INFINI Card Terms and Conditions
*Last updated as of November 7, 2024
PREAMBLE
These Terms and Conditions for INFINI Card (the “Terms and Conditions” , together with the fee schedule, privacy policy and any other applicable terms and conditions as shown on this website, the “Agreements”) govern the relationship between you, the holder of INFINI Card (the "Cardholder”, “Customer” or “you”), and Infini (“Infini Labs” “Infini” “we” “us” or “our”) and your use of INFINI Card services as provided by us (“Card Services” or “Service”) through our website and/or API (collectively, the “Site”).
By either affirmatively accept the Agreements in writing or electronically or otherwise use Card Services, You hereby confirm that you have received, read carefully and fully understand and accept all provisions in these Agreements. These Agreements shall be effective and entered into force after we accept the Cardholder’s submitted application and release the INFINI Card to the Cardholder. Subsequently, these Agreements shall continue in effect until the date when you close your INFINI Card and discontinue use of our Card Services.
The use of cryptocurrency may be illegal in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with cryptocurrency in your jurisdiction before using the Card Services.
If you have any questions hereto, please contact our customer support and you are advised to obtain independent legal advice with respect thereto if necessary. If you do not agree to any of the terms of these Agreements, you must not or stop using any our products and services.
For the avoidance of doubt, cryptocurrencies are not held at Community Federal Savings Bank and cryptocurrencies are not FDIC or any similar system insured.
Who May Use the Service
You must be 18 years of age or older and not be a Prohibited Person (as defined below) to use the Services. The Company may utilize certain tools, such as IP-based geofencing, to enforce the above restrictions. By using the Services, you represent that you are not a Prohibited Person.
To help the government fight the funding of terrorism and money laundering activities, which requires all financial institutions to obtain, verify, and record information that identifies each person who requests or accesses an account. This means when you open an INFINI Card, to the extent applicable, we may ask for name, date of birth, address, country identification number, other identifying information and relevant supporting instruments from you that will allow us to identify you.
You acknowledge and agree that you are solely responsible for complying with all applicable laws of the jurisdiction you are located or accessing the Services from in connection with your use of the Services. By using the Services, you represent and warrant that you meet these requirements and will not be using the Services for any illegal activity or to engage in the prohibited activities in Clause 7.2. We may require you to provide additional information and documents regarding your use of the Services, including in case of application of any applicable law or regulation, including laws related to anti-money laundering or for countering the financing of terrorism, or the request of any competent authority. We may also require you to provide additional information or documents in cases where we have reason to believe: (i) that your Account is being used for illegal money laundering or for any other illegal activity; or (ii) you have concealed or reported false identification information or other details.
Amendments
PLEASE NOTE THAT THE TERMS AND CONDITIONS IS SUBJECT TO CHANGE BY INFINI IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Infini will make a new copy of the Terms and Conditions available at within the Services and any new supplemental terms will be made available from within, or through, the affected Service. We will also update the “Last Updated” date at the top of the Terms and Conditions. Any changes to the Terms and Conditions will be effective immediately for new users of the Site and/ or Services and will be effective immediately after posting notice of such changes on the Site and/or Services for existing users of the Services. Infini may require you to provide consent to the updated Terms and Conditions in a specified manner before further use of the Site and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Important Information for Opening a New Card Account
You hereby represent and warrant that all materials and information provided to us during the onboarding process, including but not limited to identification documents, financial statements, and any other KYC-related documentation (collectively referred to as “KYC Materials”), are genuine, complete, accurate, and up-to-date. You acknowledge that any misrepresentation or omission of information in the KYC Materials may result in the suspension or termination of Card Services provided by Infini and could subject you to legal consequences. You agree to promptly notify us of any changes to the KYC Materials and to provide updated documentation as required.
You further agree and acknowledge that we or our service provider may take any and all actions as we in our sole and absolute discretion consider necessary or appropriate for the purpose of complying with the AML laws and our internal policies and procedures with respect to AML/CTF, including but not limited to: (i) any temporary or permanent suspension or termination of your Account or of your access to the our platform or our provision of any Card Services to you; (ii) the imposition of additional limits on your transactions or other activities under your Account; or (iii) seek additional KYC Materials from you and ask you to cooperate with the AML clearance process, without prior notice and without liability or compensation to you.
