Terms of Service
Please read these terms carefully before using our services
These Terms of Service ("Terms") constitute a binding legal agreement between you ("you," "your," or "User") and Halocard LLC ("Halocard," "we," "our," or "us"), a Wyoming limited liability company, governing your access to and use of the Halocard platform, including our website, mobile applications, software, and related services (collectively, the "Platform" or "Services").
By accessing or using the Platform, you agree to be bound by these Terms, including provisions that limit our liability and require binding individual arbitration of disputes. If you do not agree to these Terms, you may not access or use the Platform.
1. ABOUT HALOCARD & SERVICES
1.1 Our Platform
Halocard operates a technology platform that enables users to create, manage, and control virtual and physical payment cards. Our Services include web-based and mobile applications for card management, tools for creating consumer and commercial virtual and physical cards, spending controls and transaction monitoring features, account funding through multiple payment methods, and integration with financial services partners.
1.2 Banking and Card Issuing Partners
Halocard is not a bank and does not provide banking services. We are a technology platform provider. All banking services, card issuance, and payment processing are provided by our partner financial institutions and licensed service providers ("Financial Partners").
Virtual and physical payment cards accessed through our Platform are issued by third-party financial institutions pursuant to licenses from card networks such as Visa or Mastercard. Your use of issued cards is governed by these Platform Terms of Service, separate Cardholder Agreements provided by the card issuer, card network rules and regulations, and applicable federal and state laws. In the event of any conflict between these Terms and a Cardholder Agreement regarding card usage, the Cardholder Agreement shall control.
1.3 Card Products
Halocard offers multiple card products with varying features and requirements. Card products may include secured credit cards where your available spending limit equals your loaded account balance, prepaid debit cards where you load funds and spend up to the loaded amount, and other card products as introduced and disclosed through the Platform.
The specific card product(s) available to you will depend on your account type, verification level, jurisdiction, and other factors determined by Halocard and our Financial Partners. Terms and features of each card product will be disclosed when you apply for or activate that specific card.
1.4 Changes to Services
We may modify, suspend, discontinue, or impose conditions on any aspect of the Services at any time, with or without notice. We may add or remove features, integrate with new Financial Partners, or change how the Platform operates. Your continued use of the Services after any such changes constitutes acceptance of those changes.
2. ACCOUNT ELIGIBILITY & REGISTRATION
2.1 Eligibility Requirements
To use the Halocard Platform, you must be at least 18 years of age (or the age of majority in your jurisdiction), have legal capacity to enter into binding contracts, provide accurate and complete registration information, not be located in or a resident of any jurisdiction where our Services are prohibited, comply with all applicable laws, regulations, and these Terms, and not have been previously suspended or terminated from using the Services. For business accounts, you must have authority to bind the business entity to these Terms.
2.2 Account Registration
To access the Services, you must create a Halocard account ("Account"). Account registration requires verification of your mobile phone number. During registration, you must provide accurate, current, and complete information.
For Individual Accounts, you must provide your mobile phone number (verified via SMS/text), full legal name, email address, residential address, date of birth, and government identification information as required.
For Business Accounts, you must provide a mobile phone number for the authorized representative (verified via SMS/text), business legal name and type, business address, tax identification number, business registration documentation, and information about authorized representatives and beneficial owners.
You agree to maintain the accuracy of this information and promptly update it when changes occur. Providing false, inaccurate, or misleading information, or failing to update your information, may result in suspension or termination of your Account.
2.3 Identity Verification
Federal law requires us to obtain, verify, and record information that identifies each person or entity that opens an account. This helps the government fight terrorism financing and money laundering activities. What this means for you: We will request information that allows us to verify your identity. Requirements vary based on your jurisdiction and the card product you request.
For U.S. Residents, you must provide one or more of the following: government-issued photo identification (driver's license, passport, state ID) and/or Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), along with proof of address documentation if required.
For Non-U.S. Residents, you must provide government-issued photo identification (passport, national ID card, driver's license) and proof of address documentation if required.
For Business Accounts (all jurisdictions), you must provide business formation documents (articles of incorporation, operating agreement, etc.), tax identification number (EIN, VAT number, or equivalent), beneficial ownership information (identity documentation for owners with 25% or greater ownership), and authorized representative identification. Additional documentation may be required based on your specific circumstances, account type, or card product requested.
Verification Process: We submit the information you provide to third-party Know Your Customer (KYC) and identity verification services. These services verify the authenticity of your information and screen against sanctions lists, watchlists, and fraud databases.
Halocard does not obtain credit reports, report to credit bureaus, or make inquiries with your bank or financial institutions. We only share your information as necessary for service delivery, fraud prevention, and legal compliance with third-party KYC and identity verification services, our Financial Partners (as required to provide card issuing and payment services), law enforcement and regulatory authorities (when required by law), and service providers assisting in fraud prevention and account security.
