Last Updated: May 1, 2022

These Terms of Use apply to the Rimark Technology Inc. (“Rimark") website at ww.rimark.io and the Rimark Marketplace (the “Marketplace,” the “Rimark Site,” or the “Site”) at trade.rimark.io. The Agreement governs your use of the services, tools, and assets provided by Rimark as described below ("Rimark Services" or “Services"). By signing up to create and use an account on the Rimark Marketplace, you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement. By using the Rimark Marketplace or Rimark Services, you implicitly agree to these terms of use; if you do not, please do not use the Rimark Marketplace or Rimark Services.

Rimark reserves the right to amend or modify this Agreement at any time. It is your responsibility to check the Terms of Use for any changes. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You acknowledge and agree that we may change or discontinue, at our sole discretion, any part of the Rimark Site, products and services at any time, with or without notice to you. If you have any questions about these Terms, please email us at support@rimark.io.

Please read the Rimark Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Rimark Privacy Policy is incorporated by this reference into, and made a part of, these Terms. To view Rimark’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any transaction you make or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

1.0 General Terms of Use

1.1 Rimark Services Overview
Rimark is a BrandCashTM marketplace where users earn Coins for their engagement, share CashDrops™ with their networks, and invest in brands they believe in.. The Rimark Marketplace is a hybrid between a social networking site with social engagement features and a stock trading platform, where the assets being traded are not stocks but BrandCash™. These branded currencies equip creators, companies, and communities (collectively referred to as "Organizations") with the means to foster community, incentivize customer spending, build brand loyalty, and reward key customers, employees, and stakeholders. The Rimark Marketplace allows registered account holders (“Users”) to earn, buy, and sell BrandCash™ minted exclusively on Rimark by verified brand partners. BrandCash™ may also grant offline benefits known as “Utility,” e.g, access to events, online communities, or exclusive products.

1.2 Ownership; Proprietary Rights
The Service is owned and operated by Rimark. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Rimark are protected by intellectual property and other laws. All Materials included in the Service are the property of Rimark or its third party licensors. Except as expressly authorized by Rimark, you may not make use of the Materials. Rimark reserves all rights to the Materials not granted expressly in these Terms.

1.3 Eligibility
You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

1.4 Accounts and Registration
Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, tax identification number, a government identification, articles of incorporation and information regarding your bank account, such as the name of the bank, the account type, routing number, and account number.

Verification. You will need to complete certain verification procedures before you are permitted to use the Rimark Services. Your access to one or more Rimark Services and the limits that apply to your use of the Rimark Services, may be altered as a result of information collected about you on an ongoing basis. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.

Password. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. We assume that any transaction initiated or activity that takes place through your account using your credentials is authorized by you. If you become aware of any unauthorized access to your account or any transaction made through your account that was not authorized by you, then you must immediately notify us at hello@rimark.io.

Liability. You may be held liable for losses incurred by Rimark or any other user of or visitor to the Site due to someone else using your Rimark username, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Rimark username, password or account at any time without the express permission and consent of the holder of that Rimark username, password or account. It is important that you regularly check your account to ensure that all activity that occurs on it was authorized by you. We are not liable for any damages or losses that you incur due to unauthorized access, unless you have notified us immediately as indicated above. You may not sell or otherwise transfer your account or any portion thereof.

1.5 Disciplinary Action
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
Rimark reserves the right to refuse a new registration request or cancel an existing user account at our sole discretion.

2.0 Use of BrandCashTM

2.1  BrandCashTM Purchases
You will be able to purchase BrandCash™ through the Site and may have the opportunity to use the Coins to purchase or redeem other Digital Assets. You may be required to provide information prior to the completion of a transaction for purposes of identity verification and detection and prevention of fraud, money laundering, terrorist financing and other financial crimes. This information may include your legal name, date of birth, mailing address, and picture of a government issued identification (e.g., passport or driver’s license), and other information that may be deemed necessary or appropriate by third party payment processors, payment services providers and compliance services providers who partner with Rimark to manage transactions on the Site for purposes of identity verification. Rimark reserves the right to cancel or reject any transaction for which you provide incomplete or incorrect information, or that you do not confirm within a reasonable time following your initiation of the transaction.

The Site currently supports the purchase of RIK Tokens through a debit or credit card that matches the name on your account. You must provide the information requested and follow the relevant instructions provided by the Site to complete your transaction for RIK Coins. Following receipt and processing of any required information, confirmation of your payment method and completion of the transaction, the purchased RIK Coins will generally be included in your account and listed in your portfolio balance within 1 hour.

