Crypto Card T&Cs
This document outlines the Terms and Conditions (the "Terms") governing the use of the Tothemoon Crypto Card promoted by Cypher Trading UAB, a company registered in Lithuania with a registered address at Lvivo g. 105A-101, LT-08104 Vilnius, Lithuania and its affiliates ("Tothemoon"), and issued by Unlimint EU Ltd with a registered address at 125, Georgiou Griva Digeni, Limassol, 3101, Cyprus, licensed and regulated by the Central Bank of Cyprus as an Electronic Money Institution with license number 115.1.3.7/2018 (the "Issuer"). The Card is designed to offer a seamless, secure, and innovative way to make purchases and withdraw cash using your virtual assets holdings.
By applying for, activating, or using the Card, you (the "User") acknowledge that you have read, understood, and agreed to be bound by these Terms, including any future modifications. Please take the time to read and understand these Terms before using these services so that you are aware of your legal rights and obligations. If you do not agree to these Terms, you must not use the Card. These Terms constitute a legally binding agreement between you and us, governing your access to and use of the Card.
The Card is a EUR-denominated debit card under the Mastercard network, available exclusively to residents of the European Economic Area (EEA) (the "Card"). The Card facilitates the direct conversion of selected virtual assets to fiat currency (EUR) for the purpose of conducting online and offline purchases and ATM withdrawals within predefined limits (the "Services"). The Services doesn’t offer personal IBANs for Users.
Tothemoon reserves the right to modify these Terms at any time. Such changes will be communicated to Users through the official website https://tothemoon.com/ (the "Website") or the "Tothemoon GO" mobile application available in the App Store and Google Play (the "Mobile App") and will take effect immediately unless stated otherwise. Continued use of the Card after any changes indicates your acceptance of the new Terms.
For any inquiries or support needs related to the Card, Users should contact Tothemoon Support by sending an email to support@tothemoon.com or by accessing the support functionality within the Website and/or Mobile App.
DEFINITIONS AND INTERPRETATIONS
2FA (Two-Factor Authentication): An additional security mechanism that requires two different authentication methods to verify the User's identity for login or Transaction authorization. This method significantly enhances security by combining something the user knows (password) with something the user has (SMS code, authentication app).
ATM (Automated Teller Machine): A specialized electronic banking machine that allows Users to withdraw cash from their Cards.
Authorization Hold: A temporary freeze placed on a portion of the funds in your Spot Wallet, initiated by a Merchant's payment request to ensure that sufficient funds are available to cover the cost of a Transaction. This hold impacts your available balance until the Transaction is fully processed or the hold is released.
Card: a debit card issued by the Issuer, denominated in EUR that enables Users to conduct Transactions using Eligible Virtual Assets held on Tothemoon Platform, specifically for the payment of goods and services, and cash withdrawals at ATMs.
Card Currency: Euro (EUR).
Card Network: Mastercard. The Card operates within the Mastercard network, facilitating a wide acceptance for transactions across both online and offline Merchants and ATM withdrawals globally.
Chargeback: A process initiated by the User to contest a Transaction processed through the Card and seek reversal of the charge, typically in cases of dispute over the Transaction's validity or satisfaction with goods or services received, in accordance with Mastercard's dispute resolution procedures.
Eligible Virtual Asset: Designated virtual or digital assets approved by Tothemoon for use with the Card for conducting Transactions, subject to Tothemoon's discretion and applicable regulatory standards.
Fees: Charges associated with the use of the Card and Services, which may include transaction fees, service fees, currency conversion fees, and other applicable charges as detailed in these Terms.
IBAN (International Bank Account Number): A standard international numbering system developed to identify bank accounts across countries to facilitate the processing of cross-border transactions.
Limits: Set thresholds for the value and frequency of Transactions conducted with the Card, including spending limits and withdrawal limits, established to manage risk, ensure regulatory compliance, and protect Users from unauthorized usage.
Merchant: Businesses or individuals that accept payments processed through the Card Network for goods and services, enabling Users to use their Cards for Transactions worldwide.
Mobile App: Tothemoon's proprietary mobile application, accessible via the App Store for iOS devices and Google Play for Android devices, through which a User can access and manage their Spot Wallet, Cards, and associated services.
Personal Data: Any information relating to an identified or identifiable natural person as defined by applicable data protection laws.
Physical Card: A tangible, plastic version of the Card that can be used for in-person Transactions at Merchants and for withdrawing cash at ATMs.
PIN (Personal Identification Number): A unique code provided to the User of the Card for the purpose of securely authorizing Transactions.
Platform: The collective term for Tothemoon's digital infrastructure, including the Mobile App, Website, and any associated services, through which users can access their Spot Wallet, manage their Card, and utilize the other services.
Services: The functionalities offered by Tothemoon and the Issuer, including facilitating online and offline purchases and enabling ATM withdrawals, through the use of the Card within the Card Network.
Spot Wallet: A digital wallet feature within the Platform where Users can store, manage, and transact with their Eligible Virtual Assets and other virtual assets.
Support: The customer service and support provided by Tothemoon to assist users with inquiries, issues, or disputes related to the use of the Card and Services accessible at any time at support@tothemoon.com.
Transaction: Financial operations conducted with the Card, limited to the payment for goods and services at Merchants and cash withdrawals at ATMs.
Virtual Card: A digital version of the Card, stored within the App, which can be used for online transactions and, through certain mobile payment systems, for in-store purchases.
Website: The official website of Tothemoon, accessible at https://tothemoon.com/
ELIGIBILITY AND APPLICATION
Eligibility Criteria
To be eligible for the Card, applicants must:
Be at least 18 years of age.
Be a resident within the European Economic Area (EEA).