Note: Our Financial Partners (card issuers) may have their own verification, credit reporting, and information sharing practices governed by separate Cardholder Agreements and their privacy policies. We are not responsible for Financial Partners' data practices.
2.4 Verification Requirements by Product
Different Halocard card products may have different verification requirements. Some cards require enhanced Know Your Customer (KYC) procedures, while others may have streamlined processes. The specific verification requirements for your requested card product will be communicated during registration or product selection.
2.5 Ongoing Verification
We may request additional information or documentation at any time to comply with legal or regulatory requirements, verify ongoing eligibility, investigate suspected fraud or violations, or meet Financial Partner requirements. Your refusal to provide requested information may result in immediate suspension or termination of your Account and Services.
3. ACCOUNT MANAGEMENT
3.1 Account Funding
You may fund your Halocard account using payment methods approved and processed by our payment service providers. Available funding methods may include credit and debit cards, bank transfers (ACH, wire transfer), digital payment services (Apple Pay, Google Pay), international payment methods (SEPA, UK Faster Payments), and stablecoins and approved cryptocurrencies through our payment processor. The availability of specific funding methods may vary based on your location, account type, and other factors. We reserve the right to add, remove, or restrict funding methods at any time. Funding fees and settlement times vary by payment method.
You represent and warrant that: you own or are authorized to use any funding source connected to your Account, all funding transactions comply with applicable laws, and you will not use the Platform to facilitate money laundering, terrorist financing, or other illegal activities. We may require documentation proving ownership or authorization before accepting funds.
3.2 Failed or Disputed Funding
If a funding transaction fails, is reversed, or is disputed (including chargebacks, ACH returns, or payment processor disputes), we may suspend or restrict your Account immediately, recover amounts from other funding sources or future deposits, charge applicable fees, terminate your Account for repeated funding failures, and report fraudulent activity to appropriate authorities. You remain liable for all outstanding obligations even if funding fails or is reversed.
3.3 Transaction History and Records
We provide access to your transaction history through the Platform's web interface and mobile applications. Transaction confirmations serve as your receipts. Summaries of account activity, including statements, are available through your Account for at least one year of activity.
Your Responsibilities: You are solely responsible for compiling and retaining permanent records of all transactions and account data, reconciling transactional information associated with your Account, reviewing your Account regularly for accuracy, and reporting errors or unauthorized activity immediately. If you believe there is an error or unauthorized activity associated with your Account, you must contact us immediately at [email protected].
3.4 Account Security
You are responsible for maintaining the security of your Account credentials, including maintaining control of your registered mobile phone number, keeping login credentials confidential and secure, enabling and maintaining two-factor authentication, not sharing Account access with unauthorized persons, and restricting access to devices used to access your Account.
You must immediately notify us at [email protected] if: you suspect unauthorized Account access, your credentials have been compromised, you notice suspicious Account activity, your device with Account access is lost or stolen, or you lose access to your registered mobile phone number. We are not liable for losses resulting from unauthorized access if you failed to maintain reasonable security measures or failed to notify us promptly of suspected unauthorized access.
3.5 Authorized Users
If you permit another person to access or use your Account or cards (an "Authorized User"), you are fully responsible and liable for all actions taken by that person, including all transactions and charges, all fees and penalties, violations of these Terms, and any damage or harm caused. For commercial accounts with multiple cardholders or administrators, you remain fully responsible for all activity conducted by any authorized person.
3.6 Spending Limits
We may establish limits on individual transaction amounts, daily spending totals, monthly spending totals, number of cards you can create, and other usage parameters. Limits are set for security, fraud protection, and risk management. You can view your current limits in your Account dashboard. We may increase or decrease limits at our sole discretion at any time.
3.7 Account Ownership Disputes
In the event of any dispute between two or more parties regarding Account ownership, we shall be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of the Account subject to dispute) shall be final and binding on all parties. This provision applies notwithstanding the arbitration provisions in Section 9 of these Terms.
4. FEES & SUBSCRIPTION PLANS
4.1 Subscription Fees
Access to Halocard Services requires payment of subscription fees according to your selected plan. Current subscription plans and pricing are available on our website and in your Account settings. By enrolling in a subscription plan, you agree to pay the subscription fee for your selected plan, all applicable taxes, and any additional fees disclosed at the time of enrollment.
4.2 Billing and Payment
Subscription fees are charged in advance on a recurring basis (monthly or annually, depending on your plan). Fees will be charged on the date you enroll and on the same day of each subsequent billing period. If a billing date does not exist in a particular month (e.g., the 31st), you will be charged on the last day of that month.
