1. Introduction
These Terms of Use (the "Terms") set out the rules for your access to and use of the services offered by CowCard.
These Terms cover your use of our website, Telegram bot, Telegram mini application, mobile and web-based interfaces, wallet services, card services, together with every related product, feature, and function (collectively, the "Services").
Among other things, our Services may cover crypto-funded payment features, wallet services, card issuance and management, balance display, funding and settlement tools, integration with digital wallets (including Apple Pay and comparable services), payment processing, transaction monitoring, and customer support.
When you access or use the Services, open an account, interact with our Telegram bot or mini application, or otherwise engage with our platform, you agree to be bound by these Terms and by any further policies referred to here, including our Privacy Policy.
From time to time we may revise or amend these Terms. Any revisions will be posted through the Services or otherwise made available to you. It is your responsibility to review these Terms regularly so you remain aware of any changes. If you keep using the Services after updated Terms are published, that constitutes your acceptance of those changes.
Unless expressly stated otherwise, these Terms apply to both individual and corporate users. By accessing or using the Services, you agree to be bound by these Terms.
We advise you to read these Terms carefully before you use the Services. If any provision seems unclear or needs clarification, please reach out to us before you continue using the Services.
It is your responsibility to make sure you understand the terms and conditions that apply to your use of the Services.
We suggest that you print or save a copy of these Terms, along with any relevant fee or pricing information, for your records. The latest version of the Terms is always accessible through the Services, including inside the Telegram bot or other interfaces the Company provides.
2. Services
Through its Telegram bot, embedded mini application, and other officially designated platforms (collectively, the "Services"), the Company gives users access to a range of functions relating to digital assets and payment services. The scope of the Services includes, but is not limited to, the following:
2.1 Asset Conversion
Users may convert supported digital assets using interfaces the Company makes available. Conversion functionality may be reached through the Telegram bot, mini application, or other interfaces, letting users start and complete transactions that involve the exchange or conversion of assets.
Every such transaction is subject to the applicable fees, exchange rates, and execution conditions shown at the time of the transaction. The Company gives no guarantee of specific rates or execution outcomes beyond those confirmed at the point of transaction.
2.2 Card Services
Through authorised third-party issuers and programme partners, the Company lets users access virtual and/or physical payment card services (the "Card Services").
The issuance, delivery, activation, and use of any card depend on the terms and conditions of the relevant issuer or programme provider and may differ according to the user’s location, regulatory requirements, and applicable restrictions. The Company acts as an interface and facilitator, giving access to such services and showing the relevant pricing, fees, and conditions through the Services at the time of use.
2.3 Non-Custodial Balance Functionality
The Company does not offer custodial wallet services and does not hold digital assets for users in the way that a regulated custodian or financial institution would.
Users may, however, interact with internal balance representations within the Services in connection with features such as asset conversion, card funding, and settlement operations. Such balances are kept and processed through third-party infrastructure and are not electronic money accounts, bank accounts, or regulated wallet services.
Section 10 describes the non-custodial nature of the Services in full, including the lack of control over private keys and the role of third-party financial infrastructure.
2.4 Transaction Execution
Transactions started through the Services are processed by integrated third-party providers, including payment institutions, liquidity providers, and technical infrastructure partners.
Once a transaction has been executed, it is regarded as final and binding, subject to applicable law. Users alone are responsible for checking all transaction details before submission, including recipient information, amounts, and asset types.
The Company reserves the right to refuse, delay, restrict, or cancel any transaction where doing so is necessary to comply with applicable law, contractual obligations, or internal risk and compliance policies, including in cases of suspected fraud, misuse, or breach of these Terms.
2.5 Compliance, AML, and Risk Controls
The Company works within a compliance framework and applies anti-money laundering (AML), sanctions, and risk control measures together with authorised third-party providers.
User activity, including transactions and behavioural patterns, may be monitored for compliance and risk purposes. Certain transactions or activities may trigger additional checks, restrictions, or verification requirements in line with applicable laws, regulatory obligations, or partner requirements.
The Company reserves the right to suspend, restrict, or terminate access to the Services where this is needed to meet AML obligations or sanctions requirements, or where user activity is considered suspicious, unlawful, or inconsistent with the integrity of the platform.
