Cardholder Agreement

Last Updated: December 14, 2023

Present Cardholder Agreement ("Agreement") outlines the terms and conditions (“Terms”) on which we provide our Cino Services to you and under which the Cino Card(s) is issued to you by the Issuer. 

You should carefully read this Agreement before you start to use our Cino Services and the Cino Card. This Agreement, along with the documents referred to in it, informs you who we are, how we will provide the Cino Services to you, how this Agreement may be changed or ended, what to do if there is a problem, and other important information. If you find any mistakes reading this Agreement or require any changes, you are kindly requested to contact Cino for help. This Agreement refers to the following additional documents, which also apply to your use of Cino Services and Cino Card:

By visiting our Website and/or using our Cino Services (including downloading and using our App) and Cino Card, you confirm
that you accept and agree to this Agreement (including additional documents referred to herein). Please do not use our Cino Services and Cino Card if you feel you don't agree with any provisions of this Agreement and/or additional documents referred to herein.

Our Main Information and Contact Details

Our main information.
Freerange Lamas OÜ is a company incorporated under the laws and regulations of the Republic of
Estonia with the registry code 16488890 (hereinafter referred to as "Cino", "we", "us", or "our" as applicable). Cino is neither a bank nor a credit/financial institution defined in the Money Laundering and Terrorist Financing Prevention Act (“MLTFPA”) of the Republic of Estonia and doesn’t offer any banking services.

Our registered address. Our registered legal address is Republic of Estonia, Harju maakond, Tallinn, Kesklinna linnaosa,
Valge tn 13, 11415. 

Our representative office. Our representative office address is Republic of Estonia, Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 13, Office 30, 10151. 

Our contact details. You can contact us at any moment via email or by the Contact Us feature in the App. Our full contact details are provided on the Contact Page of our Website.

A. Using Cino Services

1. Definitions

Acquirer. TheAcquirer” refers to Checkout Ltd (checkout.com), an authorized electronic money institution licensed by the UK Financial Conduct Authority under number 900816. 

App. The “App” is a mobile software, the data supplied with the software and the associated media. We license the use of the App to you on the basis of the terms and conditions specified in the Agreement herein and subject to any rules and policies applied by any app store provider or operator whose resources are located in the App Store and Google Play. We do not sell the App to you and do not transfer to you any rights for the App. We grant you a non-transferable, non-exclusive license to use the App on your device subject to the terms and conditions specified in the Agreement herein, however, we reserve all other rights and we remain the owners of the App at all times.

Issuer. The “Issuer” refers to Wallester AS (Reg. code 11812882), a company registered under laws and regulations of the Republic of Estonia, an official Visa Principal Member, and a PSP authorized by the Estonian Financial Supervision and Resolution Authority (Finantsinspektsioon). 

Cino Account. The “Cino Account” means the software and the account offered to you for using Cino Services, and accessible in the App. Your Cino Account does not hold any funds. Instead, all funds are received and held by our payment providers. You must open a Cino Account before accessing Cino Services.

Cino Card. “Cino Card” means the Visa payment card issued to you by the Issuer. The Cino Card is not a gift card, nor is it intended for gifting purposes. The funds are not stored on the Cino Card or in any corresponding account, and your account with the Issuer is not interest-bearing. The Cino Card issued for you by the Issuer is linked to your Cino Account. Purchases made with your Cino Card will automatically be listed in the Transactions tab. Cino pulls the funds from your existing debit card or bank account to accept the purchase you make using the Cino Card.

Cino Services or Services. “Cino Services” or “Services” are defined as all products, services, content, features, technologies, or functions offered by Cino and related to Cino websites, applications (including the App), and services (including the Website and the application programming interface), as well as the software that provides you with the opportunity to apply for and use the Cino Card (including one or more Cino Cards) in connection with your Cino Account. 

Subscriber Services. “Subscriber Services” are such Services that are available solely to paid subscribers after the first subscription payment is successfully credited to Cino.

Website. “Website” refers to any webpage, including but not limited to https://getcino.com, where we provide Cino Services to you. 

2. Fees

Using Cino Service and Cino Card is free of charge for users, unless provided otherwise in this Agreement. Certain Services may not be available before an additional payment is made (subscription).