You authorize us to charge your account balance or designated payment method for all applicable fees. If payment fails, we may retry the charge, suspend your access to the Services, charge late fees where permitted by law, or terminate your Account after a grace period.
4.3 Plan Changes and Upgrades
If you upgrade your subscription mid-billing cycle, we will apply a pro-rated credit for the unused portion of your current subscription toward your upgraded subscription. If you downgrade your subscription, the change will take effect at the start of your next billing cycle, and you will not receive a refund or credit for the current billing period.
4.4 Cancellation and Refunds
To avoid automatic renewal, you must cancel your subscription before your next billing date through your Account settings. Upon cancellation, you will continue to have access through the end of your current billing period, you will not be entitled to any refund or credit for fees already paid, and no refund will be provided for unused portions of your subscription period. Subscription fees are non-refundable except as required by applicable law.
4.5 Fee Changes
We may modify subscription pricing, introduce new plans, or discontinue existing plans at any time. We will provide at least thirty (30) days' advance notice of fee increases. Fee changes will take effect at the start of your next billing cycle following the notice period. Your continued use of the Services after fee changes take effect constitutes acceptance of the new pricing.
4.6 Additional Fees
In addition to subscription fees, you may incur other fees including foreign transaction fees (as disclosed in applicable Cardholder Agreements), ATM fees (as disclosed in applicable Cardholder Agreements), failed payment fees, expedited service fees, and other fees as disclosed in our fee schedule or Cardholder Agreements. All fees are disclosed before you incur them.
4.7 Payment Processing Fees
Our payment service providers may charge fees for certain funding methods. Applicable fees are disclosed before you complete a funding transaction and vary based on the payment method selected. Examples of payment methods that may incur fees include credit card funding, certain cryptocurrency or stablecoin transactions, international bank transfers, expedited funding options, and other payment methods as disclosed.
You are responsible for all fees charged by our payment service providers for funding your Account. Additionally, your funding source (bank, card issuer, cryptocurrency exchange, etc.) may charge separate fees for their services. We are not responsible for third-party fees charged by your funding sources.
4.8 Referral Program
We may offer a referral program that allows existing users ("Referrers") to refer new users ("Referred Users") to the Platform. Referrers may receive subscription fee credits or reductions when a Referred User successfully registers and completes qualifying actions (as specified in the program terms). Referred Users may receive promotional benefits as specified in the referral offer. Rewards amounts and types are determined by Halocard in our sole discretion and may vary.
Eligibility: To participate in the referral program, your Account must be active and in good standing, you must comply with all Terms and applicable laws, and you must not engage in fraudulent, abusive, or manipulative referral practices.
Prohibited Activities: You may not refer yourself using multiple accounts, use misleading, false, or deceptive practices to obtain referrals, spam or mass-distribute referral links through prohibited channels, purchase, sell, or trade referral links or codes, use automated systems or bots to generate referrals, or violate advertising or consumer protection laws in connection with referrals.
Program Terms: This referral program is intended for personal referrals only, not commercial marketing. We determine referral eligibility and qualifying actions in our sole discretion. We may verify, adjust, withhold, or recover referral rewards at any time. We may modify, suspend, or terminate the referral program at any time without notice. Violation of referral program rules may result in forfeiture of rewards and Account termination.
5. ACCEPTABLE USE POLICY
5.1 General Restrictions
You may not, and may not permit any third party to: use the Services for any illegal purpose or in violation of any laws; violate these Terms or any Cardholder Agreement; export the Services in violation of U.S. export laws and regulations; access or monitor the Platform using robots, spiders, scrapers, or automated means; reverse engineer, decompile, or disassemble any aspect of the Services; interfere with the proper operation of the Services; impose unreasonable loads on our infrastructure; copy, modify, create derivative works, or distribute Platform content; rent, lease, timeshare, or otherwise provide the Services to third parties; use the Services in conjunction with automated purchasing software; use the Services to exploit merchant promotions, referral programs, or terms in violation of merchant policies; transfer any rights granted under these Terms; use the Services while driving or in violation of traffic or safety laws; act as a payment facilitator or resell the Services; handle, process, or transmit funds on behalf of third parties; or use the Services in any way that exposes you, other users, our partners, or Halocard to harm.
5.2 Investigation and Enforcement
We may restrict your access to investigate potential violations or resolve disputes, restrict access to comply with law, court orders, or government requests, refuse to authorize or settle transactions we believe violate these Terms, suspend or terminate your Account for suspected fraudulent or illegal activity, share information about suspected illegal activity with law enforcement, and share information with Financial Partners as necessary for service provision and risk management.