At its discretion, the Company may update or replace compliance, monitoring, or verification providers without prior notice, so long as such changes do not lower the level of compliance required under applicable law.
3. Third-Party Services and Integrations
To deliver the Services in a working and secure way, the Company depends on a number of third-party service providers, platforms, and technology partners. These third parties underpin key parts of the Services, including infrastructure, transaction execution, compliance controls, card programme functionality, and operational processes.
By using the Services, you acknowledge and agree that certain features and functions rely on integrations with third-party providers. Because of this, parts of the Services may be subject to the terms, conditions, and policies of those third parties.
3.1 Core Infrastructure and Integrations
As part of its Service offering, the Company makes use of third-party technologies and platforms. In particular, the Services are delivered through the Telegram platform, including via a Telegram bot and embedded mini application. Telegram serves as a communication and interface layer between you and the Company. The Company has no control over the operation, availability, or security of Telegram and is not responsible for any outages, delays, unauthorised access, or other issues that arise from the use of Telegram infrastructure.
Card-related functionality is delivered through licensed third-party issuers and programme partners. Any payment cards offered through the Services are issued, managed, and operated by those third parties. The Company acts only as an interface and facilitator and does not itself issue payment cards, hold card balances, or act as a regulated issuer or financial institution.
Your relationship with the relevant card issuer or programme provider is governed by separate terms and conditions, which you may need to accept when requesting, activating, or using a card.
3.2 Scope of Responsibility and Disclaimer
Although the Company aims to work with reputable and reliable third-party providers, it does not guarantee the uninterrupted availability, security, or legal compliance of any third-party services.
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, the Company shall not be liable for any loss, damage, or disruption resulting from the acts or omissions of third-party providers.
In particular, the Company shall bear no responsibility for:
- any technical failure, downtime, delay, or error brought about by third-party systems or infrastructure;
- any direct or indirect loss arising from the performance or non-performance of third-party providers;
- the data protection, privacy, or compliance practices of those third parties;
- any acts or omissions of Telegram, card issuers, payment partners, or other external platforms outside the Company’s control.
We encourage you to review the applicable terms of service and privacy policies of any third-party providers whose services are accessed or used in connection with the Services.
At its sole discretion, the Company reserves the right to change, replace, or discontinue any third-party provider or integration at any time, with or without notice, as long as such changes do not materially reduce the overall availability or security of the Services.
4. User Registration and Data
4.1 No Traditional Account Registration
The Company does not require users to set up a traditional account with a username and password to access the Services. Users may engage with the Services directly through the Telegram bot, mini application, or other designated interfaces by starting communication and choosing the features on offer.
Access to the Services is session-based and tied to the user’s interaction with the relevant platform (such as Telegram), rather than to a standalone account registration system. The Company does not issue or manage login credentials in the conventional sense.
4.2 Limited Data Collection
The Company takes a data minimisation approach and gathers only the information needed to provide the Services, keep them functional, and meet applicable legal and regulatory requirements.
Depending on how the Services are used, this may include identifiers tied to your Telegram account (such as user ID or username), contact details you voluntarily provide (such as email address or telephone number), device and technical data (including IP address, device type, and operating system), as well as technical logs and metadata relating to your use of the Services and transaction activity.
Where card-related features are used, limited transaction-related information may also be processed, including balance representations and transaction history as shown through the Services.
Where necessary to meet applicable laws, regulatory obligations, or partner requirements, the Company may ask for government-issued identification documents or other verification information.
4.3 Risk Monitoring and Verification
The Company may ask for additional information or apply verification measures where necessary.
The situations in which additional checks may apply, and the anti-money laundering, sanctions, and risk control framework under which they are carried out, are described in Section 2.5.
4.4 Privacy and Data Processing
All personal and technical data processed in connection with the Services is handled in line with the Company’s Privacy Policy, which forms an integral part of these Terms.
The Company acts as a data controller with respect to user data and puts in place appropriate technical and organisational measures designed to protect such data against unauthorised access, alteration, disclosure, or destruction.
Users acknowledge and agree that certain categories of data may be shared with third-party service providers solely to provide the Services, ensure compliance, and maintain system functionality. Such third parties may include, among others, the Telegram platform and infrastructure providers.