Have an active account with Tothemoon.
Have successfully completed the required Know Your Customer (KYC) level as determined by Tothemoon, which includes providing all necessary documentation and information as requested.
Agree to these Terms and any other agreements required as part of the application process.
Each User is permitted to have only one Card under these Terms. If you already have an active Card, you will not be eligible to apply for a new Card.
The Issuer reserves the unilateral right to decline any application for the Card from individuals who are currently clients of the Issuer, possess an account opened with the Issuer, or already hold another card issued by the Issuer.
Application Process
Application Submission: To apply for the Card, eligible Users must submit an application through the Tothemoon GO mobile application. The application will require personal information, including but not limited to full name, date of birth, address, personal identification number or passport information, mobile number, and information about the purpose and intended nature of the business relationships.
Card Type: Users may be provided with the option to request a virtual representation of the card (a "Virtual Card") or a physical plastic card (a "Physical Card") (if available). Unless otherwise expressly provided herein, Users are entitled to the same rights and obligations under these Terms, irrespective of whether a Physical Card or Virtual Card is used.
Documentation and Verification: Applicants must provide the necessary documentation to satisfy KYC and anti-money laundering (AML) requirements. This may include a government-issued ID, proof of address document, residence permit, proof of source of funds and other relevant documents. Tothemoon reserves the right to request additional documentation or information as necessary to verify the applicant's identity and eligibility.
Approval and Issuance: Applications are subject to review and approval by Tothemoon and the Issuer. Approval is at the sole discretion of Tothemoon and the Issuer, and applicants will be notified of the decision through the Tothemoon GO mobile application. We reserve the right to reject any application, suspend or terminate card usage, or modify the eligibility criteria at our sole discretion. Upon approval, Virtual Card details will be made available to the User through the Mobile App, and a Physical Card (if applicable) will be dispatched to the User's registered address.
KYC Compliance
All applicants are required to comply with the KYC procedures as established by Tothemoon and the Issuer. This includes providing accurate and up-to-date information and documentation as part of the application process and any future requests for information or documentation updates.
Failure to comply with KYC requirements may result in application denial, account suspension, or card cancellation.
Your information may be subject to confidential verification checks by Tothemoon, the Issuer, or through third-party services. You hereby authorize such checks, understanding they are crucial for maintaining the security and regulatory compliance of the Services provided.
You must ensure that any information provided to Tothemoon, the Issuer, or any of third-party service providers, is always accurate and up to date. Should we believe that your information is outdated or inaccurate, we may request from you the updated information. Failure to provide the required information or complete any step of the verification process may result in your inability to use the Card.
Consent to Terms and Policies
By submitting an application for the Card, the applicant expressly consents to these Terms, the Tothemoon Privacy Policy (https://tothemoon.com/faq/privacy-policy-43000509203), the Privacy Notice of the Issuer (https://www.unlimit.com/privacy-policy/), and agrees to abide by all terms, conditions, policies, and procedures as communicated to the User. This consent includes any future modifications to these documents. The User acknowledges that it is their responsibility to review these documents regularly to stay informed of any changes.
CARD USAGE
Activation
Upon Card approval and issuance, you are required to activate the Card through the Tothemoon GO mobile application. During the activation process, you will be required to set up a static password for your Card, which may be changed at any time through the mobile application. Additionally, a PIN (Personal Identification Number) will also be generated and sent to you via SMS by the Issuer. You may request the Issuer to generate a new PIN for your Card through the Mobile App.
To complete the activation process, you must designate a specific virtual asset available in your Spot Wallet to be used for settlements of your Card Transactions (the "Eligible Virtual Asset"). Please note that Tothemoon supports a limited number of Eligible Virtual Assets that can be linked to your Card. You must ensure that there is a sufficient balance of the Eligible Virtual Asset in your Spot Wallet to cover Transactions and applicable Fees.
You acknowledge that your use of the Services does not result in the opening of a personal IBAN for you. Additionally, there is no separate Card account balance maintained. The Card is directly linked to the User's Spot Wallet on the Tothemoon Platform, thereby eliminating the necessity for Users to transfer funds to a separate Card account for usage.
Permitted Usage
The Card is a debit card, denominated in EUR (the "Card Currency"), and operates within the global Mastercard network (the “Card Network”). You may use the Card worldwide exclusively for the following permitted purposes:
the payment of goods and services, and
for cash withdrawals at ATMs (collectively referred to as "Transactions").
The Card is not a credit card or a gift card. It is critical to understand that the Card does not connect to, nor does it constitute, a savings or checking account. The Card is a standalone financial instrument for executing Transactions within the Card Network.
You understand and agree that the Card does not support card-to-card or account-to-account transfers and does not provide overdrafts, credit facilities, interest earnings, or cashback rewards.
You may use the Card to pay for goods and services at locations that accept the Card Network, including both online purchases and transactions at point-of-sale terminals. To complete a purchase, follow the instructions provided on the relevant website or terminal, which may require entering the Card’s details (card number, expiry date, and CVC number) or your Card PIN.
The Card enables cash withdrawals from ATMs within the Card Network. To perform a withdrawal, adhere to the ATM’s instructions, which typically involve entering your Card PIN. Be aware that such withdrawals are subject to predefined Limits, and attempts to exceed these Limits will not be authorized.
Should you opt for currency conversion services offered by the ATM provider, please note that neither the Issuer nor Tothemoon bears any liability for the conversion rates applied. Additionally, the ATM provider may impose its own fees for withdrawals, over which we have no control or liability.
The Card’s acceptance is limited to Merchants and ATM providers that participate in the Card Network. Transactions exceeding the current balance of the Eligible Virtual Asset in your Spot Wallet, or those that would breach the established Limits, will not be authorized by the Issuer.