Please note we do not provide a deposit bank account or stored value facility. Any reference to “Infini Card” on the website is to the accounts through which we provide the above Services, which has no stored value function and cannot be deemed as “bank account” or “payment instrument” under the definition of any applicable laws.
1. DEFINITIONS
“Account”: an account opened and maintained by us for the Cardholder;
“Application”: an application submitted to us by the Cardholder through the Site in order to order the Card;
“Approved Countries”: Regions or nations that do not harbor persons classified as “Prohibited Person” as defined below;
“Available Amount”: the amount of cash collateral available to make purchase in the Cardholder’s Account;
“Business Day(s)”: any day other than a Saturday or a Sunday or a public or bank holiday in relevant jurisdiction;
“Card or INFINI Card”: a good-funds card issued as a virtual card from the Card Issuer to Cardholders;
“Card Issuer”: any bank or financial institution that is a member of an International Card Organization and licensed to issue a Card, which authorizes Infini to provide access services to enable the Cardholder to apply for and use the Card;
“Cardholder”: a person to whom the Card is issued to and who is authorized to use the Card;
“Service Fees”: Any fees associated with the issuance, use, disuse, chargeback of a Card outlined in Appendix I– Infini Card Fee Schedule, which is intended to be indicative in nature and may not constitute an exhaustive enumeration of all fees that may be incurred while utilizing our Services;
“International Card Organization”: an international payment card organization such as MasterCard or VISA as we selected from time to time;
“Means of Authentication”: the Cardholder data, the Card data (CVV, expiration date, etc.), PIN code and/or other means provided to the Cardholder by the Card Issuer that enable the Cardholder to be authenticated and operations initiated, including but not limited to, remote Payment Transactions initiated online;
“Payment Transaction”: transfer of funds to perform purchase initiated by the Cardholder using the Card;
“Prohibited Person”: any person or entity that is (a) listed on (i) any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List; (ii) the EU consolidated list of persons, groups and entities subject to financial sanctions; (iii) the UK Consolidated List of Financial Sanctions Targets; or (iv) any of Switzerland's respective sanctions lists, (b) located or organized in any U.S. embargoed countries or any country that has been designated by the U.S. Government as “terrorist supporting”, (c) a citizen, resident, or organized in, the following jurisdictions (the “Prohibited Jurisdictions”): Abkhazia, Afghanistan, Angola, Belarus, Burundi, Central African Republic, Congo, Cuba, Crimea, Ethiopia, Guinea-Bissau, Iran, Ivory Coast (Cote D’Ivoire), Lebanon, Liberia, Libya, Mali, Burma (Myanmar), Nicaragua, North Korea, Northern Cyprus, People’s Republic of China, Russia, Somalia, Somaliland, South Ossetia, South Sudan, Sudan, Syria, Ukraine (Donetsk and Luhansk regions), United States, Venezuela, Yemen, Zimbabwe; (d) otherwise a party with which the Company is prohibited to deal under the laws of the U.S., the EU (or any of its Member States), the UK, or any applicable foreign jurisdiction, or (e) owned or controlled by such persons or entities listed in (a)-(d).
2. INFINI Card and Card Services
2.1 INFINI Card is issued by a Card Issuer subject to license by an International Card Organization. To be eligible for a INFINI Card, you must be between the ages of 18 and 65 and are not a “Prohibited Person”.
2.2 You may allocate collateral into your Account through the Site with cryptocurrency like USDC or USDT, etc. as available from time to time, subject to the type of the Card. For avoidance of doubt, the collateral allocated to the Account accrue no fiat interest.
2.3 You may use the Card for online platforms globally or certain offline payment scenarios that support Visa or MasterCard acquiring, as applicable, which may be changed from time to time subject to the requirements from the Card Issuer and/or corresponding International Card Organization.
2.4 The Card Issuer may cancel, revoke, repossess or restrict the use of the Card at any time. Infini may decline to authorize or reverse charges or suspend the Card for any reason including but not limited to violation of the Agreements, suspected fraud, and creditworthiness of the Cardholder. Infini may also decline to authorize Payment Transactions at merchants designated by the Card Issuer. Infini will not be responsible for losses resulting from declined or reversed Payment Transactions.
