User Agreement General Terms & Conditions
This is a User Agreement between you (also referred to herein as “Client,” “User,” or “customer”) and Rhino Digital, Inc. (also referred to herein as “we,” “us,” or “Rhino”). This User Agreement (“Agreement” “General Terms”) governs your use of the services provided by Rhino described below (“Rhino Services” or “Services”). By signing up to use an account through the Rhino mobile application downloadable from Apple’s App Store and Google Play (the “Rhino App”), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including the Section “Arbitration; Waiver of Class Action,” as well as our Privacy Policy.
AS WITH ANY ASSET, THE VALUE OF CURRENCY AS WELL AS BITCOIN CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE MONEY BUYING, SELLING OR HOLDING SUCH ASSETS. YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING OR HOLDING BITCOIN AND ANY ASSETS IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. RHINO IS NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND DOES NOT OFFER SECURITIES SERVICES IN THE UNITED STATES OR TO U.S. PERSONS.
OBLIGATIONS AND WARRANTIES
1. You hereby declare, warrant and confirm that:
a. You meet the conditions under this Agreement;
b. You are the exclusive owner of the Digital Assets to be used in the Rhino Account; c. You validly undertake any action or enter into any transaction with regard to the Agreement;
d. The Digital Assets, which you have provided or will provide in the Rhino Account, are not derived from money laundering, terrorist financing, fraud, or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;
e. You have submitted to Rhino only complete, correct and up-to-date information and documents;
f. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Rhino shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of our service, for which Rhino shall not be held liable. You shall hold Rhino harmless from any expenses and losses, resulting from the above uncertainty;
g. You are aware that you use the Rhino Account and fully at your own risk.
2. You hereby undertake to:
a. Use the Rhino Wallet Services in good faith;
b. Not violate or breach any terms in these General Terms, the Privacy Policy, or any Applicable Law in any relevant jurisdiction;
c. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
d. Not provide false, inaccurate, incomplete, out-of-date or misleading information; e. Not interfere, intercept, or expropriate our network, system, data, or information; f. Not transmit or upload any virus or other malicious software or program, or try to gain
unauthorized access to other users' accounts, websites, networks or systems relating to the Rhino Wallet Services;
g. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe our Intellectual Property rights;
h. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products; or unduly burdening or hindering the operation and/or functionality of any aspect of the Rhino Account;
i. Keep the data required for using the Rhino Account unavailable for third parties; j. Inform Rhino about any change in the information and documents submitted to Rhino, in particular in your contact details, within 1 (one) day as of the change.
1. ACCOUNT SETUP
1.1 Eligibility. To be eligible to use Rhino Services, you must be at least 18 years old and reside in a jurisdiction where Rhino is licensed to operate. For a list of US States and/or Countries where Rhino is licensed to operate, please see Available Jurisdictions.
By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Rhino Wallet Services to you and close your Rhino Account and do not allow you to use the Rhino Wallet Services.
At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request for granting of a Rhino Account; (ii) change the conditions for entering into the Agreement or use of the Rhino Wallet; (iii) suspend the provision of the Rhino Account or of all or part of the other Rhino Wallet Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any features, component, content, incentive or referral plan of the Rhino Account.
1.2 Terms. We may amend or modify this Agreement at any time by posting the revised agreement on the Rhino website (User Agreement) (the “Rhino Website”) accessible through a link on the Rhino app and providing a notification on the Rhino App (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. You agree and understand that by accessing or using the Rhino App following the posting of the Revised Agreement, you are agreeing to
enter into the Revised Agreement with Rhino, and to be legally bound by its terms and conditions, including any of its changes. You should, therefore, read this Agreement from time to time. You agree and understand that we have the right to require your affirmative assent and continuing acceptance of this Agreement, from time to time, as a condition of logging into the Rhino App. If you do not agree to be legally bound by this Agreement and all of its terms and conditions (as amended from time to time), you should not access or use the Rhino App. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account.
1.3 Registration of Rhino Account. You must register for a Rhino account to use the Rhino Services (a “Rhino Account”). By using a Rhino Account you agree and represent that you will use Rhino only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from Rhino. You are limited to one Rhino Account per user and you are fully responsible for all activity that occurs under your account. We may, in our sole discretion, refuse to open a Rhino Account. Rhino can set transactional limits on your Rhino Account and may freeze, suspend or terminate your Rhino Account in its sole discretion. You agree that you will not allow any other person to access your Rhino Account.