If you intend to use your Card for recurring Transactions, it is your responsibility to diligently monitor the balance of your Spot Wallet and ensure the availability of sufficient Eligible Virtual Assets to cover such Transactions. Tothemoon disclaims any responsibility for the decline of recurring Transactions attributable to your failure to maintain an adequate balance in your Spot Wallet to meet these obligations.
Users may have the option to integrate their Cards with digital wallet services, including Apple Pay and Google Pay (if available). This feature allows for enhanced convenience and security, enabling contactless payments and streamlining transactions across various platforms. The ability to add the Card to digital wallets is subject to compatibility and may require following specific instructions provided within the Mobile App or the digital wallet services' platforms.
Users choosing to link the Cards with Apple Pay or Google Pay acknowledge and agree to abide by the terms and conditions set forth by these digital wallet providers in addition to those stipulated by Tothemoon. It is the User's responsibility to ensure compliance with all applicable terms and safeguard the security of their Card information when using digital wallet services.
The use of the Card for illegal transactions or activities is strictly prohibited. This includes, without limitation, involvement in money laundering, terrorism financing, fraudulent activities, or any transactions that contravene sanctions laws. Users are obligated to ensure all Transactions conducted with the Card comply with applicable laws and regulations, avoiding any actions that might implicate the Card in unlawful activities.
By applying for the Card, Users explicitly acknowledge and agree to abide by these restrictions, thereby confirming that the Card will be used strictly in accordance with the outlined guidelines and applicable legal frameworks. Any breach of these conditions constitutes grounds for immediate suspension or termination of Card privileges, without prejudice to any other rights the Issuer or Tothemoon may have. Furthermore, such violations may expose the User to legal investigation and potential penalties, underscoring the importance of adhering to these Terms to maintain uninterrupted and lawful use of the Card.
Settlement
You hereby grant Tothemoon and the Issuer explicit authorization to debit Eligible Virtual Assets in your Spot Wallet under the following circumstances:
Receipt of Transactions: Upon receipt of any Transaction related to your Card from the Card Network. You acknowledge and agree that Tothemoon and the Issuer retain the right to adjust the amount of Eligible Virtual Assets debited from your Spot Wallet to account for applicable foreign exchange variances, customary industry-type fees, or other charges relevant to such Transactions.
Incurrence of Fees: When any Fees are incurred in connection with the use of your Card.
Regulatory and Risk Management Actions: In instances where Tothemoon and/or the Issuer, at their sole and absolute discretion, undertake regulatory or risk management actions to comply with applicable laws or regulations, or to ensure the security and safety of your funds.
Regulatory and Risk Management Actions: In instances where Tothemoon and/or the Issuer, at their sole and absolute discretion, undertake regulatory or risk management actions to comply with applicable laws or regulations, or to ensure the security and safety of your funds.
Corrections of Erroneous Credits: If your Spot Wallet balance is erroneously or mistakenly credited, Tothemoon will provide you with a notice of such correction.
You are prohibited from engaging in Transactions that result in exceeding the available balance of Eligible Virtual Assets in your Spot Wallet, thereby creating a "negative balance". However, should any Transaction inadvertently cause your Spot Wallet balance to become negative, you shall incur full liability for the resultant negative balance and any associated transaction Fees.
We reserve the right to invoice you for any negative balance incurred, demanding immediate settlement of the owed amount and related Fees and/or to recoup the negative balance by debiting any other virtual assets held within your Spot Wallet on the Tothemoon Platform.
Merchants may request authorization in advance for Transactions made with your Card. This process involves estimating the final value of the Transaction and requesting us to set aside the estimated funds. Upon receiving a Merchant’s authorization request, we commit to making the specified funds available upon the Transaction's final settlement. Consequently, we will place a temporary hold on your Eligible Virtual Assets held in your Spot Wallet for the amount corresponding to the amount in the Card Currency indicated by the Merchant.
Should you authorize a Transaction but subsequently fail to complete the purchase as anticipated, the initial authorization may trigger a hold on the amount of funds specified. The funds subject to an Authorization Hold will remain inaccessible for other uses until the Transaction is completed and finally settles or the hold is released.
You acknowledge and accept full responsibility for any Transactions authorized with your Card, understanding the implications of Authorization Holds and the commitment of funds.
When a User makes a Transaction with the Card in the Card Currency, the Transaction amount is converted into the corresponding amount of Eligible Virtual Asset, which, along with any applicable Fees, is directly debited from the User's Spot Wallet.
The conversion of Eligible Virtual Assets to Card Currency is executed at rates determined by Tothemoon, reflecting real-time market conditions on the Tothemoon Platform at the time of the Transaction.
When a User makes a Transaction with the Card in a currency other than Card Currency, the following two-step conversion process applies:
The Transaction amount in the foreign currency (e.g., USD) is initially converted to the Card Currency. The conversion rate applied for this step is determined by the Issuer according to the rates applicable at the time of the Transaction's processing.
Following the conversion of the Transaction amount to Card Currency, the corresponding amount is then used to determine the quantity of Eligible Virtual Assets to be debited from the User's Spot Wallet, as described in clause 3.3.1 hereof.
By engaging in Transactions, you acknowledge and agree to the application of conversion rates of Tothemoon and the Issuer. You accept that these rates are subject to change based on the policies of Tothemoon and the Issuer, respectively.
You acknowledge that the conversion process is subject to fluctuations in the global currency exchange market, and the rate applied to a specific transaction may differ from rates observed at the time of the transaction due to market dynamics. Tothemoon and the Issuer endeavor to apply rates that are competitive and align with prevailing market rates at the time of processing.