3. Service Fees
3.1 The Service Fees relating to the use of your Card detailed in the “Infini Card Fee Schedule” are attached as Appendix I, along with other fees charged by the Card Issuer, International Card Organization or service provider are referenced in our Site. Service Fees and any other fees related to Payment Transactions or relevant procedures incurred under these Terms and Conditions will be directly deducted from your Account, provided there is a remaining collateral in your Account, unless prohibited by applicable law. The Cardholder agrees to pay all Service Fees and any additional fees charged by the Card Issuer, International Card Organization or service provider in connection with the Card Service, which may be updated from time to time at the sole discretion of Infini.
3.2 Infini’s decision to suspend or block the Card shall not constitute termination of the Agreements. Consequently, the act of blocking the Card, which includes refusing to process Payment Transactions, shall not relieve the Cardholder of the obligation to pay any Service Fees and other fees associated with the Card Services provided.
4. Card issuing and delivery
4.1 To get start with the Card Service, the Cardholder must submit an Application to Infini via the Site.
4.2 Infini, after accepting the Cardholder’s Application, will issue a Card. At this stage, we only offer virtual card.
4.3 The Cardholder, after the issuance of Card, shall be provided with unique means of authentication. Such means of authentication are considered as the Cardholder's signature in order to proceed Payment Transactions. The use of the means of authentication shall constitute the proper consent and authorization to perform Payment Transactions from the Cardholder.
5. Card payments and LIMITATIONS OF tRANSACTION
5.1 Only the Cardholder is entitled to perform a Payment Transaction with the Card. The Payment Transaction can be performed by the Cardholder immediately after a virtual Card is issued.
5.2 The Cardholder may perform Payment Transactions only within the amount located on the Account and in accordance with the Card usage limits (such as monthly maximum amount for Payment Transactions, Card limit for risk control, etc.) stipulated in Clause 13. We reserve the right to determine Card usage limits from time to time at our sole discretion.
5.3 If the Card Issuer determines that the Cardholder’s Card receives, or is likely to receive, a disproportionately high number of declined transactions, reversals, refunds, disputes, fees or other liability, the Cardholder may be subject to certain handling fees upon notice via email. The Cardholder may be refused to use the Card Services if it does not agree to such fees.
5.4 Payment Transaction performed by the Cardholder using the Card may be declined if: (a) the Card is invalid or blocked; (b) the Card Issuer or Infini has closed, suspended or restricted the use of the Cardholder’s Account; (c) the amount of funds needed to perform the Payment Transaction exceeds the available amount of funds on the Cardholder’s Account; (d) the Payment Transaction exceeds the Card usage limits as provided from time to time; (e) any other basis which arises from the Agreements or legal acts or the Cardholder is suspected of fraud or other illegal activities.
5.5 You acknowledge and agree that we have the right to use third parties’ services in order to ensure the execution of Payment Transaction or any other Card Services.
6. Good Funds
The Cardholder can make Payment Transactions up to the Available Amount to pay for goods and services in the Card that are linked to the Cardholder’s account set up by us or our service providers. Before making a Payment Transaction, the Cardholder must ensure the Available Amount is sufficient to cover the full amount of the proposed Payment Transaction. The Cardholder also acknowledges that the amount of each Payment Transaction will be immediately deducted from the corresponding Available Amount either shown in cryptocurrency or fiat units at an exchange rate subject to Clause 10. The Card is a “good funds card” and Infini has the right to use the Available Amount to settle any outstanding balance incurred on the Card (including all related fees) within the time period determined by Infini from time to time, which, other than for fees, may be on the same day or up to a few days after the date of the Payment Transaction.
7. SAFETY AND SECURITY
7.1 The Cardholder has the following obligations to ensure the secure usage of the Card:
(a) to observe the procedures and instructions provided by Infini, the Card Issuer and/or corresponding International Card Organization, as well as other requirements described in the Agreements;
(b) to ensure that each Card is used only by the Cardholder that has been authorised by Card Issuer and Infini to use that Card;
(c) not to share the Card information with any other person, not to record the card information on anything that is carried with the Card or on anything else that is at risk of being lost or stolen; and to regularly review transactions on its Card as recorded on our program.
