Last updated: January 2025
We will post any changes to these terms of service in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes. Please regularly review these terms of service. Notwithstanding if you continue to use our services, you are bound by any changes that we make to these terms of service.
These Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you (the “User,” “you,” or “your”) and CypherD Wallet Inc. (“CypherD,” “we,” “us,” “our”). You acknowledge and agree that your use of the CypherD platform (the “Platform”) and CypherD’s mobile application (the “App”) will be governed by this Agreement, our Privacy Policy, and any related terms. This Agreement also governs your use of the Cypher Non-Custodial Wallet and Crypto Card services ("Services") provided by CypherD Wallet Inc.
CypherD offers a Non-Custodial Wallet enabling users to store, manage, and transact with cryptocurrencies, as well as a Crypto Card designed for facilitating purchases. As a non-custodial service, CypherD does not hold custody of your private keys or funds. You retain exclusive control and responsibility over your private keys, wallet access, and cryptocurrency assets.
CypherD’s role is limited to providing the platform and tools for managing and utilizing cryptocurrencies. Users are solely responsible for securing their private keys and ensuring the integrity of their wallet access credentials. CypherD is not liable for any loss or unauthorized access resulting from a failure to safeguard private keys or other credentials.
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at support@cypherd.io.
Your use of our Website, App, or Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE AND/OR APP, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR WEBSITE, APP, OR PLATFORM.
Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.
By accessing or using our Services, you represent and warrant that you meet the following eligibility criteria:
Your continued use of our Services constitutes your acknowledgment and agreement to these eligibility requirements. CypherD reserves the right to suspend or terminate access to the Services in the event of non-compliance with these criteria.
CypherD is a Web3 financial services company that offers a noncustodial wallet and payment cards for cryptocurrency users. The platform supports managing and staking crypto across multiple blockchains and allows users to convert crypto to fiat currency. Cypher provides both virtual and physical cards, enabling seamless payments at numerous merchants worldwide. Additionally, Cypher offers tailored solutions for businesses, including expense management tools and integration with accounting software like QuickBooks and Xero.
Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our Website, App, or Platform. You understand that through your use of our Website, App, or Platform, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the US, and/or other countries for storage, processing and use by CypherD and our affiliates. We are committed to protecting your data through robust security measures compliant with ISO/IEC 27001 standards. Our platform uses advanced data encryption, secure data storage solutions, and undergoes regular security audits. Detailed information about our security practices can be found in our Security Policy.
To be eligible to use our Website, App, or Platform, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website, App, or Platform, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website, App, or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website, App, or Platform.
We ensure compliance with laws governing cryptocurrency, including Anti-Money Laundering (AML) and Know Your Customer (KYC) policies. We conduct identity verification and transaction monitoring to prevent financial crimes such as money laundering and terrorist financing.
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website, App, or Platform to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website, App, or Platform and content made available in or otherwise accessible through our Website, App, or Platform, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon our Website, App, or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, App, or Platform, except as expressly permitted in this Agreement. When using and accessing our Website, App, or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE, APP, OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO CypherD FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.
Our platform integrates third-party services to enhance functionality. Please be aware that these services are governed by their own terms and privacy policies. We recommend reviewing these documents as we are not liable for the operations and data practices of third parties.
You agree that our Platform, including but not limited to the Website, App, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by CypherD and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement. You acknowledge our Website, App, and Platform contain proprietary blockchain technology and software, protected under various intellectual property laws. Use of such content, outside of your permitted activities, is strictly prohibited.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, App, or Platform, in any manner, and you will not exploit our Website, App, or Platform in any unauthorized way whatsoever, including but not limited to, using our Website, App, or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website, App, or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website, App, or Platform.