You agree to variations in the transaction amount resulting from these conversions, understanding that such variations are inherent to the dynamic nature of currency and virtual asset market rates.
For Transactions where the exact amount is unknown at the time of authorization (e.g., payments at hotels or fuel stations), no User’s funds will be blocked unless the User authorizes a specific amount to be blocked. Tothemoon and the Issuer commit to releasing any blocked funds without undue delay upon determining the exact amount of the payment Transaction and immediately after receiving the relevant payment order.
Mobile App
Users can manage their Cards through the Mobile App, which offers a range of functionalities including the ability to:
Apply for the Card.
View the Card credentials (card number, expiry date, and CVC number).
Link the Eligible Virtual Asset with the Card and view the current balance.
Access the Card Transaction history.
Request a change of the Card PIN.
Change the Card's static password.
Block the Card in case of loss or unauthorized use.
You understand that the current balance of the Eligible Virtual Asset linked to your Card can only be accessed through the Mobile App. You will not have the ability to view this balance through ATM functionality or any other means.
Tothemoon grants Users a limited, non-transferable, non-exclusive license to use the Mobile App, as owned by or licensed to Tothemoon, on the User's device solely for personal purposes, subject to these Terms. The functionality of the Mobile App may be updated or modified at Tothemoon's discretion without prior notice. All rights not expressly granted herein are reserved by Tothemoon.
You acknowledge and agree that you are solely responsible for the following, at your own expense:
Installing necessary hardware, software, and communication services required for the use of the Mobile App in compliance with these Terms.
Protecting your device from unauthorized access, security threats, or vulnerabilities associated with the use of the Mobile App.
Installing updates for the Mobile App and your device to ensure continued security and functionality of the Services.
Users bear sole responsibility for any access to and use of the Mobile App and Services through their device, even if such access was without the User's knowledge, authority, or consent. Tothemoon and the Issuer disclaim liability for any loss or damage resulting from unauthorized use of the Mobile App.
In the event of loss, theft, or unauthorized access or use of the User's device, the User must immediately notify Tothemoon by contacting Support at support@tothemoon.com. This prompt notification helps mitigate potential misuse of the Mobile App and the Card.
Card Blocking
Users may immediately block their Cards via the Mobile App in case of loss, theft, or unauthorized use. This preventive measure is designed to safeguard the User's financial assets and prevent potential misuse of the Card.
Once the Card is blocked, it will be rendered inactive, preventing any further Transactions. This includes but is not limited to, payments for goods and services and cash withdrawals.
You understand that once the Card is blocked, this action is final and irreversible. The blocked Card cannot be reactivated under any circumstances.
Should the User wish to continue using the Services after blocking a Card, a new application must be submitted through the Mobile App for the issuance of a replacement Card. This process is subject to the standard application review and approval procedures as outlined in the Application Process provision.
Eligible Virtual Assets associated with the blocked Card will not be blocked or otherwise made inaccessible as a result of the Card being blocked. Users retain full access to and can continue to manage their virtual assets via the Tothemoon Platform without interruption.
Users are encouraged to act promptly in blocking their Card through the Mobile App upon any suspicion of loss, theft, or unauthorized use to mitigate potential risks and secure their financial assets. It is the User's responsibility to ensure that all necessary measures are taken to protect their Card and associated assets.
Following the blocking of a Card, Users are advised to notify Support immediately, providing details of the incident to assist in further securing the User's account and to expedite the process of issuing a replacement Card, if necessary.
FEES AND LIMITS
Fees
Your use of the Services is subject to certain fees ("Fees"), which will be automatically debited from your Spot Wallet in the form of Eligible Virtual Assets. By utilizing the Card, you agree to pay all Fees incurred in connection with your Transactions. These Fees may vary based on the type, currency, and geographic location of the Transaction.
In the event that there is an insufficient amount of Eligible Virtual Assets in your Spot Wallet to cover the applicable Fees, Tothemoon reserves the right to suspend the Services until all outstanding Fees are fully settled. Furthermore, you hereby authorize Tothemoon to debit other virtual assets held in your Spot Wallet to cover any unpaid Fees, should the Eligible Virtual Assets balance be insufficient.
The list of applicable Fees is always available on the Website https://tothemoon.com/faq/what-are-the-transaction-fees-for-the-Tothemoon-card-43000729456 and in the “Help and Support” > FAQ section of the Mobile App. Please note that all Fees are exclusive of any applicable taxes, and the actual Fee charged will be accordingly adjusted to encompass any such taxes.
Limits
The Services impose specific limits ("Limits") for each type of Transaction. The Issuer will not authorize any Transaction that exceeds the Limits and such Transactions will be automatically declined. You commit to adhering to the Limits and acknowledge that continued attempts to exceed them may result in suspension of the Services to you.
The list of applicable Limits is always available on the Website https://tothemoon.com/faq/what-are-the-limits-43000729459 and in the “Help and Support” > FAQ section of the Mobile App.
In addition to setting specific transaction Limits as previously outlined, we explicitly reserve the right, at our sole discretion, to limit your use of the Card. This encompasses the authority to limit or prohibit certain types of Transactions based on our assessment of risk, regulatory compliance, or security considerations.
Changes
Tothemoon and the Issuer reserve the exclusive right to modify the Fees and Limits at any time, at their sole discretion. Such modifications may reflect changes in market conditions, regulatory requirements, or operational needs. Changes to Fees and Limits will be communicated through the Website and/or the Mobile App, and your continued use of the Services post-modification implies acceptance of these changes.
We encourage Users to regularly review the "Fees and Limits" section to stay informed of any updates.