2.2 General Rights of BrandCash™ Holders
If you earn, buy and otherwise receive a Digital Asset on the Site, such RIK and or BrandCash™ are held and owned by you. Rimark will record your ownership of these Digital Assets in your account and on the Rimark Site for your benefit, and Rimark will have no title or ownership rights over such Digital Assets. As the owner of the Digital Asset, you will bear all risk of loss with respect to the Digital Asset. Rimark will have no liability for any change or fluctuation in the value of any Digital Asset. Rimark nor its affiliates insure any Digital Asset on the Rimark Site.

You acknowledge and agree that you are solely responsible for deciding on the suitability, value, and appropriateness of Digital Asset ownership for yourself, and that Rimark does not give advice or recommendations regarding purchasing Digital Assets. You agree and understand that you access and use the Site at your own risk, and that when you purchase any Digital Asset on the Site, you have made the decision to purchase the digital goods on your own accord.

YOU ACKNOWLEDGE AND AGREE THAT ONCE PURCHASED, THERE ARE NO REFUNDS ON ANY DIGITAL ASSETS, INCLUDING RIK AND ALL OTHER BRANDCASH™. ALL COMPLETED TRANSACTIONS ARE FINAL.

2.2 Payment Services and Sales Transactions
Rimark Site Fees. To facilitate the trading of BrandCash™ on the Site, Rimark charges a 3% fee for buying or selling any quantity of BrandCash™.

Fiat Fees and Limits. Currently, there is no cost to onramp into Rimark with a crypto transfer, but if you wish to use a debit card the corresponding fees are as follows:

Debit Cards:     US 2.9% + $0.30
Debit Cards:     International 3.9% + $0.30
Apple Pay:        US 2.9% + $0.30
Apple Pay:        International 3.9% + $0.30

Card Fee Considerations. Card issuers have begun applying fees to transactions involving cryptocurrency. Some card issuers are classifying cryptocurrency transaction as cash advances. Fees charged by credit card issuers are beyond Rimark’s control. You may wish to alert your customers/fans/users that their credit card issuer may apply additional fees. The User should understand their card's terms of service.

Minimum Fee. There is a $5 minimum fee or 2.9% + $0.30, whichever is greater in the USA and $5 minimum fee or 3.9% + $0.30, whichever is greater internationally.

Transaction Processing Limits.
Domestic (US)          Weekly: $500;       Monthly: $2,000;       Yearly: $5,000
International:            Weekly: $1,000;    Monthly: $4,000;       Yearly: $7,500
The limits work on a rolling basis so if you reach your weekly limit on a Friday, you’ll  have to wait 7 days until the following Friday to make another purchase up to your weekly Limit.

International Support is currently available in these countries:
Algeria (DZ), Argentina (AR), Australia (AU), Austria (AT), Belgium (BE), Bolivia (BO), Brazil (BR), Canada (CA), Chile (CL), Colombia (CO), Costa Rica (CR), Cyprus (CY), Czech Republic (CZ), Denmark (DK), Dominican Republic (DO), Estonia (EE), Finland (FI), France (FR), Germany (DE), Great Britain (GB), Greece (GR), Hong Kong (HK), Iceland (IS), India (IN), Indonesia (ID), Ireland (IE), Israel (IL), Italy (IT), Japan (JP), Laos (LA), Latvia (LV), Lithuania (LT), Luxembourg (LU), Malaysia (MY), Mexico (MX), Nepal (NP), New Zealand (NZ), Norway (NO), Paraguay (PY), Peru (PE), Philippines (PH), Poland (PL), Portugal (PT), Singapore (SG), Slovakia (SK), Slovenia (SI), South Africa (ZA), South Korea (KR), Spain (ES), Sweden (SE), Switzerland (CH), Tanzania (TZ), Thailand (TH), The Netherlands (NL), Turkey (TR), Vietnam (VN).

Payment processors, Payment Service Providers and Compliance. Rimark will partner with third party payment processors, payment services providers and compliance services providers to manage transactions on the Site. Rimark does charge fees for your use of or participation on the Site, which in part encompass fees incurred by third party services providers. During the transaction completion process, the amount of your transaction price that will be allocated towards fees will be automatically deducted from the total transaction price and identified, for example as “Fees” and “Rimark Fees,” prior to the completion of your transaction. As a result, the amount of RIK or BrandCash™ that you are transacting will be equal to the amount of the total transaction price after deduction of such fees.

