Terms and Conditions of Service

Updated: May 22nd 2024

You (“user”) agree that these terms and conditions (“Terms”) regulate your access to and use of the Services. The terms “Company,” “we,” “us” and “our” refer to Troia Limited incorporated in Hong Kong, a company of Troia Corp incorporated in Seychelles. Some regulated services will be provided by Partner. If a Partner provides a different policy for a specific site, application, or service, that particular policy will take precedence. “Services'' refers individually and collectively to the Platform, Partner Services, and any software services provided by us, as well as all written or electronic materials including software, graphics, data, database, text, audio, images, video, photos, or other content (“Content”), all related features, services, content and applications which the Company, Issuer, Partners and its affiliated companies may make available to you from time to time. By registering for the Services or continuing to use the Services, or website, App, or web app (“Platform”) you confirm that you have read, understood, and agreed to these Terms as well as our Privacy Policy. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES.

Important Statement: The Company is not a bank, it is a technology company. Your account is not covered by insurance against losses.

Onboarding

Registration. To use the Services available through our Platform, registration is necessary and the payment of a subscription-based account might be applied depending on the Service at the discretion of the Company. During this process, you'll need to provide contact information, including a phone number and password. Once registered, you'll receive an account allowing you access to our Platform (“Account”). We may, at our sole discretion, refuse to open an Account, authorize the Account activation, suspend, and even close it. By agreeing to these Terms, you confirm complying with these conditions.

Eligibility. Use of the Services is contingent upon:

  • Your capacity to enter into legally binding contracts, being of legal age in your country (e.g. 18 years old) or representing a legally constituted entity;

  • No history of suspension or removal from our Services;

  • Authority and non-violation of any other agreements by agreeing to these Terms;

  • Not being located in, or a national or resident of any Restricted Locations or countries embargoed or prohibited from using the Services;

  • Not on any denied persons lists;

  • You do not have an existing account with us (under same or different name);

  • Not being under any legal restriction that prevents you from using the Services; and

  • Complying with all local, national, and international laws applicable to you regarding the use of the Services.

It is your responsibility to ensure that using the Services does not conflict with any laws applicable to you. The Company may update the list of Restricted Locations without notice.

Identification. To utilize certain Services, you need to create and maintain an Account. Access to Partner Services might be subject to identification, verification, and screening (“KYC”) following the Anti-money laundering and counter-terrorist financing standard issued by FAFT (“AML”)depending on the outcome, additional information might be requested continually. Access to or use of the Services may be denied if you do not provide necessary identity proofs or if the provided documents do not satisfy the Company or Partner's criteria. You must ensure that your information is accurate, complete, and up-to-date. Failure to do so may lead to restricted access to the Platform or termination of these Terms by the Company. You are allowed only one Account at a time.

Account Confidentiality and Security. You are responsible for keeping your Account information, including your password, identification, and assets information confidential and overseeing all activities, Instructions and transactions that occur under your Account. Should any unauthorized access or security breach occur, you must immediately notify the Company via the provided support email support@kastcard.com. You are prohibited from allowing third parties to use your Account and are liable for all activities conducted through your Account, whether authorized or not. Unauthorized access attempts to the Services or aiding others in such activities will lead to the termination of your Account and possible legal action. You must only create and use an Account that is rightfully yours. You bear responsibility for the security and confidentiality of your Account, any Instruction made with your credential and password, will be assumed to come from you without any obligation to process with further verification. Be aware that Instructions via the Platform, often transmitted over the Internet, are subject to risks like, but not limited unauthorized access. Receipt of Instructions under your login ID and password is confirmed only when we've retrieved and acknowledged them. Any damage caused via the Internet in this process is your liability. In addition, you agree to the admissibility of such Instruction without further requirement of proof of authenticity or accuracy in a court of law under applicable evidentiary law, rules and/or regulations. If vulnerabilities are identified in the use of the Services and the Account by you that may compromise our security, such as the presence of viruses, malware or any other means with a malicious purpose, the Company may adopt preventive measures, such as: blocking access to the Account and Services without engaging its liability.

Services

Scope of Services. Services for users include allowing purchases of goods and services, settlement of card balances, access to wallet addresses, facilitating ATM cash withdrawals for physical cards, and other transactions made with KAST Card.

Management of Custodian Wallet. The Virtual Assets deposited in our Platform will be held in our Partner Custodian Wallet solution. You recognize that the Company will manage the Custodian Wallet on your behalf. This management is essential for the functionality of the KAST Card, ensuring security, and compliance with applicable laws.

Right to Modify Services. The Company reserves the right to update, modify, suspend, disable, or restrict access to, or discontinue the Services, or any features, components, or content thereof at any time, for any reason, without notice to the user. There is no guarantee that specific services, features, components, or content will always be available.

