Legal · Draft

Terms of Service

Last updated · Draft v0.1

Unreviewed draft, not legal advice, not published

This page is a first-pass working draft prepared for review by qualified legal counsel and EKKA's compliance and issuing partners. It has not been approved, is not in effect, and must not be relied upon, quoted, or published until reviewed and sign-off is obtained from counsel and the relevant compliance / issuing partners.

ContentsEligibility and ageOpenClose
  1. 1Eligibility and age
  2. 2Account and KYC
  3. 3What the card is and is not
  4. 4Role of the issuer
  5. 5Funding in USDC/USDT
  6. 6Crypto value fluctuation
  7. 7Fees and limits
  8. 8Authorisations, holds and refunds
  9. 9Disputes and chargebacks
  10. 10Card controls
  11. 11Suspension and termination
  12. 12Prohibited uses
  13. 13Liability and limitation of liability
  14. 14Changes to these terms
  15. 15Governing law and dispute resolution
  16. 16Contact

1. Eligibility and age

You must be at least [[MINIMUM AGE]] years old and a legal resident of an EKKA launch market (India or the United Arab Emirates) to use the EKKA card, and capable of forming a binding contract under applicable law.

2. Account and KYC

Access to the EKKA card is conditional on successfully completing identity verification (KYC) as described in our AML/CFT Policy and Privacy Policy. We may refuse, suspend, or terminate access at any time if verification cannot be completed or maintained.

3. What the card is and is not

The EKKA card is a Visa payment card, issued virtually and optionally as a metal card, funded with USDC, USDT, other supported crypto-assets or bank transfer, that spends as local fiat at the point of sale. It is not a bank account, savings account, or deposit product. Funds held or in transit through EKKA are not covered by deposit insurance, and no interest accrues on any balance.

4. Role of the issuer

Needs legal input

The EKKA card's infrastructure is provided under licence by Swipeo, which works with a regulated BIN sponsor/issuer ([[ISSUING PARTNER + LICENCE NO.]]). That issuer's own cardholder terms also apply to your use of the card and, in the event of conflict, may take precedence for card-specific matters. Issuer cardholder terms: [[ISSUER CARDHOLDER TERMS URL]].

5. Funding in USDC/USDT and conversion mechanics

You fund your EKKA card by transferring USDC, USDT or another supported crypto-asset to a designated address, or by bank transfer. Funds are converted to fiat currency for spend at a rate and via a mechanism described at [[CONVERSION MECHANIC / RATE SOURCE]]. Conversion may occur at deposit, at time of spend, or on a schedule; the applicable mechanic must be confirmed and disclosed here.

6. Crypto value fluctuation

USDC and USDT are designed to track the value of fiat currency but are not guaranteed to maintain a stable value. Any fluctuation, depegging, issuer risk, or loss of value in the underlying stablecoin between funding and conversion is borne entirely by you. EKKA does not guarantee, insure, or compensate for any such loss.

7. Fees and limits

Use of the EKKA card is subject to fees and transaction/spend limits. Current fee schedule: [[FEES SCHEDULE]]. Current transaction and spend limits: [[TRANSACTION LIMITS]]. Fees and limits may change; material changes will be notified in accordance with Section 14.

8. Authorisations, holds and refunds

Merchants may place temporary authorisation holds on your available balance that are later captured, adjusted, or released. Refund timelines and hold-release mechanics: [[HOLD / REFUND PROCESSING TIMELINE]].

9. Disputes and chargebacks

Transaction disputes are handled through the applicable card network's (Visa) chargeback process. Dispute submission process and timelines: [[DISPUTE SUBMISSION PROCESS]].

10. Card controls

You can view transaction history and notifications, and use in-app card controls at any time, including freezing and unfreezing your card, setting spend limits, replacing the card number, creating single-use numbers and opening a dispute.

11. Suspension and termination

We may suspend or terminate your access to the EKKA card where required for legal, regulatory, security, or risk reasons, or for breach of these terms. Notice and appeal process: [[SUSPENSION / TERMINATION NOTICE PROCESS]].

12. Prohibited uses

You may not use the EKKA card for any illegal purpose, in a restricted jurisdiction, or for a restricted merchant category, as set out in our AML/CFT Policy. Full list: [[RESTRICTED JURISDICTIONS + MCC LIST]].

13. Liability and limitation of liability

Needs legal input

Limitation-of-liability language, and how liability is allocated between EKKA, Swipeo, and the issuer/BIN sponsor for service failures, unauthorised transactions, or data incidents, is not yet defined and requires review by counsel alongside the commercial agreements referenced in the AML/CFT Policy §9. Placeholder liability cap: [[LIABILITY CAP AMOUNT / FORMULA]].

14. Changes to these terms

We may update these terms from time to time. Material changes will be notified via [[CHANGE NOTIFICATION METHOD]] at least [[CHANGE NOTICE PERIOD]] before taking effect.

15. Governing law and dispute resolution

These terms are governed by the laws of [[GOVERNING LAW / JURISDICTION]]. Disputes will be resolved via [[DISPUTE RESOLUTION FORUM]].

16. Contact

Questions about these terms: [[COMPLIANCE CONTACT EMAIL]].