SECURITY AND UNAUTHORIZED USE
User Responsibilities
Safeguarding Card Information: You bear the sole responsibility for ensuring the confidentiality and security of your Card information, including the card number, expiry date, CVC number, and PIN. Under no circumstances should these details be disclosed to anyone.
Securing Access to the Mobile App: You must secure access to the Mobile App and your mobile device with a strong password or biometric verification and do not share your login credentials with others. You are strongly advised to regularly monitor your Spot Wallet and Transaction history for any unusual activity.
Two-Factor Authentication (2FA): We strongly recommend enabling 2FA for an added layer of security during login and Transaction confirmations.
Prompt Reporting of Unauthorized Use: In the event of loss, theft, unauthorized disclosure of your card details, or any unauthorized Transactions on your account, you must immediately notify Tothemoon by contacting our Support at support@tothemoon.com. Prompt reporting is crucial in minimizing your potential liability for unauthorized Transactions.
Security Measures
Monitoring and Alerts: Tothemoon employs sophisticated monitoring systems to detect unusual activity on your account. We may issue alerts or temporarily block Transactions pending verification from you if suspicious activity is detected.
Card Blocking and Replacement: Upon notification of loss, theft, or unauthorized use, Tothemoon will immediately block your card to prevent further unauthorized transactions. You may request a replacement card through the Mobile App, subject to verification and applicable Fees.
Fraud Investigation: Tothemoon will investigate any reported unauthorized Transactions. If an investigation confirms unauthorized use, efforts will be made to reverse the Transactions and restore your Eligible Virtual Assets balance in accordance with applicable laws and regulations.
Liability
Limited Liability: Your liability for unauthorized Transactions may be limited provided you promptly report the issue to Tothemoon. The extent of your liability will be determined in accordance with applicable laws and regulations, taking into account the timeliness of your report and the nature of the unauthorized use.
Negligence: If unauthorized use results from your negligence (e.g., sharing Card details or failing to report loss or theft in a timely manner), you may be held fully liable for the resulting Transactions.
CHARGEBACKS AND REFUNDS
Refunds
Users are eligible for refunds in cases where Transactions do not meet the terms of service or goods agreed upon with the Merchant, subject to the policies of the Issuer and applicable laws.
To request a refund, Users must contact the Merchant directly as the first course of action. It is advisable to retain all communication records with the Merchant as evidence of the refund request.
If the Merchant agrees to a refund, the amount will be credited to the User's Spot Wallet in the Card Currency, adjusted for any applicable transaction fees or currency conversion rates. You acknowledge and agree that the refund process may take up to 30 calendar days.
Users are encouraged to maintain comprehensive records related to the Transaction in dispute, including receipts, order confirmations, and any correspondence with the Merchant. These documents may be required to substantiate the refund request and facilitate the resolution process.
In instances where the Merchant is unresponsive or disputes the User's claim, Tothemoon may offer assistance in mediating the dispute. This support is contingent upon the User providing sufficient evidence to demonstrate the Transaction's non-compliance with the agreed terms.
It is the User's responsibility to initiate the refund request within a reasonable timeframe after discovering the grounds for the refund. Delayed requests may impact the likelihood of a successful refund.
Users acknowledge and agree that certain transactions may be exempt from refunds based on the nature of the goods or services, Merchant policies, or specific exceptions outlined in applicable laws.
Chargebacks
In the event of a dispute concerning the validity of any Transaction made with your Card, or if you wish to initiate a Chargeback, you must notify Tothemoon within 8 weeks from the Transaction date by contacting Support at support@tothemoon.com.Tothemoon will assist you in the resolution of the dispute and may direct your request to the Issuer and/or Card Network for further processing.
Users should provide detailed information regarding the disputed Transaction, including Transaction date, amount, Merchant details, and the nature of the dispute. Users must comply with the Card Network Rules in relation to such disputes or Chargeback requests.
Tothemoon and the Issuer reserve the right to investigate any disputed Transaction. This process includes reviewing Transaction details, verifying the authorization, and assessing the validity of the dispute claim. During any such investigation by Tothemoon, the Issuer, and/or the Card Network, you agree to fully cooperate by providing additional information and documentation as may be required.
If it is reasonably concluded from the evidence that a disputed Transaction resulted from your willful default, fraud, gross negligence, or non-compliance with these Terms, you authorize us to debit your Spot Wallet for the amount of the disputed Transaction, including any associated charges and fees.
Any fees incurred by Tothemoon, the Issuer, or Card Network in the processing of a dispute or Chargeback request may be deducted from your Spot Wallet balance or otherwise reclaimed from you. Such fees are non-refundable under any circumstances.
The decisions made by Tothemoon, the Issuer, and/or Card Network regarding any dispute or Chargeback request shall be final, conclusive, and binding on you, except as otherwise stipulated in the terms, conditions, rules, procedures, and guidelines issued by Card Network.
You acknowledge that Tothemoon, the Issuer, and the Card Network bear no liability to you in matters related to or arising from your dispute or Chargeback request. Additionally, we are not responsible for Transactions incorrectly executed by a Merchant's bank, as it is the Merchant’s bank’s liability to accurately transmit Transaction details to the Issuer.
REPRESENTATIONS AND WARRANTIES
By applying for and using the Card and any related services, you affirmatively represent and warrant to Tothemoon and the Issuer that:
Legal Age and Capacity: You are of legal age and have the legal capacity in your jurisdiction to enter into binding contracts. You affirm that you are not under any legal disability or restriction that might affect your ability to fulfill the obligations set forth in these Terms.
Compliance with Laws: Your use of the Card and Services will strictly adhere to all applicable local, national, and international laws and regulations, including but not limited to those related to anti-money laundering (AML), counter-terrorism financing (CTF), and financial sanctions. You warrant that you are not located in, under the control of, or a national or resident of any country subject to international government sanctions or embargoes.