(d) to immediately inform Infini of any malfunctions that prevent performing Payment Transactions;
(e) to hold sufficient amount of funds on the Account to settle Service Fees and carry out Payment Transactions;
(f) not to provide the Card to any third parties unless otherwise required by law or permitted by the Card Issuer or Infini;
(g) to safeguard the Card and/or means of authentication from any unauthorized use, loss, theft or leakage to any third party, and immediately inform Infini of the occurrence of such event to prevent further loss incurred by the Cardholder;
(h) not to use the Card outside the Approved Countries and/or for any and all illegal activities, including purchases of goods/services prohibited by applicable laws;
(i) to immediately notify Infini of any change of the Cardholder’s personal information; and
(j) to follow any other obligations stated in the Agreements or required by Infini, the Card Issuer and/or corresponding International Card Organization from time to time.
8. Authorized users
8.1 We assume that all Payment Transactions are consented to, authorised and initiated by the Cardholder, unless proven otherwise.
8.2 The use of the Card or means of authentication to initiate a Payment Transaction shall be considered as an authorisation and consent to carry out the Payment Transaction. Unless established differently for the protection of consumer rights, if the Cardholder provides consent to perform a Payment Transaction, the Cardholder is not entitled for a refund unless the payee agrees to refund the amount to the Cardholder.
8.3 You may not request an additional Card to allow another person to access the funds in your Card Account. If you permit another person to have access to your Card, or Card number, you are liable for all Payment Transactions made with the Card and Account, and all related fees incurred, by those persons.
8.4 To cancel a Card, you should contact our customer support and you must follow-up not later than 10 Business Days with the written notification to revoke (cancel) permission for any person you previously authorized to use your Card. Until we have received your notice of such a revocation (cancellation) and have had a reasonable time to act upon the written notification of cancellation, you are responsible for all transactions and fees incurred by you or any other person you have authorized. If you tell us to revoke (cancel) a Card, we may revoke (cancel) your Card and issue a new Card with a different Card number and/or Account number. You are wholly responsible for the use of your Card according to the terms of this Terms and Conditions, subject to the Clause 9 below, and other applicable laws.
9. LOST/STOLEN CARD OR UNAUTHORISED USE
9.1 You agree to exercise reasonable control over the information related to your Card Account, including your Card, access code(s) and PIN. Contact us AT ONCE if you believe your Card or PIN has been lost or stolen.
9.2 You understand and accept that this is an anonymous card which is not registered and cannot be reported lost. If funds are fraudulently withdrawn from the Card Account due to any intended actions or negligence on the part of the Cardholder, we may assist the Cardholder in investigating the transaction within commercially reasonable efforts, striving to help recover any losses. However, we cannot guarantee that any such losses can be recovered. Any reasonable costs incurred as a result of such investigation shall be borne by the Cardholder.
9.3 If the Cardholder believes a Card has been lost or stolen, the PIN or Card details have been compromised and/or the Card has been used without proper authorisation, it must stop using the Card and notify Infini immediately.
9.4 If we suspect unauthorized use, misuse, or fraud related to a Card that compromises the security and integrity of our system, we may report and disclose any information we deem necessary to law enforcement agencies.
9.5 For situations under Clause 9.4, we may request additional information from the Customer in connection with any alleged or suspected unauthorised use, fraud or misuse of the Card including date of transaction(s), amount(s), details of the merchant and any other details that may assist us or our service provider in investigating. The Cardholder agrees to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution or investigation for any alleged or suspected unauthorised use, fraud or misuse of a Card.
10. CONVERSION CURRENCY and rate
10.1 The currency of the Payment Transaction will be determined by the merchant where the Payment Transaction occurs. To complete the Payment Transaction, Infini will, through our third-party service provider, automatically convert the Available Amount to any designated currency at the prevailing FX exchange rate at the time of the Payment Transaction via International Card Organization and use the converted funds in the currency to pay the outstanding balance for that Payment Transaction. The Cardholder acknowledges and agrees that Infini has no control over the FX exchange rates selected by International Card Organization and they may charge a fee as part of this conversion process.
10.2 The Cardholder should ensure that it meet the cash collateral requirement of Available Amount in its Account for a Payment Transaction which shall be determined from time to time by Infini in its sole discretion. If the Available Amount in the Account is, in Infini’s sole opinion, not sufficient, the Payment Transaction may be declined. The Cardholder acknowledges that Infini and/or International Card Organization may perform multiple fund conversions in order to settle a particular transaction.