1.4 Identity Verification. During registration for your Rhino Account, you agree to provide us and any third-party identity verification service provider used by Rhino with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes, pursuant to our Bank Secrecy Act (“BSA”) and Anti-Money Laundering (“AML”) Compliance Program (collectively, our “BSA/AML Program”) and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Rhino Services. Your access to one or more Rhino Services and the limits that apply to your use of the Rhino Services may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, social security or taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. In providing us with this or any other information that may be required by our BSA/AML Program, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Further, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, e-mail, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Rhino with your wireless operator account profile information for the duration of the business relationship. See our Privacy Policy for how we treat your data.
1.5 Access. To access Rhino Services, you must have the necessary equipment (such as a smartphone or tablet) and the associated telecommunication service subscriptions to access the Internet. The Rhino Services can be accessed directly using the Rhino App. Access to Rhino Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to exchange and send for periods of time and may also lead to support response time delays. Although we strive to provide you with excellent service, we do not represent that the Rhino App or other Rhino Services will be available without interruption or delays and we do not guarantee that any order will be executed, accepted, recorded, or remain open. Rhino shall not be liable for any losses resulting from or arising out of transaction interruptions or delays.
2. WALLETS.
2.1 Wallet Services. As part of your Rhino Account, Rhino will provide qualifying users access to: (a) a digital wallet(s) for holding Bitcoin BTC units (the “BTC Wallet”), and (b) a US Dollars digital wallet for holding USD (a “USD Wallet”).
2.2 BTC Wallet. Your BTC Wallet allows you to store, track, transfer, and manage your balances of Bitcoin displayed in BTC units. Your BTC Wallet is intended solely for the proper exchange and transfer of Bitcoin as designed on the Rhino App and cannot be used for any other purpose.
2.3 USD Wallet. Your USD Wallet allows you to store, track, transfer, and manage your balances of US currency displayed in USD units, each corresponding to 1 U.S. dollar. Your USD Wallet is intended solely for the proper exchange and transfer of US currency as designed on the Rhino App and cannot be used for any other purpose.
2.4 Acknowledgement of Risk. You acknowledge that Bitcoin is not a government-backed currency or a security and it is not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
2.5 USD Wallet. Your USD Wallet allows you to hold and transfer USD with your Rhino Account as described below. In general, we will combine the balance of your USD Wallet with other customers’ balances and hold those funds in a custodial account at a U.S. financial institution. Rhino owns the interest that may accrue on all funds held in such custodial accounts. Customer funds are held apart from Rhino’s corporate funds and Rhino will not use customer funds, other than the interest that may accrue on such funds, for its operating expenses or any other corporate purposes.
3. TRANSACTIONS.
3.1 USD Funds. You may load funds into your USD Wallet from a valid bank account via ACH or wire transfer. Funds will remain in a pending state and will not be credited to your USD Wallet until the transfer has cleared, typically within three (3) business days. We may initiate a debit from your linked bank account as soon as you authorize the payment. The name on your linked bank account must match the name verified on your Rhino Account. Rhino works with Cybrid Inc., a Delaware corporation with its principal office at 511 S. Orange Avenue, Unit #673, Newark, NJ 07103, USA (“Cybrid”), and its sponsor banks to verify End User information, hold End User funds, and provide U.S. dollar custodial services. By using our services, you authorize Rhino and Cybrid to act on your behalf to access and transmit your personal and financial information from relevant financial institutions. You further consent to the transfer, storage, and processing of your personal and financial information by Cybrid in accordance with the Cybrid Privacy Policy (available here).
3.2 Unauthorized and Incorrect Transactions. When a BTC or USD transaction occurs using your credentials, we will assume that you authorized such a transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible either by email at [email protected] or by phone at (888) 854-3824 (international call charges may apply). Your notice must reference the specific transaction being disputed and the reason for such dispute. It is important that you regularly check your USD Wallet and BTC Wallet balances and your transaction history to ensure you detect any unauthorized or incorrect transactions as soon as possible. We are not responsible for any claim for unauthorized or incorrect transactions unless you have notified us in accordance with this section. Once Rhino has been notified, it will review the disputed transaction and contact you for more information if necessary. Once Rhino has reviewed all the information received and investigated the disputed transaction, it will make a determination as to the appropriate action to be taken.
3.3 Consent to access, processing and storage of your personal data. You consent to us accessing, processing, retaining, and sharing with Rhino’s third party identity verification service providers, any personal information you provide to us for the purpose of us providing Rhino Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information for compliance and other lawful purposes. Please see our Privacy Policy for further information about how we process your personal data, and the rights you have in this respect.
3.4 Identity Verification Services Partners. Rhino partners with third-party providers, including Cybrid and Persona, to perform identity verification. Rhino may share and process the information you provide in connection with our BSA/AML Compliance Program, or as part of any Enhanced Due Diligence (as defined below), in order to verify your identity and ensure compliance with applicable regulatory requirements.
