Terms of service

In short

• Fundly gives you a card and an account funded by crypto. Fundly is not a bank.
• You must be 18 or older and live in a supported country.
• The Instant card has limits. Identity verification unlocks higher limits, a physical card and an IBAN account.
• We convert your crypto at the rate shown before you confirm. The fee is included in that rate.
• If you send an unsupported asset or use the wrong chain, we may not be able to recover it.

Draft for legal review. Not yet in force.

1. Who we are

1.1 Fundly is a trading name of [LEGAL ENTITY NAME], registered in [JURISDICTION] under number [REG NUMBER], with registered office at [ADDRESS] ("Fundly", "we", "us").

1.2 Fundly is not a bank and does not hold a banking licence. We build the platform and website, and we work with licensed partners who provide the regulated parts of the service:

• Cards are issued by [ISSUER NAME] pursuant to a licence from [CARD NETWORK]. [ISSUER NAME] is authorised by [REGULATOR] under reference [LICENCE NUMBER]. The Card Terms apply to every card.
• Account and IBAN services are provided by [EMI PARTNER NAME], authorised by [REGULATOR] under reference [LICENCE NUMBER]. Funds in your account are safeguarded in accordance with [APPLICABLE REGULATION]. Your account is not covered by a deposit guarantee scheme unless the account terms say so.
• Crypto-asset services, including receiving and converting crypto-assets, are provided by [VASP ENTITY NAME], registered with [REGISTER / REGULATOR] under [REFERENCE].

1.3 These Terms govern your use of the Fundly platform (the web application and any mobile applications we may release), website and services. When you use a card or an account you also agree to the partner terms we show you at sign-up. If these Terms and a partner's terms conflict on a regulated matter, the partner's terms apply to that matter.

2. Eligibility

2.1 To use Fundly you must:

• be at least 18 years old;
• live in a country on our supported countries list;
• not be on any sanctions list, and not live in a country subject to comprehensive sanctions;
• use Fundly for your own personal purposes, not for a business and not on behalf of anyone else;
• give us accurate information and keep it up to date.

2.2 We may refuse an application without giving a reason where the law allows this. We may also change the supported countries list at any time.

3. Your account and tiers

3.1 Instant card. After you verify your email and phone number and pass our country, sanctions and device checks, we may issue a virtual card. Instant cards have monthly and per-transaction limits set by our issuing partner and by regulation. This is what allows us to offer them with light verification. Current limits are shown on the platform and on the Card Terms page.

3.2 Verified. When you complete identity verification you can access higher limits, a physical card and an account with an IBAN. Verification may require an identity document, a liveness check and, where required, proof of address. We may ask about the source of your funds.

3.3 We may move you between tiers, lower your limits or ask for more information at any time to meet our legal obligations.

3.4 You may open only one Fundly account. You must not let anyone else use it.

4. Your obligations

4.1 You agree to:

• keep your passcode, device and two-factor codes private;
• tell us straight away if you think someone else has access to your account;
• use Fundly only for lawful purposes;
• not use Fundly to receive funds on behalf of third parties, to run a business, or for any activity on our prohibited list, including gambling where prohibited, sale of illegal goods, and dealings with sanctioned persons;
• pay the fees set out in the Fee Schedule at /legal/fees.

4.2 You are responsible for any taxes that arise from your use of Fundly. We do not give tax advice.

5. Crypto deposits

5.1 We give you a unique deposit address for each supported chain. Send only supported assets on the chain shown. The supported list is on the platform and at /deposits.

5.2 A deposit is credited after the number of network confirmations we publish for that chain. Until then it is pending and cannot be spent.

5.3 Deposits are converted into your account currency at the rate displayed on the platform at the time of crediting. The rate includes the deposit fee for your plan. We show the rate source and the fee before you confirm, and again on your receipt. Network fees are set by the blockchain, paid by the sender and not controlled by Fundly.

5.4 Minimum deposit amounts apply per asset and chain. Deposits under the minimum may not be credited and may not be recoverable.

5.5 Wrong asset or wrong chain. If you send an unsupported asset, or a supported asset on an unsupported chain, we may not be able to recover it. Where recovery is technically possible we may attempt it at our discretion and may charge a recovery fee that reflects our cost. We are not liable for losses caused by sending to the wrong address, asset or chain.

5.6 We may delay, hold or return a deposit if it fails our screening, including blockchain analytics screening. Returned deposits are sent to the originating address minus network fees.

5.7 The value of crypto-assets can go down as well as up. Once a deposit is converted you hold account currency, not crypto.

6. Fees

6.1 Our fees are set out in the Fee Schedule at /legal/fees. That page is the canonical version. We show the exact fee before every deposit, card payment in a foreign currency and transfer.

6.2 We will give you at least 30 days' notice before we increase a fee or add a new one, unless the change is required by law or by a partner and cannot wait.

7. Suspension and closure

7.1 We may suspend or restrict your account, card or a transaction if:

• we believe your account is being used unlawfully or in breach of these Terms;
• we are required to do so by law, a regulator or a partner;
• we cannot complete verification or screening;
• we suspect fraud, or that your account has been compromised.

7.2 Where the law allows, we will tell you why and how to resolve it.

7.3 You may close your account at any time from the platform. We may close your account with 30 days' notice, or immediately for a serious breach or where required by law. When your account closes we will return any remaining balance to a bank account in your name, or as otherwise permitted by law, after deducting any fees owed.

8. Liability

8.1 Nothing in these Terms limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

8.2 Subject to 8.1, we are not liable for:

• loss caused by you giving us wrong information, or sending crypto to the wrong address, asset or chain;
• loss caused by events outside our reasonable control, including network congestion, blockchain reorganisations, partner outages and changes in law;
• indirect or consequential loss, or loss of profit;
• the actions of a merchant or a third party.

8.3 Subject to 8.1, our total liability to you in any 12-month period is limited to the greater of the fees you paid us in that period and [LIABILITY CAP].

9. Complaints

9.1 If something has gone wrong, contact us at support@fundly.xyz or through the platform. We aim to acknowledge complaints within 2 business days and to resolve them within 15 business days.

9.2 If you are not satisfied, you may be able to refer your complaint to [OMBUDSMAN / DISPUTE RESOLUTION BODY] in [JURISDICTION]. Complaints about a card or account may also be referred to the relevant partner under their terms.

10. Changes to these Terms

10.1 We may change these Terms. We will give you at least 30 days' notice of material changes by email or on the platform. If you do not accept a change you may close your account before it takes effect. Continuing to use Fundly after the change means you accept it.

11. General

11.1 These Terms are governed by the laws of [GOVERNING LAW]. Disputes go to the courts of [COURTS], without affecting any mandatory consumer rights you have in your country of residence.

11.2 If any part of these Terms is found invalid, the rest continues to apply.

11.3 We may transfer our rights under these Terms to another company in connection with a reorganisation or sale. You may not transfer yours.

11.4 This website and the platform are for information only and are not financial, legal or tax advice.

12. Contact

[LEGAL ENTITY NAME], [ADDRESS]. Email: support@fundly.xyz. Legal notices: legal@fundly.xyz.