Bitmo’s Terms and Conditions & Privacy Policy

Effective Date: January 28, 2019

Hello and welcome to Bitmo. We hope you enjoy using our product and service. If you have questions or feedback about Bitmo, please don’t hesitate to contact us at Support@Bitmo.com. 

Bitmo, Inc. and/or its affiliates, assigns, successors and/or agents (collectively “Bitmo,” “Company,” we,” “us,” and “our”) makes available its software and service under these Terms and Conditions (“Terms” or “Agreement”) so please read them carefully as they affect your rights. “You” and “your” refer to you, as a user of the Service or Account holder. A “user” is someone who access or in any way uses the Service or creates an Account. 

BEFORE YOU PROCEED, PLEASE READ THE TEXT MESSAGING AND NOTIFICATIONS SECTION BELOW THAT YOU CONSENT TO RECEIVE TEXT MESSAGES, INCLUDING SMS AND MMS, NOTIFICATIONS, CALLS USING ARTIFICIAL OR PRERECORDED VOICE MESSAGES, AND AUTOMATIC DIALING TECHNOLOGY FOR TELEMARKETING AND ALL OTHER PURPOSES NOT PROHIBITED BY APPLICABLE LAW. 

These Terms govern your access to and use of our products and services, including those offered through our mobile application (the “Bitmo Mobile App”), websites, communications (e.g., emails, phone calls, telemarketing, and texts) and other applications or platforms (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with Bitmo, Inc., a Delaware corporation with its headquarters in San Diego, California. 

IT IS IMPORTANT YOUR REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BITMO ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Bitmo may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND OUR PRIVACY POLICY, PLEASE DO NOT USE BITMO OR ANY SERVICE FROM BITMO.

DEFINITIONS

 “Content” means any text, images, photos, audio, video, and all other forms of data or communication that transmits to, through, or in connection with the Service, such as ratings, reviews, comments, photos, videos, compliments, texts, invitations, friending and following activity, direct messages, and other forms of information or data that is connected with the Service. 

“Account” means any personal account you create in order to access or use the Service. Your Account is for your personal, non-commercial use only, and you may only have one Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction, if different than 18, to obtain an Account, unless a specific Service permits otherwise. You may not create or use an Account for anyone other than yourself. Account registration requires you to submit certain personal information. You will provide complete and accurate information about yourself when creating an Account when using the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Failure to comply with any Account rules may result in an immediate suspension or termination of your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason. Unless otherwise permitted by Bitmo in writing, you may only possess one Account.

CHANGES TO THE TERMS

We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, regular mail, text message, in-app messaging, or other reasonable means. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes. If you do not agree to any modification of these Terms, your sole remedy is to discontinue your use of the Service. 

USER REQUIREMENTS

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use your Account or Service unless they are accompanied and supervised by you at all times while using your Account or Service. You may not assign or otherwise transfer your Account to any other person or entity. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, theft, or harm, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

USING THE SERVICE

To access or use the Service, you must have the power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of the Company, if the Company has banned you from the Service, if the Company has closed your Account, if you do not own a valid Account, if the Company has notified you to not use the Service, or if the Company has notified you to not use any other product or service offered by Bitmo.

· The Company reserves the right to modify, update, interrupt, suspend or discontinue the Service at any time without notice or liability.

· The Company grants you permission to use the Service subject to these Terms and your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, inaccurate, objectionable, incomplete, inappropriate, or lacks adequate warnings and risks. 

· The only permitted method to access or use any portion of the Service is to create and maintain a valid Account and provide certain information about yourself. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes.

·

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. Accurate records enable Bitmo to provide the Service to you. In order for the Service to function effectively, you must also keep your Account up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Bitmo, in its sole discretion, may elect to take.

You agree that Bitmo may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Bitmo a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Bitmo in any way.

As a part of the Bitmo community, you agree and authorize Bitmo to collect information about the stores, merchants, or retail brands that you visit that is used to create a better user experience for you and other Bitmo users. Examples of this type of information includes information about the retail stores you visit and other shopping details that are used to create a better experience for you and other users. In the future we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time and money savings, we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.

We use Plaid Technologies, Inc. (“Plaid”) to gather users’ data from financial institutions. By using the Services, you grant us and Plaid the right, power and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored and processed by Plaid in accordance with the Plaid Privacy Policy. 

LINKING PAYMENT CARDS

In order to receive rewards, if any are applicable, from us for qualifying purchases of goods or services, or for referring other users to download the Bitmo application and use the Service, you must link at least one eligible debit or credit card (a “Payment Card”) to your Account. Note that not all debit and credit cards are eligible to be linked to your Account. Whether a card is eligible to be a Payment Card is at our sole discretion. Certain Visa, Mastercard, and American Express cards are not eligible to be linked to your Account. To be eligible as a Payment Card, it must be issued by a U.S. bank. In addition, you may not be able to link a debit or credit card to your Account if the card is already linked to certain other third-party card-linked offer programs.