11. Card Cancellation
11.1 The rules for Card Cancellation shall be determined by the Card Issuer at its sole discretion. The Card may be deactivated by the Card Issuer in accordance with the regulations of the International Card Organization. The Cardholder may contact Infini for assistance regarding any issues related to Card Cancellation.
11.2 For clarity, certain fees may be deducted from the Available Amount of the Account when the Card is deactivated, depending on the type of the Card and subject to the rules of the Card Issuer as updated from time to time.
12. Validity and Card blockage
12.1 If the Account is closed, the Card is considered expired and, therefore, no longer valid from the moment when the Account is closed.
12.2 In order to verify circumstances of Card use, Infini reserves the right to block the usage of the Card if: a) Means of Authentication have been disclosed to any person who has no right to use the Card; b) the Account is cancelled, closed, suspended or restricted; c) the Card is used in the jurisdictions other than the Approved Countries; d) Cardholder’s activities performing Payment Transactions may be associated with fraud or any other illegal activities; e) any obligations are not duly performed by the Cardholder; or f) other grounds which are deemed important for blocking the Card at the sole discretion of Infini.
12.3 Infini shall not be liable for any type of damages caused to the Cardholder or other third parties for Card blockage, unless otherwise determined by law.
13. Limitations on Frequency and Amounts
The total amount that you can perform purchase at any time is limited within your available collateral shown in your Account and is subject to daily purchase frequency limit set by the Card Issuer (if any); the total amount of collateral withdrawals that you can perform in any single day may be limited to a certain amount as set by our internal risk control policy from time to time and is subject to daily withdrawal frequency limit set by the Card Issuer (if any). The maximum value will be determined by aggregating the activity and value of all Card Accounts you may have with us. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card.
14. Card Cancellation and Suspension; Limits
We hereby reserve the right, at our sole discretion, to impose limitations on your use of the Card, which may include restricting or prohibiting specific categories of transactions. We retain the authority to refuse the issuance of a Card, revoke Card privileges, or cancel your Card with or without cause or prior notice, except as mandated by applicable law. Should you wish to terminate the use of your Card, you may do so by contacting our customer support via email or Telegram. You agree not to utilize, nor permit others to utilize, any Card that is expired, revoked, canceled, suspended, or otherwise rendered invalid. We further reserve the right to limit, at our sole discretion, the provision of any services to any individual or in any geographic location. Any offer of services contained within this Terms and Conditions shall be considered void where prohibited by law. The waiver or delay in enforcement of any of our rights under this Terms and Conditions shall not constitute a forfeiture of such rights.
15. Unsuccessful Transactions and third-party fees
Except for the Service Fees charged by us in accordance with the Infini Card Fee Schedule, certain Payment Transactions may also be subject to third-party fees, including, but not limited to, charges imposed by the Card Issuer, the merchant’s bank, or any other involved parties. In the event that a Payment Transaction is not successfully completed, we shall assist you in processing a refund of the corresponding funds and returning them to your Account. However, any fees incurred by third-party service providers in connection with this process, including, but not limited to, refund fees, reversal fees, decline fees, and dispute fees, shall be deducted directly from your Account which have been shown on our website. You hereby acknowledge and accept aforementioned fees and understand we shall have no obligation to refund any such fees to you.
16. ASSUMPTION OF RISK RELATED TO BLOCKCHAIN TECHNOLOGY
16.1 In order to be successfully completed, any transaction involving digital assets initiated by or sent to your Account may be confirmed by and recorded on the blockchain supporting such digital asset. Infini has no control over any blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via our Services will be validated by or confirmed on the relevant blockchain and does not have the ability to facilitate any cancellation or modification requests. In addition, certain third-party service provider may support complex financial transactions that entail a high degree of risk. You accept and acknowledge that you take full responsibility for all activities that you effect through your Account and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Account, to the maximum extent permitted by law. You further accept and acknowledge that: You (a) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Account; (b) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Account; (c) know, understand and accept the risks associated with your Account; and (d) accept the risks associated with blockchain technology generally, and are responsible for conducting your own independent analysis of the risks specific to any digital assets you purchase or sell. You further agree that Infini will have no responsibility or liability for, such risks.
16.2 The prices of digital assets can be extremely volatile. Infini makes no warranties as to the markets in which digital assets are transferred, purchased, or traded.