The Company neither sells personal data nor uses user data for commercial resale purposes.
4.5 User Acknowledgement and Responsibility
By using the Services, you acknowledge and consent to the collection and limited sharing of data as set out in these Terms and in the Privacy Policy.
The Company shall not be responsible for any unauthorised access, loss, or disclosure of data resulting from circumstances beyond its reasonable control, including vulnerabilities, failures, or security issues connected with third-party platforms such as Telegram or other integrated services.
Users are strongly encouraged not to disclose unnecessary personal or sensitive information when interacting with the Services.
5. Fees and Transaction Execution
5.1 Service Fees
The Company makes the Services available subject to applicable fees, which may include, among others, charges for digital asset conversion, card issuance, funding, withdrawals, and other transactions.
All applicable fees (the "Service Fees") are shown within the Services, including through the Telegram bot or other interfaces, before any transaction is confirmed. By confirming a transaction, you agree to pay the disclosed Service Fees.
The Company does not impose hidden fees or retroactive charges. All fees are presented transparently at the point of user action.
5.2 Indicative Pricing and Volatility
Any price, rate, or quotation shown in connection with digital asset transactions (the "Quoted Price") is indicative and reflects market conditions at the moment of the request.
Because digital asset markets are inherently volatile, the Quoted Price may change between the moment of initiation and the moment of execution. The Company does not guarantee the stability, availability, or accuracy of any indicative pricing before confirmation.
5.3 Final Price and Execution
The final rate that applies to a transaction (the "Final Price") is the rate shown to you immediately before confirmation within the Services.
By confirming the transaction, you authorise the Company and/or its integrated service providers to carry out the transaction at the Final Price and to deduct the applicable Service Fees.
After confirmation, the transaction will be processed as soon as reasonably practicable. Until execution takes place, a transaction request may be treated as pending and non-binding.
The Company shall not be liable for any losses caused by price fluctuations, execution delays, or technical or blockchain-related processing delays.
5.4 Confirmation and Settlement
Once execution occurs, the Company will supply a transaction confirmation through the Services, including details such as the Final Price, transaction amount, and applicable fees.
Where transactions involve card issuance, fiat payouts, or third-party settlement, the Company will pass the relevant instructions to its partners. The timing of settlement and completion may depend on third-party processing times and is outside the direct control of the Company.
5.5 Irrevocability of Transactions
You acknowledge and agree that every executed transaction is final, non-reversible, and non-refundable. This includes, without limitation, digital asset transactions, fiat payouts, and card-related operations.
The Company has no obligation to modify, cancel, or reverse any transaction once you have confirmed it, regardless of errors, changes of intent, or market movements.
The Company may, however, at its sole discretion and without obligation, consider cancellation requests if the transaction has not yet been executed.
5.6 Wallet Ownership and Responsibility
For any transaction involving external wallets or payment destinations, you represent and warrant that the wallet address, account, or payment details you provide are accurate and under your control.
The Company does not verify ownership of external wallet addresses and shall not be liable for any loss caused by incorrect, compromised, or unauthorised addresses or payment details.
5.7 Right to Refuse or Restrict Transactions
At its sole discretion and without liability, the Company reserves the right to refuse, delay, suspend, or cancel any transaction where doing so is necessary to:
- observe applicable laws, regulations, or orders of competent authorities;
- uphold these Terms or internal compliance policies;
- respond to suspected fraud, abuse, or unlawful activity;
- satisfy AML, sanctions, or risk management requirements;
- handle operational, technical, financial, or reputational risks.
The Company may also apply further protective measures, including temporary holds or restrictions, while further review is carried out.
5.8 User Responsibility
You alone are responsible for making sure that sufficient funds are available to complete any transaction, including applicable fees.
The Company may decline to process a transaction where insufficient funds are available at the time of confirmation. The Company shall not be liable for any direct or indirect losses arising from failed or delayed transactions.
5.9 No Refund Policy
Service Fees paid in connection with completed Services cannot be refunded, including fees for successfully executed transactions, card issuance, or withdrawals.
You have no right to compensation or reimbursement except where required by applicable law or where a transaction has failed because of a technical issue directly attributable to the Company.