REWARD PROGRAM

By registering a Payment Card in connection with any reward program, you authorize us access to monitor transactions on your linked Payment Card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned rewards linked to your Payment Card. For more information on how we use your Payment Card transaction information, see the “How We Use Information We Collect” section of the Privacy Policy. You may opt-out of transaction monitoring on the Payment Card(s) you have registered by de-linking them through the Services or by terminating your Account. To terminate your Account and this Agreement and your right to use the Services at any time and for any reason and for no reason, contact Customer Support and immediately discontinue all use of the Services. Please note that if you opt-out of transaction monitoring, certain features of the Services may not be available to you or the performance of certain features of the Services may be limited or not work at all.

You are solely responsible for verifying the accuracy and completeness of any rewards to your Account performed by us hereunder. You must notify us of any errors within 15 days of such information being made available to you. If you do not notify us of any such errors within such 15 days, you will forfeit the right to contest a transaction, reward, or gift except to the extent such forfeiture is prohibited by applicable law.

Certain limits may apply to your redemption of rewards. For example, unless otherwise permitted by us, you may only redeem up to the equivalent of $100 in any day. Without limiting any of the other conditions of these Terms, we may modify the redemption terms for Bitmo rewards at any time in our sole discretion.

TAXES

Depending on applicable tax laws, your receipt of rewards may be subject to reporting to certain tax authorities. In accordance with such laws, we may be required to send to you and file certain forms with tax authorities, such as the IRS Form 1099-MISC (Miscellaneous Income), for any year in which rewards are issued to you. If we request information from you in order to complete a required tax form, and you fail to provide the requisite information, you will be prohibited from redeeming rewards from your Account until we receive the required information.

PAYMENT TERMS

By providing your payment account information, including third parties such as your bank, PayPal, Inc., credit cards, or other payment options, to us, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments from, and accept payments to, the payment account; and (c) such action does not violate the terms and conditions applicable to your use of such payment account or applicable law. When you authorize a payment in connection with the Services, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the designated payment method.

RESTRICTIONS

You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:

· Infringes or violates the intellectual property rights or any other rights of anyone else (including Bitmo);

· Violates any law or regulation or this Agreement;

· Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

· Jeopardizes the security of your Bitmo Account or anyone else’s (such as allowing someone else to log in to the Services as you);

· Attempts, in any manner, to obtain the password, account, or other security information from any other user;

· Violates the security of any computer network, or cracks any passwords or security encryption codes;

· Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;

· “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

· Copies or stores any significant portion of the Content;

· Link to, mirror or frame any portion of the Services;

· Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or

· Circumvent, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

TEXT MESSAGING AND NOTIFICATIONS

BY ACCESSING OR USING THE SERVICE, YOU CONSENT TO RECEIVE TEXT MESSAGES, INCLUDING SMS AND MMS, NOTIFICATIONS, CALLS USING ARTIFICIAL OR PRERECORDED VOICE MESSAGES, AND AUTOMATIC DIALING TECHNOLOGY FOR TELEMARKETING AND ALL OTHER PURPOSES NOT PROHIBITED BY APPLICABLE LAW FOR ANY ELECTRONIC OR PHYSICAL ADDRESSES THAT YOU HAVE PROVIDED IN CONNECTION WITH YOUR ACCOUNT. YOU ALSO UNDERSTAND THAT YOU MAY BE CHARGED BY YOUR PHONE CARRIER FOR CERTAIN COMMUNICATIONS SUCH AS SMS MESSAGES, MMS MESSAGES, OR PHONE CALLS. You certify that the mobile telephone numbers that you have provided to us is your personal contact number from a valid U.S. carrier in good standing. Your consent, provided by accepting these Terms and using the Service, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls and texts shall remain in effect until you revoke it. You may revoke your consent at any time. Your consent to telemarketing calls and texts may be revoked by following any of the opt-out methods described below, or by any other method that ensures we receive the revocation. You understand that providing such consent is not a condition of any good or service.

You may revoke your consent to receive marketing phone calls (calls other than to verify or service your Account or collect any amounts you may owe), by sending an email with your mobile phone number and the subject line “Opt-Out” to support@bitmo.com. You may also revoke your consent and opt out to receive marketing text messages by replying STOP from the mobile device receiving the messages. You may continue to receive text messages for a short period while we process Your request, and You may also receive text, email, or other forms of messages confirming the receipt of your opt-out request.

LICENSE

Subject to your compliance with these Terms, Bitmo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device solely in connection with your Account; and (ii) access and use any Content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Bitmo and Bitmo’s licensors.

