KAYANA AID TERMS AND CONDITIONS

KAYANA AID

GLOBAL PLATFORM TERMS AND CONDITIONS

Effective Date: 19.10.2026

These Terms and Conditions ("Terms") govern access to and use of Kayana Aid (the "Platform"), operated by Kayana World Limited and the other Kayana entities listed in Schedule 1 (Kayana Group Entities) to these Terms, each operating under the "Kayana For Business" brand (collectively, "Kayana", "we", "us" or "our"). The Kayana entity that contracts with a particular User is the entity identified in Schedule 1 for that User's country of residence or registration; where no entity is listed for a User's country, Kayana World Limited contracts with that User.

The Platform provides technology, software, hardware integrations, verification tools, fundraising infrastructure, and related services that connect donors, supporters, causes, charities, non-profit organisations, community projects, and beneficiaries globally.

By accessing or using the Platform, Users agree to be bound by these Terms.

1. DEFINITIONS

"Cause" means any charity, non-profit organisation, grassroots initiative, emergency relief campaign, educational programme, food support programme, community project, beneficiary or fundraising activity listed on the Platform.

"Merchant" means any organisation, charity, foundation, trust, non-profit organisation, project owner, beneficiary organisation or fundraising entity registered on the Platform.

"Donor" means any person making a donation through the Platform.

"User" means any Donor, Merchant, or other person who accesses or uses the Platform, including in a browsing or unregistered capacity.

"PSP" means any payment service provider, payment gateway, acquiring bank, processor, electronic money institution or financial intermediary.

"Partner" means any third-party service provider engaged by Kayana.

"Vulnerable Individual" means any beneficiary, minor, or other individual depicted or referenced in Cause or campaign content who may require additional safeguarding protections.

"Business Day" means a day other than a Saturday, Sunday or public holiday in the jurisdiction of the Kayana entity a User has contracted with under Schedule 1.

"Chargeback Event" means any chargeback, reversal, retrieval request, card-scheme dispute, or similar reversal of a payment initiated by a card issuer, PSP, or Donor's bank.

"Fraud Event" means any fraudulent, unauthorised, or suspicious transaction, donation, campaign, or account activity, including identity theft, payment fraud, and fraudulent misrepresentation of a Cause.

2. NATURE OF THE PLATFORM

Kayana is solely a technology platform provider.

Kayana is not:

• a bank;

• a payment institution;

• an electronic money institution;

• a trustee;

• a fiduciary;

• a charity regulator;

• a financial adviser;

• a custodian of funds;

• an escrow provider.

All financial transactions are processed by independent PSPs.

Kayana does not guarantee the legitimacy, effectiveness, suitability or compliance of any Cause.

3. ELIGIBILITY

Users represent and warrant that they:

(a) are at least 18 years old;

(b) possess legal capacity;

(c) have the authority to bind any organisation they represent;

(d) comply with applicable laws;

(e) are not subject to sanctions restrictions.

Notwithstanding paragraph (a), a campaign may be run by or on behalf of a minor where it is registered and supervised by a parent, guardian, teacher, or other responsible adult who acts as the account holder and accepts these Terms on the minor's behalf, consistent with our Privacy Policy.

4. GLOBAL REGULATORY COMPLIANCE

Users shall comply with all applicable laws relating to:

• charitable fundraising;

• anti-money laundering;

• sanctions;

• anti-bribery;

• anti-corruption;

• consumer protection;

• privacy;

• taxation;

• financial crime prevention.

Users remain solely responsible for compliance in their own jurisdiction.

5. VERIFICATION

Kayana may conduct:

• KYC checks;

• KYB checks;

• sanctions screening;

• AML reviews;

• fraud assessments;

• document verification.

Verification does not constitute approval, endorsement, certification or guarantee.

Kayana applies enhanced due diligence to donations or transactions that are large, unusual, or otherwise flagged as higher-risk under its AML policies.

6. DONATIONS

All donations are voluntary. Donors may add an optional tip at checkout. The tip is chosen by the donor, is never required, and is paid to Kayana Aid. It is not paid to the charity.

Unless required by law:

• donations are non-refundable;

• donations are irrevocable;

• Kayana has no obligation to reimburse donors.

Kayana may reject or suspend donations at its discretion.

7. PAYMENT SERVICES

All payment services are provided by PSPs.

Kayana shall not be liable for:

• payment failures;

• delayed settlements;

• chargebacks;

• banking restrictions;

• PSP actions;

• foreign exchange losses;

• payment reversals.