You agree that you will provide us with all the information that we reasonably request, and that if you register with a third party services provider designated by us, you will provide all information required by such third party services provider in order to process payments. It is your responsibility to ensure that all information provided to us and to any third party services provider is accurate, true and complete. In addition, you agree that your account with any third party services provider is subject to all terms, conditions and privacy policies of such provider. You agree that you are solely responsible for payment of the fees, costs and expenses of a third party services provider in connection with any transaction that may be incurred by you and, in some cases, deducted from your payments. We are not responsible for any delay, failure, damage, or liability caused by a third party services provider, any other third party, a force majeure, or your failure to timely or properly provide us with requested information, or, with respect to third party services provider, your failure to timely or properly set up an account with the payment services provider or otherwise provide requested information for the completion of a transaction.

If Rimark believes that fraud or attempted fraud, circumvention of any of these Terms or the Rimark Privacy Policy, or any violation of law or regulation is taking place with respect to any payment or transaction, we may take action to withhold, delay, or cancel the transaction, or seek repayment of payments associated with such fraud or violations, at our sole discretion. In such cases, we may also suspend or terminate the account or accounts associated with such actions or attempted transactions.

2.3 Offramping Limits
All withdrawals from Rimark, both in the form of wire transfers to a bank account or withdrawals to USDC, are subject to limits to protect the community and comply with financial regulations. You can choose to withdraw funds from your Rimark Custodial Wallet using the following methods, once you have completed the identity check:

  • Wire Transfers: You can withdraw a minimum of $30, and up to a maximum of $9,999 USD, per withdrawal, via wire transfer to banks based in participating countries (currently USA, UK, and Canada). There is a $25 USD fee for wire transfer withdrawals and the receiving bank may charge an additional fee to receive the wire transfer.
  • USDC: You can withdraw a minimum of $10, and up to a maximum of $99,999 USD, per withdrawal, by converting your RIK balance to USDC. There is a $5 USD fee (to cover the ‘gas’) for each USDC withdrawal. We recommend withdrawing to Coinbase, but you can use any wallet that accepts USDC. Please confirm that your wallet provider accepts USDC and that you've added the correct destination wallet address before submitting your withdrawal request. Please note: USDC withdrawals are not yet available in Alaska, Hawaii, Minnesota, or New York.

Over time, Rimark withdrawal limits can change based on user activity. For example, the initial limits placed on withdrawals are set at a lower amount but can incrementally increase based on good financial behavior, just as a credit card limit increases.

2.4 Debts
In the event that there are outstanding amounts owed to us, including in your Rimark Account, Rimark reserves the right to debit your Rimark Account accordingly and/or to withhold amounts from funds you may transfer from your Rimark Account off the Rimark Marketplace.

2.5 Tax Treatment
The tax treatment of certain Asset transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions and investments made through the Rimark Marketplace. Users are solely responsible for reporting and paying any applicable taxes arising from staking through Rimark staking services and all related transactions (e.g., any exchange or sale of staked RIK or BrandCash™), and acknowledge that Rimark does not provide investment, legal, or tax advice to you in connection with such election to participate. You should conduct your own due diligence and consult your advisors before making any investment decision including whether to participate in staking and related transactions. Further, it is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you make on Rimark, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Rimark Account.

3.0 User Content

Rimark disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that

  • you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Rimark and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Rimark, the Service, and these Terms;
  • your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Rimark to violate any law or regulation; and
  • your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate
  • your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment

The following serves as a guide to help illustrate generally the types of content that fall within the scope of Rimark’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Rimark may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Rimark’s Services integrate or interoperate.

  • Hateful Content. Any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.
  • Threat of Physical Harm. Any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content, such as the Ku Klux Klan or the Nazi Party.
  • Harassment. The following is a list of actions would be deemed to be harassment: revealing someone’s personal information, also known as “doxxing”;  online stalking, and bullying; wishes for physical harm directed at a person or persons; incitement of others to any of the previous items.

We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.

Account Suspension. We also may suspend or terminate your account if we determine, in our sole discretion, that you are either

  • An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm.
  • A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.
  • Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.

Editorial Responsibility. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Rimark may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Rimark with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine at our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Rimark does not permit copyright-infringing activities on the Service.