3.5 Reversals & Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful, if your payment method has insufficient funds, or if you
reverse a payment made from funds in your bank account, you authorize Rhino, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including your USD Wallet or BTC Wallet balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF), or similar fees charged by your payment provider. We reserve the right to refuse to process, or to cancel or reverse, any purchase or transfer of BTC in our sole discretion, even after funds have been debited from your account(s), if we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if we reasonably suspect that the transaction is erroneous; or if Rhino suspects the transaction relates to a prohibited use or a prohibited business as set forth in our Terms of Use. In such instances, Rhino will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.
3.6 Payment Services Partners. Rhino engages Cybrid as its primary payment services provider, and may also use other third-party payment processors and sponsor banks, to facilitate U.S. Dollar transactions between you and Rhino, including, without limitation, deposits to and withdrawals from your USD Wallet.
3.7 BTC Transfers. When you or another user of the Rhino App sends BTC to another user’s BTC Wallet or to your BTC Wallet, as the case may be, such transfers are executed at your, or such other user’s instruction by Rhino. The person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, properly entering the recipient's registered wallet address linked to their BTC Wallet. You should verify all transaction information prior to submitting instructions to Rhino. Rhino shall bear no liability or responsibility in the event you enter an incorrect address. The entering of an incorrect address may cause a BTC Transfer to remain in a pending state and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction. Any BTC erroneously transmitted to another user will be lost and Rhino shall have no responsibility for such transfers or for reversing any such transfers. We may refuse to process or cancel any pending BTC Transfers as required by law or any court or other authority to which Rhino is subject in any jurisdiction. Additionally, we may require you to wait a period of time determined by Rhino after completion of a transaction before you are permitted to use further Rhino Services and/or before you are permitted to engage in transactions beyond certain volume limits.
4. TRANSACTIONS WITH THIRD PARTIES
4.1 Third Party Merchants. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from a third party (including other users of Rhino Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using BTC transferred using the Rhino Services, or if you have a dispute with such a third party, you should resolve the problem or dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or
inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Rhino Support at [email protected] so that we may consider what action to take, if any.
4.2 Debts. In the event that there are outstanding amounts owed to us or our partners for whatever reasons, Rhino reserves the right to debit your Rhino Account accordingly and/or to withhold such amounts from funds you may transfer to your Rhino Account.
5. DATA PROTECTION AND SECURITY.
5.1 Personal Data. You acknowledge that we may process Customer information, which might include Personal Information (both defined below) in relation to you, in connection with this Agreement or the Rhino Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to yourself was or will be made in accordance with all applicable data protection and data privacy laws, and that data is accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy; and (iii) if from time to time we provide a replacement version of the Privacy Policy you will promptly read that notice.
“Customer Information” means all information processed or stored through the App by the Customer or on the Customer’s behalf. Customer Data includes, without limitation, information provided by Customer’s customers, employees, and other users and by other third parties, other information generated through the use of the System by or on Customer’s behalf, and copies of all such information rendered onto paper or other non-electronic media. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, could reasonably be used to infer information about, or could reasonably be linked, directly or indirectly, with an individual person or household. Personal Information also includes information that may be classified as “Personal Data” or “Personally Identifiable Information” in some jurisdictions.
5.2 Data Incident. If you suspect that your Rhino Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other Data Incident (as define below) affecting you and/or Rhino (together a “Security Breach”), you must notify Rhino Support as soon as possible by email at [email protected] or by calling us at (888) 854-3824 and continue to provide accurate and up-to-date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage, or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in determining the appropriate resolution of the matter.
A “Data Incident” is any (i) unauthorized disclosure of, access to, or use of Customer Data or (ii) violation of Privacy/Security Law through the Customer’s account. Data Incidents include, without limitation, such events caused by Customer, by Rhino, by Customer’s customers or other users, by hackers, and by any other third party.
5.3 Consumer Fraud Warning. Consumers are warned to be aware of fraud and potential scams. If you think you have been the victim of fraud, please contact us immediately by telephone at (888) 854-3824 to report fraud or suspected fraud. For more information on how to protect yourself from fraud, visit http://www.stopfraud.gov.
5.4 Erasure. Rhino may permanently erase Customer Data if Customer’s account is delinquent, suspended, or terminated for 30 days or more, without limiting any Rhino’s other rights or remedies.
