole and absolute discretion.
You understand that the development of KinectAir’s business is a significantly risky venture and you acknowledge and assume the risk that KinectAir may not be able to complete, substantially or in part, the creation of an air charter network any other aspect of its operations and furthermore that a significant proportion of the funds generated by the OpenAccess NFT drop are expected to be retained by KinectAir, Inc. for any lawful business purpose. Your purchase of an NFT could lead to the complete loss of your money, and no payments will be returned. OpenAccess NFTs will be created and delivered to any purchaser at the sole risk of the purchaser and on an “as-is” basis. Purchaser has not relied on any representations or warranties made by KinectAir Inc. or any other person outside of the context of these Terms of Sale, including but not limited to conversations of any kind, including but not limited to whether such statements are made through oral or electronic communication, or any White Paper, social media post or website.
The sale of the OpenAccess NFT is governed by, and these Terms of Sale will be construed in accordance with, New York law, without regard to conflict of laws principles. All disputes with KinectAir by you or your successors or assigns directly or indirectly arising under or in relation to these Terms of Sale or the NFTS shall be brought and resolved solely and exclusively in final and binding arbitration in the State of New York, in New York City, under the Rules of Arbitration of the American Arbitration Association.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND KINECTAIR ARE EACH WAIVING THE RIGHT TO A TRIAL BY A JUDGE OR A JURY IN A PUBLIC FORUM AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Without prejudice to any other provision of these Terms of Sale, you acknowledge and agree that, except in the case of KinectAir’s fraud or wilful default, and except as otherwise required by any non-waivable provision of applicable law, KinectAir Inc. shall not be liable in any manner whatsoever to you or any other person for losses or damages of any kind, whether arising in contract, tort, or otherwise, arising from the sale of OpenAccess NFTs to any person.
All purchases of any OpenAccess NFT are final and nonrefundable.
If you have any questions please contact KinectAir Inc. at email@example.com