Regen Card
Product and Application Terms of Use and Services
Last Updated: 13 September 2024
IMPORTANT – PLEASE READ CAREFULLY
Regen Card (“Card”) is a pre-paid, non-custodial digital asset access card. The Regen Card is designed to be used in conjunction with the Regen Card Mobile Application (“Application”) for iOS and Android devices, enabling you to access your digital assets securely and efficiently.
These Terms (“Terms”) outline the terms and conditions governing your use of the Regen Card, Mobile Application, and associated services (collectively, the "Services"). These Terms constitute a legally binding contract made between you and Anywhere Blockchain Corp. (“Anywhere Blockchain Corp,” “we,” or “us”) that governs your access to and use of the Card and Application (collectively, the “Services”). By using the Services in any way, you agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you are not permitted to access or otherwise use the Services.
User Notice:
The Regen Card you have received or purchase is a non-custodial digital asset access card that may be used for managing digital assets, authorizing digital asset transactions, managing passwords, and two-factor authentication.
It is essential to always follow the terms of its use to reduce the risk of losing your protected information. You acknowledge that, in order to provide you with the maximum level of protection, you will not be able to access the protected information without your Card.
You acknowledge that, unlike when using any other services or opening a bank account, there will be no way to recover your protected information (and by extension to access your digital assets) if your card is lost, stolen, damaged or destroyed or you forget your Card Account Password. Similarly, if your card is stolen by a person who also knows your Card Account Password, this thief can access your protected information with no possible remedy.
1. Your Card. The Card is a prepaid card. The Card allows you to access funds loaded or deposited to your Card Account Address. If you purchase a prepaid card from Anywhere Blockchain Corp, the Card Account Address accessed by your Card and associated Account Password will contain an equivalent value of USDC in exchange for the amount paid to Anywhere Blockchain Corp. Anywhere Blockchain Corp. never custodies the USDC on your Card, and cannot access the digital assets on your Card Account Address on your behalf after purchase. The Card is not a credit card. The Card is not a gift card. You will not receive any interest on the digital assets on the Card. The digital assets in your Card Account will not expire.
2. Card Account Addresses.
Each Card Account Address is created by a unique combination of your physical card and a Card Account Password. Every new Card Account Password creates a new Card Account Address when used with your Card. For cybersecurity purposes we cannot help retrieve digital assets associated with your Card Account Address, nor can we help retrieve your Card Account Password. It is your responsibility to retain possession of your Card, and to remember the Card Account Password. Anywhere Blockchain Corp will not be responsible in any way for lost Cards, Card Account Passwords, or the digital assets related to the Card Account Address associated with such.
3. Card Account Use and Purpose.
Subject to the limitations set forth in this Agreement, you may use your Card, Card Account Address, or Account Seed Phrase, as applicable, to (1) add funds to your Card Account Address (as described in the Section below titled “Adding Funds to Your Card Account Address”), (2) transfer funds between Card Account Addresses, (3) purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account Address or the Daily Purchase Limit (as defined in the table below), and (4) withdraw USD from your Card Account or Instant Accept Account(as described in the Section below titled “Cashing Out to Get USD”). There may be fees associated with some of these transactions. For fee information, see the “Schedule of All Fees and Charges” (Schedule A) attached to this Agreement. You agree (i) not to use your Card for illegal gambling or any other illegal purpose; and (ii) to use your Card for personal use only and not for any business or commercial purposes;
4. USDC Usage Acknowledgement.
We use USDC on the Base network as the digital asset accessed by our Cards.
USDC is a digital asset issued by the financial technology company Circle, and your access to USDC is subject to their Terms of Service found here: https://www.circle.com/en/
Although Circle backs all USDC with cash and monetary instruments detailed here: https://www.circle.com/en/transparency your Card Account digital assets are not eligible for FDIC deposit insurance up to the applicable limits provided by law (the current FDIC deposit insurance limit is $250,000 for each account ownership category).
In the event of widespread Bank failures causing USDC to be reduced in value, your funds, aggregated with any other funds backing Circle’s issuance of USDC, would not be eligible to be insured by the FDIC up to $250,000 for each account ownership category.
Anywhere Blockchain Corp is not responsible for any loss of funds due to widespread bank failures, recessions, blockchain outages, network outages, cybersecurity issues, or any other scenario causing USDC to “depeg” from its 1:1 value with US dollars.
You are responsible for monitoring the risk associated with using USDC, and making your choice whether to exchange USDC for USD in a bank account, or keep the USDC on the Card Account Address accessible by your Card.