THIRD PARTY INFORMATION AND SERVICES

While accessing or using the Service, you may direct Bitmo to interact with existing accounts you own and that are maintained online by third party companies with which you have accounts (“Third Party Accounts”) such as Facebook or other accounts you own online. Bitmo makes no effort to review the Third Party Accounts for accuracy, legality or non-infringement. Bitmo is not responsible for the products and services offered by or on third party sites. If your permission settings allow it, Bitmo may import information from your Third Party Accounts to help better offer the Services to you. Bitmo does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Services.

Bitmo cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Bitmo cannot assume responsibility for the accuracy, deletion, timeliness, non-delivery or failure to store any user data, communications or personalization settings.

The Services may be made available or accessed in connection with third party services and content, including advertising and promotions, that Bitmo does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Bitmo does not endorse such third party services and content and in no event shall Bitmo be responsible or liable for any products or services of such third party providers. 

APPLE APP STORE AND GOOGLE PLAY STORE

The following Terms apply to you if you are using the Bitmo Mobile App from the Apple App Store or Google Play Store. To the extent the other Terms of the rest of this Agreement conflict with the Terms of this paragraph, the Terms in this paragraph apply, but solely with respect to your use of the Bitmo Mobile App from the Apple App Store or Google Play Store:

· You acknowledge and agree that this Agreement is solely between you and Bitmo, not Apple or Google, and that Apple and Google have no responsibility for the Bitmo Mobile App or content thereof. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Bitmo Mobile App.

· Your use of the Bitmo Mobile App must comply with the applicable Apple App Store or Google Play Store Terms of Use.

· To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Bitmo Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement.

· You and Bitmo acknowledge that Apple and Google are not responsible for addressing any claims of yours or any third party relating to the Bitmo Mobile App or your possession and/or use of the Bitmo Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Bitmo Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

· You and Bitmo acknowledge that, in the event of any third party claim that the Bitmo Mobile App or your possession and use of the Bitmo Mobile App infringes that third party’s intellectual property rights, Bitmo, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

· You must comply with applicable third party terms of agreement when using the Bitmo Mobile App.

· You and Bitmo acknowledge and agree that Apple and Google, and their subsidiaries, as applicable, are third party beneficiaries of this Agreement as its relates to your license and use of the Bitmo Mobile App, and that, upon your acceptance of this Agreement, Apple or Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

OWNERSHIP

The Services and all rights therein are and shall remain the property of Bitmo or the property of Bitmo’s licensors. Neither these Terms nor your use of the Services convey in any way or grant to you any rights: (i) related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Bitmo’s company names, logos, product and service names, trademarks or service marks or those of Bitmo’s licensors.

USER CONTENT RULES

As part of the Service, Bitmo, in Bitmo’s sole discretion, allow you to from time to time to post content on various publicly available locations in the Service (“User Content”). By posting User Content, you agree to the following rules: 

· You are responsible for all User Content you submit to the Service.

· By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

· You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

· You may not interfere with other users using the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

· You acknowledge and agree that your communications with other users via any channel of communication via the Services may be public and that you have no expectation of privacy concerning your access to and use of the Services. You are solely responsible for your communications through the Services and your interactions with other users of the Services.

PROMOTIONS

Unless otherwise noted, all Bitmo promotions are limited to one per user, per device during the promotional period while supplies last. In order to qualify for a promotion, users must have an active, verified Account. Promotional Cards may not be eligible to be regifted or exchanged for other brands. Promotional Cards may have an expiration date. Subject to promotion details, discounted gifts may not be eligible to be regifted or exchanged for other brands.

Bitmo maintains a zero-tolerance policy for users who abuse promotions through falsified or misrepresented Account or personal information or other means. All instances of abuse will result in a complete revocation of any and potentially all Promotional Cards and permanent ban from the Service. Bitmo reserves the right to deny promo code redemptions and enforce permanent Service and Account bans at its discretion. Such reasons include but are not limited to:

· The creation of fraudulent or duplicate Accounts or user profiles using the Service

· Suspected promo code abuse or any attempt to “game the system”

· Identity mismatch from Payment Methods, public records, etc.

· The unauthorized distribution of promo codes to new or existing users

Promotions may require additional actions in or outside of the Service such as completion of your Account profile, social media participation, etc. It is your responsibility to read all Terms outlined in this Agreement and the applicable marketing campaign information associated to the promotion. If you do not understand the Terms, it is your responsibility to contact support@bitmo.com to seek clarification before you participate in the promotion.