6. GENERAL USE, PROHIBITED USE, DEATH OF ACCOUNT HOLDER AND TERMINATION.
6.1 Limited License. We grant you a limited, nonexclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Rhino Services, Rhino App, Rhino Website and related content, materials, information (collectively, the “Content”) solely for purposes approved by Rhino from time to time. Any other use of the Rhino App or Content is expressly prohibited and all other right, title, and interest in the Rhino Services, Rhino App, Rhino Website or Content is exclusively the property of Rhino and its licensors. You agree you will not: (a) modify, create derivative works from, distribute, publicly display, or publicly perform the Software; (b) copy, transmit, distribute, sell, license, sublicense, or any other right ranted in this section; (c) reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Software; or (d) use the app for service bureau or time sharing purposes or in any other way allow third parties to exploit the Software, including without limitation as software-as-a-service, or in any other way exploit any of the Content, in whole or in part without the prior written consent of Rhino. “Rhinobitcoin.com”, “Rhino”, “BTC”, and all logos related to the Rhino Services or displayed on the Rhino App or the Rhino Website are either trademarks or registered marks of Rhino or its licensors.
We grant this license under copyright and also, solely to the extent necessary to exercise such rights, under patent and any other applicable intellectual property rights. You may not copy, imitate or use them without Rhino’s prior written consent.
6.2 Website Accuracy. Although we intend to provide accurate and timely information on the Rhino Website, the Rhino Website (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Rhino Website are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for physical Bitcoin, is for informational purposes only and Rhino makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third party materials or on any third-party sites accessible or linked to the Rhino Website.
6.3 Promotions. From time to time, Rhino may make available special offers or conduct promotions for qualifying customers. Subject to applicable laws, Rhino may establish qualifying criteria to participate in any special promotion at its sole discretion. Rhino may revoke any special offer at any time without notice. Rhino shall have no obligation to make special offers available to all customers. Promotions are void where prohibited by law.
6.4 Third-Party Applications. You hereby agree that you will not grant or permit any other person or third party to access or connect to your Rhino Account, either through a third party’s product or service or through the Rhino App. You hereby acknowledge that granting permission to a third party to access your Rhino Account is a violation of this Agreement and you are fully responsible for all acts or omissions of any other party or third party with access to your Rhino Account. Further, you acknowledge and agree that you will not hold Rhino responsible for, and will indemnify Rhino from, any liability arising out of or related to any act or omission of any third party with access to your Rhino Account.
6.5 Prohibited Use and Business. In connection with your use of the Rhino Services, and your interactions with other users, and third parties you agree and represent you will not engage in any prohibited use or prohibited business as set forth in our Terms of Use. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Rhino Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a prohibited use or business.
6.6 Transaction Limits. The use of all Rhino Services is subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your Rhino Account(s) through the Rhino App. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. Rhino reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request to [email protected]. We may require you to submit additional information about yourself or your business, provide records, and speak with Rhino staff (such process, “Enhanced Due Diligence”). Rhino reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
6.7 Suspension, Termination, Cancellation, Modification. Rhino may, with or without notice: (a) suspend, restrict, or terminate your access to any or all of the Rhino Services, and/or (b) deactivate or cancel your Rhino Account if: (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you of using your Rhino Account in connection with any prohibited use or business as set forth in our Terms of Use; (iii) use of your Rhino Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) our service partners are
unable to support your use; (v) you take any action that Rhino deems as circumventing Rhino’s controls, including, but not limited to, opening multiple Rhino Accounts or abusing promotions which Rhino may offer from time to time; or (vi) you breach our Terms of Use.
If Rhino suspends or closes your account or terminates your use of Rhino Services for any reason, we may provide you with notice of our actions unless a court order or other regulatory or legal process prohibits Rhino from providing you with such notice. You acknowledge that Rhino’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Rhino’s risk management and security protocols. You agree that Rhino is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer funds or physical Bitcoin associated with your BTC Wallet and/or your USD Wallet for thirty (30) days after Account deactivation or cancellation unless such transfer is otherwise prohibited under (i) the BSA, AML laws or any other applicable laws, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your Rhino Account at any time by withdrawing all balances through and deleting the Rhino App. You will not be charged for canceling your Rhino Account, although you will be required to pay any outstanding amounts owed to Rhino. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
Rhino reserves the right to modify or discontinue, temporarily or permanently, all or any part of its Services or any software, facilities, and services on its Services, with or without notice, or to establish general guidelines and limitations on their use.
6.8 Death of Account Holder. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Rhino Account and during this time, no transactions may be completed until: (i) your designated fiduciary has opened a new Rhino Account, as further described below, and the entirety of your Rhino Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the fiduciary you have designated in a valid Will or similar testamentary document will be required to open a new Rhino Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your Rhino Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a Will, a living trust or a Small Estate Affidavit, or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such an issue from a court of competent jurisdiction before taking any action relating to your Rhino Account. Pursuant to the above, the opening of a new Rhino Account by a designated fiduciary is mandatory following the death of a Rhino Account owner, and you hereby agree that your fiduciary will be required to open a new Rhino Account and provide the information required under Section 1 of this Agreement in order to gain access to the contents of your Rhino Account.