Partner Services. The Company's Services might provide access to various financial services including on/off ramp, credit card, and other financial services as might be the case from time to time. These said services are offered directly by Partners ("Partner Services''). It's important to note that Partner Services may necessitate separate registration, identity verification, and agreement processes.

Served Countries. The Company may not offer the Services in all markets or jurisdictions and reserves the right to restrict or prohibit the use of the Services in certain foreign jurisdictions known as "Restricted Locations" to be listed and updated in our FAQ.

Note: Please be aware that this list can change based on regulations and the Company's discretion.

Partner Disclaimer: You neither have any contractual relationship with our Partners nor our Partners owe any duty of care to you under all circumstances (including during insolvency) except if otherwise agreed. Our Partners :

  • Do not act as your trustee, an escrow agent or stakeholder;

  • Do not have a contractual obligation or duty to keep the funds in the designated Account segregated from the Company's other accounts maintained with our Partners; and

  • May exercise their rights to combine or consolidate all or any of our accounts and any other rights under the terms and conditions governing the Services and the designated Account.

Third-Party Account Information

Retrieval and Use of Third-Party Account Information. Through the Services, you may instruct the Company to obtain your transaction history, balance, and other data from a Partner where you hold accounts or conduct financial transactions ("Third-Party Account Information"). The Company collaborates with Partners to access this information. This data will be utilized to deliver the requested Services for internal business purposes and to suggest other relevant products and services. By linking an Account, you grant the Company permission to act as your agent in accessing this information from specified third parties and authorize those parties to disclose your details to the Company.

Disclaimer on Third-Party Account Information. The Company does not verify the accuracy, legality, or non-infringement of Third-Party Account Information. Responsibility for the information and any products or services from third-party sites or platforms remains with those entities. Transfers between your Custodial Wallet and linked accounts adhere to the terms set by the respective Partner and may be subject to specific limitations.

Card Issuance and Pre-Authorization of Card Transactions

Card Issuance. The KAST Card, issued as part of the Card Issuance Services, is a credit card that can be used at retailers, merchants, online websites accepting cards from the relevant Card Network. Additionally, it allows for cash withdrawals at ATMs (limited to physical cards) provided they accept cards from the same network.

Pre-authorization of Card Transaction. When you make Card Transactions using your KAST Card, we will settle these transactions on the Card Network. You authorize the Partner to temporarily freeze an amount in the Custodian Wallet equal to the transaction cost and associated fees. This amount, referred to as the "Settlement Amount”, includes a buffer as detailed on the Platform, and is subject to the Company and Partners' discretion at the time of each transaction.

Conversion. Upon executing a Card Transaction, you grant our Partners permission to convert and deduct the necessary amount of Acceptable Tokens from the Custodian Wallet. This amount, equivalent to the Settlement Amount for the transaction, may be converted into stablecoins or fiat currencies at the Partner's discretion. The conversion rate is based on the current market rate between the settlement assets and converted assets. The converted funds are then used to settle the corresponding Card Balances.

Card Limit. The use of your KAST Card, including the credit limit, maximum value for single transactions, and daily and monthly transaction limits, is subject to the Company-set card limits. These limits are detailed on the Platform. The Company may modify these limits at its discretion without prior notice. Transactions exceeding these limits will be declined. You are advised not to exceed the applicable card limits, as transactions surpassing these limits will be automatically rejected.

Activation. As a registered user, you can request a KAST Card from the Company which will liaise with our Partners. The KAST Card is issued upon the Company's approval and must be activated via the process mentioned in the Platform. The Company and Issuer retain the discretion to decline your card request or revoke an issued KAST Card at any time.

Physical KAST Card. You recognize that the physical KAST Card is our property. You are responsible for its careful handling and use, ensuring it isn't tampered with, not allowing unauthorized use or sharing, avoiding intentional damage or defacement, and refraining from altering its appearance, including attaching anything or modifying its logos or designs.

KAST Card Validity and Renewal. Unless earlier terminated or canceled, each KAST Card is valid for a period set and shown on the Platform. Automatic renewal notices are sent via email one month before expiration if the card is used. A renewal fee, specified on the Platform, may be charged and debited from your Wallet Balance or billed separately. The same Terms apply to the renewed card. To opt out of renewal, contact the Company through the Platform. The Company and Issuer have the right not to issue a new Card upon the expiry of the Card's validity or the user's application for a new KAST Card. If the user does not accept the KAST Card and/or the KAST Card is not activated within 3 months from the date of issuance of the KAST Card, the Company or Issuer has the right to close, deactivate and destroy the KAST Card without refunding any service charges. The user undertakes not to use the KAST Card and not to allow the KAST Card user to use an invalid, closed or otherwise unusable KAST Card, and to physically destroy it within 3 days after it became closed or invalid or unusable.