PROMOTIONAL CARDS (FORMERLY KNOWN AS “FREE GIFTS”)

Unless otherwise noted, Promotional Cards are intended for “new users” only. The definition of a “new user” is someone who:

· Has never signed up to create an Account, and

· Has never received a Promotional Card

Promotional Cards are subject to the brand and gift amount advertised in the applicable marketing campaign shared via website, social media, email, push notification, SMS message, etc. Promotional Cards sent via the “Invite Friends” link or referral program are subject to these Terms.

PROMOTIONAL CARD RESTRICTIONS 

Promotional Card restrictions can be found on the applicable card in the user’s Bitmo wallet provided as part of the Service. Promotional Cards may be subject to some or all of the following restrictions:

· Inability to exchange for other brands (as indicated by a disabled “Exchange” button)

· Inability to regift to someone else (as indicated by a disabled “Regift” button)

· Expiration date (as noted on the applicable card, under “Terms and Conditions”, or in the associated marketing campaign)

DISCOUNTS

“Discount” or “Discounted” shall refer to incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, deals, discounted gift promotions, or discounted gift cards. Unless otherwise noted, Discounts are available to new and existing users.

Any and all gift cards purchased with a Discount are final and will not be allowed to be exchanged for another gift card brand or amount. Any and all exceptions to this rule are at the sole discretion of Bitmo and will be dealt with on an individual basis. 

Discounts are subject to the qualifying brand and/or gift amount advertised in the applicable marketing campaign shared via website, social media, email, push notification, SMS message, etc. 

Discounts associated to a purchase must have a valid Payment Method, Account in good standing, and abide by the associated marketing campaign or promotion rules.

SWEEPSTAKES, CONTESTS, ETC. 

All Bitmo-sponsored sweepstakes and contests are subject to Bitmo Promotions – General Terms and Conditions. No purchase necessary. To enter to win, send a letter or postcard referencing the promotional dates and prize(s) referenced in the applicable marketing campaign to Bitmo, Inc. 701 Palomar Airport Road Suite 160 Carlsbad, CA 92011.

REFERRAL AND OTHER REWARDS PROGRAMS

Periodically Bitmo may make you offers to receive rewards for taking actions to promote the Service. In general, if you participate within the spirit of the program you will be rewarded. However, to protect Bitmo from seen and unforeseen issues we reserve the right, in our sole discretion, to withhold such consideration for any reason at any time with or without any cause. By participating in any Bitmo rewards program, you accept this condition. Additionally, we may choose at our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each reward program, please contact us.

In association with reward programs you may be issued Personalized Links or messages that can issue you rewards. You agree not to promote these Personalized Links or messages through any unapproved channels which include but are not limited to: unsolicited email (SPAM), search advertising, display advertising, or any paid promotional channel. If you have questions about a specific promotional method, please contact us for permission BEFORE you begin promoting your Personalized Link. Failure to do so will result in all rewards being withheld and your account potentially being suspended.

Bitmo reserves the right at any time to cancel, modify, or restrict any aspect of any Bitmo reward program, campaign, or promotion, including any point conversion ratios, redemption offers, expiration terms, etc., and Bitmo reserves the right to apply such changes retroactively to rewards already accrued under any Bitmo reward program.

OUR COMMITMENT TO ACCESSIBILITY

Bitmo is committed to making our website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 866.866.1492 or email our team at support@bitmo.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.

INFORMAL DISPUTE RESOLUTION

We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Company, you agree to try to resolve the dispute informally by sending an email with your mobile phone number and the subject line “Bitmo Dispute” to support@bitmo.com. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission to the Company, then you or Company may bring a formal proceeding. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

ARBITRATION AGREEMENT

BY ACCEPTING THESE TERMS, ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND BITMO (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH IN THIS ARBITRATION AGREEMENT. YOU AND BITMO AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND BITMO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND BITMO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY. 

AGREEMENT TO BINDING ARBITRATION

You and Bitmo agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Bitmo, and not in a court of law. You acknowledge and agree that you and Bitmo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Bitmo otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. 

EXCEPTIONS TO ARBITRATION

The following type of Claims shall not require arbitration: (a) Claims brought by you or Bitmo that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property, copyrights, trademarks, trade secrets, or patents. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration. 

Claims that cannot be arbitrated must be brought in court. California law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Claim that cannot be arbitrated, without regard to conflict of law provisions. You or Bitmo may seek relief in any small claims court of competent jurisdiction. All other Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within San Diego County, California and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.

RULES AND GOVERNING LAW

Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

You and Bitmo agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement will be subject to and governed by the Federal Arbitration Act (“FAA”). You and Bitmo agree that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

PROCESS

A party who intends to seek arbitration must first send a written notice of the dispute to the other party as specified by the AAA Rules. A Demand for Arbitration form can be found at Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.

LOCATION AND PROCEDURE

Unless you and Bitmo otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Bitmo submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties.