Monitoring Content. Rimark does not control and does not have any obligation to monitor (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Rimark reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Rimark chooses to monitor the content, Rimark still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

4.0 Prohibited Use

You may not use your Rimark Account or other to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Rimark Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at hello@rimark.io.  By opening a Rimark Account, you confirm that you will not use your Account to do any of the following:

  • Unlawful Activity: Engage in activities that would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") in the countries where Rimark conducts business, including but not limited to that which would involve proceeds from any unlawful activity, or the publication, distribution or dissemination of any unlawful material or information.
  • Interference of Security Features: Interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content; reverse engineer or otherwise attempt to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; hack or use any other illegitimate means of interference; modify or create derivatives of any part of the Service.
  • Abusive Activity: Participate or initiate actions that impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Rimark Marketplace that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Rimark Marketplace, other Rimark Accounts, computer systems or networks connected to the Rimark Marketplace, through password mining or any other means; use Rimark Account information of another party to access or use the Rimark Marketplace, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user's Rimark Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Rimark.
  • Abuse Other Users: In any way interfere with another individual's or entity's access to or use of any Rimark Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; harvest or otherwise collect information from the Rimark Exchange about others.
  • Fraud: Engage in activities which operate to defraud Rimark, Rimark users, or any other person; provide any false, inaccurate, or misleading information to Rimark or Rimark users; impersonate any person or entity; claim a false affiliation; access any other Service account without permission, or falsify your age or date of birth.
  • Unlawful Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance that are not sanctioned by a governmental body or regulatory authority.
  • Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Rimark intellectual property, name, or logo, including use of Rimark trade or service marks, without express consent from Rimark or in a manner that otherwise harms Rimark or the Rimark brand; any action that implies an untrue endorsement by or affiliation with Rimark.
  • Do No Harm: Actions taken that lead to direct or indirect financial harm to holders outside of the known risks associated with investing and trading of a BrandCash™, these actions include but are not limited to “pump and dump” schemes, or any act of fraud that does explicit harm to any person holding a BrandCash™ through the Rimark Marketplace.

5.0 Prohibited Businesses

In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Rimark Services ("Prohibited Businesses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Rimark Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at support@rimark.io.

By opening a Rimark Account and using Rimark, you confirm that you will not use Rimark Services in connection with any of following businesses, activities, practices, or items:

  • Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes
  • Restricted Financial Services: Check cashing, bail bonds; collections agencies
  • Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder
  • Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen
  • Regulated Products and Services: Sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis
  • Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
  • Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
  • Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
  • Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features
  • Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs
  • Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
  • High risk businesses: Any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies
  • Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization
  • Political Organizations or Campaigns: Operations of, or affiliation with a political cause
  • Hate Organizations: Operation of, or association with a known or unknown hate group

6.0 Conditional Use

6.1 Conditional Use Businesses
Express written consent and approval from Rimark must be obtained prior to using Rimark Services for the following categories of business and/or use ("Conditional Uses''). Consent may be requested by contacting us at hello@rimark.io. Rimark may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced onboarding procedures, and operate subject to restrictions if you use Rimark Services in connection with any of following businesses, activities, or practices:

  • Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Rimark Services
  • Charities: Acceptance of donations for nonprofit enterprise
  • Cannabis: Marijuana dispensaries and related businesses
  • Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize

If you are found at any point to be affiliated or become affiliated with any Prohibited Business, Rimark will take action stipulated in the General Terms Section under 1.5 Disciplinary Action.

6.2 Suspension, Termination, and Cancellation
In addition to the terms outlined in General Terms Section under 1.5 Disciplinary Action, Rimark may: (a) suspend, restrict, or terminate your access to any or all of the Rimark Services, and/or (b) deactivate or cancel your Rimark Account(s) if: (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you of using your Rimark Account(s) in connection with a Prohibited Use; (iii) use of your Rimark Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) our service partners are unable to support your use.

If Rimark suspends or closes your account, or terminates your use of Rimark Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Rimark from providing you with such notice. You acknowledge that Rimark's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Rimark's risk management and security protocols. You agree that Rimark is under no obligation to disclose the details of its risk management and security procedures to you.

You may be permitted to transfer Assets or funds associated with your Custodial Wallet for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. As a Coin holder, you may cancel your Rimark Account  with (30) days written notice to Rimark. You will not be charged for canceling your Rimark Account, although you will be required to pay any outstanding amounts owed to Rimark. You authorize us to cancel or suspend any pending transactions at the time of cancellation.