You acknowledge and agree that our Website, App, and Platform are provided for your use. Except to the extent necessary to access and use our Website, App, or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, App, or Platform, whether expressly, by implication, estoppel, or otherwise. CypherD and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, App, and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You can access and use our Website at https://cypherhq.io/. If you want to access and use our App, please go to your Google Play Store or Apple App Store to download the App. When downloading and using our App and Platform, you are required to provide us with registration information including personal information. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy. You agree to cooperate with us if the security of our Website, App, or Platform is compromised by you or another person through the use of our Website, App or Platform. We will not be liable for any loss or damage arising from your failure to comply with this Section.
We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our Website, App, or Platform. This information is necessary for us to provide our Website, App, or Platform to you and is stored on our servers to enable us to continue to provide our Website, App, or Platform to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within thirty (30) days of receiving your request. Also, upon your prior written request, we will delete any such information within thirty (30) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our Website, App, or Platform to you. Please send your requests to us at support@cypherhq.io.
As a condition to access our Website, App, or Platform, you agree to this Agreement and to strictly observe the following:
You must use our platform ethically. Engaging in illegal activities, money laundering, or transactions with sanctioned entities will result in suspension or termination of your access.
You understand and agree that you may receive information and push notifications from CypherD via email or our App. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not CypherD.
There is a monthly subscription fee for accessing and using our Website, App, and Platform. In the event that we modify the subscription fee in the future, we will communicate such modification to you as per the procedure detailed under Section 20 or as otherwise specified in another agreement between CypherD and you.
You agree to indemnify, defend, and hold CypherD and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against CypherD and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.
Your access to and use of our Website, App, and Platform or any content are at your own risk. You understand and agree that our Website, App, and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website, App, or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website, App, or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website, App, or Platform; and (iv) whether our Website, App, or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website, App, or Platform, will create any warranty or representation not expressly made herein.
CypherD DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE, APP, OR PLATFORM, BUT CypherD WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL CypherD BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND CypherD SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.
You acknowledge and agree that, in no event will CypherD be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website, App, or Platform, including, without limitation, any information made available through our Website, App, or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website, App, or Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that CypherD may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of CypherD’s liability will be the minimum permitted under applicable law.
You may terminate this binding legal Agreement with CypherD by providing thirty (30) days prior written notice, with a possible termination charge.
We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Website, App, or Platform at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy, (ii) you create risk or possible legal exposure for CypherD; or (iii) our provision of our Website, App, or Platform to you is no longer commercially viable. We will make reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Website, App, or Platform.
All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.
If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
CypherD’s Copyright Agent to receive DMCA Takedown Notices is Kuberan Marimuthu, support@cypherhq.io, at CypherD, Attn: DMCA Notice, 5960 Roxie Ter, Fremont, CA, United States, 94555. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by CypherD in connection with the written notification and allegation of copyright infringement.
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, App, or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website, App, or Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.
We may update these terms to reflect technological changes, regulatory updates, or changes in our business operations. Any modifications will be posted on our website and communicated through email. Notwithstanding if you continue to use our services, you are bound by any changes that we make to these Terms of Service.
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind CypherD to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of CypherD.
This Agreement shall be governed by the law of the State of Delaware, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CypherD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and CypherD agree (a) to waive your and CypherD’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, App, or Platform, resolved in a court, and (b) to waive your and CypherD’s respective rights to a jury trial. Instead, you and CypherD agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).
You and CypherD agree that any Dispute arising out of or related to these Terms of Service or use or access of our Website, App, or Platform is personal to you and CypherD and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and CypherD agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and CypherD agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You and CypherD agree that these Terms of Service affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
You and CypherD agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to CypherD shall be sent by certified mail or courier to CypherD, Attn: [CONTACT PERSON], 5960 Roxie Ter, Fremont, CA, United States, 94555. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your CypherD account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and CypherD cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or CypherD may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND CypherD AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR CypherD WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND CypherD WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and CypherD agree that (a) any arbitration will occur in Santa Clara County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
The arbitrator will have the authority to grant the relief that a court has the power to grant in an action at law, including injunctions and specific performance, and orders of specific performance. The arbitrator will have the authority to award monetary damages and to grant any non-monetary relief or relief otherwise permitted by law, including attorneys’ fees and costs.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. You agree that the party that prevails in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Service, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: CypherD, RE: OPT-OUT, 5960 Roxie Ter, Fremont, CA, United States, 94555. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 21.