Currency conversion. You may have a Funding Source in the currency that differs from the currency of your Cino Account. In such a case, a conversion fee will apply when you make transactions. The conversion fee is also applied when you make transactions (spending) in a currency that differs from the currency of your Cino Account.

Subscription. You may select a subscription plan at any point in time. The detailed information on the subscription plans, including the applicable campaigns, Subscriber Services, and fees are available in the App. We will explain which specific Subscriber Services are available to you in the App interface upon subscription. By default the fee will be deducted from the debit card associated with your Cino Card. You pay the subscription fee in advance for a specific payment interval (e.g. monthly, yearly) displayed during the subscription process. The subscription fee charged for a subscription made during a payment interval (e.g. middle of the month) shall be pro-rated and the fee will be charged for the remainder of the payment interval. Tax rates (if applicable) are calculated based on the information provided upon signing up for the subscription plan. The applicable fee is displayed without value added tax. The final fee is displayed during checkout.

Invoices. You acknowledge that you will not be issued a separate invoice for subscription fees totalling less than 20 euros. You also acknowledge that the invoices will be seen in your transaction history on the App. However, you are entitled to request an invoice by contacting support@getcino.com

3. Requirements to Use Cino Services

To access the Cino Services and use the Cino Card, you represent, warrant and agree that:
By accepting these Terms, you also represent that: 
4. Prohibited Uses

You may not, nor may you permit any third party, directly or indirectly, to:
In addition, you may not, nor may you permit any third party, directly or indirectly, to use the Cino Services for the following businesses or activities: 
5. Authorized Users

You are solely responsible for all authorized transactions initiated and fees incurred by use of your Cino Card(s). If you permit another person to have access to a Cino Card or Cino Card number (details), this will be treated as if you authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Cino Card according to the Terms of this Agreement.

B. The Process

1. Account Opening 

Open Cino Account. To start using Cino Services, you must open a Cino Account and provide your details as prompted. 

The information must be accurate. All information you provide to us must be complete, accurate, and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or to provide additional supporting documents.

Using your Cino Account. All activities under a Cino Account shall be deemed as activities carried out by the registered user. You shall only use Cino Services to transact on your own account and not on behalf of any other person or entity.

One Cino Account per user. You may only open one Cino Account. Cino may refuse the creation of duplicate Cino Accounts for the same user. Where duplicate accounts are detected, Cino may close or merge these duplicate accounts at its sole discretion.

2. Getting to Know You

3. Adding a Funding Source

Log in to your Cino Account. To use Cino Services, you need first to log in to your Cino Account and follow the steps as they appear on the screen. 

Add a Funding Source. You must add an eligible funding source to your Cino Account via the App. You can choose a funding source in the App. You may be presented with one or more funding sources (in this Agreement, referred to as “Funding Sources”), for example, a bank account, or debit cards. By entering your Funding Source information in the App, you need to authorize the App. You may want to print and save a copy for your records. If you choose to use your bank account (“Authorized Bank Account”) as your Funding Source, you may be asked to confirm access to the Authorized Bank Account at that third-party financial institution. You may also be asked to confirm permissions on the Authorized Bank Account at that third-party financial institution. 

Change a Funding Source. You can change a Funding Source in the App. The number of Funding Sources made available to you will depend on a number of factors including the place of your residence and your verification status with Cino. 

Funding Sources are not provided by Cino. Funding Sources are not part of Cino Services since they are services provided by third parties (e.g. the card provider which issued you your debit card). We cannot guarantee the use of any particular Funding Sources and may change or stop offering a Funding Source at any time without prior notice. When you add a Funding Source to your Cino Account, you agree that: 

4. Payment Information and Authorized Actions

5. Your Electronic Funds Transfer 

C. Our Rights Regarding the Cino Services

1. Our Rights to Make Modifications
We may modify this Agreement by giving you at least seven (7) days prior written notice. If we do this, you can terminate this Agreement immediately and free of charge at any time before the proposed date of the entry into force of the proposed changes, by providing written notice to us or closing your Cino Account in the App. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice. 