Responsibility and Liability for Card Transactions. As the user of a KAST Card, you are fully responsible for all transactions made with the KAST Card. This includes ensuring that it is not used for any illegal or prohibited activities as per the laws of the place where the transaction occurs or in your country of residence. You bear liability for all Card Transactions, authorized or not, whether or not executed with your knowledge, and this extends to situations involving negligence on your part. You acknowledge and accept the risks associated with unauthorized Card Transactions.

Confidentiality and Security of Card Data. You shall keep your KAST Card Data strictly confidential, only sharing it as necessary for transactions. Exercise caution when providing Card Data to merchants to maintain its security. Sharing Card Data via unsecured methods, like email or fax, is not safe. Neither the Company, Issuer nor its affiliates are liable for unauthorized transactions due to your failure to secure the Card Data.

Complaint

Dispute Resolution and Chargeback. If you have any disputes about a Card Transaction or any issue related to our Services or Platform or need to request a Chargeback (“Disputes”), contact us at support@kastcard.com promptly, no later than 90 days after the transaction date. We will assist in resolving the dispute or forward your request to the right Partner or relevant Card Network for processing. For dispute resolution or Chargeback requests, you must follow the Card Network Rules. This includes submitting a detailed written explanation, transaction receipts, and other necessary documentation as required by the Issuer or the Card Network. Our Partners might apply a fee for the handling of a Chargeback at their discretion.

Investigation Disputes. The Company and Issuer have the authority to investigate any Disputes. In the event of an investigation, either by the Company, Issuer or a competent authority, you shall cooperate by providing any additional information or documentation as requested. If evidence reasonably concludes that any Disputes are either a result of your wilful default, fraud or negligence, or breach of these Terms, you agree and authorize us to debit the Custodian Wallet with the amount from the Disputes and any such associated charges and fees.

Non-Refundable Fees for Dispute Processing. Fees incurred by the Company, Partners or Card Network for processing disputes or Chargeback requests will be charged to the Wallet Balance or billed to you separately. These fees are non-refundable under any circumstances.

Discretion in Dispute Resolution. You hereby agree and accept that (a) the Company and/or Partners and/or the relevant Card Network may, but are not obliged to (whether under these Terms or otherwise) assist you with or process your dispute or Chargeback request; and (b) the decisions of the Company and/or Partners and/or the relevant Card Network on all matters relating to or in connection with such dispute or Chargeback request is final and conclusive and binding on you for all purposes unless otherwise provided in such terms, conditions, rules, procedures and/or guidelines as may be issued by the relevant entity from time to time. You acknowledge and agree that the repayment of any amount previously charged to your KAST Card may be subject to such terms, conditions, rules, procedures and/or guidelines as may be issued from time to time.

Limitation of Liability in Disputes and Chargebacks. You acknowledge that neither the Company, Partners nor the relevant Card Network will be liable for any issues or outcomes related to disputes or Chargeback requests.

Custodial Management of Virtual Assets

Third-Party Custodianship. Your Virtual Assets in the Custodian Wallet are held by a Custodian part of our Partners to ensure the secure management of your Virtual Assets. By utilizing the Custodian Wallet, you acknowledge the risks involved, including system (related to the operation and security of the Custodian’s systems and platforms), market (arising from the volatile nature of Virtual Assets and their fluctuating market values), regulatory (associated with changing regulations and legal compliance of the Custodian), security (potential loss or theft of Virtual Assets due to cyberattacks or breaches by the Custodian), and operational risks (arising from operational failures, errors, or disruptions in the Custodian Wallet).

Authority Over Custodian: The Company is entitled to instruct the Custodian to execute various actions related to your Virtual Assets for settlement purposes including but not limited to freezing, converting, and transferring.

Custodian Selection Discretion: The Company reserves the right to change the Custodian and, in such an event, has your authorization to transfer your Virtual Assets to the new Custodian for the purpose of continuing to use the KAST Card and Services.

Delay in Transaction. Subject to any delays caused by Partners or delays due to fraud or compliance reviews initiated by the Partner, us or any third party partner providing you with services, transfers will normally process in the following time frame: a few business days for transfers from a linked account to the Custodian Wallet, or less, depending on factors such as payment type and funds availability. Transfer times are not guaranteed in any way by the Custodian, Partners and us.

Exemption from Liability: The Company and its affiliates bear no responsibility for any losses, damages or liabilities related to the Custodian Wallet's management or the virtual assets stored within or otherwise caused by or attributable to the actions or omissions of the Custodian. The Custodian is responsible and liable for the security of your Virtual Assets held in the Custodian Wallet.

