Rise Wallet EULA and Rise Card Terms of Service

This is an agreement between you and RISE WALLET INC. It is comprised of the following parts:


End User License Agreement for the Rise Wallet Application

Last Updated: March 7, 2019

This End User License Agreement (the “EULA”) is a binding legal agreement between you, as an individual or a legal entity, and RISE WALLET INC. (“RISE”). By downloading, installing, starting or in any way using the Rise Wallet application for iOS or Android (the “App”), you agree to be bound by the terms of this EULA, the Terms of Service for the Rise Wallet Card (where you have purchased or are in possession of a Rise Wallet Card) and our Privacy Policy, which are incorporated into the EULA by this reference. If you do not agree to the EULA, Rise Wallet Card Terms of Service (where applicable) or our Privacy Policy, you may not use the App.

The App consists of: (a) the Rise Wallet mobile application, including all software, code, text, graphics, logos, layouts, designs, application programming interface (“API”), and other items included in or associated with the App; and (b) any files that are automatically delivered to you by RISE (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the App. By downloading, installing, starting or using the App, you agree to receive automatic software updates.

Parties

This EULA is between you and RISE only, and not Apple, Inc. ("Apple") or any other third party application store provider. RISE, not Apple or another third party application store provider, is solely responsible for the App and its content. Although Apple is not a party to this EULA, Apple has the right to enforce this EULA against you as a third party beneficiary relating to your use of the iOS version of the App.

Scope of License

The App is licensed, not sold, to you by RISE for use strictly in accordance with the terms of this EULA. RISE grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the App strictly in accordance with the terms of this EULA. For the iOS version of the App, you may only use the App on iOS devices that you own or control and as permitted by the Apple App Store Terms of Service. For the Android version of the App, you may only use the App on Android devices that you own or control and as permitted by the Google Play Terms of Service. You must comply with applicable third party terms and conditions when using this App with other third party apps and services.

Your use of the App is governed by applicable copyright, trademark, patent and other intellectual property laws. We reserve all rights not expressly granted to you in this EULA. We may terminate this license at our sole discretion, at any time for any reason or no reason. Your unauthorized use of the App may violate applicable laws and we reserve all rights to pursue any remedy we may choose.

Eligibility to Use the App

In order to use the App, you must be legally capable of entering into a contract and have reached the age of majority in your jurisdiction of residence, or are doing so with the permission of your parent or legal guardian.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, you must not use the App on behalf of such entity.

If you accept this EULA, you represent that you have the capacity to be bound by it.

User Conduct

You understand and agree that you shall only use the App in a manner that complies with any and all applicable laws in the jurisdiction in which you use the App, including without limitation, applicable restrictions concerning privacy, data security and intellectual property rights.

As an essential condition of using the App, you agree that you will not:

  • Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the App, or that could damage, disable, overburden or impair the functioning of the App in any manner.
  • Develop, utilize, or disseminate any software, or interact with our API in any manner, that could damage, harm, or impair the App.
  • Reverse engineer any aspect of the App, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the App.
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the App that you are not authorized to access.
  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated interface not authorized by us to access the App, extract data or otherwise interfere with or modify the rendering of App pages or functionality.
  • Use data collected from our App to contact individuals, companies, or other persons or entities.
  • Use data collected from our App for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing).
  • Use the App for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this EULA.

You agree to comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities with respect to the App. You also agree to immediately notify us if you learn of a security breach or other illegal activity on the App.

You acknowledge and agree that RISE take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce this EULA.

Non-Solicitation Policy

In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Submissions”). We will be free to use or copy all or a portion of any Unsolicited Submissions you send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes and you waive all author’s moral rights in your content and Unsolicited Submissions (including the right to be associated with your content or Unsolicited Submissions) upon submission, as well as the right to receive any financial or other consideration in connection with your content and Unsolicited Submissions. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.

Warranty

RISE does not warrant that the functions contained in the App will meet any requirements or needs you may have, or that the App will operate error free, or in an uninterrupted manner, or that any defects or errors will be corrected, or that the App is fully compatible with any particular platform. The App is offered on an “as-is” basis and no warranty, either express or implied, is given. RISE expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the waiver or exclusion of implied warranties or conditions so they may not apply to you. To the extent that any warranty exists under law that cannot be disclaimed, RISE, not Apple or any other third party application store provider, shall be solely responsible for such warranty.

Limitation of Liability

Just like any other website or app you use, when you access the App, you assume all risk associated with any viruses, worms, spyware, phishing attacks, Trojan horses, malware and other destructive items. You should take any necessary precautions before you access the App in respect of any such potential risks.