Accurate Information: All personal and financial information provided to Tothemoon during the application process and throughout the duration of your use of the Services is, and will continue to be, true, accurate, and complete. You agree to promptly notify Tothemoon of any changes to such information.
Legitimate Transactions: You guarantee that all Transactions initiated with your Card are for legitimate purposes and do not involve the purchase of illegal goods or services, or any other activity that contravenes these Terms.
No Unauthorized Use: You have not and will not use the Card for unauthorized, fraudulent, or malicious activities, including but not limited to fraud, gambling, or supporting terrorism financing. You also warrant that you will not attempt to tamper with, hack, or otherwise misuse the Services.
Source of Funds: You affirm that all funds in your Spot Wallet originate from legitimate sources and that you have the right to use such funds in connection with the Card. You further represent that your use of the Card will not directly or indirectly contribute to money laundering or other illegal financial activities.
Ownership and Authorization: You confirm that you are the lawful owner of the Eligible Virtual Assets in your Spot Wallet and have full authority to conduct transactions using these assets. You acknowledge that Tothemoon reserves the right to request additional documentation to verify the legality and ownership of your funds at any time.
Tax Compliance: You are solely responsible for determining any tax implications related to your use of the Services. You warrant that you will comply with all relevant tax obligations, including reporting and payment, in your jurisdiction.
Tothemoon and the Issuer, as applicable, represent and warrant to the User that:
Authority and Compliance: They have the authority to offer the Card and associated services under these Terms and all such services will be provided in compliance with applicable laws and regulations.
Service Provision: They will use reasonable efforts to ensure that the Services are provided in a professional and efficient manner, consistent with industry standards.
Data Protection: They will adhere to applicable data protection laws in collecting, using, and disclosing any personal information provided by the User, ensuring the confidentiality and security of such information.
Both parties acknowledge that the representations and warranties made herein are fundamental to the agreement to engage in the Services provided by Tothemoon and the Issuer. Any breach of these representations and warranties may constitute grounds for immediate termination of the Services and potential legal action.
LIMITATION OF LIABILITY AND INDEMNIFICATION
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPLICITLY PROVIDED IN THESE TERMS. Tothemoon AND THE ISSUER EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES, OR ANY THIRD PARTY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO THE SERVICES AND ANY OTHER SERVICES PROVIDED INCIDENTAL TO THEM UNDER THESE TERMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, Tothemoon, THE ISSUER AND THEIR REPRESENTATIVES, AFFILIATES, OR PARTNERS SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH:
UNUSUAL OR UNFORESEEABLE EVENTS OUTSIDE OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS SUCH AS ACTS OF GOD OR PUBLIC ENEMY, WAR, TERRORIST ATTACK, INSURRECTION OR RIOT, FIRE, FLOOD, EXPLOSION, EARTHQUAKE OR LABOR DISPUTE CAUSING CESSATION, SLOWDOWN OR INTERRUPTION OF WORK, NATIONAL EMERGENCY, ACT OR OMISSION OF ANY GOVERNING AUTHORITY OR AGENCY THEREOF (INCLUDING GOVERNMENTS OR SUPRA-NATIONAL AUTHORITIES, WHETHER OFFICIALLY DECLARED OR NON-OFFICIALLY IMPOSED INCLUDING ANY LIMITATIONS, BANS OR RESTRICTIONS ON THE USE OF THE INTERNET AND OR MESSENGERS OR OTHER TECHNOLOGIES AND/OR MEANS OF COMMUNICATIONS), INABILITY AFTER REASONABLE ENDEAVORS TO PROCURE EQUIPMENT, DATA OR MATERIALS FROM SUPPLIERS (THE "FORCE MAJEURE EVENTS");
ANY DELAY, SUSPENSION, DISCONTINUATION, OR INTERRUPTION OF THE SERVICES;
ANY REJECTION OF THE CARD;
USE OF YOUR DEVICE AND THE SERVICES BY THIRD PARTIES, WHETHER AUTHORIZED OR UNAUTHORIZED BY YOU;
ANY THEFT OR LOSS OF YOUR DEVICE;
ANY FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS, OR INFORMATION SYSTEMS;
ACTS OR OMISSIONS OF THIRD PARTIES FOR WHOM Tothemoon AND THE ISSUER ARE NOT RESPONSIBLE;
DELAY, FAILURE, INTERRUPTIONS, OR UNAVAILABILITY OF THIRD-PARTY SERVICES;
REJECTION OR REVERSAL OF A TRANSACTION FOR ANY REASON;
YOUR INABILITY TO PERFORM ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN, OR NON-AVAILABILITY OF THE SERVICES;
MISUSE OR UNAUTHORIZED USE OF THE SERVICES;
ACTS OR OMISSIONS PERFORMED BY Tothemoon OR THE ISSUER REQUIRED TO COMPLY WITH ANY APPLICABLE LAW, COURT ORDERS, OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE CARD, THE SERVICES, YOUR Tothemoon ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
UNDER NO CIRCUMSTANCES SHALL Tothemoon, THE ISSUER AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND CONSULTANTS BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICES AND THESE TERMS. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, TRADING LOSSES, REGULATORY FINES AND PENALTIES, LOSS OF PROGRAMS OR INFORMATION, OR SIMILAR DAMAGES. THIS APPLIES IRRESPECTIVE OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY MAY BE ASSERTED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF Tothemoon AND THE ISSUER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Tothemoon'S AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SERVICES AND THESE TERMS EXCEED THE FEES YOU PAID TO Tothemoon FOR YOUR USE OF THE SERVICES DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.