This Agreement along with our Privacy Policy constitutes the entire agreement between you and CypherD and supersedes any prior agreements between you and CypherD with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website, App, or Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Any notices to you shall be provided to you through our Website, App, or Platform or given to you via the email address or physical address you provide to CypherD during the registration process.
Last Updated: January 2025
WE WILL POST ANY CHANGES TO THIS PRIVACY POLICY IN A NOTICE OF THE CHANGE AT THE BOTTOM OF OUR WEB PAGE WITH A HYPERLINK THERETO. WE WILL ALSO SEND YOU AN EMAIL DESCRIBING SUCH CHANGES. PLEASE REGULARLY REVIEW THIS PRIVACY POLICY. NOTWITHSTANDING IF YOU CONTINUE TO USE OUR SERVICES, YOU ARE BOUND BY ANY CHANGES THAT WE MAKE TO THIS PRIVACY POLICY.
CypherD Wallet Inc. (“CypherD,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use CypherD Platforms (the “Platforms”) through CypherD’s website at ____ (the “Website”) or CypherD’s mobile application (the “App”) like the Cypher Non-Custodial Wallet and Crypto Card services. CypherD is a Web3 financial services company that offers a noncustodial wallet and payment cards for cryptocurrency users. The platform supports managing and staking crypto across multiple blockchains and allows users to convert crypto to fiat currency. Cypher provides both virtual and physical cards, enabling seamless payments at numerous merchants worldwide. Additionally, Cypher offers tailored solutions for businesses, including expense management tools and integration with accounting software like QuickBooks and Xero.
CypherD is committed to protecting the privacy of its Users whose information is collected and stored while using CypherD’s Platforms through our Website or App. This Privacy Policy is applicable to our Website, Platforms and all applications offered for sale to the public.
The capitalized terms have the same meaning as ascribed in our Terms of Use or Terms of Service as applicable, unless otherwise noted here.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE, APP, AND PLATFORMS, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE, APP, AND PLATFORMS.
IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT PRIVACY@CYPHERHQ.IO.
WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT TO SUBPROCESSORS TO ASSIST US IN THE PROVISION OF OUR SERVICES TO YOU.
When you register to use our Website, App, or Platforms, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, address, online contact information such as your email address or username, phone number, and other personal information like your Passport number, Driver’s License ID, and your photograph. The information so collected will be stored on our servers. You are able to change your personal information via email by contacting us at privacy@cypherhq.io or through your profile or account settings on our Website, App, or Platforms.
We collect personal information from you in the following ways:
We collect information from you automatically when you navigate through our Website, App, or Platforms in the following ways:
We use the information that you provide to:
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”
We use Cookies on our Website and App to (a) help remember and process items in the shopping cart, (b) understand and save your preferences for future visits, (c) keep track of advertisements, (d) compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future, and (e) allow trusted third-party services that track this information on our behalf. You can set your browser to refuse all or some browser Cookies, but it may affect your user experience. We honor Do Not Track signals and, if one is in place, we will not track, plant cookies, or use advertising.
We allow third party behavioral tracking and links to third-party web pages. Occasionally, at our discretion, we may include or offer third-party products or services on our Website, App, or Platforms. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website, App, or Platforms and welcome any feedback at about these sites. Please contact us at privacy@cypherhq.io.