5. Limitations on Dollar Amounts of Transactions.
The total amount of purchases that you can perform in any single day is limited to $10,000, and any single transaction cannot exceed the value of $3,000 due to FinCen regulation compliance limits.
6. Adding USDC to Your Card Account Address.
You may add USDC to your Card (called “value loading” or “loading”) at any time using a variety of digital asset service providers to send USDC to your Card Account Address. You must use the Base network to send USDC to your account, and we are not responsible for any loss of USDC due to network error on your behalf.
We are not in control of your limit to send USDC from external accounts, however FinCen regulations allow a maximum of $3,000 per transaction and $10,000 per day from digital asset service providers without KYC/AML(Know Your Customer/Anti-Money Laundering) requirements. If you are found to be violating these thresholds, we may be legally required to restrict your access to the Application. We are not liable for any loss of USDC due to the legal ramifications of complying with these restrictions.
7. Third Party Loading and Withdrawal Services.
In the application, we provide access to Transak, a third-party service that allows for the purchase and withdrawal of USDC to your Card Account Address or to your bank account from your Card Account Address.
We are not responsible for any part of your relationship with Transak, and your use of their service is subject to their terms of service and privacy policy found here: https://transak.com/
8. Peer to Peer Transactions.
Anywhere Blockchain Corp is not a payment intermediary or a money transmitter. We facilitate a peer to peer transaction on the cardholder’s behalf directed to the cardholder’s intended recipient. We never custody or accept digital assets on your behalf, either for access through a Card and a Card Account Password, through our Card Accept Accounts, or during a peer to peer payment in exchange for goods and services between parties.
Our software facilitates the process of digital signature necessary to cryptographically authorize peer to peer transactions on blockchain networks.
9. Card Accept Accounts:
Merchants or individuals wishing to receive a peer to peer payment from a Cardholder may use our Card Accept Account service. We will generate an authorization key that is stored on your mobile device, but is only accessible from the mobile device on which this account was generated. We strongly recommend this only be used for temporary storage of USDC, and we are not responsible for loss of USDC if the user loses access to their USDC from this account for any reasons including: Loss of mobile device, deleting and reinstalling the application, fishing attacks, cybersecurity breaches.
10. Fees:
Anywhere Blockchain will receive a %1 fee on transactions initiated between a Merchant and a Cardholder. Other third party services and Transak may incur additional fees for loading and withdrawing USDC. These fees may be found on https://transak.com/ or any associated website of a service used by the User to load their Card Account Address.
11. Returns and Refunds.
Since we cannot access the USDC on your accounts, we cannot offer returns or refunds for any Cards or Card Account Addresses. The User should treat these accounts as they think about physical cash. If cash is lost, it is not the responsibility of the ATM that issued the cash to the customer to refund the user for losing that physical cash.
12. Receipts, Balance, and Transaction Information for your Card Account Address.
We use the Base blockchain to transact USDC between Card Account Addresses. This blockchain is a public ledger, meaning anyone can view transactions made between Card Account Addresses. As such, the user may view their Card Account history, balance, and transaction history at any time using https://basescan.org/
We update the balance and transaction history of your Card Account Addresses using this tool. Account histories are available at any time to be downloaded from the basescan website. We are not responsible for any downtime or inaccessibility to basescan at any time.
13. Mobile Application Only Access.
You acknowledge that the Card and Application services may be accessed only directly either through the downloadable Regen Card Mobile Application iOS application or Android Application. The Card holder may access their Card Account Address on any iOS and Android application with the necessary NFC specifications and operating system requirements so long as they retain physical possession of their Card and can remember the associated Card Account Password to access their Card Account Address. We advise you to always connect to the Application directly and never to use any third-party intermediaries, and we do not assume any liability for any damages incurred as a consequence of your failure to follow this advice.
14. Supported Digital Assets.
It is in our sole discretion to decide whether a digital asset will be supported. The current list of supported digital assets may be found on our Website. This list of supported digital assets may change from time to time; in that case we shall always update the list accordingly in advance.
Before we change the list of supported digital assets, any unlisted digital assets are considered as unsupported and you may not use your Card or Application to manage (send and/or receive) any funds in such digital assets.
15. Authorization Key Management And Fraudulent Application Notice.
You acknowledge that any authorization keys associated with your account are generated locally on your Device or the Device of the merchant accepting your Card. Your authorization keys are never transmitted to Anywhere Blockchain Corp or anywhere else outside the Device used to accept or login to the Card Account Address, even during a peer to peer transaction. You are solely responsible for keeping your device safe from any third parties, and for using your Card only with Merchants running our official Application.