ARBITRATOR’S DECISION

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Bitmo will not seek, and hereby waives all rights Bitmo may have under applicable law to recover attorneys’ fees and expenses if Bitmo prevails in arbitration.

FEES

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Bitmo will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose. Each party agrees that any written decision and information exchanged during arbitration will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award.

SEVERABILITY AND SURVIVAL

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; and (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement.

CHANGES TO THE ARBITRATION AGREEMENT

Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms, if Bitmo changes this Arbitration Agreement after the date you first agreed to the Terms or to any subsequent changes to the Terms, you may reject any such change by providing Bitmo written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by U.S. mail, or (b) by email from the email address associated with your Account to: support@bitmo.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Bitmo in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms or to any subsequent changes to the Terms.

CALIFORNIA CONSUMER RIGHTS NOTICE

California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.

COPYRIGHT

Bitmo takes copyright infringement seriously and will respond to notices of alleged copyright infringement from the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Bitmo’s Copyright Agent for notice of claims of copyright infringement is as follows: legal@bitmo.com.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND PRODUCTS AND PROMOTIONS ASSOCIATED WITH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BITMO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS. BITMO MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS THIRD PARTY AFFILIATES, MERCHANTS, OR OTHER PARTIES IN CONJUNCTION WITH THE SERVICE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICE OR GOOD IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

NOTIFICATION DISCLAIMER

You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. Bitmo does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Bitmo shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of an notification; or for any actions taken or not taken by you or any third party in reliance on a notification.

LIMITATION OF LIABILITY

BITMO SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF BITMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BITMO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF BITMO SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

INDEMNIFICATION

You agree to indemnify Bitmo and its affiliates and their officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials or content in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

TERMINATION

You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Bitmo with a notice of termination to support@bitmo.com. We may, in our sole discretion, suspend, limit, or terminate your Account and your access to and use of the Services, including any and all reward balances in your Account, at any time for any reason, without notice or liability to you, including, but not limited to, if we suspect that your access to or use of the Services violates these Terms or applicable law. Upon the termination of your Account, you must cease all use of the Services, and you shall forfeit any reward balance remaining in your Account. Termination of your Account and your access to and use of the Services will not affect any of our rights or your obligations arising under these Terms prior to such termination. In the event you or Bitmo terminates your Account, you agree that we may retain your data, including personal and transaction information, for one year from the date of termination for audit and merchant invoicing purposes. Provisions of these Terms that, by their nature, should survive termination of your Account and your access to and use of the Services will survive such termination.

CHOICE OF LAW

These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in the Arbitration Agreement of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the Arbitration Agreement or to any arbitrable disputes as defined therein. Instead, as described in the Arbitration Agreement, the Federal Arbitration Act shall apply to any such disputes.

NOTICES

Bitmo will send all notices and other communications regarding the Services to you at the email address or physical address you provided for your Account, as may be updated by you from time to time. You will be considered to have received a notice from us regarding the Services when we send it to the email address or physical address we have in our records for you or when we post such notice on the Bitmo website or in the Bitmo Mobile App.

Except as otherwise provided in these Terms, all notices to us that are intended to have a legal effect must be delivered via email to legal@bitmo.com. All such notices are deemed effective upon documented receipt by us.

GENERAL PROVISIONS

· We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

· Except as otherwise stated in Third Party Information and Services above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

· The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

· Any failure on Bitmo’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Bitmo.

· If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

· The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Bitmo’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

· You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Bitmo as a result of these Terms, creation of an Account, or your use of the Service. 

· The section titles in the Terms are for convenience only and have no legal or contractual effect.

·

CONTACT INFORMATION

If you have questions or comments about this Agreement, you may email us at support@bitmo.com or by post to:

Bitmo, Inc.

701 Palomar Airport Road

Suit 160

Carlsbad, CA 92011  

United States

BITMO PRIVACY POLICY

Effective Date: January 7, 2020

Bitmo, Inc. (“Company”, “we”, “us”, “our”) is committed to protecting your personal information and your right to privacy. This Privacy Policy describes how we collect, use, share and protect information in connection with the websites, mobile websites, mobile applications, browser applications, marketing programs, payment methods, financial transactions, content, and related software applications (“Services”). This Privacy Policy is incorporated by reference into the Terms of Use. 

When you visit our mobile application, and use our services, you trust us with your personal information. We take your privacy very seriously. In this Privacy Policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of any Bitmo Service or related property.

COLLECTION OF INFORMATION

We may collect, transmit, and store information about you in connection with your use of the Service, including any information you send to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed or partner with the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process. 