You expressly understand and agree that, to the greatest extent permitted by law, RISE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, or damages for loss of funds, profits, goodwill, use, data or other intangible losses (even if RISE has been advised of the possibility of such damages). In no event will RISE's aggregate liability to you exceed the amount of licensing fees paid by you to RISE for the App. These limitations and exclusions will apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the limitations of damages and/or exclusions of liability for incidental, consequential or similar damages. Accordingly, some of the above limitations may not apply to you.

Application Store Rules

You will comply with all applicable restrictions, requirements and rules that govern applications downloaded through the application store through which you obtained the App (for example, the Apple App Store or Google Play). If you download and use the iOS version of the App, you, the end-user of the App, acknowledge that this EULA is entered into by and between RISE and you and not with Apple Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this EULA and that Apple has the right (and is deemed to have accepted the right) to enforce this EULA. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that you have reviewed the App Store Terms and Conditions. This EULA incorporates by reference the Licensed Application End User License Agreement (“LAEULA”) published by Apple. For purposes of this EULA, the App is considered the “Licensed Application” as defined in the LAEULA and RISE is considered the “Application Provider” as defined in the LAEULA. If any terms of this EULA conflict with the terms of the LAEULA, the terms of this EULA will control. You further acknowledge and agree that to the extent you have any claim arising from or related to your use of the App, in no event will Apple be responsible for any claims relating to the App (including a third party claim that the App infringes that third party’s intellectual property rights) or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. For other mobile operating systems, additional terms may apply to your downloading, installation and use of the App, as set out in your agreement with the app store or other download facility that you use.

Protection of Funds

At no point does RISE have access to your funds via the App or in any other way. Your funds are secured via the Private Key provided to you via the App. The Private Key only exists on the device controlled by you. It is your sole responsibility to keep the Private Key safe. RISE has no ability to recover the bitcoin funds after they have been redeemed by you. RISE accepts no liability for any losses that occur as a result of your losing or divulging your Private Key either deliberately or otherwise.

Use of the Rise Wallet

Any and all taxes and fees associated with your use of the App, including carrier fees and fees associated with any transfer of funds, will be your responsibility and not the responsibility of RISE.

You may only deposit bitcoin to your Rise Wallet. RISE values the bitcoin in your Rise Wallet based on the exchange rate available to us at the time and does not guarantee the value of any bitcoin. You acknowledge and accept that due to volatility in the value of bitcoin, we will only be able to guarantee the on-screen rate displayed on the App for a short amount of time and that the rate may change at any time.

You are solely responsible for all risks associated with the bitcoin maintained in your Rise Wallet including, but not limited to any potential losses associated with changes in currency value due to delays in processing funds or any fees associated with the funds from third parties and/or financial institutions. RISE does not charge a fee for any transfer of funds into or out of your Rise Wallet.

You may withdraw your funds by transferring them from your Rise Wallet to other digital currency wallets using the App. RISE is not responsible for any potential losses associated with fluctuations in bitcoin value due to delays in processing withdrawals.

Maintenance and Support

Since the App is free to download and use, RISE does not guarantee any maintenance or support for the App. To the extent that any maintenance or support is required by applicable law, RISE, not Apple or any other third party application store provider, shall be obligated to furnish any such maintenance or support.

Third Party Content and Links

RISE may provide some third-party content within the App in the form of text, graphics and links. RISE makes no warranties, express or implied, with respect to such third-party content, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose. In no event will RISE be liable for any incidental, consequential, or cover damages arising out of your use of or inability to use third-party services. Please read the terms and conditions for any third-party platform or content before using it.

Third Party Intellectual Property Claims

RISE shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the App. To the extent RISE is required to provide indemnification by applicable law, RISE, not Apple or any other third party application store provider, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third-party intellectual property right.

Third Party Beneficiary

Your mobile operating system is a third-party beneficiary of this EULA and upon your acceptance, such third- party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this EULA against you.

Release and Indemnity

To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless RISE, its affiliates and subsidiaries, and each of their employees, officers, directors, consultants, affiliates, subsidiaries, shareholders, related entities and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the App or your breach of the EULA. We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.

To the extent permitted by law, you agree to release and discharge RISE, our subsidiaries, parent company, and any other third party that may from time to time participate in the App (whether as a participant or in an administrative, operational or other capacity), and our, and each of their respective officers, directors, agents, representatives, successors and assigns, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to your use of the App.

Entire Agreement, Governing Law and Severability

This EULA (including the Privacy Policy and Rise Wallet Card Terms of Service) contains the entire agreement between RISE and you. You acknowledge and agree that no agency, partnership, joint venture, employer- employee or franchisor-franchisee relationship is intended or created by this EULA or by your use of the App or Rise Wallet Card.