Our Website and App are reasonably scanned to meet or exceed PCI Compliance. Our Website and App receive regular security scans and penetration tests. Our Website and App also receive regular malware scans. In addition, our Website and App use an SSL certificate as an added security measure. We require username and passwords for our employees who can access your personal information that we store and/or process on our Platforms and servers. In addition, we actively prevent third parties from getting access to your personal information that we store and/or process on our Platforms and servers. We accept payment by credit card through a third party credit card processor on our behalf. We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, (c) register, or (d) access our Platforms, on our Website and App.
| Name of the Open-Source Software | Contact Information |
|---|---|
| OpenZeppelin | https://www.openzeppelin.com/ |
There are times when we may share Personal Information that you have shared with us may be shared by CypherD with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how CypherD may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:
Disclosure of Personal Information
Other Disclosure of Personal Information
Third Party Disclosure
Choices Users Have About How CypherD Uses and Discloses Information.
Google, as a third-party vendor, uses Cookies to serve advertisements to Users on our Website, App, and Platforms. Google uses first-party Cookies, such as Google Analytics Cookies, to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Platforms. We currently use Google Analytics to collect and process certain Website and App usage data. To learn more about Google Analytics and how to opt-out, please visithttps://policies.google.com/privacy/google-partners.
We have implemented advertising features on our Website, App, and Platforms including: (a) remarketing with Google AdSense; (b) Google Display Network Impression Reporting; (c) Google Demographics and Interests Reporting; and (d) Google’s DoubleClick platform integration.
We use these Cookies to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Website or App.
We are headquartered in the United States. Most of the operations are located in the United States. Your Personal Information, which you give to us during registration or use of our Website, App or Platforms, may be accessed by or transferred to us in the United States. If you are visiting our Web site or registering for our Services from outside the United States, be aware that your Personal Information may be transferred to, stored, and processed in the United States. Our servers or our third-party hosting services partners are located in the United States. By using our site, you consent to any transfer of your Personal Information out of Europe, UK, or Switzerland for processing in the US or other countries.
EU Standard Contractual Clauses. On June 4, 2021, the EU promulgated a new set of SCCs (the “New SCCs”), which replaced the old SCCs which had been in place for over a decade. We now comply with the New SCCs with respect to the transfer of Personal Data from the EU to the US and other countries for Processing, as defined in the GDPR. If there is any conflict between the terms and conditions in this Privacy Policy and your rights under the New SCCs, the terms and conditions in the new SCCs will govern.
The New SCCs.
Our GDPR Compliance Commitment.
Rights of Data Subjects. To make any of the following requests, with respect to this Privacy Policy, our Terms or Use, and/or Personal Data, please contact us (i) via email at privacy@cypherhq.io, or (ii) by writing to us at CypherD, 5960 Roxie Ter, Fremont, CA, United States, 94555.
This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our Website, App, or Platforms, who reside in Brazil (“consumers” or “you”). We comply with the Lei Geral de Proteção de Dados (General Data Protection Law, or LGPD) and any terms defined in the LGPD have the same meaning when used in this Section.
This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our Website, App, or Platforms, who reside in Canada (“consumers” or “you”). We ensure with the Personal Information Protection and Electronics Document Act of 2000 (“PIPEDA”) and any terms defined in the PIPEDA have the same meaning when used in this Section.
This section supplements our Privacy Policy and applies to all visitors, users, and others who reside in Hong Kong. CypherD Wallet Inc. complies with the requirements of the Personal Data (Privacy) Ordinance (“PDPO”) and the guidelines issued by the Office of the Privacy Commissioner for Personal Data, Hong Kong.
CypherD collects, uses, and stores personal data solely for the purposes specified at the time of collection or directly related purposes, including but not limited to providing services, facilitating communications, and improving the user experience. Users have the right to request access to and correction of their personal data in accordance with the PDPO by contacting CypherD at privacy@cypherhq.io. Furthermore, users may withdraw consent for the use of their data in direct marketing or request erasure of personal data that is no longer required for the purposes for which it was collected, except where retention is mandated by law.
CypherD ensures that personal data transferred outside of Hong Kong complies with the requirements of the PDPO, including maintaining a level of data protection equivalent to that in Hong Kong. Personal data will be retained only for as long as necessary to fulfill the purposes for which it was collected or as required by applicable law.