6. User Obligations and Prohibited Use
6.1 Lawful Use of the Services
By accessing or using the Services, you agree to obey all applicable laws, regulations, and legal requirements in your country of residence, together with any laws governing the use of digital assets, payment services, and online platforms.
You may use the Services only for lawful purposes and in line with these Terms. Using the Services in connection with any illegal, fraudulent, abusive, or unauthorised activity is strictly prohibited.
You alone are responsible for making sure that your use of the Services, including any transactions you initiate, is lawful and does not breach any applicable legal or regulatory requirements.
6.2 Prohibited Activities
You agree not to use the Services, whether directly or indirectly, for any activity that is unlawful, abusive, or inconsistent with the intended purpose of the platform. This includes, without limitation:
- taking part in or enabling money laundering, terrorist financing, sanctions evasion, or any breach of applicable financial crime laws;
- carrying out fraud, deception, identity theft, or unauthorised access to accounts, wallets, or systems;
- carrying out transactions relating to illegal goods or services, including but not limited to prohibited weapons, illicit substances, or unlawful content;
- taking part in unlicensed gambling, betting, lottery schemes, or similar activities;
- running or supporting fraudulent investment schemes, pyramid schemes, Ponzi structures, or misleading financial activities;
- employing the Services for businesses or activities that need a licence or regulatory approval where such authorisation has not been obtained;
- employing payment instruments, wallets, or accounts without proper authorisation or legal ownership;
- seeking to interfere with, circumvent, or manipulate the Company’s security, compliance, or transaction monitoring systems;
- employing automated tools, scripts, bots, or technical exploits to access or misuse the Services;
- undertaking any activity that could expose the Company, its users, or its partners to legal, regulatory, reputational, or financial risk.
The Company reserves the right to interpret and broaden the scope of prohibited activities where necessary to protect the integrity of the Services.
7. Limitation of Liability
7.1 Disclaimer of Warranties and Service Availability
To the greatest extent permitted by applicable law, the Services are supplied on an "as is" and "as available" basis.
The Company gives no representations or warranties, whether express or implied, about the availability, reliability, accuracy, performance, or continuity of the Services, or of any data, transactions, or content made available through the platform.
The Company may carry out scheduled or unscheduled maintenance, updates, or improvements, which may cause temporary interruptions, delays, or limited availability of the Services. The Company shall not be liable for any losses, missed opportunities, or damages arising from such interruptions.
You alone are responsible for evaluating your financial situation, technical understanding, and risk tolerance before using the Services. All use of the Services is at your own risk. The Company gives no service level guarantees or uptime commitments, and the availability of the Services depends on several independent systems.
7.2 User Responsibility and Liability
The Company shall not be liable for any loss, damage, or liability arising from your acts or omissions, including but not limited to:
- failing to comply with these Terms or applicable laws;
- mistakes in transaction details, including incorrect wallet addresses, payment instructions, or amounts;
- misusing or improperly using the Services;
- unauthorised access that results from your failure to secure your Telegram account, device, or credentials;
- using the Services in breach of any restrictions or limitations.
You carry full responsibility for checking all transaction details and making sure that your use of the Services is lawful.
7.3 Third-Party Services
The Services depend on third-party providers, including but not limited to Telegram, card issuers, payment partners, and infrastructure providers. The scope of the Company's responsibility for such providers is described in Section 3.2.
Any use you make of third-party services is at your own risk and governed by their respective terms and policies.
7.4 Technical Risks and External Dependencies
The Company does not guarantee uninterrupted or error-free operation of the Services. Because it relies on external infrastructure, APIs, and distributed systems, disruptions may arise outside the Company’s control. In particular:
- the Services rely on the availability and proper functioning of the Telegram platform, and any disruption, restriction, or failure of Telegram may affect access to the Services;
- the Company has no control over blockchain networks, and transaction delays, network congestion, failed confirmations, or changes in transaction fees may affect execution;
- third-party providers may suffer outages or operational failures that affect the availability or functionality of the Services.
Such events shall not amount to a breach of these Terms.
7.5 Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations where that failure or delay arises from events beyond its reasonable control, including but not limited to natural disasters, acts of war, civil unrest, terrorism, pandemics, regulatory actions, network failures, power outages, labour disputes, cybersecurity incidents, or failures of financial institutions or payment systems.