We may also modify this Agreement immediately. We may modify this Agreement (or any other document, such as Cino terms, policies, guidelines, etc.) at any time in our sole discretion when such modifications are: 
2. Limits 
Transaction limits on your Cino

Account.
For legal and security reasons, we impose limits on the volume of transactions in your Cino Account. You acknowledge that Cino, the Issuer, the Acquirer, or another Cino’s partner may impose limits on your use of Cino Services. We may not allow transactions from all types of Funding Sources and we may otherwise limit transactions, and/or merchants, and/or payment means at our discretion. You cannot use the Cino Card(s) in any way beyond its intended purpose. 

Limits amounts. For security and fraud protection, Cino will impose limits on the euro amount that you can authorize in a transaction, and over a period of time. In addition to these set limits, Cino and its partners retain the right to impose additional limits at their discretion. The maximum amount initially allowable for authorization is €15.000 per calendar month. The individual limits, per day, per week, and per calendar month limits are subject to increase or decrease at our discretion based on an algorithmic review process and a manual review process.

3. Investigations, Account Suspensions and Termination
We may at any time suspend or terminate your ability to access the Cino Services, suspend or close your Cino Account, and/or end this Agreement without notice if:
We may suspend your Cino Account or restrict its functionality if we have reasonable concerns about:
‍3. Processing Errors

We will generally attempt to fix any processing errors that we discover. If the error resulted in your payment of an amount larger than what you authorize, we will transfer the difference to your Cino Account. 

You are kindly requested to immediately contact Cino regarding any processing errors you discover, indicating the following information:

You must inform us about any processing error immediately in the App, or by sending your notice to support@getcino.com,
but no later than thirty (30) calendar days from the transaction. Your failure to notify us of a processing error within the specified timeframe of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.

4. Disputes 

If you experience an issue that gives you chargeback rights concerning the use of your Cino Card, you may ask Cino to get into dispute resolution procedure on your Cino Card. 

You agree that you will only exercise this chargeback right if:

1) we have breached this Agreement; or
2) there was an unauthorized transaction of your Cino Card. 

An “unauthorized transaction” means herein an error that occurs when your Cino Card is used without your authorization and/or you did not benefit from the transaction. For example, if someone steals your Cino Card and uses it for a purchase, an unauthorized transaction has occurred. If you give (or share Cino Card details) to a person with permission to use it, you are responsible for all transactions conducted by the person even if they make more transactions than you authorized, unless you notify Cino that transactions for that particular Cino Card are no longer authorized. 

If you create a Cino Card for use in a group with another person (with or without a split ratio), you are giving this person the right to make transactions you authorized unless you are leaving the group. 

You agree that you will not exercise your chargeback right for reasons for which Cino is not responsible, including a dispute with your merchant. 

You agree to comply with the dispute resolution procedure described below for any payments made using a Cino Card. If you’re unable to resolve a transaction-related issue directly with a merchant, please notify us as soon as possible. 

If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct such an amount from your Cino Account by debiting your Funding Source.

The process for resolving disputes: 

1. To open a dispute case, you need to contact us within thirty (30) calendar days of the date of the transaction by sending an email to support@getcino.com directly or by tapping the “Dispute” button on the Transaction Details screen in the App. Your notice must include the following information:

Depending on your claim, we may ask you to wait 10 business days from the transaction date to proceed with the payment dispute. 

2. We may require you to provide additional information and documents for the relevant transaction.

3. Cino and the Issuer will make a final decision on your claim, in our sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online payment dispute resolution process, or any other information Cino and the Issuer deem relevant and appropriate under the circumstances.

4. Cino will tell you the results within three (3) business days after completing the investigation. If Cino decides that there was no error, Cino will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting Cino via email at support@getcino.com.

5. Your Liability for Unauthorized Transactions

If you believe your Cino Card has been lost or stolen, or you believe a transaction has been made without your permission using your Cino Card (or Cino Card details) or you believe your Cino Account credentials have been used without your permission, you are urgently requested to inform us at once and freeze the relevant card(s) via the “Your Cards” section in the App. Reporting your Cino Card lost or stolen, and any unauthorized or unexpected activity to support@getcino.com as soon as possible is the best way of keeping your possible losses down.

