Terms of Service

Last updated: December 7, 2024

1. Definitions

For the purposes of these Terms of Service, the following definitions apply:

  • “User” refers to any individual or entity that accesses or uses Crypto Card’s services.
  • “Gift Card” means a prepaid card that allows the purchase of cryptocurrencies through Crypto Card’s platform.
  • “Platform” refers to the Crypto Card website and any associated services provided by Crypto Card.
  • “Private Key” is a secure code known only to the user that allows them to access their cryptocurrency funds.
  • “Service Providers” include third-party companies such as Stripe and Binance that facilitate payments and cryptocurrency management.

2. About Crypto Card

Crypto Card is operated by YT DEVELOPPEMENT, a company registered in France under the company number 821 155 868. For inquiries or support, you can contact us at:

  • Headquarters: 2 RUE DU POMPIDOU, 34990 JUVIGNAC, France
  • Email: support@cryptocard.gift

Crypto Card operates under French law and complies with applicable EU regulations, including GDPR. However, due to transaction limits and product nature, Crypto Card is not subject to AMLD5/6 compliance requirements.

3. Intellectual Property

All content, trademarks, logos, and intellectual property displayed on the Crypto Card platform are the property of YT DEVELOPPEMENT or its licensors. Users are granted a limited, non-exclusive, non-transferable license to access and use the platform for personal, non-commercial purposes.

Unauthorized use, reproduction, or distribution of any material from the platform is strictly prohibited and may result in legal action.

4. Indemnification

You agree to indemnify, defend, and hold harmless Crypto Card, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • Your use of and access to the Platform.
  • Your violation of any term of these Terms of Service.
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
  • Any claim that your use of the Platform caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the Platform.

5. Termination

Crypto Card reserves the right to suspend or terminate your access to the Platform, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.

Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform.

All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Severability

If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

7. Cookies and Tracking Technologies

Crypto Card uses cookies and similar tracking technologies to enhance your experience on our platform. Cookies help us understand how you use our services, remember your preferences, and provide personalized content.

You can control the use of cookies at the individual browser level. However, disabling cookies may limit your ability to use certain features of our platform.

For more information, please refer to our Privacy Policy.

8. Acceptance of Terms

By accessing and using Crypto Card services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you must immediately stop using our services.

These terms apply from the moment you create an account, purchase a gift card, or claim a gift card.

9. Service Description

Crypto Card provides a platform for purchasing prepaid cryptocurrency gift cards. These cards are temporarily stored in USDC stablecoin and are redeemable in Bitcoin (BTC), Ethereum (ETH), or Solana (SOL). The platform uses Stripe for fiat payments and Binance for the management and conversion of stablecoins.

Crypto Card charges a flat fee of 10% of the total gift card value, which includes all associated costs such as blockchain gas fees, Binance exchange fees, and operational charges. Crypto Card retains a very modest margin after these transaction costs.

All conversions are subject to real-time rates provided by Binance at the time of claim. Cryptocurrencies are not guaranteed by any central authority and are subject to price volatility and technical risks.

10. Regional Restrictions

Crypto Card services are not available in jurisdictions where cryptocurrency transactions are restricted or illegal. It is the user’s responsibility to ensure compliance with local laws and regulations before purchasing or claiming a gift card.

11. User Responsibilities

As a user of Crypto Card, you agree to:

  • Provide accurate and complete information when purchasing or claiming gift cards.
  • Ensure your wallet is compatible with supported cryptocurrencies (BTC, ETH, SOL).
  • Comply with applicable local laws and regulations regarding cryptocurrency transactions.
  • Not attempt to circumvent monthly purchase limits (10 cards for gifters; 3 cards for giftees).
  • Contact support to resolve disputes before taking legal or formal action.
  • Take responsibility for securing your own wallet and ensuring it is free of vulnerabilities or malware.

13. Taxes

Users are solely responsible for determining and fulfilling their tax obligations in their respective jurisdictions. Crypto Card does not provide tax advice and cannot be held liable for any tax obligations arising from the use of its services.