The EULA shall be governed by and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties agree that the courts of the Province of Ontario have exclusive jurisdiction to hear and settle any action, suit, proceedings or dispute in connection with the EULA.

If any term, clause or provision of this EULA is held invalid or unenforceable, then that term, clause or provision will be severable from the EULA and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this EULA.

U.S. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Modifications and Termination

RISE may modify the App and this EULA from time to time in our sole discretion, including but not limited to charging fees for the App, changing the functionality or appearance of the App, or changing the license scope or other terms of the EULA. Some modifications may be made without notice to you. For a material change, we will publish a notice on the App and RISE’s website. By continuing to access or use the App, you confirm your acceptance of the revised EULA and all of the terms incorporated by reference. If you do not agree with the revised terms, you may terminate this EULA and cease use of the App as your sole remedy. RISE may terminate your use of the App, the EULA or the RISE service at any time, with or without notice.

Contact Information

Should you have any questions, complaints, or claims relating to the App or other RISE products and services, you may contact us at [email protected] or at 3080 Yonge Street, Suite 6060, Toronto, M4N 3N1, Canada.


Terms of Service for Rise Wallet Card

Last Updated: March 7, 2019

These Terms of Service (“Terms”) are a binding legal agreement between you, as an individual or a legal entity, and RISE WALLET INC. (“RISE”), the issuer of the Rise Wallet Card (the “Card”). By using the Card, you agree to be bound by the Terms. If you do not agree with the Terms, you may not use the Card. The Card is not currently available for purchase by residents of the Province of Quebec.

Eligibility

In order to agree to these Terms, you must be legally capable of entering into a contract and have reached the age of majority in your jurisdiction of residence, or must do so with the permission of your parent or legal guardian.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, you must not agree to these Terms on behalf of such entity.

If you accept these Terms, you represent that you have the capacity to be bound by them. You also agree to be bound by the End User License Agreement for the Rise Wallet Application (the “EULA”) and RISE’s Privacy Policy.

You also agree that the Card is for your use only, and that the Card will not be used by or on behalf of a third party.

Card Price, Face Value and Activation Fee

The Card refers to the electronic or physical gift card you buy using fiat currency and can redeem for bitcoin using the Rise Wallet application (the “App”) in accordance with the EULA.

The Card clearly shows the value in fiat currency that you may purchase in bitcoin (“Face Value”) and Activation Fee (as described below). The purchase price of the Card is the sum of the Face Value and the Activation Fee. The Card can be redeemed for the bitcoin equivalent of its Face Value. By way of example, if a Card Face Value is $100 and the Activation Fee is $7.95, the Card purchase price is $107.95 and the Card can be redeemed for exactly $100 worth of bitcoin at the current exchange rate at the time it is redeemed.

The Card is not reloadable or redeemable for cash. The Card must be redeemed for its full Face Value and cannot be partially redeemed.

Your Card, the funds on your Card and any record relating to your Card are not related to or connected in any way with any account or other deposit held by RISE, nor does it constitute evidence of indebtedness or liability of RISE to you, except to honour your redemption of the Card as provided in these Terms.

The balance on your Card is not held in a separate deposit account for you, does not earn interest and is not an insured deposit under the Canada Deposit Insurance Corporation Act.

Activation Fee

When you purchase a Card, you will be charged a one-time, non-refundable, flat fee as indicated on the Card (the “Activation Fee”). The Activation Fee includes all fees incurred by RISE that are associated with your purchase and redemption of the Card, including without limitation: bitcoin acquisition fees, bitcoin miner transaction fees to deliver bitcoin into your digital wallet, card printing and distribution costs, merchant fee and issuer fee.

Sales Tax and Other Taxes and Fees

Sales tax will be applied on Card sales in jurisdictions where sales tax is applicable on the sale of digital currencies. You are solely responsible for all sales tax. Any other taxes or fees associated with your use of the Card or the App, including carrier fees and fees associated with any transfer of funds, will be your responsibility and not the responsibility of RISE.

Card Redemption

The Card can be redeemed for bitcoin (“redeemed”, “redeem” or “redemption”) only after it was activated by the merchant where the Card was acquired. The Card can only be redeemed via the App, available in Apple App Store and Google Play store.

During the redemption process, the App will provide a bitcoin price quote stating the exact amount of bitcoin that the card can be redeemed for. RISE values bitcoin based on the exchange rate available to us at the time and does not guarantee the value of any bitcoin. You acknowledge and accept that due to volatility in the value of bitcoin, we will only be able to guarantee the on-screen rate displayed on the App for a short amount of time and that the rate may change at any time. RISE is not responsible for any potential losses associated with fluctuations in bitcoin value due to delays in processing redemptions.