We may suspend or cancel your Cino Card and corresponding Cino Account in the event of excessive reports of Cino Card loss or theft. You agree that any unauthorized use does not include use by a person to whom you have given authority to use Cino Card and that you will be liable for all such uses by such person. For example, if you have given your Cino Card, or shared Cino Card details with another person to use, you are responsible for that person’s transactions with your Cino Card, and if you have shared your Cino Card information with a merchant for a transaction, you have given authority to that merchant to debit the Cino Card for that transaction.

If you become aware of and/or your statement shows transactions that are not made by you or any member of the Group(s) you are participating, notify Cino at once following the procedures stated in the Section of this Agreement titled “Disputes”. If you do not notify Cino within thirty (30) calendar days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the thirty (30) days if Cino can prove that we could have stopped someone from taking the value if you had notified Cino in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, Cino may extend the period. If the Cino Card has been lost or stolen, the Cino Card will be blocked to keep losses down and a replacement Cino Card will be issued to you.

You agree to cooperate reasonably with us and the Issuer in our attempts to recover funds from and to assist in the prosecution of any unauthorized users of your Cino Card.

6. Additional Liability Under Visa Core Rules

Under Visa Core Rules and Visa Product and Service Rules, the Issuer may increase the amount of the liability for unauthorized transactions if the Issuer reasonably determines, based on substantial evidence, that you are proven to have participated in the transaction.

E. Other Terms

1. Notices and Methods of Communication

Communication via email. You must keep your email address current with us in order for us to be able to provide you with important notices and other information from time to time, and you must ensure that the contact information, including the email address registered with Cino Account, is current. You should check for incoming messages regularly and frequently, such emails may contain links to further communication on our Website or in the App. If you don’t maintain or check your email and other means of communication, you will miss emails about your transactions and Cino Services, and we can't be liable for any consequence or loss related to this. If we have reasonable concerns either about the security of your Cino Account, or any suspected or actual fraudulent use of your Cino Account and/or Cino Card, we will contact you via mobile phone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures). 

Website and App. We can also perform communications with you by posting documents and/or using a chat/ticket system on our Website, and/or using push notifications through the Website and App.

Other ways of communication. In addition to communicating via email, we may contact you via letter or mobile phone where appropriate. If you use any mobile services, we may also communicate with you via SMS. 

Durable medium. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website or in the App, in a way that enables you to retain the information in print format or another format that can be retained by you permanently for future reference. You are kindly requested to keep copies of all communications we send or make available to you.

The language of communication. Official versions of documents are in English. Other language versions of documents or communications in any other languages are for your convenience, and in case we have such a possibility. 

Withdrawal of consent. If you wish to withdraw your consent to receive communications electronically, you may do so by emailing us at support@getcino.com. Please note, however, that if you withdraw your consent to receive communications electronically, you may no longer use Cino Services.

2. Changes of Name, Address and Contact Information

You are responsible for notifying us of any change in your First Name, Last Name, country of residence, residency address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements.

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Cino Account information to such individual.

3. Confidentiality

You acknowledge and agree that Cino, the Issuer, the Acquirer, and other Cino partners, subject to applicable law, share information regarding you, your Cino Card, your Cino Account, and Cino Card transaction activity as necessary to provide customer service, maintain the Cino Card or your Cino Account, investigate and act on the Cino Card or your Cino Account-related claims and to comply with applicable law. Information about your Cino Card, your Cino Account, or the transactions you make with Cino Card(s) may be disclosed to third parties in the following cases:
In such a case, any new or modified document will be effective immediately, by posting its new version and updating the “Last Updated” date at the top of the relevant document. 

4. No Warranty Regarding Goods or Services as Applicable 

Cino and the Issuer are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with a Cino Card.

5. No Warranty of Availability or Uninterrupted Use 

Cino Services may be inoperative from time to time, and when this happens, you may be unable to use your Cino Card or obtain information from your Cino Card, including your Cino Account. Please notify us immediately at support@getcino.com if you have any problems using your Cino Card. You agree that Cino, the Issuer, the Acquirer, and their respective affiliates, employees, or agents are not responsible for any interruption of service.