During such events, the Company’s obligations may be suspended or delayed for as long as the impact lasts. The Company will make reasonable efforts to restore Services, but you acknowledge that no compensation or liability shall arise from such disruptions.
7.6 Transactions During Disruptions
Transactions started during technical disruptions or force majeure events may be delayed, cancelled, or executed under changed conditions.
The Company does not guarantee the execution, timing, or pricing of such transactions and shall not be liable for any resulting losses. Transaction conditions, including exchange rates, may change before execution.
7.7 Exclusion of Indirect Damages
To the fullest extent permitted by law, the Company shall bear no liability for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:
- lost profits, revenue, business opportunities, or reputation;
- lost data or digital assets;
- an inability to access or use the Services.
8. Suspension and Termination
8.1 Termination by the User
You may stop using the Services at any time. Where applicable, you may send a request to end your use of the Services through the Company’s official communication channels, including via the Telegram bot or designated support email.
The Company may need enough information to identify your activity (such as your Telegram ID or associated contact details) and may ask for additional verification to prevent unauthorised or fraudulent requests.
Once verification is complete, access to the Services may be disabled. The Company is not, however, obliged to delete transaction records, keep access open, or reverse any completed Services, except where required by applicable law. All obligations incurred before termination, including fees, liabilities, or breaches, shall remain in full force.
No refunds, compensation, or reimbursement will be provided in connection with termination that you initiate.
8.2 Suspension or Termination by the Company
At its sole discretion and with or without notice, the Company reserves the right to suspend, restrict, or terminate your access to the Services, in whole or in part. Such action may be taken in circumstances that include, but are not limited to:
- technical or operational reasons, such as maintenance, system changes, infrastructure updates, or the discontinuation of features;
- legal or regulatory requirements, such as compliance with applicable laws, sanctions, court orders, or obligations to partners;
- a suspected or actual breach of these Terms, including prohibited use or misuse of the Services;
- the detection of suspicious, fraudulent, or high-risk activity;
- actions that could expose the Company or its partners to legal, financial, or reputational risk.
The Company may likewise act on information obtained from third-party service providers, compliance partners, or risk monitoring systems.
8.3 Consequences of Termination
When access to the Services is terminated or suspended:
- you must immediately stop all use of the Services;
- the Company may cancel, suspend, or reject any pending or unconfirmed transactions;
- the Company is not obliged to complete, restore, or reprocess any transactions affected by such termination;
- the Company may keep personal data, transaction records, and related information in line with its Privacy Policy, internal compliance procedures, and applicable legal obligations;
- you remain responsible for any outstanding obligations, liabilities, or violations arising before termination.
Re-accessing or attempting to access the Services after termination without the Company’s explicit written consent is prohibited. The Company may block or reject any such attempts, including those linked to associated identifiers, devices, or accounts.
8.4 Finality of Decisions
You acknowledge and agree that, where necessary to protect its legal, regulatory, commercial, or reputational interests, the Company may suspend or terminate access to the Services without prior notice or explanation.
All such decisions shall be final, and the Company shall have no obligation to restore access or provide compensation, except where required by applicable law.
9. Changes to the Terms
9.1 Right to Modify
The Company reserves the right, at its sole discretion, to amend, update, supplement, or replace these Terms at any time, in whole or in part, without first obtaining consent from users.
Such changes may reflect, among other things, changes to the nature, scope, or availability of the Services, changes in applicable laws, regulations, or compliance requirements, updates to technology, infrastructure, or third-party integrations, adjustments to risk management or internal policies, and changes to pricing, fees, or the Company’s business model.
Updates may touch any part of these Terms, including definitions, user obligations, liability limitations, and other material provisions.
9.2 Notification of Changes
Where appropriate, the Company may inform users of material changes through the Services, including via the Telegram bot, system messages, or email where provided.
Revised versions of the Terms will be published through the Services, including via accessible links or designated sections within the platform.
You acknowledge and agree that such methods amount to sufficient and valid notice, that it is your responsibility to review updates and stay informed of the current version of the Terms, and that the Company is not required to give individual or personalised notice.