By completing the redemption, you agree to receive the quoted amount of bitcoin for the Card and that the redemption is final. Your redemption will be recorded as complete and closed after RISE receives your fiat currency from your Card, and then sends you bitcoin to your destination digital wallet.

We reserve the right to refuse or cancel a redemption request where we suspect or have evidence that you are engaged in or using the Card or the App to facilitate illegal or illicit activities.

RISE may set limits on your redemptions in our sole discretion – including instating caps on the number of redemptions you may make or the total value that you may redeem at any given time.

Redemption into a Third Party Wallet

During the redemption process, the app will provide an option to redeem bitcoin into a third party digital wallet. If you select this option, you assume full responsibility for providing the correct bitcoin destination address where the redeemed bitcoin should be sent to. RISE is not responsible for any loss of funds related to redeeming into a third party wallet.

No Expiration Date

The Card and the funds associated with the Card do not have an expiration period. An activated Card continues to be redeemable for bitcoin valued at the Face Value of the Card at the time the card is redeemed.

Card Sales are Final

Due to the finality of bitcoin transactions, all Card sales are final. Neither RISE nor the merchant where you purchased the Card will offer any refunds for purchased Cards. The Card is not redeemable for cash. You cannot cancel a Card once it has been purchased.

Control of Funds

After the Card is redeemed, you are in full control of the bitcoin funds via the Private Key provided by the App. As a holder of the Private Key, you have the sole responsibility to keep the funds safe. RISE has no ability to recover the bitcoin funds after they have been redeemed. RISE accepts no liability for any losses that occur as a result of your losing or divulging your Private Key either deliberately or otherwise.

Lost, Stolen or Damaged Cards

RISE is not responsible for lost, stolen or damaged cards and will not replace any such card. You are responsible for all redemptions initiated by the use of your Card and for all losses as set out in this Agreement.

Changes to these Terms

We may change these Terms but we will give you 30-days’ notice in the manner set out below before we do so. If your Card is redeemed after these Terms are changed, it will mean that you accept the changes we have made to these Terms. We may change these Terms in order to comply with any laws or regulations governing the Card or for any other reason as we may see fit.

We consider that we have given you notice about anything under these Terms when we post the information on the App or the RISE website. Any changes we post on the App or website will apply 30 days after we post the notice. You shall be deemed to have received notice of any such amendments and accepted the changes as of the effective date set out in the notice whether or not you have actually received such notice, and any and all such amendments shall be binding upon you. You acknowledge your responsibility to review the App or website on a regular basis to obtain information regarding such changes and other matters pertaining to these Terms.

Our Liability

You agree that RISE and our directors, officers, employees and agents will not be liable for any loss, costs, damages, expense, indirect, special punitive or consequential losses or damages or any other claims whatsoever or inconvenience suffered or incurred by you arising due to any of the following circumstances:

  • If we are prohibited by law from completing a redemption;
  • If circumstances beyond our reasonable control prevent your Card redemption.

Governing Law

These Terms shall be governed by and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties agree that the courts of the Province of Ontario have exclusive jurisdiction to hear and settle any action, suit, proceedings or dispute in connection with the Terms.

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from the Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Termination

We can cancel these Terms or cancel or suspend use of your Card without a reason by giving you notice. We can also cancel these Terms or cancel or suspend use of your Card immediately and without notice if we believe your Card has been or will be misused or any of these terms and conditions are breached or violated by you. Any termination of these Terms will not affect any of our rights or your obligations under these Terms prior to termination.

Contact Information

Should you have any questions, complaints, or claims relating to the RISE products and services, you may contact us at [email protected] or at 3080 Yonge Street, Suite 6060, Toronto, M4N 3N1, Canada.


Terms of Service for risewallet.com

Last Updated: March 7, 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the risewallet.com website (the “Site”)operated by RISE WALLET INC. (“RISE”, “us”, “we”, or “our”). Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.

Use License

Permission is granted to temporarily download one copy of the materials of the Site for personal, non- commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by RISE at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on the Site are provided on an 'as is' basis. RISE makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RISE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall RISE be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Site, even if RISE or a RISE authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on the Site could include technical, typographical, or photographic errors. RISE does not warrant that any of the materials on its website are accurate, complete or current. RISE may make changes to the materials contained on its website at any time without notice. However RISE does not make any commitment to update the materials.

Links To Other Web Sites

The Site may contain links to third-party web sites or services that are not owned or controlled by RISE. RISE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that RISE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Termination

We may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Contact Information

Should you have any questions, complaints, or claims relating to the RISE products and services, you may contact us at [email protected] or at 3080 Yonge Street, Suite 6060, Toronto, M4N 3N1, Canada.