14. Fraud and Abuse

Any attempt to defraud Crypto Card, its users, or its partners (e.g., Stripe, Binance) will result in immediate suspension of the account and may be reported to relevant authorities. This includes, but is not limited to, false claims, identity theft, and circumvention of platform limitations.

15. Limitation of Liability

Crypto Card is not liable for losses due to incorrect wallet addresses, cryptocurrency price fluctuations, or failures of third-party services (e.g., Stripe, Binance). Crypto Card’s maximum liability is limited to the original purchase value of the gift card.

Crypto Card is also not responsible for temporary service unavailability due to maintenance or technical issues.

In no event shall Crypto Card, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Platform;
  • Any conduct or content of any third party on the Platform;
  • Any content obtained from the Platform;
  • Unauthorized access, use or alteration of your transmissions or content.

16. Dispute Resolution

For any disputes, users must first contact our support team for resolution within 3 business days. If the issue remains unresolved, disputes will be governed by the laws of France and handled by the courts of Montpellier.

17. Changes to Terms

Crypto Card reserves the right to modify these terms at any time. Users will be notified of material changes through one or more of the following methods:

  • Sending an email to the address associated with your account.
  • Posting a prominent notice on the Platform.
  • Displaying a notification within the Platform upon your next login.

Continued use of the service after such changes constitutes acceptance of the updated terms.

18. Fiat Conversion by Giftee

Once the gift card has been claimed and the cryptocurrency has been transferred to the giftee’s wallet, Crypto Card no longer has access to the funds or the private key associated with the wallet. The giftee has full control of the cryptocurrencies received and is responsible for their management.

If the giftee wishes to convert their cryptocurrency into fiat currency (e.g., EUR, USD), they can do so by using a cryptocurrency exchange of their choice, such as Binance or other similar platforms. The giftee must:

  • Create an account on a cryptocurrency exchange that supports fiat withdrawal (e.g., IBAN transfers).
  • Transfer the cryptocurrency from their personal wallet to the exchange platform.
  • Follow the exchange’s process to convert the cryptocurrency into fiat and withdraw it to their bank account.

Crypto Card does not manage or facilitate this process. It is entirely up to the giftee to choose an exchange and comply with its terms of service, fees, and processes.

Furthermore, the giftee is solely responsible for ensuring compliance with the tax laws and financial regulations of their country when converting and withdrawing funds. Crypto Card is not liable for any legal or financial obligations incurred by the giftee during this process.

19. CryptoCard Wallet Application

The CryptoCard Wallet application is provided as a minimalistic interface designed to allow giftees to track the potential value growth of their gift over time. The application is not a custodial wallet and does not hold or store funds. Instead, it acts as a proxy interface for a real blockchain wallet created at the time of claiming the gift card, should the giftee choose the assisted wallet creation option.

If the giftee opts for assisted wallet creation, a blockchain wallet is generated during the claim process. This wallet is entirely non-custodial, and the private key is generated client-side (on the user's browser or device). CryptoCard does not have access to the private key or the funds stored in the wallet at any time.

The CryptoCard application allows the giftee to:

  • View the current balance of their wallet in cryptocurrency and its approximate value in fiat currency.
  • Track the historical evolution of the cryptocurrency’s value over time to assess potential gains or losses.
  • Optionally move funds to another wallet at any time for enhanced security or personal convenience.

It is important to note that the CryptoCard Wallet application is not intended to be a full-featured wallet for managing cryptocurrencies. Users are strongly encouraged to transfer their funds to a dedicated and secure wallet of their choice if they wish to access advanced wallet features or ensure long-term security.

CryptoCard is not liable for any loss of funds resulting from the use of the application, the theft or loss of the private key, or any unauthorized access to the wallet. The giftee assumes full responsibility for securing their private key and managing their funds.

If you have any questions about these Terms of Service, please contact our Support team at support@cryptocard.gift.