6.9 Unclaimed Property. If Rhino is holding funds (whether fiat currency or physical Bitcoin) in your account, and Rhino is unable to contact you and has no record of your use of the Services for several years, applicable law may require Rhino to report these funds (including fiat currency or physical Bitcoin) as unclaimed property to the applicable jurisdiction. If this occurs, Rhino will try to locate you at the address shown in our records, but if Rhino is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property.
6.10 Relationship of the Parties. Rhino is an independent contractor for all purposes. With exception of when Rhino acts as an agent for the user in the purchase, sale or custody of the Bitcoin, nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Rhino to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Rhino to be treated as the agent of the other.
6.11 Privacy of Others; Marketing. If you receive information about another user through the Rhino Services, you must keep the information confidential and only use it in connection with the Rhino Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited e-mail to a user through the Rhino Services.
6.12 Password Security; Contact Information. You are responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), or any other codes that you use to access the Rhino Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Rhino Account by third-parties and the loss or theft of any BTC and/or funds held in your Rhino Account and any associated accounts, including your linked bank account and credit card. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your mobile device or tablet with someone else when you are logged on to your Rhino Account. Rhino will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Rhino and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Rhino Account information has been compromised, contact Rhino Support immediately at [email protected], or report your claim by phone at (888) 854-3824.
6.13 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Rhino Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Rhino Account(s).
7. COMPLIANCE WITH BSA, AML AND OTHER LAWS.
7.1 BSA/AML Compliance. Our BSA/AML Program is guided by the BSA, specifically, the AML and Counter Terrorist Financing (“CTF”) provisions, as mandated by U.S. federal law, the USA Patriot Act, and all other rules and regulations regarding AML and CTF. These standards are designed to prevent the use of the Rhino Services for money laundering or terrorist financing activities. We take compliance very seriously and it is our policy to take all the necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and any related acts that facilitate money laundering, terrorist financing, or any other financial crimes.
7.2 Background Checks. In furtherance of our BSA/AML Program, we reserve the right to require you to provide us with additional information and/or require you to undergo a background check prior to being authorized to use the Rhino App, or at any point thereafter, in accordance with applicable laws and regulations.
7.3 Source of Funds. You agree, represent, and warrant that all funds in your Rhino Account, or funds exchanged or to be exchanged by you in the future on the Rhino App, are not the direct or indirect proceeds of any criminal or fraudulent activity. You are not allowed to receive funds in your Rhino Account from a sender other than yourself. Any funds you receive from a sender other than yourself will be considered unauthorized. We reserve the right to investigate the source of any funds in your account and determine, in our sole discretion, how to handle their disposition. Following our review of any funds in question and the circumstances by which you received them, we may determine that you are not the owner of such funds. If such a determination is made, we reserve the right to dispose of these funds in accordance with applicable laws and regulations and in our sole discretion, which may include, returning them to the destination of their origin.
7.4 Sanctions Program. Pursuant to the economic sanctions programs administered in the countries where we conduct business, including, but not limited to, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), we are prohibited from providing services or entering into relationships with certain individuals and institutions. In the event that we are required to block funds associated with your Rhino Account in accordance with a sanctions program, or other similar government sanctions programs, we may: (i) suspend your Rhino Account and freeze all assets; (ii) terminate your Rhino Account; (iii) return funds to the destination of their origin or to an account specified by authorities; or (iv) require you withdraw funds from your Rhino Account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law and regulations, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
8. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION.
8.1 Contact Rhino. If you have feedback, or general questions, contact our Customer Support via email at [email protected]. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Rhino Account, and the transaction on which you have feedback or questions.
If you believe your account has been compromised, you may also report your claim by emailing [email protected], or calling (888) 854-3824. Rhino requires that all legal documents (including civil subpoenas, complaints, and small claims) be served on our registered agent for service of process. Current contact information for our registered agent in each state can be found here.
Please note that our registered agent will accept service only if the entity identified as the recipient of the document is identical to the entity registered with the Secretary of State and for which our registered agent is authorized to accept service. By accepting service of a legal document, Rhino does not waive any objections we may have and may raise in response to such document.
8.2 Formal Complaint Process. If you have a dispute with Rhino (a “Complaint”), you agree to contact Rhino through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Rhino support team, you and we agree to use the Formal Complaint Process set forth below. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps.
8.2.1 Procedural Steps. In the event that your dispute with Rhino is not resolved through your contact with Rhino Support, you agree to use our Complaint form to describe your Complaint, how you would like us to resolve the Complaint, and any other information related to your dispute that you believe to be relevant. The Complaint form can be found here, on the Rhino support pages, or can be requested from Rhino Customer Support.