5.3 Geographic Restrictions - Card Issuance
As required by our Financial Partners, applicable regulations, and risk management policies, Halocard cards cannot be issued to individuals or businesses residing, registered, or primarily operating in the following countries: Belarus, China (Mainland), Cuba, India, Iran, Iraq, Israel, Myanmar, Nepal, Nicaragua, North Korea, Russia, Syria, Turkey, Ukraine, Venezuela, and Vietnam.
We do not support card issuance in jurisdictions that present heightened legal, regulatory, or sanctions risks, including those appearing on international watchlists such as the Financial Action Task Force (FATF) Grey List, without explicit case-by-case approval from our compliance team and Financial Partners.
If you relocate to a prohibited jurisdiction after account creation, you must notify us immediately at [email protected]. Your Account may be suspended or terminated.
5.4 Geographic Restrictions - Card Spending
Halocard cards may not be used for transactions in the following countries, regardless of cardholder location: Cuba, Iran, North Korea, Russia, Syria, Ukraine, and Venezuela. Transactions in these jurisdictions will be declined. Attempts to circumvent these restrictions may result in immediate Account termination.
5.5 Prohibited Business Types
Halocard cards cannot be issued to, or used by, individuals or entities engaged in the following business activities under any circumstances: distribution of illegal substances or controlled drugs without proper licensing; human trafficking, prostitution, escort services, or adult services; sale of counterfeit, unauthorized, forged, or stolen goods; pyramid schemes, Ponzi schemes, or other fraudulent investment schemes; production, distribution, or sale of child sexual abuse material or any content exploiting minors; political campaign fundraising or donation platforms; and activities involving paraphernalia that may be used for illegal purposes.
Restricted Business Types - Subject to Enhanced Review: The following business types may be eligible for Halocard services subject to enhanced due diligence, verification of licensing, regulatory compliance documentation, and express approval from our compliance team: Money Service Businesses (MSBs) and remittance services, cryptocurrency platforms, exchanges, wallets, and related services, charitable organizations and non-governmental organizations (NGOs), precious metals dealers, online content or creator platforms (subscription services, tipping platforms, adult content), and regulated gambling, gaming, casino operations, or fantasy sports.
If you operate or are affiliated with any business requiring enhanced review, you must disclose this during registration, provide all requested documentation, obtain written approval before using the Services, and notify us of any material changes to your business operations. Failure to disclose or obtain approval may result in immediate Account termination and forfeiture of funds pending investigation.
5.6 Prohibited Transaction Types
You may not use Halocard cards for the following transaction types: purchase or trade of cryptocurrencies or digital currencies (Note: funding your Account with cryptocurrency through our payment processor may be permitted); drug-related purchases, including marijuana, cannabis, CBD products (except where fully legal and properly licensed), and black-market substances; transactions on dark web marketplaces or for hacking, cybercrime, malware, ransomware, or exploit services; unlicensed internet pharmacies or pharmaceutical purchases from unregulated sources; firearms, ammunition, explosives, or weapons (restrictions vary by jurisdiction and account type); hazardous materials and chemicals without proper regulatory clearance and documentation; escort services or similar platforms; unlicensed auction sites or marketplaces facilitating illegal activity; unregulated lending, payday loans, or predatory financial services; data brokerage services involving unauthorized personal data or privacy violations; purchase or trade of endangered species, wildlife products, or items violating CITES; and any activity that exposes you, other users, our partners, or Halocard to legal, regulatory, or reputational harm.
This list is not exhaustive. We reserve the right to decline any transaction based on our risk assessment, even if not explicitly listed above.
5.7 Monitoring and Compliance
We actively monitor account activity for compliance with these restrictions through automated systems and manual review processes. If we detect or suspect prohibited activity, transactions may be immediately declined or reversed, your Account may be suspended pending investigation, funds may be held or frozen during investigation, your Account may be terminated without prior notice, we may report activity to law enforcement, regulatory authorities, or Financial Partners as required by law, you may be permanently prohibited from using Halocard services, and we may pursue legal remedies for losses incurred.
5.8 Abusive Transaction Patterns
You may not engage in patterns of activity that abuse the Services, harm merchants, or create excessive risk. Prohibited abusive patterns include free trial abuse (creating multiple cards to obtain repeated free trials from merchants, using virtual cards to circumvent merchant limitations on free trials, systematically exploiting promotional offers or discounts, or using disposable card numbers to avoid payment after trial periods); excessive declined transactions (repeatedly attempting transactions without sufficient funds, attempting transactions that are likely to be declined due to spending limits, restrictions, or blocks, creating patterns of declined transactions that may harm merchant relationships or payment network standing, or using the Services to test stolen payment credentials or card numbers); merchant abuse (initiating transactions with no intention to complete legitimate purchases, abusing merchant return, refund, or chargeback policies, using cards to hold authorizations without completing purchases, or creating patterns that may result in merchant disputes or penalties); and system abuse (attempting to circumvent spending limits, controls, or restrictions, exploiting technical vulnerabilities in the Platform, using automated systems or scripts to abuse Services, or creating multiple accounts to evade restrictions or termination).
