Terms of Service

1. Acceptance of Terms

By creating an account, clicking to accept, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and all terms incorporated by reference. If you do not agree, you must not access or use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. You represent and warrant that you are not located in, a resident of, or otherwise subject to the laws of any jurisdiction that is subject to comprehensive sanctions, and that you are not on any applicable sanctions or restricted-parties list (including lists maintained by the U.S. Office of Foreign Assets Control (OFAC)). You may not use the Service if doing so is prohibited under the laws applicable to you. We may restrict or deny access from any jurisdiction at our discretion.

3. Description of Service

Asher Card is a crypto payments application designed to let eligible users spend stablecoins and other supported digital assets. The Service is intended to offer, over time, features including a payment card, cryptocurrency on- and off-ramps, and bill pay. The Service is presently offered in early access / sandbox form, and some or all features may be simulated, limited, or unavailable.

Card issuing and the associated payment rails are provided by Rain and its banking and Visa network partners, not by Asher Card. Where card, banking, or settlement functionality is offered, it is subject to the separate terms, eligibility requirements, and approvals of Rain and its partners. Asher Card is not a bank, money transmitter, broker-dealer, investment adviser, or exchange, and does not take custody of your funds except as expressly described in applicable service terms.

4. Not Financial Advice

The Service, including any content, tools, illustrations, or data it displays, is provided for general informational purposes only and does not constitute financial, investment, legal, accounting, or tax advice, nor a recommendation to buy, sell, or hold any asset. You are solely responsible for your own decisions. You should consult qualified, licensed professionals before making any financial decision. Any illustrative statistics or projections are hypothetical and are not a promise or guarantee of any result.

5. Crypto & Market Risks

Digital assets are highly volatile and their value can rise or fall significantly over short periods. You acknowledge and accept the following risks, among others:

• Volatility. The value of cryptocurrencies and stablecoins may fluctuate or lose value, including due to loss of a peg.
• Irreversibility. On-chain transactions are generally irreversible. Transactions sent to the wrong address or network may be permanently lost and cannot be recovered by us.
• No insurance. Cryptocurrency is not legal tender, is not backed by any government, and is not FDIC- or SIPC-insured. You may lose the entire value of your assets.
• Technology risk. Blockchains, smart contracts, wallets, and third-party infrastructure may fail, be delayed, be exploited, or be attacked.
• Regulatory risk. Laws and regulations affecting digital assets are evolving and may adversely affect the Service or your ability to use it.

You use the Service and transact in digital assets entirely at your own risk.

6. Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials, wallet keys, recovery phrases, and any device used to access the Service, and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to keep it updated. You must promptly notify us of any unauthorized access or suspected security breach. We are not liable for any loss arising from your failure to safeguard your credentials or keys. Self-custodied assets remain your responsibility; we cannot recover lost keys or recovery phrases.

7. Acceptable Use / Prohibited Activities

You agree not to use the Service to engage in, facilitate, or promote any of the following:

• Fraud, deception, or misrepresentation of any kind;
• Money laundering, terrorist financing, or evasion of sanctions or export controls;
• Transactions involving sanctioned persons, entities, or jurisdictions;
• The purchase or sale of illegal goods or services, stolen property, or contraband;
• Infringing intellectual property or violating the rights of others;
• Unauthorized access, scraping, reverse engineering, or interference with the Service or its security;
• Any activity that violates applicable law or regulation.

We may investigate suspected violations and cooperate with law enforcement, and we may suspend or terminate access for any actual or suspected violation.

8. Third-Party Services

The Service relies on and integrates with third parties, including Rain (card issuing and payment rails), Visa and its network, banking and settlement partners, blockchain networks, wallet providers, and other vendors. Your use of those third-party services may be governed by their own terms and privacy practices, and their availability, fees, and features are outside our control. We do not endorse and are not responsible for the acts, omissions, products, or content of any third party. Your dealings with third parties are solely between you and them.

9. Fees

Certain features of the Service may be subject to fees, which may include network (gas) fees, conversion or spread charges, card or interchange-related fees, and fees assessed by Rain or other third parties. Applicable fees will be disclosed to you before you complete a transaction where practicable. You are responsible for all fees, taxes, and charges arising from your use of the Service. Fees may change; continued use after a change constitutes acceptance of the updated fees.

10. KYC / AML & Compliance

To comply with applicable law and the requirements of our partners, access to certain features (including any card or fiat on/off-ramp functionality) may require identity verification. You agree to provide accurate information and documentation for know-your-customer (KYC), anti-money-laundering (AML), and sanctions-screening purposes, and you authorize us and our partners (including Rain and its banking partners) to verify your identity and screen your transactions. We may refuse, limit, delay, freeze, or report activity, or decline to provide the Service, where required to meet legal or compliance obligations.

11. Intellectual Property

The Service and all associated content, software, designs, text, graphics, logos, and trademarks are owned by or licensed to Asher Card and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service except as expressly permitted. All rights not expressly granted are reserved. Third-party marks (including Rain and Visa) are the property of their respective owners.

12. Disclaimers & “AS IS”

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that any defects will be corrected. Because the Service is in early access, it may contain bugs and may change or be discontinued at any time. You acknowledge that any reliance on the Service is at your own risk.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASHER CARD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR DIGITAL ASSETS, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Asher Card and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Service, your violation of these Terms, your violation of any law or the rights of any third party, or any transaction you conduct through the Service.

15. Suspension & Termination

We may suspend, restrict, or terminate your access to the Service, in whole or in part, at any time and for any reason, including if we believe you have violated these Terms, to comply with law or a partner’s requirements, or to protect the Service or other users. You may stop using the Service at any time. Upon termination, the licenses granted to you cease, and any provisions that by their nature should survive (including Sections 4, 5, and 11 through 17) will survive.

16. Changes to Terms

We may modify these Terms from time to time. When we make material changes, we will update the “Last updated” date above and may provide additional notice. Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Service.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the United States and the State of Delaware, without regard to its conflict-of-laws principles. Please read this section carefully — it affects your legal rights.

Binding arbitration. Except for claims that qualify for small-claims court or for injunctive relief to protect intellectual property, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court. Arbitration will be administered under the rules of a recognized arbitration provider, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and Asher Card agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.

If any portion of this Section is found unenforceable, the remainder will remain in effect to the extent permitted by law.

18. Contact

If you have questions about these Terms, contact us at legal@ashercard.com.