The personal information that we collect depends on the context of your interactions with the Service, the choices you make, and the products and features you use. We collect, process, and use your information below when you:

· Register for our Services or sign in to an existing account

· Visit our website(s)

· Add, initiate, or complete a payment method to pay for goods and services

· Add, initiate, or connect a third party account

· Redeem an offer using the Services

· Access any of our software application(s)

· Connect to our Services using third party accounts, such as your email, social media or payment account(s)

· Contact us for support

· Participate in our shopping or influencer programs

· Participate in a sweepstakes, contest, promotion, survey or poll, program, or reward program

· Invite people using the Service

· Post or share content

·

Bitmo and third party service providers may automatically collect information through:

· Interaction with the Company or Service in any way

· Cookies and other tracking technologies

· Location-identifying technologies

· Monitoring and analyzing trends, usage and activities

· Location-based services for which you opt-in or location detection technology, such as GPS signals, sent by your mobile device

· Device identifiers (such as unique device identifiers or device fingerprint)

· Data analytics (such as analyzing anonymized and aggregated data generated by the Services)

· Services analytics (such as diagnostics to improve the functionality of the Services)

· Physical point-of-sale terminals for advertising and marketing Services that you opt-in to receive

· Application identifiers

· Session ID and User ID in connection with the Service

· Third party accounts currently or previously connected to the Service

· Mobile device settings and operating information

· Hardware settings

· Total amount of time spent in the Services

· User creation time

· Length of Services session

·

The types of information you provide may include personal information. “Personal information” means information that can be used to identify you (whether alone or in combination). The personal information you may provide to us includes:

· First and last name

· Unique personal identifier

· Email address

· Mailing, billing and/or shipping address

· Mobile phone number

· Payment information (such as payment account name, payment account number, payment card expiration date and billing address)

· Payment transaction data and details for payments made for goods and services at participating Bitmo merchants

· Commercial information such as records of products or services purchased, obtained, or considered by you

· How you connect to our Services, such as your IP address, unique device identifiers, device or session IDs and information regarding the network and connected hardware (e.g., computer or mobile device and carrier), and system configuration information

· Browsing, shopping and purchase history

· Your geolocation, to the extent you have configured your device to permit us to collect such information, date and time stamps associated with transactions, and locale preferences

· Click-stream data (internet or other electronic information regarding you browsing history, search history, the web page visited before you came to our website, length of visit and number of page views, click-stream data meaning the page-by-page paths you take as you browse through our services)

· Audio recordings of your voice to the extent you call us, as permitted under applicable law

· Inferences about your preferences, characteristics, behavior and attitudes

· Interest in and use of advertising, marketing, and offers

· Responses to survey questions regarding the Services

· Information, including usage information, such as frequency of use or average number of minutes for use, generated through use of the Service

· Date and time when interacted with the Service

· Location of purchases while using the Service

· Internet Protocol (IP) address

· Other transaction data such as amount of purchase, store name or register number when using the Service

· Your contacts you connect with the Service

· Third party account information connected to the Service that includes transactions, locations, history, and other data allowed by each third party

·

WIRELESS OPERATOR INFORMATION

For security and identity purposes, personally identifying information will be collected from your mobile provider. You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other wireless operator) to disclose to Bitmo and its third party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. 

SOCIAL LOGINS

By signing into the Service through a third party social networking service (“Social Networking Service”), such as Facebook or Google, you give us permission to access, store and use any information that you permit the Social Networking Service to share with us in accordance with the privacy settings applicable to your account with that Social Networking Service. We will use the information we receive only for the purposes that are described in this Privacy Policy or that are otherwise made clear to you in the Service. 

USE OF INFORMATION

We use information we collect to: conduct business and improve the effectiveness of Bitmo Services; develop new products and Services; provide information and support for the Services; conduct research and analysis including focus groups and surveys; better understand your needs and interests; personalize communications and advertising/offers; promote a quality experience for users of Services; and to perform other business activities related to the Services as needed or as otherwise described in this Policy.

For example, we will use your information to:

· Create and maintain your Bitmo Account(s)

· Communicate, interact and build the Bitmo relationship with you

· Gather transaction statistics relating to your use of Bitmo in order to collect information to measure, analyze and improve the Services

· Manage dispute resolution and perform customer service activities

· Customize the content, products, and features (including marketing offers that you opt-in to receive) that are offered to you in the Services

· Process, fulfill, and follow up on transactions and requests for products, services, support, and information via the Services

· Engage in market research and analysis

· Comply with legal requirements

· Enforce our agreements

· Deter, detect, and prevent fraud and other prohibited or illegal activities

SHARING OF INFORMATION

We may share information with Third Parties for the purpose of running the Service and fulfilling our commitments to you. These include businesses that perform services on our behalf, including to help us maintain our products, provide support for legal, banking, security protection, payment processing, our own marketing, and customer service. Bitmo may share or disclose your information with:

· Third party merchants based on your purchase of goods and services from such merchant, or participation in such merchant’s loyalty or reward program

· Third party providers involved in providing the Services

· Third party providers using your information on Bitmo’s behalf in connection with signing up for a Bitmo Account

· Third party merchants based on your referral of goods and services in the Service to other users

· Third party providers using your information on Bitmo’s behalf in connection with connecting a payment method with the Service

· Third party providers using your information on Bitmo’s behalf in connection with a potential or actual payment method transaction or connection

· Third party providers or merchants using your information on Bitmo’s behalf in connection with loading of and use of a loyalty or rewards Account in Bitmo

· Third party providers using your information to evaluate and enhance the performance of the Services

Bitmo reserves the right to disclose any personal information necessary to protect the rights or safety of any person or entity at its sole discretion.

PROTECTION OF RIGHTS AND LEGAL MATTERS

Bitmo reserves the right to disclose any personal information necessary to detect or respond to instances of potential or actual fraud or other illegal activities, to respond to a law enforcement agency’s request for information or cooperation in an investigation, or to respond to judicial process or other valid government investigation or process, at its sole discretion.

BUSINESS TRANSFERS

We may share the information we collect, including personal information, with any third party in connection with, or during negotiations of, any proposed or actual merger, purchase, sale (including a liquidation, realization, foreclosure or repossession) or any other type of acquisition of all or any portion of Company assets, conveyance or transfer of all or a portion of our business to another company.

REFERRAL PROGRAMS

Company may offer features that allow you to inform an individual about our Services. If you choose to use our referral features, we will ask for your referral’s email address, mobile phone number, social media handle, or other personally identifiable information to send them an electronic communication (“Referral Invite”) inviting them to join our Services. Company will store this information for the sole purpose of sending this Referral Invite and tracking the success of our referral program. If you choose to participate in our referral programs, you represent and warrant that you have a personal relationship with your referral and that you are authorized to share their information with Company for the purpose of sending this Referral Invite to join the Services.

If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at support@bitmo.com.

THIRD PARTY DISCLAIMER

The Services contain hyperlinks to websites of merchants, retailers and other websites or locations that we do not control and are operated and controlled by third parties (“Third-Party Websites”). Our Privacy Policy does not apply to these Third-Party Websites and we make no representations regarding the policies or business practices of any such Third-Party Websites. We encourage you to review, and if necessary, adjust, your privacy settings on the applicable Third Party Websites.

THIRD PARTY DISCLOSURES

Bitmo Inc. uses Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By using our service, you grant Bitmo and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

In order to use the payment functionality of the Bitmo application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize Bitmo to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through Bitmo’s application, and Dwolla account notifications will be sent by Bitmo, not Dwolla. Bitmo will provide customer support for your Dwolla account activity, and can be reached at support@bitmo.com.

TRANSACTIONS DISCLOSURE

By utilizing Bitmo’s Services, you agree to not dispute any transaction initiated by you via the Bitmo Mobile App. You also understand that Bitmo will not provide refunds for goods or services it has provided. All claims of potential or actual fraud must be initiated and settled by the Bitmo Account holder’s financial institution.

Please allow 1-4 business days (excluding bank holidays) for settlement of all transactions initiated on the Bitmo app. Bitmo’s goods and Services will not be provided until the applicable transaction has settled. Cancellation requests made by the Bitmo Account holder may not be fulfilled based on the transaction status as of the day and time of the request.

Bitmo reserves the right to initiate, pend, cancel, and refund transactions at its sole discretion in instances of potential or actual fraud or promotion abuse based on, but not limited to, the following factors: Accuracy of personal information; Payment Method, device identifiers; or suspicious activity within the Bitmo app. Bitmo reserves the right to withhold delivery of goods and Services until potential or actual fraud or promotion abuse is investigated or for up to 14 business days past the settlement date of the applicable transaction(s). In the instance of returned transaction, Bitmo reserves the right to payment recovery by initiating a transaction of the same amount from the Account holder’s Payment Method.    

CONTROLLING YOUR PERSONAL DATA

You may in some cases have the option to decline providing us information. However, your choice not to provide information may impact your use of certain features or the capabilities of the Service. You may unsubscribe or opt out of receiving marketing communications from us by using the unsubscribe link on the footer of our marketing emails, reply STOP to text messages, or by contacting support@bitmco.com. We encourage you to maintain the accuracy of the information you submit to us, such as the information you provide to register for your Account. The Services may allow you to access, review, correct, update and remove or make inaccessible personal information you have provided through your Account settings. With respect to the Bitmo Mobile App, you can prospectively stop all collection of information by the application by uninstalling the application. You may at any time opt out from further allowing us to have access to your location data by adjusting the permissions in your mobile device. We will make good-faith efforts to make requested changes as soon as reasonably practicable.