If we believe you are engaging in or might engage in abusive transaction patterns, we may immediately suspend or restrict your Account, decline transactions we determine are abusive, terminate your Account without refund, report your conduct to affected merchants, payment networks, or law enforcement, ban you from creating future accounts, and you may be liable for losses incurred by Halocard, merchants, or payment networks.
5.9 No Transaction Guarantee
We do not guarantee that any transaction will be approved. Even if a transaction complies with these Terms, we may decline it based on fraud prevention systems, risk assessment algorithms, Financial Partner requirements, merchant acceptance policies, technical issues or network failures, or any other reason at our sole discretion.
6. PLATFORM FEATURES & COMMUNICATIONS
6.1 Content You Provide
The Platform may include functionality for you to upload, provide, or submit photos, logos, branding, feedback, suggestions, or other materials ("User Content").
License Grant: By providing User Content, you grant Halocard and our affiliates a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your User Content in any media in order to provide, promote, and improve the Services. You retain all ownership rights in your User Content, subject to the license granted to us. You may modify or remove your User Content via your Account or by terminating your Account, but User Content may persist in historical, archived, or cached copies.
Content Restrictions: You may not upload or provide User Content that is false, misleading, unlawful, obscene, indecent, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; encourages criminal conduct or gives rise to civil liability; violates any third-party rights, including intellectual property rights, privacy rights, or publicity rights; contains malware, viruses, corrupted data, or harmful code; advertises products or services competitive with Halocard or our partners (as determined by us); or is otherwise objectionable or may expose Halocard, our affiliates, or users to harm or liability.
Content Moderation: We have no obligation to monitor User Content but have absolute discretion to remove it at any time for any reason without notice. We take no responsibility and assume no liability for any User Content, including any loss or damage to your User Content.
6.2 Communications and Notices
You consent to receive communications from us via SMS/text messages to your registered phone number, email to your registered address, push notifications through our mobile or web applications, in-app messages and alerts, and postings on our website or Platform.
Types of Communications: Communications may include transactional notifications (account activity, confirmations), security alerts and fraud warnings, service updates and changes to Terms, required legal notices, marketing communications (you may opt out), customer support responses, and billing statements and receipts.
Communication Requirements: You must provide and maintain accurate contact information. You agree that all electronic communications satisfy legal requirements for written communications. Standard message and data rates from your carrier may apply. You may opt out of marketing communications but not essential service communications. Opting out of communications may impact your use of the Services.
Your Notice Obligations: You are responsible for notifying us of any changes to your contact information. If we cannot reach you at your registered email or phone number, our attempted delivery shall constitute effective notice.
6.3 Feedback and Ideas
If you provide feedback, suggestions, comments, or ideas about the Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free, fully-paid license to use, modify, and incorporate such Feedback without any obligation or compensation to you. By providing Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction; it does not place us under any fiduciary, confidentiality, or other obligation; we are free to use the Feedback without additional compensation; and we may disclose the Feedback to others without restriction.
7. YOUR LEGAL OBLIGATIONS
7.1 Representations and Warranties
You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction), you have full legal capacity to enter into and perform under these Terms, for business accounts you have authority to bind the business entity to these Terms, all information you provide is accurate, current, truthful, and complete, you will comply with all applicable federal, state, local, and international laws, you will not use the Services for any fraudulent purpose or in any manner that interferes with the Services, your use of the Services will comply with these Terms and all Cardholder Agreements, you are not located in, organized under the laws of, or a resident of any prohibited jurisdiction, you are not subject to any economic sanctions or export controls, and you are not engaged in any prohibited business activities.
Transaction-Specific Representations: With each transaction you process through the Services, you represent, warrant, and covenant that the transaction represents a bona fide transaction for legitimate goods or services, you will fulfill all obligations to merchants and resolve disputes directly with merchants, the transaction complies with all applicable laws including tax laws, you are not engaging in prohibited activities or transactions, and the transaction does not violate merchant terms or payment network rules.
7.2 Indemnification
You agree to indemnify, defend, and hold harmless Halocard, our Financial Partners, and our respective employees, directors, officers, agents, affiliates, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or any Cardholder Agreement, your violation of any law, regulation, or third-party right, your use or misuse of the Services, any transaction or activity conducted through your Account, content you provide through the Services, any claim that your use of the Services caused harm to a third party, your negligent or wrongful conduct, and access to or use of the Services by Authorized Users or persons using your credentials. This indemnification obligation survives termination of your Account and these Terms.