CypherD does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website, App, or Platforms that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to privacy@cypherhq.io or write us at CypherD, 5960 Roxie Ter, Fremont, CA, United States, 94555.
Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at privacy@cypherhq.io or write us at CypherD, 5960 Roxie Ter, Fremont, CA, United States, 94555.
This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our Website, App, or Platforms, who reside in the State of California (“consumers” or “you”). We adopt this Section to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Section.
We require such Personal Information to be able to provide to you our Services.
Unless otherwise specified, we only collect Personal Information from you. We do not use others to provide us with your Personal Information.
The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website, App, and Platforms are not meant for use by children under the age of 13. Our Website, App, and Platforms do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at privacy@cypherhq.io.
IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE, APP, OR PLATFORMS.
The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:
If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at privacy@cypherhq.io and we will promptly remove you from all future marketing correspondences.
CypherD Wallet Inc. conducts Know Your Customer (“KYC”) checks as required by applicable laws and regulations, including but not limited to anti-money laundering (“AML”) and counter-terrorism financing (“CTF”) obligations. By using CypherD’s services, users consent to the collection and processing of personal data necessary for KYC verification purposes.
The information collected during the KYC process includes, but is not limited to, government-issued identification, proof of address, contact details, date of birth, and nationality. CypherD uses this information to verify the identity of users, prevent fraudulent activities, and ensure compliance with applicable legal and regulatory obligations.
CypherD retains all KYC-related information for the duration of the user's relationship with the platform and for any additional period as required by applicable laws. Such information may be shared with regulatory authorities, law enforcement agencies, or third-party service providers engaged to perform KYC checks on behalf of CypherD under strict confidentiality agreements and in compliance with relevant legal standards.
This section applies specifically to users of CypherD’s digital wallet services. CypherD collects transaction data, including cryptocurrency amounts, sender and recipient addresses, timestamps, and metadata associated with each transaction. Additionally, device and application data related to wallet access may be collected.
CypherD uses this data to process and verify transactions, detect and prevent fraudulent or unauthorized activities, and provide transaction histories and other related features through the platform.
CypherD employs advanced encryption technologies and blockchain protocols to ensure the security of wallet information and associated transactions. Users are encouraged to enable two-factor authentication to enhance the security of their digital wallets.
In compliance with AML, CTF, and other applicable regulations, CypherD may disclose transaction data to regulatory authorities, law enforcement agencies, or other authorized entities as required. The collection, use, and disclosure of such data are conducted in strict adherence to relevant legal and regulatory standards.
We will post any changes to this Privacy Policy in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes. Please regularly review this Privacy Policy. Notwithstanding if you continue to use our services, you are bound by any changes that we make to this Privacy Policy.
CypherD uses the following third-party service providers for the provision of services as detailed under the Terms of Use or Terms of Service, as applicable
| Name of Third-Party Service Provider | Contact Information |
|---|---|
| Amazon Web Services Inc. (North Virginia, US) | https://aws.amazon.com/premiumsupport/knowledge-center/aws-phone-support/ |
| Google Cloud | https://cloud.google.com/support |
| Reap Technologies Limited | https://reap.global/reap-card |
| Signify Holdings Inc | https://www.raincards.xyz/ |
| Persona Identities Inc | https://withpersona.com/ |
| Sum and Substance Ltd | https://sumsub.com/ |
| Intercom Inc | https://www.intercom.com/ |
Additionally, if you have any questions or concerns about our third-party service providers, please email us at privacy@cypherhq.io.
If you believe that any content on our Website, App, or Platforms violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
CypherD’s Copyright Agent to receive DMCA Takedown Notices is Kuberan Marimuthu, at privacy@cypherhq.io and at CypherD, Attn: DMCA Notice, 5960 Roxie Ter, Fremont, CA, United States, 94555. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by CypherD in connection with the written notification and allegation of copyright infringement.
