RiftPay End User License Agreement
This End User License Agreement (" Agreement") is a binding agreement between you (" End User" or " you") and RiftPay, Inc., a Delaware corporation, (" RiftPay"). This Agreement governs your use of the RiftPay mobile application, (including all related documentation, the " App") the payment services offered through the App or any applicable RiftPay site (together with the App, the " Services"). The Services are licensed, not sold, to you.
BY CREATING A RiftPay ACCOUNT, CLICKING THE "AGREE" BUTTON, OR USING THE RiftPay APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND DELETE THE APP FROM YOUR MOBILE DEVICE.
License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (" Mobile Device").
License Restrictions. Licensee shall not:
Breach this user agreement, or any other agreement between you and us;
Violate any law, statute, ordinance, or regulation;
Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
Act in a manner that is defamatory, trade libelous, threatening or harassing;
Provide false, inaccurate or misleading information;
Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;
Control an account that is linked to another RiftPay account that has engaged in any of these restricted activities;
Access the Services from outside the United States;
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services;
Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
Harass and/or threaten our employees, agents, or other users.
copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
If we have reason to suspect, or learn that anyone is violating this Agreement, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
If for any reason, RiftPay determines that you have failed to follow these rules, we reserve the right to:
- prohibit any and all current or future use of the Services by you.
- limit and/or close or suspend your RiftPay account, immediately and without penalty to us;
- hold funds in your RiftPay account for up to 180 days if reasonably needed to protect against the risk of liability;
- update inaccurate information you provided us; and
- take legal action against you.
If we close your RiftPay account or terminate your use of the Services for any reason, we'll provide you with notice of our actions and make available any unrestricted money held in your account or that has been sent to you.
Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Content and Services. RiftPay is a shareable banking platform that allows you to share banking and payments with groups, friends, and family. Our Services our integrated with Sila Inc.
Account Creation. Access to certain portions of the Services, like sending and receiving payments, is restricted to registered users. To register an account, you are required to provide your name, telephone number(s), e-mail, and/or street address, bank account or other payment information, as well as and other personally identifiable information (" Personal Information"). By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to process all transactions related to the Services. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Services and/or through your account/profile.
Accuracy of Information Provided. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
Identity Authentication. Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain RiftPay Services. We reserve the right to close, suspend, or limit access to your RiftPay account and/or the Services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity. You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity, including:
- asking you for further information, such as your date of birth, a social security or taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;
- requiring you to take steps to confirm ownership of your email address, phone number or financial instruments;
- ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources; or
- requiring you to provide your driver's license or other identifying documents.
RiftPay Circles and Administrators. RiftPay "Circles" are group accounts that enable you to share balances to spend, receive money, and make payments together with friends, family, and others. You can create a Circle with one or more people by using the add user feature in your RiftPay account. The initial user setting up the Circle will be the "Administrator." Through the Administrator account, the Administrator has the authority to add additional users into the Circle account and grant certain permissions to individual users. Administrators will have the ability to access all the individual user accounts within the group, including the ability to access, monitor, use, modify, withhold or disclose any data available to users in a group account. The Administrator account is responsible for ensuring that all activities that occur in connection with the Circle comply with the Agreement. In a Circle, if permissions are granted to users, funds in the Circle can be withdrawn or used by all users in the Circle.
Limitations on Commercial Transactions. RiftPay personal and Circle accounts may not be used to conduct business or other commercial transactions with other personal accounts, which includes paying or accepting payment from other personal accounts held by users you do not personally know for goods or services.
Prohibited Transactions. You may not use your RiftPay account for any transaction that:
- involves the sale of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) any product used in the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law;
- (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h)involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption;
- is related to gambling, including any Restricted transactions as defined in Federal Reserve Regulation GG, including, but not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling;
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; or
- violate any law, statute, ordinance or regulation.
Holds. A hold may apply to a specific transaction, to your personal account, or to a Circle account. If a hold is placed on a transaction or an account, transactions are not available to either the sender or the recipient of funds. When we place a hold, we do so because there may be a high level of risk associated with you, your account, or your transactions or because placing such a hold is necessary to comply with state or federal requirements, including investigations. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties.
Holds may remain in place for as long as necessary as permitted by law. Any placements and releases of holds are at our sole discretion.