8.2.2 Rhino Response. We will acknowledge receipt of your Complaint form after you submit it. A Rhino customer relations agent (“Agent”) will review your Complaint. The Agent will evaluate your Complaint based on the information you have provided and information in the possession of Rhino. Within 15 business days of our receipt of your Complaint form, the Agent will address the issues raised in your Complaint form by sending you an email (“Resolution Notice”) in which the Agent will: (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your Complaint and set out the reasons for the rejection; or (iii) offer to resolve your Complaint with an alternative solution. In exceptional circumstances, if the Agent is unable to respond to your Complaint within 15 business days for reasons beyond Rhino’s control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 30 business days from our receipt of your Complaint form.
8.3 ARBITRATION; WAIVER OF CLASS ACTION.
EXCEPT AS EXPRESSLY PROVIDED BELOW, I AGREE ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATED TO (A) MY ACCOUNT, THIS AGREEMENT (INCLUDING ANY DISPUTE OVER THE
VALIDITY, ENFORCEABILITY, ARBITRABILITY OR SCOPE OF THIS ARBITRATION AGREEMENT), OR THE DISCLOSURE STATEMENT, OR (B) ANY RELATIONSHIP RESULTING FROM ANY ACTIVITIES IN CONNECTION WITH MY ACCOUNT, OR (C) THE DISCLOSURES PROVIDED OR REQUIRED TO BE PROVIDED IN CONNECTION WITH MY ACCOUNT, OR (D) ANY OTHER AGREEMENT RELATED TO MY ACCOUNT OR ANY SUCH SERVICE, OR (F) BREACH OF THIS AGREEMENT OR ANY OTHER SUCH AGREEMENT, WHETHER BASED ON STATUTE, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, ANY “CLAIM”) WILL BE, AT MY OR RHINO’S ELECTION, SUBMITTED TO AND RESOLVED ON AN INDIVIDUAL BASIS BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1 ET SEQ. (THE “FAA”) BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”) UNDER ITS CONSUMER ARBITRATION RULES IN EFFECT AT THE TIME THE ARBITRATION IS BROUGHT, OR BEFORE ANY OTHER PARTY THAT RHINO AND I AGREE TO IN WRITING, PROVIDED THAT SUCH PARTY MUST NOT HAVE IN PLACE A FORMAL OR INFORMAL POLICY THAT IS INCONSISTENT WITH OR PURPORTS TO OVERRIDE THE TERMS OF THIS ARBITRATION AGREEMENT. THE AAA RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG. IF THE AAA CANNOT SERVE AS ADMINISTRATOR AND WE CANNOT AGREE ON A REPLACEMENT, A COURT WITH JURISDICTION WILL SELECT THE ADMINISTRATOR OR ARBITRATOR. FOR PURPOSES OF THIS SECTION, THE TERM “RHINO” INCLUDES RHINO, ANY OTHER SUBSEQUENT HOLDER OF MY ACCOUNT, AND ALL OF RHINO’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AND PARENTS. THESE TERMS ALSO INCLUDE ANY PARTY NAMED AS A CODEFENDANT WITH RHINO IN A CLAIM ASSERTED BY ME, SUCH AS ACCOUNT SERVICERS OR DEBT COLLECTORS. “CLAIM” HAS THE BROADEST POSSIBLE MEANING, AND INCLUDES INITIAL CLAIMS, COUNTERCLAIMS, CROSSCLAIMS AND THIRD- PARTY CLAIMS. IT INCLUDES DISPUTES BASED UPON CONTRACT, TORT, CONSUMER RIGHTS, FRAUD AND OTHER INTENTIONAL TORTS, CONSTITUTION, STATUTE, REGULATION, ORDINANCE, COMMON LAW AND EQUITY (INCLUDING CLAIMS FOR INJUNCTIVE OR DECLARATORY RELIEF). HOWEVER, “CLAIM” DOES NOT INCLUDE ANY INDIVIDUAL ACTION BROUGHT BY ME IN SMALL CLAIMS COURT OR MY STATE’S EQUIVALENT COURT, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT.
IMPORTANT DISCLOSURE AND JURY TRIAL WAIVER: IF EITHER RHINO OR I CHOOSE ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, OR OTHERWISE TO LITIGATE THE DISPUTE OR CLAIM IN ANY COURT (OTHER THAN IN AN ACTION TO ENFORCE THIS ARBITRATION AGREEMENT OR THE ARBITRATOR’S AWARD). FURTHER, I WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING EXCEPT FOR ANY APPEAL RIGHT UNDER THE FAA. OTHER RIGHTS THAT RHINO OR I WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
CLASS ACTION WAIVER: IF EITHER RHINO OR I ELECT TO ARBITRATE A CLAIM, NEITHER RHINO NOR I WILL HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. Further, unless both Rhino and I agree otherwise in writing, the arbitrator may not join or consolidate Claims with claims of any other persons. No arbitrator will have authority to conduct any arbitration in violation of this provision. If a determination is made in a proceeding involving Rhino and me that this Class Action Waiver is invalid or unenforceable, only this sentence of this Arbitration Agreement will remain in force and the remainder of this Arbitration Agreement will be null and void, provided that the determination concerning the Class Action Waiver will be subject to appeal.