Wallet Account Structure: Your Custodian Wallet consists of individual vaults assigned to service users for initially storing approved Virtual Assets. These assets are then aggregated into a separate, centralized omnibus account (“Pooled Account”), distinct from the Company's own accounts. This collective account includes the Virtual Assets of all users, ensuring that both your individual wallet details and your proportionate share of assets in this Pooled Account are meticulously recorded and maintained by the Partners, and your Custodian Wallet will at all times be maintained in the account records of the Company.

Disclaimer Custodian Wallet: The Custodian Wallet is not equivalent to a bank debit card, savings, or checking account and does not yield interest. The wallet is not classified as a deposit account and thus does not qualify for coverage under the Deposit Protection Scheme or similar guarantee or consumer protection mechanisms in other application jurisdictions.

User Acknowledgments and Warranties: You accept that our related Partners (1) hold complete control over the Custodian Wallet arrangements such as freeze, convert and transfer of your Virtual Assets on your behalf as may be required; (2) are not a fiduciary, trustee or escrow agent in relation to your Virtual Assets; and (3) you are not a party to any agreement between the Company and the Custodian. All Virtual Assets deposited by you into the Custodian Wallet are of legal origin and in compliance with all applicable laws.

Accessibility of Transaction Records: Transaction histories by month can be accessed through the Platform, and no physical statements will be issued for your Custodian Wallet.

Top-Ups: To deposit Virtual Assets into your Custodian Wallet, you must follow specific instructions available on the Platform. The Custodian Wallet is designed to accept only certain types of Virtual Assets, referred to as “Acceptable Tokens”, for adding funds. You represent and warrant that any Virtual Assets used to fund your Custodian Wallet are owned by you, free of any legal claims or disputes, and not tied to illegal activities. The Partners reserve the right to reject transactions such as top-ups if concerns arise about the assets' legality and authenticity, or if KYC, KYT, AML, and due diligence checks are not satisfactorily completed. Top-ups might be subject to fees as specified on the Platform.

Notifications on Asset Management: The Company will inform you via the Platform about any actions taken on your Account, such as asset freezes or conversions, including the details of affected assets and the applied exchange rates.

Acceptable Tokens: The list of Acceptable Tokens for your Custodian Wallet may be altered by either the Custodian or the Company. Changes can occur due to various factors, including but not limited to regulatory demands, amendments in laws, or issues like scams. You are responsible for ensuring that you only send Acceptable Tokens to the Custodian Wallet. Any assets sent to the Custodian Wallet that are not Acceptable Tokens may be irretrievably lost.

Wallet and Card Balance

Balance Limits and Adjustments: The balance in your Custodian Wallet is subject to minimum and maximum limits determined by either the Company or the Partners. These limits, which are outlined on the Platform, may be modified at their discretion.

Authorization for Transaction Settlement and Fee Deduction: Converting Virtual Assets in your Custodian Wallet to stablecoins or fiat currencies, or any deductions from your Wallet Balance, might lead to various charges. These can include transaction and network fees, third-party service fees, foreign exchange variances, and other customary fees. You grant the Company permission to deduct the necessary Virtual Assets from your Wallet Balance for Card Transaction settlements, converting them into stablecoins or fiat currencies as needed. This process includes deducting fees for regulatory compliance or risk management from your Custodian Wallet. These actions are at the Company's discretion and in line with applicable laws to protect your Virtual Assets. Using the Services may incur certain Fees. These will be deducted from your Wallet Balance or charged separately. Non-payment of Fees can result in suspension of Services until all such outstanding Fees have been settled. Fees are listed on the Platform and may be updated, removed or new fees introduced at the Company's discretion. All fees are exclusive of taxes, which will be added to the final charge. These fees are final and non-refundable under any circumstances unless otherwise determined by the Company. Partners may assess charges for their services pursuant to Partners' terms. The Company is not responsible for Partner’s Charges. Additionally, you might incur fees for sending or receiving funds on the Platform.

Responsibility for Wallet Operations: You are solely responsible for the outcomes of any freezes, deductions, or conversions made to your Virtual Assets in the Custodian Wallet. The Company is not liable for any losses or damages resulting from these actions.

Card Benefits and Modifications

The Company may offer, modify, or withdraw various benefits, promotional offers and discounts (“Benefit”) from various Partners at its discretion. Benefits might include mobile payment options, contactless payment, rewards, installment plans with certain partners, and other benefits as notified from time to time. Some benefits may require a separate application. The Company has the authority to exclude you from Benefits or reverse benefits if you breach any Terms.