8. FEES

Kayana may charge:

• platform fees;

• technology fees;

• administration fees;

• verification fees;

• service fees;

• hardware fees;

• international transfer fees.

Fees may be amended at any time.

Kayana will give Users reasonable advance notice of any material fee change before it takes effect.

9. TAXES

Users are solely responsible for:

• tax reporting;

• VAT;

• GST;

• sales taxes;

• withholding taxes;

• tax deductibility assessments.

Kayana provides no tax advice.

10. USER WARRANTIES

Users represent and warrant that:

(a) All information provided is accurate;

(b) No information is misleading;

(c) they possess all required rights and authority;

(d) they will not engage in fraud;

(e) they will not engage in money laundering;

(f) They will comply with all laws.

10A. PROHIBITED CONDUCT

Users must not use the Platform to:

(a) operate or promote a fraudulent, fake, or materially misleading Cause or campaign;

(b) upload content that is unlawful, defamatory, obscene, hateful, discriminatory, or that infringes the intellectual property or other rights of any third party;

(c) solicit donations for a purpose materially different from that described in the campaign;

(d) engage in money laundering, terrorist financing, or sanctions evasion;

(e) interfere with or disrupt the Platform's operation, security, or integrity;

(f) scrape, harvest, or otherwise misuse data obtained from the Platform;

(g) impersonate any person or organisation, or misrepresent an affiliation with any person or organisation.

Kayana may remove content, restrict or suspend a campaign, or take any action available to it under Section 25 (Suspension and Termination) where it reasonably believes this Section has been breached.

11. INTELLECTUAL PROPERTY

All intellectual property rights in the Platform remain exclusively owned by Kayana and its licensors.

No rights are granted except those expressly stated.

12. USER CONTENT

Users grant Kayana a worldwide, royalty-free licence, for the duration these Terms apply and for a reasonable period thereafter for archival purposes, to use, store, reproduce, modify, distribute and display content submitted to the Platform solely for the purpose of operating, promoting, and improving the Platform and the relevant Cause's fundraising activity.

13. DATA PROTECTION

Kayana's collection, use, storage, transfer and disclosure of personal data, including international transfers, is governed by the Kayana Aid Privacy Policy, available at www.kayanaforbusiness.com/kayana-aid/privacy-policy, which forms part of these Terms.

14. DISCLAIMER OF WARRANTIES

The Platform is provided:

• "AS IS";

• "AS AVAILABLE"; and

• "WITH ALL FAULTS".

To the fullest extent permitted by law, Kayana disclaims all warranties and representations.

15. LIMITATION OF LIABILITY

Nothing excludes liability that cannot legally be excluded.

Subject thereto, Kayana shall not be liable for:

• indirect losses;

• consequential losses;

• loss of profits;

• loss of goodwill;

• loss of business;

• reputational damage; and

• data loss.

Aggregate liability shall not exceed the greater of:

(a) GBP 1,000 (or the equivalent amount in the local currency of the Kayana entity a User has contracted with under Schedule 1, converted at the exchange rate prevailing on the date the claim arose); or

(b) fees paid directly to Kayana during the preceding twelve months.

16. CHARGEBACKS, FRAUD AND PAYMENT DISPUTES

The Merchant accepts sole responsibility for all:

• chargebacks;

• retrieval requests;

• donor disputes;

• refunds;

• payment reversals;

• card scheme disputes;

• fraudulent transactions;

• unauthorised transactions.

Kayana shall have no liability whatsoever for any Chargeback Event or Fraud Event.

All liabilities arising from such events shall be borne exclusively by the Merchant.

17. RIGHT OF RECOVERY

Where any chargeback, fraud event, payment dispute, regulatory action or financial loss arises, Kayana may:

(a) recover all amounts from the Merchant;

(b) withhold settlements;

(c) establish reserves;

(d) debit any account held with Kayana;

(e) offset amounts owed to the Merchant;

(f) require immediate reimbursement;

(g) suspend or terminate services.

Amounts demanded shall be payable within five (5) Business Days.

18. RIGHT OF SET-OFF

Kayana may at any time set off any amount owed by a Merchant against any amount payable by Kayana to that Merchant.

Such right applies regardless of whether the obligation is actual, contingent, present or future.

19. RESERVE ACCOUNTS

Kayana may establish rolling reserves where deemed necessary for Merchants.