Tothemoon SHALL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS, OR FAULTS ATTRIBUTABLE TO THIRD-PARTY SERVICE PROVIDERS ENGAGED BY Tothemoon. IN INSTANCES INVOLVING THIRD-PARTY SERVICE PROVIDERS, Tothemoon'S LIABILITY SHALL BE CONFINED TO EXERCISING REASONABLE DILIGENCE IN THE SELECTION, ENGAGEMENT, AND DIRECTION OF SUCH PROVIDERS. THIS LIMITATION DOES NOT EXTEND TO ANY SUBCONTRACTORS OR OTHER THIRD PARTIES THAT THESE SERVICE PROVIDERS MAY UTILIZE.
NOTHING IN THESE TERMS SHALL BE CONSTRUED TO LIMIT OR EXCLUDE ANY LIABILITY ARISING FROM FRAUDULENT ACTIVITIES OR GROSS NEGLIGENCE.
THE USER WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY COURT IN ANY SUIT, ACTION, OR PROCEEDING ON ANY MATTER ARISING IN CONNECTION WITH OR RELATED TO THE SERVICES PROVIDED UNDER THESE TERMS, OR THE ENFORCEMENT OF THESE TERMS. THE USER ACKNOWLEDGES THAT THIS WAIVER IS MADE KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITHOUT DURESS, AND AFTER THOROUGH CONSIDERATION OF THE CONSEQUENCES OF THIS WAIVER WITH LEGAL COUNSEL.
THE USER WAIVES ANY RIGHT TO ASSERT CLAIMS AGAINST Tothemoon AND THE ISSUER AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED AGAINST PUBLIC POLICY. IN THE EVENT THAT THE USER IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST Tothemoon OR THE ISSUER, THE FOLLOWING CONDITIONS SHALL APPLY: (1) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS' FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION, IRRESPECTIVE OF ANY OTHER PROVISION IN THESE TERMS; AND (2) THE USER WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR PARTICIPATE IN ANY RECOVERY OBTAINED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Tothemoon, THE ISSUER AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATING TO YOUR USE OR MISUSE OF THE CARD AND THE SERVICES, YOUR BREACH OF THESE TERMS INCLUDING ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS HEREIN, YOUR VIOLATION OF THE RIGHTS OF ANOTHER PARTY INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, AND YOUR CONDUCT IN CONNECTION WITH THE SERVICES. YOU FURTHER AGREE TO PROVIDE PROMPT, FULL, AND EFFECTIVE COOPERATION WITH Tothemoon AND THE ISSUER IN THE DEFENSE AND SETTLEMENT OF ANY CLAIM THAT FALLS WITHIN THE SCOPE OF THIS INDEMNIFICATION.
PRIVACY AND DATA PROTECTION
By using the Card and associated services, you acknowledge that you have read and understood our Privacy Policy. You consent to our collection, use, disclosure, and sharing of your Personal Data among ourselves, our affiliates, authorized service providers, and relevant third parties as necessary to effectively provide and enhance the Services offered to you. For more information regarding our processing of your Personal Data refer to our Privacy Policy https://tothemoon.com/faq/privacy-policy-43000509203.
Your Personal Data will be used strictly for purposes directly related to the facilitation and administration of the Services you engage with. This includes Transaction processing, customer support, service improvements, and compliance with legal obligations.
We limit the sharing of your Personal Data to parties who are involved in the provision of Services. This includes our affiliates, authorized service providers, and third parties, under strict confidentiality and security measures.
We are committed to protecting your Personal Data through appropriate technical and organizational measures, aiming to prevent unauthorized access, data breaches, and ensuring the integrity and confidentiality of your information.
You retain comprehensive rights regarding your Personal Data managed by us in accordance with the GDPR. This includes the right to access your personal data to verify its accuracy and the legality of its processing, correct any inaccuracies or incomplete information, delete your personal data under certain conditions, and other rights provided to you under GDPR. To exercise any of these rights, please contact us directly at support@tothemoon.com.
Our Privacy Policy may be updated from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We encourage you to review our Privacy Policy periodically.
ELECTRONIC COMMUNICATIONS
You acknowledge full responsibility for the security and authenticity of all instructions sent through the Mobile App. You agree to be bound by all such instructions, recognizing that we are entitled to assume that any instructions received from your device via the Mobile App are authorized by you. We are under no obligation to verify the origin of communications assumed to be sent by you.
You understand that instructions and information transmitted via the Mobile App typically pass through the internet, including public and transnational networks that may lack specific protections. Consequently, we cannot assure complete safeguarding of such instructions and information against unauthorized access. By using the Mobile App, you accept the inherent risks associated with electronic communication over such networks.
Instructions sent by you to us through the Mobile App are considered received only upon our successful retrieval of such instructions from the relevant system and subsequent confirmation of receipt to you.
In the event of disputes related to your use of the Services, our records concerning your use of the Services or performance of Transactions shall be deemed accurate, authentic, and conclusive. These records shall be binding on you for all purposes. Furthermore, such records shall be admissible as evidence in legal proceedings without the need for additional proof of authenticity or accuracy, in accordance with applicable laws.
TERMINATION AND SUSPENSION
You have the right to terminate your use of the Card and associated services at any time. To initiate termination, please contact Support at support@tothemoon.com with your request. Upon termination, any remaining balance of Eligible Virtual Assets in your Spot Wallet will be handled in accordance with your instructions, subject to applicable laws and our policies.