ATM Withdrawal Services

KAST Card users can use their physical KAST Cards for cash withdrawals (“Withdrawal Services”) at compatible ATMs. Withdrawals are subject to limits set by the Partners. Fees for these services, which can change without notice, may be charged both by the Partners. Please note that fees may also be charged by ATM providers in respect of any withdrawal, in respect of which the Company and Issuer will have no control and will not be liable. The Company and Issuer are not liable for any losses, damages or liabilities related to ATM withdrawals, or Virtual Asset or currency conversions.

Regulatory Obligation

Both the Company and Partners reserve the right to conduct comprehensive customer due diligence through Know Your Customer (“KYC”), know your transaction (“KYT”) checks, anti-money laundering and counter-terrorism (collectively named “AML”), and other due diligence checks on all transactions and Virtual Assets linked to your Custodian Wallet. You must provide accurate, updated and full information for these checks. If deemed necessary, the Company and Partners may freeze part or all assets in any Custodian Wallet, canceling, restricting or blocking access, Account and transactions of the affected Virtual Assets until unfrozen. The Company and Partners may also refuse asset transactions such as top-ups, transfer particularly if legality or authenticity issues arise, or if compliance checks are unsatisfactory. You agree to cooperate in any investigations related to suspicious activities or transactions. The Partners have a regulatory obligation to keep a record of your information for a period prescribed by the local regulator after the closure of your account.

Platform

The functions of the Platform, which may change from time to time without notice to you at the Company’s sole discretion, currently allow you to perform one or more of the following actions:

  • Requesting KAST Card issuance;

  • Modifying KAST Card settings, like PIN changes;

  • Viewing Custodian Wallet transaction history;

  • Managing KAST Card status (disable, enable, block);

  • Loading your Custodian Wallet.

  • Topping up or withdrawing virtual assets.

Limited License. Provided you comply with these Terms, the Company grants you a limited, non-transferable, non-exclusive license to use the Services on your Enabled Device, and related to Content solely for approved purposes as permitted by the Company from time to time. This license is subject to these Terms and does not extend beyond what is expressly granted. All other rights are reserved.

Open Source. Certain components within the Platform may be subject to open source or other specific licenses. In cases of inconsistency between these Terms and the licenses of those components, the latter's terms will govern your use of those specific components of the Platform.

Conditional Use of Services. You acknowledge and agree that your use of the Services is at all times subject to your compliance with these Terms and all other applicable terms.

Your Device

You are responsible for obtaining and maintaining the necessary security, hardware, software, and services for the Platform, including antivirus software and timely updates for the App and your device. You bear sole responsibility for any access to the Platform through your device, even if unauthorized. In case of loss, theft, or unauthorized access to your device, promptly inform us at support@kastcard.com and reset your device's password. The Company is not liable for losses or damages due to unauthorized use of your device.

User Content

Users may submit various types of content, such as profile information, comments, questions, and other content or information ("User Content”). While you retain ownership of your User Content, by submitting it through the Services, you grant the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, and display this User Content. This includes the right to make derivative works and to use your name, voice, and likeness as part of that content across all media types for the Service and the Company's related business activities.

Feedback

You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services, Platform, procedures or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.

Intellectual Property Rights

You acknowledge and agree that:

  • All trademarks, service marks, and logos used in the Platform, associated with the Company and its affiliates, are their exclusive property or that of third-party licensors.

  • The Services' intellectual property rights are either owned by or licensed to the Company.

  • Aside from the specific license granted to you, no additional rights are provided to you regarding the trademarks, the Platform, or the Services.

  • Any reproduction, distribution, adaptation, modification, or commercial exploitation of any part of the Platform is strictly prohibited without explicit written consent from the Company.

  • you will not sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

Prohibited Activities

You agree not to engage in certain prohibited activities with the Platform, including but not limited to:

  • Using the Platform for spamming purposes.

  • Engaging in illegal or immoral activities through the Services, like money laundering or terrorism financing, fraud or malicious hacking.

  • Providing false, misleading or inaccurate information;

  • Using the Platform in ways that infringe on any intellectual property rights.

  • Damaging, disabling, or impairing the Platform or its Services, interfering with other users, or harming the Company's reputation.

  • Engaging in activities that the Company deems inappropriate or illegal.

  • Uploading harmful or illegal content, such as viruses or malicious codes.

  • Altering, combining, or integrating the Platform or platform with other software.