Reserves may be retained for up to three hundred and sixty-five (365) days following:

(a) the final donation;

(b) closure of a campaign;

(c) termination of a Merchant account.

Kayana may apply reserve funds towards any liability owed by the Merchant.

No interest shall be payable on reserve balances.

20. SECURITY REQUIREMENTS

Kayana may require Merchants to provide:

• cash reserves;

• security deposits;

• bank guarantees;

• insurance cover;

• parent company guarantees;

• personal guarantees.

Failure to provide requested security may result in suspension or termination.

21. FRAUD

The Merchant shall be solely responsible for preventing, detecting and reporting:

• fraud;

• identity theft;

• money laundering;

• sanctions breaches;

• terrorist financing;

• unauthorised fundraising activity.

Any fraud connected with a Merchant shall be deemed the Merchant's responsibility unless prohibited by law.

21A. SAFEGUARDING

Where a Cause or Merchant's campaign content depicts or references a Vulnerable Individual, the Merchant warrants that it has obtained all necessary consents for that depiction and will handle any related content in a manner that protects that individual's dignity, safety, and wellbeing. Kayana takes no responsibility relating to campaign content and reserves the right to remove or restrict content or suspend a campaign on Kayana systems, where it reasonably believes a safeguarding concern exists. For further information, you can contact us at info@kayanaforbusiness.com.

22. INDEMNITY

Merchants shall fully indemnify and hold harmless Kayana, its affiliates, directors, officers, employees, contractors, shareholders, PSPs and Partners against all:

• claims;

• losses;

• liabilities;

• damages;

• penalties;

• fines;

• costs;

• legal expenses.

This indemnity includes all matters arising from:

(a) fraud;

(b) chargebacks;

(c) regulatory investigations;

(d) donor disputes;

(e) sanctions breaches;

(f) fundraising activities;

(g) misuse of donations;

(h) breaches of these Terms.

This indemnity survives termination indefinitely.

23. AUDIT RIGHTS

Kayana may request information, records, bank statements, identification documents and compliance evidence from a Merchant at any time.

Failure to comply may result in immediate suspension.

24. FORCE MAJEURE

Kayana shall not be liable for any delay or failure arising from events beyond its reasonable control, including:

• natural disasters;

• pandemics;

• cyber-attacks;

• war;

• terrorism;

• sanctions;

• internet failures;

• banking disruptions;

• PSP outages.

25. SUSPENSION AND TERMINATION

25.1. Kayana may suspend or terminate any account, campaign or service immediately and without notice, including where Kayana reasonably believes a User has breached these Terms, engaged in fraud, or posed a safeguarding, legal or regulatory risk.

25.2. No compensation shall be payable for any suspension or termination under this Section.

25.3. Where a Merchant's account or campaign is terminated and donations have been received but not yet distributed to the Cause, Kayana will use reasonable endeavours to ensure those undistributed donations are directed to the Cause described in the campaign, to a similar charitable purpose, or returned to Donors, in accordance with applicable law, rather than retained by Kayana, save to the extent needed to satisfy amounts owed to Kayana under Sections 16 to 20 (Chargebacks, Right of Recovery, Right of Set-off, Reserve Accounts and Security Requirements).

25.4. Sections 16 to 23 (Chargebacks, Right of Recovery, Right of Set-off, Reserve Accounts, Security Requirements, Fraud, Safeguarding and Indemnity) continue to apply after suspension or termination of an account, campaign or service.

26. CONFIDENTIALITY

Users shall keep all non-public information relating to Kayana, its systems, technology, operations, and business affairs confidential.

26A. THIRD-PARTY RIGHTS

Save that PSPs, Partners, and Kayana's affiliates, directors, officers, employees, contractors and shareholders may each enforce Section 22 (Indemnity) as if they were a party to these Terms, a person who is not a party to these Terms has no right to enforce any of its terms.

26B. FORMAL COMPLAINTS PROCEDURE

Before referring a dispute to arbitration or a court under Section 27, a User should first raise the matter with Kayana in writing at info@kayanaforbusiness.com, describing the issue and the resolution sought.

Kayana will acknowledge a complaint within five (5) Business Days and will aim to provide a substantive response within twenty (20) Business Days, save where a more complex investigation (such as a safeguarding or fraud matter) requires additional time, in which case Kayana will keep the User updated on progress.

This Section does not prevent a Donor or Merchant from escalating a complaint to an applicable regulator, ombudsman, or consumer-protection body in their country of residence at any time.