8. OUR LEGAL PROTECTIONS
8.1 Intellectual Property Ownership
We reserve all rights not expressly granted to you in these Terms. Halocard and our licensors own all rights, title, interest, copyright, and other worldwide Intellectual Property Rights in the Services and all copies of the Services. "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all applications, registrations, renewals, and extensions thereof, under the laws of any jurisdiction. These Terms do not grant you any rights to our trademarks, service marks, logos, or brand elements. You may not use Halocard's trademarks without our prior written permission.
8.2 Limited License
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use the Services solely for their intended purposes in accordance with these Terms. This license does not permit you to use the Services for any commercial purpose not expressly authorized, access or use the Services in any unlawful manner, distribute, sell, lease, or sublicense access to the Services, remove, obscure, or alter any proprietary notices, or use the Services to develop competing products or services. We may make software updates available, which you must install to continue using the Services. Updates may be subject to additional terms disclosed at that time.
8.3 Third-Party Services
The Platform may include links to, or integrate with, third-party websites, services, products, or resources ("Third-Party Services"). Third-Party Services are not under our control and are governed by their own terms and policies. We do not endorse, warrant, or guarantee any Third-Party Services; control the availability, accuracy, or reliability of Third-Party Services; assume responsibility or liability for Third-Party Services; or have any obligation regarding Third-Party Services.
You acknowledge and agree that you access Third-Party Services at your own risk, you are solely responsible for your interactions with Third-Party Services, any dispute involving Third-Party Services is between you and that third party, we are not liable for any harm arising from Third-Party Services, and when you leave the Platform via a link, our Privacy Policy no longer applies. If you grant a Third-Party Service permission to access your Account, you remain fully responsible for all actions taken by that third party and agree to indemnify us from any liability arising from such access.
8.4 Privacy and Data Protection
Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at halocard.co/privacy-policy. By using the Services, you consent to our data practices as described in the Privacy Policy. We may share your information with Financial Partners for service delivery and compliance, identity verification services (for verification purposes only), fraud prevention and transaction monitoring services, payment processors and service providers, regulatory authorities and law enforcement as required by law, service providers who assist in operating our business, and third parties with your consent or as described in our Privacy Policy.
Data Security: We implement technical and organizational measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee absolute security. You provide personal information at your own risk. You are responsible for safeguarding your access method and maintaining the security of your Account.
8.5 Disclaimer of Warranties
THE USE OF "HALOCARD" IN THIS SECTION MEANS HALOCARD, OUR FINANCIAL PARTNERS, PROCESSORS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, HALOCARD SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
HALOCARD DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE, BROWSER, OR OPERATING SYSTEM; ANY PARTICULAR TRANSACTION WILL BE APPROVED OR PROCESSED; OR CARD ISSUERS WILL PROVIDE CARDS OR SERVICES.
Third-Party Products and Services: Halocard does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised, offered, or provided by a third party. We have no control over, or liability for, goods or services purchased using the Services. Any third-party products, hardware, software, or services are provided solely according to the warranties and terms specified by the third-party provider, who is solely responsible for service and support. HALOCARD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY PRODUCTS AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Force Majeure: Halocard shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, network failures, strikes, or shortages of transportation, fuel, energy, labor, or materials.
8.6 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HALOCARD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. IN ALL CASES, HALOCARD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL HALOCARD BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HALOCARD IS LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO HALOCARD IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HALOCARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.7 Set-Off Rights
Except as otherwise prohibited by law, Halocard has the right to charge or set off against your Account any indebtedness or other obligations which you owe us, at any time, without any further notice to or demand on you, whether the indebtedness or obligations exist at the time the Account is opened or arise later. This includes, without limitation, all subscription fees and charges, all amounts related to chargebacks, reversals, or disputes, all fees and penalties, any negative balances, and any costs of collection. You agree that we may set off any amounts owed without regard to the source or ownership of funds in your Account. To the extent allowed by law, we may set off against any other account or property in which you have an ownership interest that is in our possession or control.
9. DISPUTE RESOLUTION
9.1 Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Halocard agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or any aspect of our relationship (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except as expressly provided below. Arbitration means a neutral arbitrator (not a judge or jury) will decide the Dispute, the arbitrator can award the same damages and relief as a court, arbitration proceedings are generally more streamlined than court proceedings, and arbitration decisions are final and binding with very limited appeal rights.
9.2 Class Action Waiver
YOU AND HALOCARD AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.
YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY.
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST HALOCARD.