COOKIES AND RELATED TECHNOLOGIES

Bitmo does not track your activities on other mobile apps. Bitmo does not allow third parties that we have agreements with to track your activities across different mobile apps when you use Bitmo. Bitmo may share information with software companies that power your mobile device or app stores and companies that provide tools and information for apps about consumers.

We and our partners use cookies and similar technologies to analyze trends, administer the website, track users’ movements around the website and gather demographic information about our user base. We use cookies for many purposes, including, without limitation, authentication and tracking user preferences or web pages visited while using the Services. You may control the use of cookies at the browser level. If you choose to disable cookies, it may limit your use of certain features or functions on the Service.

We, and third parties with which we partner, may also use cookies, pixels and other technologies to automatically collect information about your use of the Services, such as your click-stream data, browsing history, IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. Data collected from a browser or device may be used with another computer or device that is linked to the browser or device on which such data was collected (also known as cross-linking). We may also work with third parties to serve ads to you as part of a customized campaign on other websites or platforms. These third parties may also collect personal information about your online activities over time and across different websites when you use our Services to help predict your preferences and to display (and to enable other third parties to display) ads to be more likely to be of interest to you. Some third party service providers that we engage (including third party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.

CHILDREN’S PRIVACY

The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at support@bitmo.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.

CALIFORNIA PRIVACY RIGHTS

This section applies only to California Residents. If you live in California and use Bitmo, you have some additional rights when it comes to your data.

PERSONAL INFORMATION COLLECTED

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the personal information categories, as identified and defined by the CCPA, that the Company collects, the reason we collect your personal information, where we obtain the personal information, and the third parties that we share your personal information.

For information about the personal information we collect, please refer to the “Collection of Information” section. In relation to the personal information described, the Company collects such information for the business and commercial purposes described in the section “Use of Information”. The section “How We Share and Disclose Information” describes the categories of third parties with whom the Company shares such information.

We share information about you with our merchant partners, third parties or affiliates for providing rewards and benefits to you and for marketing purposes. As a result of certain instances of sharing, the Company may receive a benefit, which California law considers a “sale” of personal information.

PRIVACY RIGHTS

If you are a California resident, you have rights in relation to your personal information.

· You have the right to know the personal information we collect, use, disclose, and sell about you during the preceding 12 months. You may request access to your personal information twice in a 12 month period.

· You have the right to request in writing from us a copy of the:

o Categories of information we have collected about you

o The categories of sources from which we collected that information

o Why we collected that information about you

o The categories of third parties with whom we shared your personal information

o The categories of personal information that the business disclosed about you for a business purpose

o The specific pieces of personal information we have collected about you.

· You have the right to request that the Company delete any personal information we have collected from you or maintain about you, subject to certain exceptions.

How to exercise your CCPA rights. You may email us with your request and the subject titled “Privacy” at support@bitmo.com or call 1-866-866-1492. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes. We will confirm receipt of your request, and will provide a response to you within 45 days of your request, though in some exceptional cases it might take longer and if that is the case, we will let you know.

We will not discriminate against you if you exercise your right to know, delete, opt-out of sale, or other CCPA rights. Please note that to the extent you opt-out of Bitmo, some of the functionality and features available to you may change or no longer be available to you upon deletion of your personal information or opt-out of sale of your personal information.

We reserve the right to charge a fee where permitted by law, for instance, if your request is unfounded or excessive. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. In order to designate an authorized agent to make a request on your behalf, you must provide written proof that you have consented to this designation unless the agent has power of attorney pursuant to California Probate Code. You must also verify your identity directly with us by providing a copy of your government issued identification.

NEVADA PRIVACY RIGHTS

Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. If you decide to opt-out or have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us at support@bitmo.com.

INFORMATION SECURITY

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. We use safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

DATA RETENTION

We retain the information collected via our Services until you choose to close your account. After that time, we may aggregate the data and retain it for analytical purposes. We may also retain your information on backup media to comply with applicable law, to support financial audits, to resolve disputes, to maintain compliance efforts and for other legitimate business reasons.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is current as of the effective date set forth above. Company reserves the right to change this Privacy Policy from time to time consistent with applicable privacy laws and principles. If we make changes to this Privacy Policy, we will notify you by revising the date on this Privacy Policy. In some cases, we may provide you with additional notice through the Bitmo Mobile App, statement on the homepages of our Services,  or sending you an email notification.

CONTACT INFORMATION

If you have questions or comments about this Privacy Policy, you may email us at support@bitmo.com or by post to:

Bitmo, Inc.

701 Palomar Airport Road

Suite 160

Carlsbad, CA 92011  

United States