27. DISPUTE RESOLUTION

These Terms shall be governed exclusively by the laws of England and Wales.

Any dispute shall first be subject to good-faith negotiations.

For disputes with Merchants, if unresolved, Kayana may elect to refer the matter to binding arbitration under the LCIA Rules. Seat of Arbitration: London, England. Language: English.

For disputes with Donors acting as consumers, nothing in this Section requires arbitration or waives a Donor's right to bring a claim before the competent courts of their country of residence, where mandatory local consumer-protection law so provides.

27A. LOCAL CONSUMER RIGHTS

Nothing in these Terms limits any mandatory statutory right a Donor has under the law of their country of residence, including consumer-protection law, which continues to apply notwithstanding the governing law clause above.

28. CLASS ACTION WAIVER

To the fullest extent permitted by law, and subject to Section 27A, Merchants waive participation in any class action, representative action, collective action or group litigation.

29. NO FIDUCIARY RELATIONSHIP

Nothing creates any fiduciary, trust, agency, partnership, joint venture or employment relationship.

30. ASSIGNMENT

Kayana may assign, transfer, novate or subcontract any rights or obligations without consent.

Users may not assign rights without Kayana's written consent.

31. SURVIVAL

Clauses relating to indemnities, chargebacks, reserves, recovery rights, personal guarantees, confidentiality, intellectual property, liability limitations and dispute resolution shall survive termination indefinitely.

31A. WAIVER

No failure or delay by Kayana in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of a right or remedy prevent any further exercise of it.

31B. SEVERABILITY

If any provision of these Terms is held invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid, legal and enforceable while preserving its intent, or, if that is not possible, severed from these Terms, with the remaining provisions continuing in full force and effect.

31C. NOTICES

Any notice given under these Terms must be in writing and sent by email to info@kayanaforbusiness.com (for notices to Kayana) or to the email address held on the User's account (for notices to a User), or by pre-paid post to the relevant Kayana entity's registered office listed in Schedule 1.

A notice is deemed received: (a) if sent by email, at the time of transmission, provided no delivery failure notification is received; or (b) if sent by pre-paid post, five (5) Business Days after posting, to allow for international delivery.

32. ENTIRE AGREEMENT

These Terms, together with the Kayana Aid Privacy Policy, available at www.kayanaforbusiness.com/kayana-aid/privacy-policy, and Schedule 1 (Kayana Group Entities), constitute the entire agreement between the parties.

33. AMENDMENTS

Kayana may amend these Terms at any time.

Continued use of the Platform constitutes acceptance of the amended Terms.

Where amendments are material, Kayana will take reasonable steps to notify Users in advance (such as by email or an in-app notice).

33A. LANGUAGE

These Terms are drafted in English. Any translation is provided for convenience only, and the English-language version prevails in the event of any conflict or inconsistency.

34. CONTACT DETAILS

Email: info@kayanaforbusiness.com

Website: www.kayanaforbusiness.com

A list of Kayana Group entities and their registered offices is set out in Schedule 1 below. Notices to a particular Kayana entity should be sent to that entity's registered office as listed in Schedule 1, with a copy to the email address above.

SCHEDULE 1 — KAYANA GROUP ENTITIES

Each entity below contracts with Users in its own country or region, as described in the introduction to these Terms.

United Kingdom: Kayana World Limited (company number: 12782000), Arch 57-58, Ingate Place, London, SW8 3AG, United Kingdom.

Ireland / wider EEA: Kayana For Business Ireland Limited (company registration number: 737092), 3D North Point House, North Point Business Park, New Mallow Road, Cork, T23 AT2P, Ireland.

Australia: Kayana For Business Australia Pty Ltd (ACN: 693 838 014), 368 Sussex Street, Suite 526, Sydney, New South Wales, 2000, Australia.

Canada: Kayana Canada Inc. (corporation number: 1001438570), 75 Bayly St W, Unit 15, Ajax, Ontario, L1S 7K7, Canada.

United States: Kayana For Business USA Inc. (filing number: 2025-001835267), 30 North Gould Street, Ste R, Sheridan, Wyoming, 82801, United States.

United Arab Emirates: Kayana For Business UAE LLC (trade licence no. 1518440), Office 211, 2nd Floor, Al Hudaiba Mall, Dubai, United Arab Emirates.

All other countries: Kayana World Limited (details above) contracts with Users directly, unless Kayana notifies the User of a different contracting entity.

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