6. Miscellaneous
 

Assignment. To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Cino Card, or this Agreement without our prior written consent. 

Severability. This Agreement will be enforced to the fullest extent permitted under applicable law. If any court or relevant authority decides that any of the paragraphs of this Agreement are unlawful, the remaining paragraphs will remain in full force and effect. The Issuer does not waive its rights by delaying or failing to exercise them at any time. 

Applicable laws. This Agreement is governed by the laws of the Republic of Estonia. Any dispute between you and us in connection with your Cino Account, Cino Services, and/or this Agreement may be brought to the court of the Republic of Estonia. 

Language. This Agreement was drafted in English. If this Agreement, or any part thereof, is translated to any other language, the English version shall prevail in the event of a conflict. 

Section Headings. Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement. 

Cancellation. Cino and the Issuer may cancel or suspend the Cino Card or this Agreement at any time. You may cancel this Agreement by returning the Cino Card to the Issuer, by closing your Cino Account, or by contacting us at support@getcino.com. Your termination of this Agreement will not affect any of the Issuer’s or Cino’s rights or your obligations arising under this Agreement before termination. In the event your Cino Card is canceled, closed, or terminated for any reason, any remaining available funds or credits associated with your Cino Card would revert to your Funding Source. 

Entire Agreement. This Agreement comprises the entire agreement between you and Cino concerning the above subject matter and supersedes and merges all prior proposals, understandings, and contemporaneous communications. 

7. Trademarks

You may not use any of Cino’s trademarks or slogans without our prior written permission. Trademarks or slogans include the names: getcino.com, Freerange Lamas, Get Cino, Cino, logos, and other graphics, page headers, button icons, scripts, and service names of Cino products, Cino Services, and programs. Any other trademarks that appear on our Website or in the App are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. 

8. For International Users 

The Website, the App, and the databases are hosted in Germany and are intended for and directed to users in the European Union. A small part of the App data is hosted in Firebase (US). If you are accessing the Website or the App from the United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from European laws, please be advised that through your continued use of the Website and the App, which is governed by European law, our Privacy Policy, and this Agreement, you are transferring your personal information to the European Union and you consent to that transfer. 

9. Copyright 

All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the Website and in the App, as well as the software used to create them, are owned by Cino and are protected by EU and foreign copyright laws. You may electronically copy and/or print "hard copies" from the Website and/or the App only for personal, non-commercial purposes related to your use of Cino Services. Any other use of any content stored on the Website and in the App, including linking or framing to the Website, is strictly prohibited unless you first obtain our prior written consent. 

10. Errors and Inaccuracies

We always try to provide complete, accurate, up-to-date information on our Website and in the App. Unfortunately, despite those efforts human or technological errors may occur. The Website and the App may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to transactions and any additional information, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

11. Indemnification

You agree to defend, indemnify, and hold harmless Cino, its partners, the Issuer, the Acquirer, Cino’s parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

12. Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NONE OF CINO, OUR PARTNERS, THE ISSUER, THE ACQUIRER, CINO AFFILIATES, AND THE PARTIES WITH WHOM WE CONTRACT IN ORDER TO OFFER THE CARDS, YOUR CINO ACCOUNT, AND RELATED SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE CARDS, THE CINO SERVICES, ANY PRODUCTS OR SERVICES PURCHASED USING A CINO CARD, OR THIS AGREEMENT (AS WELL AS ANY RELATED OR PRIOR AGREEMENT THAT YOU MAY HAVE HAD WITH US).TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CINO, OUR PARTNERS, THE ISSUER, THE ACQUIRER, CINO AFFILIATES, AND THE PARTIES WITH WHOM WE CONTRACT IN ORDER TO OFFER THE CARDS, YOUR CINO ACCOUNT, AND RELATED SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY CINO IN CONNECTION WITH YOUR USE OF THE CINO SERVICES DURING THE ONE (1) CALENDAR MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY OR (B) €50.

13. Survival

The provisions related to indemnification, limitation of liability, arbitration, and any other provisions required to give effect to a party’s rights shall survive the termination of the Agreement, the bankruptcy of any party, any transfer, sale, or assignment of Cino, Cino Services, or expiration of the Cino Card.