9.3 Effective Date and Acceptance
Unless stated otherwise, changes to these Terms take effect immediately upon publication or on the date set out in the relevant notice (the "Effective Date").
If you keep using the Services after the Effective Date, that constitutes your acceptance of the updated Terms.
If you do not agree with the changes, your only remedy is to stop using the Services and, where applicable, request termination in accordance with Section 8.
The Company shall not be liable for any loss, disruption, or damages arising from changes to these Terms or from your decision to stop using the Services.
10. Non-Custodial Nature of the Services
10.1 Technical Interface Only
Through its Telegram bot and other official interfaces (the "Services"), the Company provides access to certain functions, including digital asset conversion, card-related services, and payment initiation.
The Company acts only as a technical interface that enables interaction with third-party providers and infrastructure. The Company does not itself provide custody, settlement, or financial account services. In particular, the Company does not:
- run or provide custodial wallets or accounts;
- host or manage blockchain wallets for users;
- hold, keep, or safeguard digital assets or fiat funds.
All transactions are carried out through third-party providers, and the Company does not directly receive, hold, or transfer funds for users.
10.2 No Control Over Private Keys or Wallet Access
The Company neither generates, requests, accesses, stores, nor controls private keys, seed phrases, or wallet credentials.
You acknowledge and agree that any wallets used in connection with the Services are controlled either by you or by independent third-party providers, that the Company is unable to recover access to any wallet or reverse any blockchain transaction, and that the Company does not monitor or control wallet balances or availability.
You alone are responsible for keeping your wallet credentials and transaction details secure, confidential, and accurate.
10.3 No Fiduciary or Custodial Relationship
Nothing in these Terms or in your use of the Services gives rise to any fiduciary, custodial, trustee, or agency relationship between you and the Company.
The Company does not act as a custodian, trustee, escrow provider, or financial intermediary in relation to your assets.
10.4 Third-Party Financial Infrastructure
Where the Services involve balances, payments, or card-related functionality, those services are provided and maintained by licensed third-party financial institutions, payment service providers, or card issuers.
The Company has no control over such balances and shall bear no responsibility for:
- delays in settlement or processing times;
- the loss of funds held by third-party providers;
- the insolvency or operational failures of such providers;
- account restrictions, freezes, or enforcement actions applied by third parties or regulators.
Your relationship with such providers may be governed by their own terms and policies.
11. Risk Disclosure, No Advice, and Indemnification
11.1 Acknowledgement of Risk
By using the Services, you expressly acknowledge and accept that transactions involving digital assets (including cryptocurrencies, tokens, and blockchain-based instruments) carry inherent risk.
Such risks include, without limitation, market volatility, where asset prices may move rapidly and unpredictably; irreversibility of transactions, meaning that once submitted, transactions cannot be cancelled or reversed; technological risks, including delays, failures, or loss of transactions caused by network issues, smart contract errors, or third-party failures; regulatory risks, as the legal status of digital assets differs across jurisdictions and may change; and security risks, where you alone are responsible for safeguarding your wallets, credentials, devices, and access to Telegram or other interfaces.
The Company does not guarantee any particular outcome, price, or availability of Services, and you take full responsibility for any losses arising from your use of the Services.
11.2 No Warranties and No Financial Advice
The Company gives no guarantees about the pricing, execution, availability, or timing of transactions, including exchange rates, blockchain confirmations, or payment processing.
You acknowledge that the Company is not a licensed financial advisor, broker, asset manager, or investment firm. The Services are provided only as a technical interface enabling transactions and do not include financial, investment, legal, or tax advice.
No communication from the Company, whether through the Telegram bot, support channels, or system interfaces, shall be read as a recommendation, endorsement, or advice to buy, sell, hold, or otherwise transact in any asset.
You alone are responsible for your decisions and are encouraged to obtain independent professional advice where necessary.
11.3 Responsibility for Transactions and Errors
You are responsible for keeping track of your transaction history and confirming the accuracy of all transaction details.
If an error or suspected unauthorised activity occurs, you must tell the Company without undue delay. The Company may, at its discretion, take reasonable steps to investigate or assist, but does not guarantee recovery of funds or reversal of transactions.