16.3 You are solely responsible for determining what, if any, taxes apply to your transactions of digital assets. Infini is not responsible for determining the taxes that apply to digital asset transactions.
16.4 The transaction details you submit via the Services may not be completed, or may be substantially delayed, as a result of activity or lack thereof on the blockchain used to process the transaction. Once transaction details have been submitted through your Account, Infini cannot assist you to cancel or otherwise modify your transaction or transaction details. Infini makes no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any digital asset.
16.5 There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Account; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You accept and acknowledge that Infini will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using blockchain technology, however caused.
16.6 The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of digital assets.
16.7 Infini makes no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of certain digital assets. You acknowledge and accept that the protocols governing the operation of a blockchain may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of digital assets supported by that blockchain.
16.8 Infini makes no guarantee as to the security of any blockchain. Infini is not liable for any hacks, double spending, stolen digital assets, or any other attacks on a blockchain.
16.9 The Services rely on, and Infini makes no guarantee or warranties as to the functionality of or access to, any third-party Account and third-party service provider to perform any transactions.
17. Disclaimer of Warranties
17.1 The Services and any information or materials provided by Infini are provided on an “as is” and “as available” basis. Infini expressly disclaim and the Customer waives any and all warranties of any kind, whether express or implied, including, without limitation: (a) implied warranties of merchantability, fitness for a particular purpose, title and/or non-infringement; and (b) warranties arising from the course of performance, course of dealing or usage in trade.
17.2 The Customer acknowledges that: (a) Infini does not represent or warrant that the Services, any interface used to access the Services, the Site or any information or materials provided or made available by Infini are accurate, complete, reliable, current, error-free, free of viruses or other harmful components, or any other defects; and (b) Infini does not guarantee that any order will be executed, accepted, recorded or remain open.
17.3 Except for the express statements set forth in the Terms and Conditions, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to its use and access by you of our Site and/or the Services.
17.4 You hereby understand and agree that Infini will not be liable for any losses arising out of or relating to: (a) any inaccuracy, defect or omission of any pricing information relating to a digital asset; (b) interruption in any such data; (c) any error or delay in the transmission of such information; and (d) any damages incurred by another Customer’s actions, omissions or violation of these Terms.
17.5 Infini cannot ensure or warrant the security or confidentiality of information transmitted to Infini or received from Infini through electronic means, which includes the internet, wireless connection, email, phone, and SMS, since Infini has no way of ensuring that the transmission of such information is protected at all times. If you have reason to believe that your data is no longer secure, you should contact Infini at the email address, mailing address or telephone number published on our website or as notified to the Customer from time to time.
17.6 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT INFINI ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD INFINI PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. INFINI MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. INFINI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONNECTED CONTENT OBTAINED THROUGH THE SERVICES.
17.7 Notwithstanding anything to the contrary in this Terms and Conditions, Infini shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to (i) the ownership, validity or genuineness of any digital asset; (ii) the collectability, insurability, effectiveness, marketability or suitability of any digital asset; or (iii) any losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond Infini’s control, including without limitation the failure of a blockchain or third-party services provider.
18. Limitation of Liability
18.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL INFINI PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, ETHEREUM OR OTHER VIRTUAL CURRENCY, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT INFINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS and conditions OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
18.2 CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF Infini AND ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE Service FEES specifically RECEIVED BY Infini (EXCLUDING ANY FEES incurred pursuant to clause 15) DURING THE TWELVE MONTHS PRECEDING THE OCCURRENCE OF THE RISK EVENT.
19. TERM AND TERMINATION
19.1 Term. The Agreements commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Terms and Conditions.
19.2 Termination of Services by Infini. Infini is free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Agreements. Infini has the sole right to decide whether you are in violation of any of the restrictions set forth in these Agreements. If we suspend your use of the Services, you may continue to access your Account directly or through other services not hosted by us. Infini will not have any liability whatsoever to you for any suspension or termination.
19.3 Termination of Services by You. If you want to terminate the Services provided by Infini, you may do so by ceasing your use of the Services.