PROCEDURES: If I reside in the United States, any arbitration hearing will take place within the federal judicial district in which I reside. If I reside outside the United States, I agree that any arbitration hearing will take place in Miami, Florida. If permitted by and in accordance with the AAA Rules, arbitration may also take place virtually or telephonically. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law or this Agreement gives a right to recover any of those fees from the other party. If my Claim is for $10,000 or less, Rhino agrees that I may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If my Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. All fees and expenses of the arbitrator and administrative fees and expenses of the arbitration will be paid by the parties as provided by the AAA Rules governing the proceeding, or by specific ruling by the arbitrator or by agreement of the parties. The arbitrator will have the authority to award in favor of the individual party seeking relief from all remedies permitted by applicable substantive law, including compensatory, statutory and punitive damages (subject to constitutional limits that would apply in court), and attorneys’ fees and costs. In addition, the arbitrator may award declaratory or injunctive relief but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted in that party’s individual Claim. Upon the timely request of either party, the arbitrator will write a brief explanation of the basis of his or her award. Any court with jurisdiction may enter judgment upon the arbitrator’s award. If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrator’s fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure.
GOVERNING LAW: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the FAA, and not by any state law concerning arbitration. If I have a question about the AAA, I can contact them as follows: American Arbitration Association, 1633 Broadway 10th Floor, New York, N.Y. 10019, 212-716-5800, www.adr.org.
SURVIVAL, SEVERABILITY: This Arbitration Agreement will survive my account, Rhino’s sale or transfer of my account, any bankruptcy or insolvency, any forbearance or modification granted pursuant to this Agreement, any cancellation or request for cancellation of this Agreement or any disbursements under this Agreement. Except as set forth in the Class Action Waiver above, if any part or parts of this Arbitration Agreement are found to be invalid or unenforceable by a decision of a tribunal of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed, but the remainder of this Arbitration Agreement will continue in full force and effect.
9. GENERAL PROVISIONS.
9.1 Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your mobile device, computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services
are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Rhino. Always log into your Rhino Account(s) through the Rhino App to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
9.2 Risk Disclosure. The regulatory status of the Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to the Digital Assets or blockchain technology, may be implemented, which would directly or indirectly affect or restrict any of the Rhino Wallet Services. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY RHINO SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE RHINO SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
We may be forced to suspend or discontinue or to change aspects of Rhino Services in any jurisdictions if demanded by the regulators or Applicable Law, without notice and for whatever reason. In such case the Digital Assets in your Rhino Account may be frozen for an indefinite period of time until the matter is resolved.
Rhino shall not be liable for any delay, error, interruption or failure to perform any obligation under these General Terms, where the delay or failure is directly or indirectly resulting from any cause beyond our control, including but not limited to: (i) acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third-party services; (v) strikes, lockouts, labor disputes, wars, terrorist acts and riots.
You understand and agree that you use the Rhino Account at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Rhino Wallet Services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
9.3 LIMITATION OF LIABILITY. IN NO EVENT SHALL RHINO, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE DEPOSIT IN YOUR RHINO ACCOUNT(S) OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE RHINO APP OR THE RHINO SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RHINO HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF RHINO’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS
MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT RHINO FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE BTC AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE BTC AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
RHINO’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF THE FEES PAYABLE TO RHINO PURSUANT TO THIS AGREEMENT FOR PRODUCTS AND SERVICES PROVIDED DURING THE YEAR BEFORE THE LAST EVENT GIVING RISE TO THE LIABILITY; THE LIMIT OF LIABILITY IN THE PRECEDING SENTENCE IS CUMULATIVE AND NOT PER-INCIDENT.
9.4 NO WARRANTY, NO REPRESENTATION. THE RHINO SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Rhino SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. RHINO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE RHINO APP, ANY PART OF THE RHINO SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. RHINO DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE RHINO SERVICES AND RHINO APP. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT RHINO WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF BITCOIN PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, OR (C) INTERRUPTION IN ANY SUCH DATA.
THE RHINO APP IS ONLY AVAILABLE FOR SUPPORTED DEVICES AND MIGHT NOT WORK ON EVERY DEVICE. DETERMINING WHETHER YOUR DEVICE IS A SUPPORTED AND COMPATIBLE DEVICE FOR USE OF THE RHINO APP IS SOLELY YOUR RESPONSIBILITY, AND DOWNLOADING THE RHINO APP IS DOWN TO YOUR OWN RISK.