Tothemoon and the Issuer reserve the right to suspend or terminate your access to the Services immediately and without prior notice under certain conditions, including but not limited to:
Breach of Terms: Any violation of the terms and conditions of these Terms, misuse of the Services, engaging in fraudulent activities, or any behavior that could negatively impact Tothemoon, the Issuer, or other users. This includes breaches of the representations and warranties set forth herein.
Legal and Regulatory Compliance: To adhere to applicable laws, and regulations, and to comply with requests or orders from law enforcement agencies or courts.
Security Concerns: In response to potential security threats, unauthorized access, or significant data breaches that may impact your account or the integrity of the Services.
If your account shows extended periods of inactivity, we may initiate a review process and reserve the right to suspend or terminate your access to the Services. Prior to any decision to suspend or terminate due to inactivity, we will provide you with notice, allowing you the opportunity to re-engage with the Services or address any concerns. This measure is implemented to protect your account against unauthorized use and maintain the security of the Tothemoon Platform.
In the event of suspension or termination, we will endeavor to provide you with notice and an explanation for our actions, except where it may be impractical or unlawful to do so. You will be informed of any steps you can take to contest the decision or to comply with any conditions for reinstatement of the Services.
Upon termination, you will lose access to your Card and any Services associated with your account. You are responsible for any outstanding obligations owed to Tothemoon or the Issuer at the time of termination. We will settle any remaining balances in your Spot Wallet in accordance with our withdrawal procedures and applicable laws.
In the event of a suspension or termination of your access to the Services and the Card for any reason, you acknowledge and agree that you shall not be entitled to any form of payment, compensation, or damages from us. This principle applies irrespective of the reason for suspension or termination, recognizing that such actions are taken within our rights and discretion as outlined in these Terms.
The suspension or termination of your access to the Services or the Card does not absolve you of any liability or responsibility that has accrued up until the point of such suspension or termination. You remain accountable for all obligations and liabilities incurred through your use of the Services, including but not limited to outstanding Fees, charges, or any other financial commitments that were due prior to the suspension or termination.
The rights of suspension and termination reserved by the Issuer and Tothemoon under these Terms are exercised without prejudice to any other rights or remedies we may hold, whether provided under these Terms, established by law, recognized in equity, or otherwise available. The exercise of suspension or termination rights does not waive or limit our ability to seek other legal or equitable remedies for any breaches of these Terms or applicable laws.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any disputes or claims arising out of or in connection with it, its subject matter, or its formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Cyprus. By agreeing to these Terms, you acknowledge that the laws of Cyprus will govern any legal matters or disputes that may arise between you and Tothemoon, the Issuer, or any affiliated parties.
You agree that any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services provided hereunder shall be instituted exclusively in the competent courts of the Republic of Cyprus. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
Before filing a claim, we strongly encourage you to contact us directly at support@tothemoon.com to seek a resolution. We will make reasonable efforts to resolve any disputes informally before any legal action is initiated. If we are unable to resolve a dispute informally, you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Services shall be brought exclusively in the courts of Cyprus.
Notwithstanding the above, we reserve the right to consent to alternative dispute resolution methods, such as mediation or arbitration, under certain circumstances and at our sole discretion.
OTHER TERMS
Entire Agreement
These Terms constitute the entire agreement between you, on the one hand, and Tothemoon and the Issuer, on the other, with respect to this subject matter and supersede all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communications among the parties. Each party has relied upon any statement, representation, or warranty in agreeing to these Terms other than those expressly contained herein.
Amendment
We reserve the right to modify or replace these Terms at any time, at our sole discretion. We will provide notice of such changes by updating the date at the top of these Terms or by sending you a notification through the Mobile App or via email. Your continued use of the Services after any changes to the Terms indicates your acceptance of the new terms.
Assignment
The rights and licenses granted to you under these Terms are personal and unique to your relationship with Tothemoon and the Issuer. You are not permitted to transfer or assign these rights and licenses to another party under any circumstances.
Tothemoon and the Issuer retain the right to assign these Terms, along with any rights and licenses granted herein, without any restrictions. This includes the possibility of assignment to any affiliates or subsidiaries of Tothemoon or the Issuer, or to any successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets related to the Services you utilize.
Notices
By utilizing the Card, you hereby consent to the electronic receipt of all communications from Tothemoon, the Issuer, and any third-party service providers involved in the provision of the Services. Such communications may include, but are not limited to, notices, agreements, legally required disclosures, and other relevant information. These notices may be delivered through the following methods:
Email: Dispatched to the email address registered with your account or subsequently updated by you. The transmission date of the email will be regarded as the date of notice delivery.
SMS Message or Telephone Call: Sent to the mobile phone number associated with your account at registration or as later modified. The date of sending the SMS or making the telephone call will constitute the notice delivery date.
Website or Mobile App Posting: Notices may be published on the Website and/or in the Mobile app, with the posting date considered as the date of the notice.
It is your responsibility to maintain up-to-date contact details within your account to ensure the receipt of these notices. Your continued use of the Card signifies your acknowledgment and consent to receive notices electronically, satisfying any legal stipulation for written communication.
Waiver
No waiver under these Terms is effective unless explicitly stated in writing and signed by the party against whom the waiver is to be enforced. The failure or delay by any party in exercising any right, power, or privilege hereunder shall not operate as a waiver thereof, nor shall a single or partial exercise of any right, power, or privilege preclude any other or further exercise of that or any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and do not exclude any rights or remedies provided by law.
Severability
If any provision in these Terms is deemed to be or becomes invalid, illegal, void, or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties, it will be deleted, but the validity, legality, and enforceability of the remaining provisions of these Terms shall not be impaired or affected in any way.
Third-Party Rights
Except as otherwise expressly provided herein, nothing in these Terms shall confer or is intended to confer on any third party any benefit or the right to enforce any term of these Terms.