6.3 Death of Account Holder
For security reasons, if we receive legal documentation confirming the death of you as a BrandCash™ Holder or other information leading us to believe a you have died, we will freeze your Rimark Account and during this time, no transactions may be completed until: (i) your designated fiduciary has been appointed  through written notice to Rimark, ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the fiduciary you have designated in a valid testamentary document will be required to meet identification requirements set forth in this agreement. If you have not designated a fiduciary, then we reserve the right to require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such an issue from a court of competent jurisdiction before taking any action relating to your Rimark Account.

6.4 No Investment Advice or Brokerage
For the avoidance of doubt, Rimark does not provide investment, tax, or legal advice, nor does Rimark broker trades on your behalf. All Rimark trades are executed automatically, based on the parameters of your order instructions and in accordance with posted Trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.

Rimark may provide educational information about Cryptocurrencies and Web3 related topics. Information may include, but is not limited to, blog posts, articles, links to to third-party content, news feeds, tutorials, quizzes, and videos. The information provided on this website or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. Rimark does not recommend that any Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Asset, you should conduct your own due diligence and consult your financial advisors before making any investment decision. Rimark will not be held responsible for the decisions you make to buy, sell, or hold the Assets based on the information provided by Rimark.

6.5 Privacy of Others; Marketing
If you receive information or data concerning another user through the Rimark Services, you must keep the information confidential and only use it in connection with the Rimark Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the Rimark Services.

6.6. Promotions
If you use Rimark as part of any type of promotion, contest, or sweepstakes (all referred to here as a “Promotion”), you are responsible for ensuring that your Promotion complies with all legal requirements that can vary from place to place. This includes writing the official rules, terms, and eligibility requirements, and complying with marketing regulations. Your Promotion’s official rules should state that each entrant or participant completely releases us from all claims based on, related to, or arising from the Promotion. You must make clear through the presentation of your Promotion that your Promotion is in no way sponsored, endorsed, administered by, or associated with Rimark unless expressly intended as an agreed upon joint campaign.

7.0 Complaints Resolution

7.1 Formal Complaint Process
If you have a dispute with Rimark (a “Complaint”), you agree to contact Rimark through the contact listed on the Rimark Marketplace to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through that channel, you and we agree to use the Formal Complaint Process set forth below. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps.

7.2 Procedural Steps
In the event that your dispute with Rimark is not resolved through your contact with Rimark Support, you can send a written complaint in letter form, please include as much information as possible, with any other information related to your dispute that you believe to be relevant, and post to Rimark Technology Inc., 125 South Main St, #193, Sebastopol, CA, 95472.

7.3 Rimark Response
We will acknowledge receipt of your Complaint letter after you submit it. A Rimark agent ("Agent") will review your Complaint. The Agent will evaluate your Complaint based on the information you have provided and information in the possession of Rimark. Within 15 business days of our receipt of your Complaint form, the Agent will address the issues raised in your Complaint form by sending you an e-mail ("Resolution Notice") in which the Agent will: (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your Complaint and set out the reasons for the rejection; or (iii) offer to resolve your Complaint with an alternative solution. In exceptional circumstances, if the Agent is unable to respond to your Complaint within 15 business days for reasons beyond Rimark's control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 35 business days from our receipt of your Complaint letter.

7.4 Arbitration; Waiver of Class Action
If we cannot resolve the dispute through the Formal Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the Rimark Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at Consumer Arbitration Rules).

This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.

7.5 Class Action Waiver
To the extent permissible by law, all claims must be brought in a party’s individual capacity, and not as a plaintiff or class member in any purported class, collective action, or representative proceeding (collectively “Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any class arbitration. You acknowledge that, by agreeing to these terms, you and Rimark are each waiving the right to a trial by jury and the right to participate in a class action.

The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law.