11.4 Limited Liability for Unauthorised Transactions
Where required by applicable law, the Company may be liable for unauthorised transactions directly caused by its fault. Such liability shall not apply, however, where:
- you do not notify the Company without undue delay;
- the loss stems from your failure to keep your account, device, or credentials secure;
- you have behaved fraudulently or with gross negligence;
- the transaction is challenged after an unreasonable period of time.
So far as the law permits, any liability shall be confined to the minimum required by applicable legislation.
11.5 Indemnification
You agree to indemnify and hold harmless the Company, together with its affiliates, partners, and service providers, from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:
- any breach by you of these Terms;
- your breach of applicable laws or regulations;
- any misuse by you of the Services;
- any transaction or activity you initiate.
This obligation shall survive the termination of your use of the Services.
Where you act on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity and that the Services will not be used in breach of applicable laws or for undisclosed or unlawful business purposes.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms, and any dispute, claim, or controversy arising out of or in connection with them or with the use of the Services, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
You acknowledge that the Company may not be registered or licensed in every jurisdiction, so certain consumer protection or financial regulatory frameworks may not apply depending on your place of residence.
12.2 Pre-Dispute Resolution
Before starting any formal legal proceedings, you agree first to try to resolve any dispute by contacting the Company through its official support channels, including the Telegram bot or designated support email.
The Company shall be allowed up to thirty (30) calendar days to review and reply to such request in good faith.
12.3 Arbitration Agreement
Once the pre-dispute resolution process has been completed, any dispute, controversy, or claim arising out of or in connection with these Terms, including their validity, interpretation, performance, breach, or termination, shall be finally settled by arbitration.
The arbitration shall be conducted under the rules of the ADR Institute of Canada (ADRIC) or another recognised arbitration body chosen by the Company.
- Arbitrator count: one (1);
- Arbitration seat: Toronto, Ontario, Canada;
- Arbitration language: English;
- Governing law: laws of Ontario and applicable federal laws of Canada.
The arbitral award shall be final and binding upon the parties and may be enforced before any court of competent jurisdiction.
12.4 Waiver of Class Actions
To the fullest extent permitted by applicable law, all claims must be raised individually and not as part of any class action, collective action, or representative proceeding.
You expressly waive any right to take part in a class action or class arbitration against the Company.
12.5 Injunctive Relief
Nothing in this Section shall stop either party from seeking interim or injunctive relief from the courts of Ontario where necessary to protect its rights, preserve the status quo, or prevent irreparable harm while the dispute is being resolved through arbitration.
13. Miscellaneous Provisions
13.1 Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be treated as severed from these Terms, and the remaining provisions shall stay valid and enforceable to the fullest extent permitted by law.
Where possible, any invalid or unenforceable provision shall be replaced with a valid provision that most closely matches the original intent and economic purpose of the affected provision.
13.2 Survival
Any provisions of these Terms that by their nature are meant to survive termination shall continue in full force and effect after the termination or suspension of the Services. This includes, without limitation, provisions on limitation of liability, indemnification, dispute resolution, and compliance obligations.
13.3 Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without first obtaining the Company’s written consent.
The Company may assign, transfer, or delegate its rights and obligations under these Terms to any affiliate, successor, or third party without needing your consent, including as part of a corporate restructuring, sale, or business transfer.
13.4 Contact and Support
Support is provided only through official digital communication channels:
- Telegram: through the official Company bot interface;
- Email: moo@cowcard.xyz or any other support address officially designated by the Company.
The Company does not offer support by telephone, social media, or unofficial channels. Any communication through such channels shall not be treated as valid or binding.
The Company may ask for additional information or documentation where necessary for verification, security, or compliance purposes. It is your responsibility to keep your communication channels accessible and to make sure that messages from the Company are not blocked or ignored.
13.5 Entire Agreement
These Terms, together with the Privacy Policy and any further policies referred to here, make up the entire agreement between you and the Company regarding the use of the Services and replace any prior agreements, communications, or understandings.
13.6 No Waiver
A failure or delay by the Company in exercising any right or remedy under these Terms shall not amount to a waiver of that right or remedy. Any waiver must be made expressly in writing to be effective.
13.7 Language
These Terms are written in the English language. Any translations are provided for convenience only, and in the event of any inconsistency, the English version shall prevail.