Neither you nor Halocard may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Dispute. If any court or arbitrator determines that the class action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth in this Section shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate the Dispute.
9.3 Arbitration Procedures
All Disputes will be resolved finally and exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules or Commercial Arbitration Rules (as applicable) in effect at the time the arbitration is initiated, except as modified by this Section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
Initiating Arbitration: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
Arbitrator Selection: The arbitration will be conducted by a single arbitrator, who shall be either a retired judge or an attorney licensed to practice law. The arbitrator will be selected by mutual agreement of the parties from the AAA's roster of arbitrators. If the parties cannot agree within fourteen (14) days, the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location: For consumer claimants (individuals whose transaction is intended for personal, family, or household use), arbitration will occur in the county where you reside, or remotely via videoconference, telephone, or other electronic means if you elect. For commercial claimants, arbitration will occur in Sheridan County, Wyoming, or another mutually agreeable location, or remotely via videoconference if mutually agreed.
Arbitration Costs: Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA Rules, except that Halocard will pay the fees for consumer claimants to the extent required by AAA Rules or applicable law. If you demonstrate that the costs of arbitration would be prohibitively expensive compared to litigation, Halocard will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Attorneys' Fees: The prevailing party may be entitled to recover reasonable attorneys' fees and costs, as determined by the arbitrator and permitted by law. For any claim where you are seeking relief, Halocard will not seek to have you pay our attorneys' fees even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous or brought in bad faith.
Arbitrator's Decision: The arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award any remedies, including injunctive relief, that would be available in an individual lawsuit, subject to the limitations set forth in these Terms.
9.4 Small Claims Court Exception
Notwithstanding the arbitration provisions above, you and Halocard each retain the right to pursue an individual action in small claims court in lieu of arbitration, so long as the matter remains in small claims court and proceeds only on an individual (non-class, non-representative) basis.
9.5 Injunctive Relief Exception
Either party may seek injunctive or other equitable relief in court to prevent the infringement of intellectual property rights or to prevent the disclosure of confidential information, without waiving the right to arbitrate any other aspect of the Dispute.
9.6 Governing Law
These Terms and any Dispute shall be governed by the laws of the State of Wyoming and applicable federal law (including the Federal Arbitration Act, 9 U.S.C. §§ 1-16), without regard to Wyoming's choice of law or conflicts of law principles that would require application of another jurisdiction's laws.
9.7 Venue for Judicial Proceedings
Subject to and without waiver of the arbitration provisions above, if any Dispute proceeds in court rather than arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, you irrevocably consent to venue and personal jurisdiction in those courts, and you waive any objection to venue or inconvenient forum.
9.8 Deadline to Initiate Disputes
Any action or proceeding relating to any Dispute must commence within ninety (90) days after the cause of action accrues. After this time period, such claims are permanently barred.
9.9 Opt-Out Right
You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to [email protected] within thirty (30) days of the date you first agreed to these Terms (either by creating an Account or using the Services). Your opt-out notice must include your full name, your phone number associated with your Account, your physical address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other provisions of these Terms will continue to apply. Opting out does not affect any previous arbitration agreement you may have had with us.
9.10 Survival
This agreement to arbitrate shall survive the termination or expiration of these Terms and your Account.
10. TERMINATION
10.1 Termination by You
You may terminate your Account and these Terms at any time by withdrawing all funds from your Account, canceling all active virtual cards, and contacting us at [email protected] to request account closure. Upon voluntary termination, you will continue to have access through the end of your current subscription period, you will not receive any refund or credit for fees already paid, and you remain liable for all outstanding obligations incurred prior to termination.
10.2 Termination by Halocard
We may suspend or terminate your Account, or suspend or terminate your access to any or all Services, at any time, with or without notice, for any reason, including violation of these Terms or any Cardholder Agreement, suspected fraudulent, illegal, or unauthorized activity, providing false, inaccurate, or misleading information, patterns of abusive or excessive chargebacks, disputes, or errors, engaging in prohibited activities or transactions, failure to pay fees or charges when due, extended period of account inactivity, request from Financial Partners or regulatory authorities, required by law or court order, or we determine, in our sole discretion, that continued provision of Services poses unacceptable risk. We may also establish additional conditions on your Account, including restricting access to certain features, before or instead of termination.
10.3 Effect of Termination
Upon suspension or termination of your Account or Services, all rights and licenses granted to you under these Terms immediately terminate, you must immediately cease all use of the Services, all active virtual cards will be deactivated, we may (but are not obligated to) delete your information and account data, you remain liable for all outstanding fees, charges, obligations, and amounts owed, outstanding debts become immediately due and payable, we may withhold funds or set off amounts owed against your Account balance, and you may not create a new Account without our express written permission.