We are not responsible for loss of USDC in the case of Card usage with fraudulent representations of our mobile application, whether this is due to a remotely installed fraudulent representation by a cybersecurity breach or due to any fraudulent reengineering of our mobile application by thieves and hackers.
16. Transaction processing
You acknowledge that submitted peer to peer transactions must always be confirmed by the respective blockchain network Base and recorded in its public transaction ledger. We are therefore not responsible for processing the transaction and cannot control it in any way. In particular, we cannot cancel, reverse, recover or otherwise control a transaction once it has been submitted to the network. We may only facilitate a submission of your transaction to the respective digital assets network and check whether the transaction has been confirmed by the network.
Once submitted the transaction shall be listed as pending before it is sufficiently confirmed in the blockchain network. Until it is confirmed, the transaction may or may not be completed; therefore the sent digital assets shall not be available to the sender to use in other transactions unless the transaction is rejected by the network and it shall also not be available to the receiver unless the transaction is confirmed by the network.
You acknowledge that the blockchain networks are decentralized and are operated by an undisclosed number of independent third parties always working on finding a consensus on the transaction confirmation or rejection.
You acknowledge therefore that if the transaction is delayed or not completed at all, there might not be a real recourse possibility for you to claim your lost digital assets or incurred damage recovery as any possible errors and mistakes might not be easily accountable to any individual party.
For more information about the the blockchain network we use, Base, and its terms of service, go here: https://www.base.org/
17. AVAILABILITY
We seek to provide continuous uninterrupted Application operation, so you can access and use it at any time.
However, you acknowledge that due to maintenance, repairs or exceptional outages we cannot guarantee uninterrupted (100 %) Application availability.
In the event that the Services are unavailable due to a planned temporary maintenance shutdown, we shall make an effort to inform you thereof in advance. For updates on this information, join our mailing list at https://regencard.app
However, under no circumstances, irrespective whether you have been notified in advance or not, are we liable for any damage incurred by you as a consequence of Application unavailability.
Without prejudice to the above we are not obliged to maintain Application availability and operation, if temporarily or permanently prevented by vis maior - an event or circumstance that is extraordinary, unforeseeable and unpreventable by usual means and with proper care, and that occurred independently of our will; such vis maior event is, among other things, a serious hacking attack.
18. Indemnification
To the fullest extent permitted by applicable laws, you will indemnify and hold Anywhere Blockchain Corp harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your violation of these Terms, or (c) your negligence or willful misconduct. If you are obligated to indemnify any Anywhere Blockchain Corp entity hereunder, then you agree that Anywhere Blockchain Corp (or, at its discretion, the applicable Anywhere Blockchain Corp Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Anywhere Blockchain Corp wishes to settle, and if so, on what terms, and you agree to fully cooperate with Anywhere Blockchain Corp in the defense or settlement of such claim.
19. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYWHERE BLOCKCHAIN CORP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE ANYWHERE BLOCKCHAIN CORP ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (I) ACCESS TO THE SERVICES, WILL BE CONTINUOUS, UNINTERRUPTED, OR TIMELY; (II) THE SERVICES, WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, INCLUDING ANY WALLETS; (III) THE SERVICES, WILL BE SECURE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE; (IV) THE SERVICES, WILL PREVENT ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; OR (V) THAT THE SERVICES, WILL PROTECT YOUR ASSETS FROM THEFT, HACKING, CYBER ATTACK, OR OTHER FORM OF LOSS OR DEVALUATION CAUSED BY THIRD-PARTY CONDUCT.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE ANYWHERE BLOCKCHAIN CORP ENTITIES NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, INTELLECTUAL PROPERTY INFRINGEMENT, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ANYWHERE BLOCKCHAIN CORP ENTITIES OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ANYWHERE BLOCKCHAIN CORP ENTITIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO THE ANYWHERE BLOCKCHAIN CORP ENTITIES FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS HIGHER.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANYWHERE BLOCKCHAIN CORP AND YOU.
IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF YOUR STATE OF RESIDENCE, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
21. Financial Risk
Under no circumstances shall any information within the Application and/or Website or provided to you by us constitute financial, investment or professional advice, unless explicitly stated so.
You are solely responsible for your decisions regarding storing, buying, selling, exchanging, sending and receiving digital assets and you shall always consider your financial circumstances and associated risks before obtaining any digital assets.
You represent that you understand all the risks involved in purchasing, selling and exchanging digital assets. You consider that not all the associated risks of using digital assets are identified in these Terms.