CypherD represents and warrants that it is fully aware of and will comply with, and in the performance of its obligations hereunder will not take any action or omit to take any action that would cause it or its customers to be in violation of, (i) U.S. Foreign Corrupt Practices Act, (ii) U.K. Anti-Bribery Act, (iii) India Prevention of Corruption Act of 1988, or (iv) any other applicable anti-bribery statutes and regulations, and (v) any regulations promulgated under any such laws. Company represents and warrants that neither it nor any of its employees, officers, or directors is an official or employee of any government (or any department, agency or instrumentality of any government), political party, state owned enterprise or a public international organization such as the United Nations, or a representative or any such person (each, an “Official”). Company further represents and warrants that, to its knowledge, neither it nor any of the Supplier Personnel has offered, promised, made or authorized to be made, or provided any contribution, thing of value or gift, or any other type of payment to, or for the private use of, directly or indirectly, any Official for the purpose of influencing or inducing any act or decision of the Official to secure an improper advantage in connection with, or in any way relating to, (A) any government authorization or approval involving CypherD, or (B) the obtaining or retention of business by CypherD. Supplier further represents and warrants that it will not in the future offer, promise, make or otherwise allow to be made or provide any payment and that it will take all lawful and necessary actions to ensure that no payment is promised, made or provided in the future by any of the Supplier Personnel.
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
Mr. Kuberan Marimuthu
Email: privacy@cypherhq.io
Address: CypherD, 5960 Roxie Ter, Fremont, CA, United States, 94555
PLEASE NOTE: IF YOU USE OUR WEBSITE, APP, OR PLATFORMS, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERMS OF USE OR OUR TERMS OF SERVICE, AS APPLICABLE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, APP, OR PLATFORMS.
These Apple Pay Terms and Conditions ("Terms") govern your use of Apple Pay ("Service") provided by Apple Inc. ("Apple", "we", "us", or "our"). By using Apple Pay, you agree to comply with these Terms.
To use Apple Pay, you must: Be at least 18 years old (or the age of majority in your jurisdiction). Have a compatible Apple device and a valid Apple ID. Have a participating credit or debit card issued by a supported financial institution.
Apple Pay allows you to make payments using eligible Apple devices at participating merchants and within apps. Apple Pay utilizes near-field communication (NFC) technology and other security features to process transactions.
You are responsible for maintaining the confidentiality of your Apple ID and any credentials associated with your use of Apple Pay. Notify us immediately of any unauthorized use or security breach.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use Apple Pay.
Apple does not charge a fee for using Apple Pay. However, your bank or card issuer may impose fees related to transactions made using Apple Pay. Check with your financial institution for details.
Transaction limits may apply depending on your bank or card issuer's policies and the merchant's acceptance criteria.
Apple Pay is a payment service provider and is not responsible for the goods or services you purchase using Apple Pay. Any disputes regarding products or services purchased must be resolved with the merchant.
You agree not to: Use Apple Pay for any illegal or unauthorized purposes. Interfere with or disrupt the operation of Apple Pay or the servers or networks connected to the Service. Misrepresent your identity or affiliation with any person or entity.
Apple Pay and all related intellectual property are the property of Apple Inc. You are granted a limited, non-exclusive, non-transferable license to use Apple Pay in accordance with these Terms.
We reserve the right to suspend or terminate your access to Apple Pay at any time, with or without notice, for any reason, including if we believe you have violated these Terms.
Apple Pay is provided on an "as-is" and "as-available" basis. We do not warrant that the Service will be uninterrupted or error-free. To the fullest extent permitted by law, Apple disclaims all warranties, express or implied, and shall not be liable for any indirect, incidental, special, or consequential damages arising out of your use of Apple Pay.
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
We may update these Terms from time to time. Any changes will be posted on our website and will be effective upon posting. Your continued use of Apple Pay after the posting of changes constitutes your acceptance of such changes.
If you have any questions or concerns about these Terms or Apple Pay, please contact Apple Support. By using Apple Pay, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.