Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") form a binding agreement between you ("you", "User") and SmartHolder ("SmartHolder", "we", "us", "our") and govern your access to and use of the SmartHolder website, the card-issuance interface, and any related services (together, the "Service").

By accessing the Service, connecting a wallet, or issuing a card, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and AML Policy. If you do not agree, do not use the Service.

2. Definitions

• Card — a virtual or metal Visa/Mastercard product issued through the Service.
• Wallet — a self-custodial cryptocurrency wallet (e.g. Trust Wallet, TronLink, TokenPocket) that you control.
• Issuance Fee — the one-time fee payable to issue a Card, currently 15 TRX.
• USDT — the TRC-20 / supported-network stablecoin used in connection with the Service.
• Approval — the on-chain authorization you grant from your Wallet allowing the SmartHolder smart contract to interact with your token balance.

3. Eligibility

You must be at least 18 years old and have full legal capacity to enter into these Terms. You must not be a resident of, or located in, any jurisdiction where use of the Service is prohibited, nor appear on any applicable sanctions or watch list. By using the Service you represent that you meet these requirements.

4. The Service

SmartHolder provides an interface that allows you to issue a crypto-funded payment card and connect a self-custodial Wallet for that purpose. The Service is non-custodial in nature: you retain control of your Wallet and private keys at all times. SmartHolder never asks for, stores, or has access to your private keys or seed phrase.

Card availability, supported networks, spending limits, and merchant acceptance may change over time and may depend on third-party card issuers and payment networks beyond our control.

5. Issuance Fee & Payments

Issuing a Card requires a one-time Issuance Fee of 15 TRX. Network ("gas"/Energy) costs required to broadcast blockchain transactions are separate, are set by the relevant network, and are payable by you. Blockchain transactions are generally irreversible; once confirmed, fees cannot be recalled by SmartHolder.

6. Wallet Connection & Approvals

To activate a Card you connect a supported Wallet and grant an on-chain token Approval to the SmartHolder smart contract. You acknowledge and agree that:

• You are solely responsible for reviewing each Approval and any transaction prompt shown by your Wallet before confirming it.
• Approvals can usually be revoked at any time from your Wallet by setting the allowance to zero.
• You are responsible for the security of your Wallet, device, and recovery phrase.

7. Your Responsibilities

• Provide accurate contact information (such as an email address) where requested for onboarding instructions.
• Comply with all laws applicable to you, including tax and reporting obligations.
• Maintain the confidentiality and security of your Wallet credentials.
• Use the Service only for lawful purposes.

8. Prohibited Use

You agree not to use the Service to, or in connection with:

• money laundering, terrorist financing, fraud, or any other criminal activity;
• circumventing sanctions or transacting on behalf of sanctioned persons or jurisdictions;
• any activity that infringes the rights of others or violates applicable law;
• attempts to disrupt, reverse-engineer, or gain unauthorized access to the Service or its smart contracts.

9. Crypto Risk Disclosure

Cryptocurrencies and blockchain-based products carry significant risk. Prices are volatile, transactions are irreversible, smart contracts may contain vulnerabilities, and regulatory treatment may change. You use the Service at your own risk and should only commit funds you can afford to lose. Nothing on the Service constitutes financial, investment, legal, or tax advice.

10. Intellectual Property

The SmartHolder name, logo, website design, text, and graphics are owned by SmartHolder or its licensors and are protected by intellectual-property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent. "Visa" and "Mastercard" are trademarks of their respective owners.

11. Third-Party Services

The Service relies on third parties such as wallet providers, blockchain networks, card issuers, and analytics tools. We do not control and are not responsible for third-party services, and their use may be subject to separate terms. Links to third-party sites are provided for convenience only.

12. Disclaimers

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components.

13. Limitation of Liability

To the maximum extent permitted by law, SmartHolder and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or digital assets, arising from or related to your use of the Service. Our aggregate liability shall not exceed the amount of the Issuance Fee paid by you.

14. Indemnification

You agree to indemnify and hold harmless SmartHolder, its affiliates, and their respective officers and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

15. Suspension & Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or applicable law, or to protect the Service and its users. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) will survive.

16. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Governing Law

These Terms are governed by the laws applicable in the jurisdiction in which SmartHolder operates, without regard to conflict-of-law principles. Any disputes shall be subject to the exclusive jurisdiction of the competent courts of that jurisdiction, to the extent permitted by mandatory law.

18. Contact

Questions about these Terms? Reach us at [email protected] or via our Telegram channel.