You hereby acknowledge, that you are solely responsible for obtaining the necessary information about tax or similar obligations arising in relation to any submitted transactions and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.
We are not responsible either for obtaining the above-mentioned information or for the fulfillment of such tax (or similar) obligations.
22. Lawful Conduct
You must not use the Services to violate any applicable laws or regulations and you must specifically not undertake, facilitate or support criminal activities including money laundering, illegal gambling, malicious hacking or any other criminal activities.
You must not abuse the Services by imposing unreasonable or large loads of tasks, attempting to gain unauthorized access to parts of Application that are not publicly available, or uploading any materials containing viruses or any other harmful programs.
You must not endeavor to abuse any respective digital assets network including but not limited to sending the digital assets to multiple addresses at once (double spending).
23. Personal Data
The collection of your personal data in connection to Application access and use shall be as limited as possible. Any collection, storage and handling of your personal data shall be governed by a separate set of terms on handling the personal data of Users (Privacy Policy), which shall be published on the Website.
24. COMMUNICATION
You agree that any communication relating to your access to and use of the Services will be addressed to you electronically via notifications available upon accessing the Services or via email (if provided by you in the Application interface). You agree to visit https://regencard.app and update your email address regularly to receive any communication we have addressed to you.
If you provide us with an email address that is incorrect or inaccessible to you we shall assume no liability for your failure to receive any communications addressed to you via such email address.
You can contact us electronically via the tools available on our Website or via the email address kevin@regencard.app. Any electronic communication is considered as delivered when we confirm its delivery to you.
25. No Warranty Regarding Goods and Services.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
26. Changes to Terms
We reserve the right, in our sole discretion, to change these Terms at any time and your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you are not permitted to access or use the Services.
27. Entire Agreement.
These Terms and any other documents incorporated by reference comprise the entire understanding and agreement between you and Anywhere Blockchain Corp as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), between you and Anywhere Blockchain Corp. Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
28. Assignment.
We reserve the right to assign our rights without restriction, including without limitation to any Anywhere Blockchain Corp affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. In the event that Anywhere Blockchain Corp is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under these Terms. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
29. Severability
If any provision of these Terms is determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
30. Termination
We may suspend or terminate your access to and use of the Services at our sole discretion, at any time and without notice to you.
31. Governing Law
You agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms and any Dispute, except to the extent governed by United States federal law.
32. Force Majeure
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
33. Relationship of the Parties
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture between you and Anywhere Blockchain Corp, or authorize you to act as agent of Anywhere Blockchain Corp. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and foregone. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
34. Dispute Resolution, Arbitration Agreement, Class Action Waiver, And Jury Trial Waiver
If you have a dispute with us, you agree to first contact Regen Card Support via our Customer Support page (https://regencard.app). If Regen Card Support is unable to resolve your dispute, you agree to follow our Formal Complaint Process. You begin this process by submitting a complaint form through our contact us page on our Website. We will not accept written complaints.
Disputes with Users Who Reside in the United States or Canada
If you reside in the United States or Canada, and if you have a dispute with us or if we have a dispute with you, the dispute shall be resolved through binding arbitration or in small claims court pursuant to the Arbitration Agreement in Appendix 1 below.
As an illustration only, the following is a summary of some of the terms of the Arbitration Agreement:
Disputes will be resolved individually (in other words, you are waiving your right to proceed against Anywhere Blockchain Corp in a class action). However, if you or we bring a coordinated group of arbitration demands with other claimants, you and we agree that the American Arbitration Association (AAA) must batch your or our arbitration demand with up to 100 other claimants to increase the efficiency and resolution of such claims.
Certain disputes must be decided before a court, including (1) any claim that the class action waiver is unenforceable, (2) any dispute about the payment of arbitration fees, (3) any dispute about whether you have completed the prerequisites to arbitration (such as exhausting the support and Formal Complaint processes), (4) any dispute about which version of the Arbitration Agreement applies, and (5) any dispute about whether a dispute is subject to the Arbitration Agreement in the first instance.
In the event that a dispute is filed with a court that does not fall into one of the above five categories, either you or Anywhere Blockchain Corp may move to compel the court to order arbitration. If the court issues an order compelling arbitration, the prevailing party on the motion to compel may recover its reasonable attorneys’ fees and costs.
Disputes with Users Who Reside Outside the United States and Canada
If you do not reside in the United States or Canada, the Arbitration Agreement in Appendix 1 does not apply to you and you may resolve any claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services in a court of competent jurisdiction.