  • Attempting to obtain the Platform’s source code through reverse engineering;

  • Attempt to bypass or circumvent any security features;

  • Hide or misrepresent the true origin of assets and resources;

  • Showing abusive or threatening behavior towards Company personnel;

  • Facilitate any viruses, trojans, malware, worms or other computer programming routines that attempt or may damage, disrupt, corrupt, misuse, adversely interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to, any system, data or information

  • Use any device, software or routine to bypass or circumvent our robot opt-out protocols, interfere with or disrupt, or attempt to interfere with or disrupt our infrastructure, our websites, software, systems (including any networks and servers used to provide any of the Services) operated by or on our behalf, any of the Services or the use of any of the Services by other users;

  • Upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images, or materials for use as an avatar, in connection with a payment or payment request, or in other way;

  • Weapons of any kind, including but not limited to firearms, ammunition, knives or related accessories

  • Controlled substances, including but not limited to narcotics, prescription drugs, steroids, related equipment or accessories

  • Any type of Ponzi scheme, pyramid scheme or multi-level marketing program

  • Counterfeit products, including, but not limited to, fake IDs;

  • Purchasing products from Tor onion services marketplaces or “Darknet” marketplaces, or any other service or website that acts as a marketplace for illegal products (although that marketplace may also sell legal products)

  • Adult content;

  • Pseudo-pharmaceuticals (including substances that make unsubstantiated pharmaceutical claims) and legal drugs (including chemicals designed to mimic illegal substances)

By utilizing the Services, you acknowledge and consent to our data protection practices as detailed in our privacy policy. This includes the collection, use, disclosure, and sharing of your personal data with the Company, Partners, Custodian, service providers, and relevant third parties, as necessary for facilitating your use of the Services. For more detailed information, refer to our privacy policy available at https://www.docs.kast.finance/legal/privacy-policy.

Termination and Limitation Rights

The Company reserves the right to terminate, suspend, or limit your use of its Services at any time, without notice, at its sole discretion. This includes actions like freezing, canceling, or closing your Account and/or Custodian Wallet, refusing or reversing Card Transactions. Such measures may be taken in case of a breach of Terms, unpaid fees, charges or subscription, for legal compliance, suspicion of unlawful or Prohibited Activities connected to your transactions, Partners are unable to support your use, or based on internal risk monitoring policies and your consumer group profile. The Company through its Partner shall remain entitled to debit your Wallet Balance for any amount and charges incurred in or related to Card Transactions that are carried out before or after the termination.

Account Inactivity. The Company reserves the right to log off or deactivate accounts that have been inactive for six (6) months or longer. In case of a reactivation, the Company might charge a reactivation fee. An account will be considered dormant after 12 months without transaction activity. The Company will charge a monthly inactivity fee of $1 in the platform's primary Virtual Assets on dormant accounts. This fee will be deducted from any available balance in the dormant account within the first week of each month. No negative balances will be incurred from inactivity fees if there's no available balance. The Company may apply these fees without prior notice.

Account Suspension or Closure. If the Company suspends or closes your Account, or terminates your use of the Services for any reason, you will be notified of such action as required by law, unless prohibited by court order or other legal process. The Company may, in its sole and absolute discretion, without liability, suspend and/or terminate your Account, or suspend your use of one or more of the Services if the Company reasonably believes that:

  • Someone else may be trying to use your Account without your permission;

  • The security of your Account has been compromised;

  • Any disposition in the Terms has been or may have been violated;

  • We must do it in accordance with the law.

If your Account remains suspended or inactive for more than one hundred and eight (180) days and the Company is unable to contact you, we will close the Account.

Remaining Balance: Withdrawal of the remaining balance from your Account may be subject to additional identification, verification and fraud prevention steps to access funds in a suspended or closed account. If it is possible to unlock the resources, our Partner will have full discretion as to the options by which the user will receive such resources, informing the means by which they will be made available to the user. We reserve the right to require the user to provide more information before processing any withdrawal or transfer request and to extend the deadline for approval or prohibit any withdrawal or transfer in certain circumstances, especially when we detect or there are indications that fraudulent or illegal activity has taken place. If the user is unable to access their account, the user must contact us at support@kastcard.com to process the transfer of the funds. Both the Company and Partners reserve the right to retain the funds for a specified period under certain conditions.

Post-Termination Obligations

Compensation. You are not entitled to any payment, damages or compensation for any suspension or termination of your use of the Services. Such suspension or termination does not absolve you of any accrued liabilities or responsibilities.

Refund. You are eligible for a refund of your Wallet Balance upon terminating your Account. The Company's rights to suspend or terminate services are separate from other legal rights or remedies. User-initiated termination and refund requests are made through the Platform at any time. To proceed, the Company may request identification for processing and compliance with laws. Refunds are subject to conditions to avoid negative balances and may incur fees to cover the costs incurred by the Company. The method of refund is at the Company's discretion (e.g. on-chain transfer, bank transfer or cheque) and limited on time as per law.