19.4 Survival. All provisions of these Agreements which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
19.5 No Subsequent Use. If your ability to access the Services or any other Infini community is discontinued by Infini, then you agree that you shall not attempt to access the Services or any Infini community through use of a different Account, third-party Account, member name or otherwise. In the event that you violate the immediately preceding sentence, Infini reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
20. Miscellaneous
20.1 Further Assurances. On a party’s reasonable request, the other party shall, at such other party’s sole cost and expense, execute and deliver all such documents and instruments, and take all such further actions, necessary to give full effect to this Terms and Conditions.
20.2 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
20.3 Notices. Except as otherwise expressly set forth in this Terms and Conditions, all notices, requests, consents, claims, demands, waivers, and other communications under this Terms and Conditions have binding legal effect only if in writing and addressed to a party according to the contact information as designated. Notices sent in accordance with this clause shall be deemed effectively given: (a) when received, if delivered by hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier, signature required; (c) when sent, if by facsimile or email, (in each case, with confirmation of transmission), if sent during the addressee’s normal business hours, and on the next Business Day, if sent after the addressee’s normal business hours; and (d) on the tenth day after the date mailed by certified or registered mail, return receipt requested, postage prepaid.
20.4 Headings. The headings in this Terms and Conditions are for reference only and do not affect the interpretation of this Terms and Conditions.
20.5 Entire Agreement. this Terms and Conditions, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Terms and Conditions and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
20.6 Assignment. Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Terms and Conditions, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without Infini’s prior written consent, which consent Infini may give or withhold in its sole discretion. For purposes of the preceding sentence, and without limiting its generality, any merger, consolidation or reorganization involving Customer (regardless of whether Customer is a surviving or disappearing entity) will be deemed to be a transfer of rights, obligations or performance under this Terms and Conditions for which Infini’s prior written consent is required. No delegation or other transfer will relieve Customer of any of its obligations or performance under this Terms and Conditions. Any purported assignment, delegation or transfer in violation of this clause is void. This Terms and Conditions is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
20.7 No Third-Party Beneficiaries. this Terms and Conditions is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever, under or by reason of this Terms and Conditions.
20.8 Modification; Waiver. No waiver by any party of any of the provisions hereof is effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Terms and Conditions, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Terms and Conditions will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
20.9 Severability. If any provision of this Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Terms and Conditions so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
20.10 Governing Law. This Terms and Conditions shall be governed by, and shall be construed in accordance with, the laws of Cayman Islands, without reference to its conflict of laws principles.
20.11 Dispute Resolution. The parties to this Terms and Conditions irrevocably agree that any claim, dispute, or controversy of whatever nature arising out of or relating to this Terms and Conditions, including, without limitation, any action or claim based on tort, contract, or statute (including any claims of breach), or concerning the interpretation, effect, termination, validity, performance and/or breach of this Terms and Conditions, shall be resolved by final and binding arbitration before a single arbitrator selected from and administered by Hong Kong International Arbitration Centre in accordance with the then-existing UNCITRAL Arbitration Rules..
20.12 Force Majeure. We shall not be liable or responsible to Customer, nor be deemed to have defaulted under or breached this Terms and Conditions, for any failure or delay in fulfilling or performing any term of this Terms and Conditions, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) changes in law; and (e) action by any governmental authority.
20.13 Counterparts. This Terms and Conditions may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.
20.14 Language. This Terms and Conditions has been negotiated and executed by the Parties in English, and any interpretation or construction of this Terms and Conditions shall be based thereon. In the event any translation of this Terms and Conditions or any document or notice relating to it is prepared for convenience or any other purpose, the provisions of the English version shall prevail.
APPENDIX I
Infini Card Fee Schedule
(may be updated from time to time)
|
Items |
Infini Meow Card |
Infini Woof Card |
Notes |
|
Card Issuance Fee |
$9.90
|
(coming soon) |
This is the price for one single Card only. You may have multiple Cards under your Account.
Note: Only Infini Woof Card can be added into Apple Pay or Google Pay. |
|
Crypto Conversion Fee |
Free |
(coming soon) |
This refers to fees converting USDT/USDC to USD via our service provider, which will be executed automatically to complete each purchase. |
|
Annual Administration Fee |
Free |
(coming soon) |
This refers to account management and maintenance fee. |
|
Inbound Transfer Fee |
Free |
(coming soon) |
Zero fees charged for transfers between Infini Accounts. |
|
Processing Fee |
1.00% |
(coming soon) |
A standard fee of 1.00% of the transaction amount will be charged. |