Rhino makes no representations about the accuracy, order, timeliness or completeness of historical Bitcoin price data available on the Rhino App or the Rhino Website. Rhino will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Rhino makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
9.5 Indemnification. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, licensors, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys‘ fees and expenses, made by any third party due to or arising out of (1) use of the Service; (2) breach of this Agreement; (3) any breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification. Violations of your obligations in this Agreement.
9.6 Entire Agreement. This Agreement, the Privacy Policy, the Terms of Use, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and Rhino as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Rhino. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision.
9.7 Amendments. We may amend or modify this Agreement by posting on the Rhino Website and providing a notification on the Rhino App or e-mailing you the Revised Agreement, and the Revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Rhino Services or suspension or termination of your access to the Rhino Services, except to the extent otherwise expressly set forth herein. If the Revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or e-mail before the material change becomes effective.
9.8 Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation, to any Rhino affiliates or subsidiaries or to any successor in the interest of any business associated with Rhino Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.
9.9 Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
9.10 Change of Control. In the event that Rhino is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
9.11 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Rhino Account cancellation, debts owed to Rhino, general use of the Rhino App, disputes with Rhino, and general provisions, shall survive the termination or expiration of this Agreement.
9.12 Governing Law. You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Rhino, except to the extent governed by federal law.
9.13 Submission to Jurisdiction. Subject to Section above, you and we irrevocably and unconditionally (i) agree that any suit, action, or other legal proceeding arising out of or relating to this Agreement shall be brought in a federal or state court located in Miami-Dade County, Florida; (ii) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (iii) waive any objection which you may have to the laying of venue of any such suit, action, or proceeding in any of such courts.
9.14 WAIVER OF JURY TRIAL. YOU AND WE ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU AND WE IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT EITHER OF US MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.
9.15 Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
9.16 Non-Waiver of Rights. This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
APPENDIX 1: VERIFICATION PROCEDURES AND LIMITS
As a regulated Money Service Business registered with the Financial Crimes Enforcement Network (FinCEN) operating in the United States, we are required to identify users on our platform to ensure we are in compliance with the BSA and AML laws in the jurisdictions in which we operate. Rhino and its partners/sponsors collect and verify information about you in order to: (a) protect Rhino and the community from fraudulent users, and (b) to keep appropriate records of Rhino’s customers. Your daily or weekly BTC exchange limits, your USD deposit and withdrawal limits and BTC Wallet and USD Wallet transfer limits are based on the identifying information and/or proof of identity you provide to Rhino.
All U.S. customers who wish to use Rhino Services are required to establish a Rhino Account by:
● Providing your name and valid e-mail address, a password and your state of residence; ● Certifying that you are 18 years or older;
● Accepting the User Agreement, Privacy Policy, Terms of Use and Copyright Policy; and ● Verifying your identity by submitting the following information:
● Name;
● Date of birth;
● Physical address; and
● Government issued ID.
Notwithstanding these minimum verification procedures for the referenced Rhino Services, Rhino may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Rhino Services and/or before permitting you to engage in transactions beyond certain volume limits.
You may contact us at [email protected] to request larger limits. Rhino will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Rhino does not guarantee that we will raise your limits.
APPENDIX 2: E-SIGN DISCLOSURE AND CONSENT
This policy describes how Rhino delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website. Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Rhino Account(s) and your use of Rhino Services. Communications include:
● Terms of use and policies you agree to (e.g., the Rhino User Agreement and Privacy Policy), including updates to these agreements or policies;
● Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
● Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
● Responses to claims or customer support inquiries filed in connection with your Rhino Account.
We will provide these Communications to you by posting them on the Rhino website, emailing them to you at the primary email address listed in your Rhino profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification on any devices for which you have provided Rhino with a telephone number or other contact information.
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at [email protected]. If you fail to provide or withdraw your consent to receive Communications electronically, Rhino reserves the right to close your Account and return your assets immediately. Rhino does not provide paper copies.
Updating your Information
It is your responsibility to provide us with a true, accurate, and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if Rhino sends you an electronic Communication, but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Rhino will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at [email protected].
APPENDIX 3: STATE LICENSE DISCLOSURES
Rhino either holds the licenses required to conduct its activities directly, or operates pursuant to an applicable exemption or through relationships with sponsor financial institutions. The availability and scope of Rhino Services may vary depending on the state in which you reside. Your state of residence may affect our ability to provide certain services to you, and by using Rhino Services, you acknowledge and agree that such services are offered in compliance with applicable state laws and regulatory requirements.