10.4 Withdrawal After Termination
After termination, you may withdraw your remaining Account balance (if any) by following our withdrawal procedures. We reserve the right to deduct any outstanding fees, charges, or amounts owed before processing withdrawals, hold funds for a reasonable investigation period if termination was due to suspected violations, comply with legal or regulatory holds on funds, and charge reasonable processing fees for withdrawals.
If you fail to withdraw your balance within one hundred eighty (180) days of account termination, we may charge dormant account fees as permitted by law, handle unclaimed funds in accordance with applicable abandoned property laws, and escheat funds to the appropriate state or jurisdiction.
10.5 Survival
The following provisions survive termination or expiration of these Terms: Your Legal Obligations (Section 7), Our Legal Protections (Section 8), Dispute Resolution (Section 9), Effect of Termination (this Section 10.4), General Terms (Section 11), and any other provisions that by their nature should survive.
10.6 No Liability for Termination
We will not be liable to you or any third party for compensation, reimbursement, or damages arising from suspension or termination of your Account or access to the Services, deletion of your information or account data, or any consequences of your violations of these Terms.
11. GENERAL TERMS
11.1 Amendments
We may amend these Terms, any policies referenced herein, or any Additional Terms at any time by posting a revised version on our website, sending notice through the Services, emailing you at your registered email address, or providing notice through other reasonable means. The revised Terms will be effective immediately upon posting or on the date specified in the notice. For material changes, we will provide at least thirty (30) days' advance notice. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and terminate your Account. Any Dispute that arose before the revision will be governed by the Terms in effect when the Dispute arose.
11.2 Entire Agreement
These Terms, together with any applicable Cardholder Agreements, Privacy Policy, and other policies referenced herein, constitute the entire agreement between you and Halocard regarding the Services and supersede all prior agreements, understandings, or communications. In the event of any conflict, between these Terms and a Cardholder Agreement regarding card usage the Cardholder Agreement controls, and between these Terms and any other policy these Terms control.
11.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent. If modification is not possible, the invalid provision will be severed from these Terms, and the remaining provisions will continue in full force and effect.
11.4 Waiver
Our failure to enforce any provision of these Terms, or to exercise any right or remedy, does not constitute a waiver of that provision, right, or remedy. No waiver shall be effective unless made in writing and signed by an authorized representative of Halocard. A waiver of any breach or default does not constitute a waiver of any subsequent breach or default.
11.5 Assignment
You may not assign, transfer, delegate, or sublicense these Terms or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is null and void. We may assign or transfer these Terms and any rights or obligations hereunder at any time without notice or consent, including in connection with a merger, acquisition, or sale of assets, to any affiliate or subsidiary, or to any successor entity. These Terms bind and benefit the parties and their respective successors and permitted assigns.
11.6 No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Halocard, except as expressly stated herein (such as Indemnified Parties).
11.7 Relationship of Parties
You and Halocard are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or franchiser-franchisee relationship between you and Halocard. Neither party has authority to bind the other or to incur obligations on behalf of the other without prior written consent.
11.8 Interpretation
Section headings are for convenience only and do not affect interpretation. Use of "including" means "including but not limited to." Singular includes plural and vice versa. "Or" is not exclusive unless context requires otherwise. "Days" means calendar days unless otherwise specified. "Business days" means Monday through Friday, excluding federal holidays.
11.9 Language
These Terms are provided in English. Any translation is provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall control to the maximum extent permitted by law.
11.10 Electronic Signatures and Records
You consent to the use of electronic signatures, records, and disclosures in connection with these Terms and your use of the Services. This consent applies to all communications, agreements, and disclosures. Your electronic acceptance of these Terms (by clicking "I Agree," creating an Account, or using the Services) has the same legal effect as a handwritten signature.
11.11 Contact Information and Notices
Notices to Halocard: You may contact us or provide legal notices at: Halocard LLC, 30 N Gould St, STE R, Sheridan, WY 82801, USA. Email for general customer support: [email protected]. Phone: +1 (323) 410-4555. Email for legal notices: [email protected].
Legal notices to us must be sent by email to [email protected] or by nationally recognized overnight delivery service or first-class mail, postage prepaid, to the address above. Notices are deemed effective when received by Halocard.
Notices to You: You are responsible for providing and maintaining accurate contact information in your Account. We may provide notices to you by SMS/text to your registered phone number, email to your registered email address, push notification through our mobile or web applications, or posting on our website or in your Account dashboard. If your registered email address is invalid or you do not receive our notices for any reason, our dispatch of notice shall still constitute effective notice. You agree to check your email, Account dashboard, and other communication channels regularly for important notices.
BY CREATING AN ACCOUNT OR USING THE HALOCARD PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.