Complaint Resolution Process

If you have a dispute with the Company ("Complaint"), you agree to first contact our support team to seek an amicable resolution. This step should precede any arbitration claim or small claims court action. Failing to engage in this initial process may lead to a request for dismissal of your claim until the procedure is followed. The Company will conduct an initial investigation into the dispute. You are expected to reasonably cooperate by providing necessary information. If it is determined that you owe amounts due to error, fraud, or other reasons, you agree to make the appropriate payment within 45 days. Conversely, if the Company owes you, payment will be made to you within the same timeframe. Should the dispute not be resolved internally within 60 days, both parties agree to proceed with Arbitration as detailed in the applicable section.

Arbitration

For any disputes arising under or related to these Terms or your use of the Services, you, we, or any involved party (collectively, "Parties") agree to resolve the issue through binding arbitration. The arbitration shall be governed by the Singapore International Arbitration Centre (SIAC) Rules in English appointing one arbitrator (chosen by SIAC), prioritizing this clause's specific provisions in case of conflict. The proceedings will occur in Singapore unless otherwise agreed. For claims not exceeding US$10,000, arbitration may be document-based unless otherwise requested or deemed necessary. For larger claims, ICC Rules determine the right to a hearing and information exchange.

Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (REGARDLESS OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER THESE TERMS. THE COMPANY'S IN RESPECT OF REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED IS LIMITED, AT ITS OPTION, TO ANY ONE OF RE-SUPPLYING, REPLACING OR REPAIRING, OR PAYING THE COST OF THE RE- RE-SUPPLYING, REPLACEMENT OR REPAIRING, OR PAYING THE COST OF SUPPLYING AGAIN THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.

NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU: (A) FOR ANY LOSSES OR DAMAGE OR CLAIMS (I) DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT, OUTSIDE THE REASONABLE CONTROL OF US AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (INCLUDING BUT NOT LIMITED TO FORCE MAJEURE, EVENTS OF WAR OR CIVIL UNREST, NATURAL DISASTERS, STRIKE, LOCK-OUT, TRAFFIC DISRUPTION, ACTS OF DOMESTIC OR FOREIGN GOVERNMENTAL AUTHORITIES); (II) ARISING FROM OR IN CONNECTION WITH: (A) ANY DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF THE PLATFORM OR SERVICES; (B) ANY REJECTION OF THE KAST CARD; (C) ANY REFUSAL TO PROCESS OR AUTHORISE ANY TRANSACTION FOR ANY REASON; (D) YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE OR BREAKDOWN / NON-AVAILABILITY OF THE PLATFORM, NETWORK, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES; (E) USE OF YOUR ENABLED DEVICE AND THE SERVICES BY THIRD PARTIES, WHETHER AUTHORISED OR UNAUTHORISED BY YOU; (F) ANY THEFT OR LOSS OF YOUR ENABLED DEVICE; (I) CAUSED BY US DUE TO COMPLIANCE WITH APPLICABLE LAWS, COURT ORDERS, AND/OR CARD NETWORK RULES; AND (II) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any case, the total liability of the Company arising out of or in connection with the provision of any Services under these Terms shall be limited to a maximum of USD 500 as of the date your claim arises.

The Company shall not be liable for fault on the part of any third-party service providers instructed by us. In such cases, the Company's liability shall be limited to using reasonable care in the selection, appointment and instruction of such third-party service providers (but not of any subcontractor or other third-party such third-party service provider may use).

Nothing in these Terms shall operate to limit or exclude any liability for fraud or death or personal injury resulting from gross negligence and unlawful misconduct.

Indemnification

You agree to indemnify and hold the Company, each of its affiliates, Partners, Custodian and third-party service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms; (ii) your use of the Platform, the Services, the Kast Card and/or the Custodian Wallet; (iii) your violation of any rule or regulation, or the rights of any third-party; and (iv) any transactions and/or Instruction resulted from your wilful default, fraud, gross negligence or breach of these Terms.

Risk Considerations

General Awareness. This segment discusses the inherent risks related to Virtual Assets and using the Services. It's not an exhaustive list, so you should carefully assess whether our Services align with your needs and circumstances.

Legal Considerations. The legal status of Virtual Assets varies significantly across jurisdictions. They might be prohibited or heavily regulated in certain areas, and you are solely responsible for understanding and adhering to any such laws at your own risk and expense. We do not endorse or take a stance on the legal status of any Virtual Assets. You are encouraged to conduct your own research and understand the legal implications of Virtual Assets. Your use of Virtual Assets through our Services is at your own risk, and you should be aware of and prepared to accept these risks.