Account Limitations. In additional to platform-wide transactional and account limitations, we may place additional limitations on your use specifically. A limitation may apply to a specific transaction, to your personal account, or to a Circle account. Limitations are similar to holds but they allow you to still make transactions through your account and we use them to protect RiftPay and our users when we notice activities that appears unusual or suspicious. We may place limitations for several reasons, including, but not limited to:
- if we suspect irregular account activity, like someone else using your account without your knowledge;
- if one of our third-party service providers notifies us that transactions may be fraudulent;
- if we reasonably believe your transactions violate our terms; or
- to comply with the law.
Reasoning for Holds and Limitations. We have no obligation to disclose the details of our risk management or security procedures to you. Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of RiftPay, our users, and/or our service providers. We may use fraud and risk modeling when assessing the risk associated with your account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions.
Reversals, Chargebacks, Claims, Fees, Fines, and Penalties. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Services.
Payment Reversals by RiftPay. Payments may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this user agreement or any other agreement with us. As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law).
If we invalidate a payment because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your RiftPay account was not authorized, then you must notify us immediately. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.
- An "Unauthorized Transaction" occurs when money is sent from your personal account that you did not authorize and that did not benefit you or that is sent from your Circle account but not authorized by any member of the Circle. For example, if someone steals your or a Circle member's password, uses the password to access an account, and sends a payment, an Unauthorized Transaction has occurred.
- The following are not considered Unauthorized Transactions:
- If you give someone access to your account (by giving them your login information) and they use your account without your knowledge or permission.
- If someone in your Circle, with authorized access to send payments, makes a payment that you, or even all other members of the Circle, disagree with.
- Invalidation and reversal of a payment by a bank or other financial institution
You are responsible for transactions made in the situation listed above.
- Duty to Report Unauthorized Transactions. If you believe your account has been wrongfully accessed or that an Unauthorized Transaction has been made, you agree to contact RiftPay immediately. If we do not receive immediate notice from you regarding the Unauthorized Transactions, and timely notice would have provided us opportunity to stop the transaction, you may not get back any of the transferred funds.
Geographic Restrictions. The Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you will not be able to access the Services outside of the United States.
Updates. RiftPay may, from time to time, in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, " Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that RiftPay has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that you shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.
Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (" Third-Party Materials"). You acknowledge and agree that RiftPay is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. RiftPay does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination.
The term of Agreement commences when you download the App, create an account, or otherwise acknowledge your acceptance of these terms and will continue in effect until terminated by you or Company as set forth in this Section10.
You may terminate this Agreement by closing your account and deleting the App and all copies thereof from your Mobile Device, provided that
- You will remain liable for all obligations related to your RiftPay account even after account closure
- Any incomplete transactions or transfers must be completed or canceled and you must transfer any money from your RiftPay account before closing it.
- You may not close your account:
- To evade an investigation.
- If you have a pending transaction or an open dispute or claim.
- If you owe amounts to us.
- If your RiftPay account is subject to a hold, limitation or reserve.
Company may terminate this Agreement at any time without notice if it ceases to support the Services, or any portion thereof, which RiftPay may do in its sole discretion, subject to paragraph 9(e) below.
In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement, subject to paragraph 9(e) below.
If we close your account or terminate your use of the Services for any reason, we'll provide you with notice of our actions and make any unrestricted money held in your account or that has been sent to you available for bank transfers
Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Services and delete all copies of the App from your Mobile Device.
Termination will not limit any of Company's rights or remedies at law or in equity.
Disclaimer of Warranties.
THE SERVICES ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
RiftPay CANNOT ENSURE THAT ANOTHER RiftPay USER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR IS AUTHORIZED TO DO SO. WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ELECTRONIC DEBITS AND CREDITS ARE PROCESSED IN A TIMELY MANNER BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE RiftPay SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM OR THE U.S. OR INTERNATIONAL MAIL SERVICE.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- RELEASE. You agree that you are solely responsible for your interactions with any other user in connection with the service and we will have no liability or responsibility with respect thereto. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of the service.
IF YOU HAVE A DISPUTE WITH ANY OTHER RiftPay USER, YOU RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
I ndemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
Dormant Accounts.If you do not log in to your account for two or more years, we may close your account and send any of your funds held in our possession to your primary address listed with your account or, if required, send any of your funds held in our possession to your state of residency. If your address is unknown, any of your funds held in our possession will be escheated to the State of Delaware.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
State disclosures. If you are a California resident, you may report complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers/consumer\_services.asp. The California Department of Business Oversight offers assistance with its complaint form by phone at 866-275-2677.
If you are a California resident, you have a right to receive communications about your account and the services by email. To make such a request, send an email to RiftPay at firstname.lastname@example.org. Include your email address, and your request for that information by email.
Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.