7.6 California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

7.7 Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Rimark submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Sonoma County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

8.0 General Provisions

8.1 Computer Viruses
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Rimark. Always log into your Rimark Account(s) through the Rimark Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

8.2 Release of Rimark; Indemnification
If you have a dispute with one or more users of the Rimark Services, you release Rimark, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Rimark, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

8.3 Limitation of Liability; No Warranty
In no event shall Rimark, its affiliates and service providers, or any of their respective officers, directors, agents, joint ventures, employees, or representatives, be liable for (A) any amount great eater than the value of the supported assets on deposit in your Rimark account(s), or (B) for any lost profits, diminution in value or business opportunity, any loss, damage, corruption or breach of data or any other intangible property or any special incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Rimark Marketplace or the Rimark Services, or this agreement, even if an authorized representative of Rimark has been advised of or knew or should have known of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose, except to the extent of a final judicial determination that such damages were a result of Rimark’s gross negligence, fraud, willful misconduct or intentional violation of law. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that Rimark failed to process a buy or sell transaction properly, your damages are limited to no more than the value of the supported digital currency at issue in the transaction, and that you may not recover for lost profits, lost business opportunities, diminution in value or other types of special, incidental, indirect, intangible, exemplary, punitive or consequential damages in excess of the value of the supported asset at issue in the transaction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

The Rimark Services are provided on an “As Is” and “As Available” basis without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by applicable law, Rimark specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. Rimark does not make any representations or warranties that access to the Site, any part of the Rimark Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Rimark does not guarantee that any order will be executed, accepted, recorded, or remain open. Except for the express statements set forth in this agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding whether written or oral, with respect to your use and access of the Rimark Services and Rimark Marketplace. Without limiting the foregoing, you hereby understand and agree that Rimark will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of asset price data, (b) any error or delay in the transmission of such data, or (c) interruption in any such data.

Rimark makes no representations about the accuracy, order, timeliness or completeness of historical Asset price data available on the Rimark Marketplace. Rimark will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner, but Rimark makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.

If you are a New Jersey resident, the provisions of this Section are intended to apply only to the extent permitted under New Jersey law.

8.4 Entire Agreement
This Agreement incorporated by reference herein comprise the entire understanding and agreement between you and Rimark as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement and Letters of Consent), and every nature between and among you and Rimark. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

8.5 Amendments
We may amend or modify this Agreement by posting on the Rimark Site the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Rimark Services, or suspension or termination of your access to the Rimark Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website before the material change becomes effective.

8.6 Assignment
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Rimark affiliates or subsidiaries, or to any successor in interest of any business associated with the Rimark Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and bring into effect the benefit of the parties, their successors and permitted assigns.

8.7 Severability
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

8.8 Change of Control
In the event that Rimark is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

8.9 Survival
All provisions of this Agreement, which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Rimark Account cancellation, debts owed to Rimark, general use of the Rimark Site, disputes with Rimark, and general provisions, shall survive the termination or expiration of this Agreement.

8.10 Force Majeure
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

8.11 Non-Waiver of Rights
This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.

8.12 International Use
Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

Feedback or information you provide is deemed to be non-confidential and non-proprietary. Rimark shall be free to use such information on an unrestricted basis without any compensation to you or any other person or party.

Glossary
Blockchain: Blocks are digital public ledgers that records online transactions, which when linked together form a blockchain. Blockchains are the core technology for cryptocurrencies like RIK and other BrandCash™ and ensure the integrity of a cryptocurrency by encrypting, validating, and permanently recording transactions.

CashDrops™: CashDrops™ are a means for brands to distribute BrandCash™ rewards to new and returning customers for their engagement. These drops are powered by Rimark's Peer-to-Peer Rewards model.

Custodial Wallet: Your Rimark Custodial Wallet on the Rimark Marketplace allows you to store funds for Site trading and to track your transaction history. You can store funds in RIK or any BrandCash™.

BrandCashTM: Rimark’s BrandCash™ are branded cryptocurrencies that brand partners mint on Rimark, which Users can buy, sell or earn. They are a form of smart contract built on the Solana blockchain.

Gas Fees: To execute a smart contract on a blockchain protocol, you pay a fee known as Gas. Gas Fees are the transaction fees paid to miners on a blockchain protocol that verify any transaction included in a block.  

Minting: Minting refers to the process of creating a BrandCash™ on Rimark.

Native Currency: RIK is the app’s native currency and an appreciable asset, which means the price of RIK fluctuates. You can buy, sell, earn and stake RIK.

Site: The Rimark Marketplace or the Marketplace are interchangeably referred to as the Site in context of this Agreement.

Staking: To support the functionality of a proof-of-stake blockchain, staked tokens are locked in a User’s wallet for a set duration. Staking provides a source of passive income as the staked tokens earn a dividend/interest. The staked Coins cannot be traded while they are vested.