Understanding Virtual Assets Risks. The value of Virtual Assets has experienced extreme volatility. There's a possibility they might become valueless in the future. Trading or holding Virtual Assets involves substantial risks, including potential severe losses. Valuing them can be challenging due to unpredictable trading patterns and unclear fundamentals. You should carefully consider if trading or holding Virtual Assets aligns with your financial situation and risk tolerance. Given the inherent risks in Virtual Assets markets and the influence of technological and international market factors, the Company cannot assure the ongoing availability of any particular Virtual Assets as part of the Services. The Company retains the right to discontinue offering trades in certain Virtual Assets. Efforts will be made to inform you of any such changes in service offerings.

Funds: In case of failure, bankruptcy or liquidation by us, you won't be protected by the Consumer Act in your local jurisdiction, thus, there is a risk you won't recover your money or cryptocurrency paid to us.

Miscellaneous

Entire Agreement:. This agreement, the privacy policy and all disclosures, notices or policies available on the Platform, comprise the entire understanding and agreement between the user and Company as to the Services and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this agreement), and every nature between and among user and Company. Section headings in this agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this agreement. In case of conflict between all the above documents, the agreement shall prevail. These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English.

Amendments. The Company may change these agreements from time to time at its own discretion. If the Company does, it will notify the User through the Platform or by email. In addition, we may at any time change, add or remove any feature or functionality of the App without prior notice. By continuing to use the Services after changes go into effect, the User agrees to be bound by the amendment/revision. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

Force Majeure. The Company is not responsible for delays, failures, or service interruptions stemming from causes beyond reasonable control. This includes but is not limited to, natural disasters, acts of authority, terrorism, wars, labor disputes, fires, technological breakdowns, or any other events outside our reasonable control. Such circumstances will not compromise the validity and enforceability of the remaining provisions of these Terms.

Assignment. The User may not assign any rights and/or licenses granted under this agreement without the prior written consent of the Company. The Company reserves the right to assign its rights without restriction, except notice to the user, including without limitation to any Company’s affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and insure the benefit of the parties, their successors and permitted assigns.

Severability. If any provision of this agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency (local, state, or federal), such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this agreement shall not be affected.

Survival. All provisions of this agreement which by their nature extend beyond the expiration or termination of this agreement, including, without limitation, sections pertaining to suspension or termination, Wallet Account cancellation, debts owed to the Company, general use of the Platform, disputes with the Company, and general provisions, shall survive the termination or expiration of this agreement.

Third Party Rights. No person other than you and us will have any right under the Terms to enforce or enjoy the benefit of any of the provisions of these Terms.

Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Seychelles. The parties agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the courts of Seychelles.

Definition

“Acceptable Tokens" refers to the specific Virtual Assets that the Company accepts for deposit into the Custodian Wallet. Currently, this includes Tether (USDT), and USD Coin (USDC). The Company reserves the right to update this list at any time based on their discretion.

"Account" refers to the account registered by the user to have access to the Platform.

"App" refers to the mobile application software provided by the Company, compatible with Android and Apple iOS devices. It encompasses all content, services, updates, upgrades, supplements, releases, and versions available within or through the application.

“ATM” means automated teller machines;

“Card Issuance Services” means the card issuance services provided by a Partner to the Company, which enable the issuance of the Kast Card under the relevant Card Network;

“Card Network” means any international credit, debit and card network that is applicable in respect of your Kast Card;

“Card Data” means the primary account number (PAN), expiration date and security code of a Kast Card;

“Card Transactions” means each transaction effected by using your Kast Card or PIN;

“Chargeback” means a dispute filed by the Company that is sent through the relevant Card Network in accordance with the relevant Card Network Rules relating to a Card Transaction;

“Custodian Wallet” means the Virtual Assets wallet provided and hosted by the Custodian which allows a user to store with the Custodian the types of Virtual Assets that have been approved by the Company;

“Custodian” means a Partner designated and appointed by the Company to provide secure wallet services for the holding and management of Virtual Assets;

“Enabled Device” refers to the mobile communications or other device successfully registered by you for use in connection with the Platform and Services;

"Instructions" refer to any and all forms of information, communications, directives, or orders associated and initiated by you or your Account, including those related to payments, transfers, or other types of transactions, whether they are automated or manually entered;

“Issuer” means one of our Partner, the ultimate issuer of the Kast Card;

“Kast Card” refers to a credit card, available as either a virtual or physical card, which is provided to you by us, allowing for transactions and access to credit secured by your deposited virtual assets held by the Custodian;

“Virtual Assets” refer to any digital representation of value that can be digitally traded, transferred or used for payment;

“Wallet Balance” refers to the total amount of Virtual Assets held in the Custodian Wallet, as may be increased or decreased according to these Terms.

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