User Agreement Terms



BitRail™ User Agreement

 

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW: (1) THIS BITRAIL USER AGREEMENT (THIS “AGREEMENT”) GOVERNS YOUR ACCESS TO AND USE OF THE BITRAIL WEBSITE www.bitrail.io (THE “SITE”) AND THE SERVICES PROVIDED ON SUCH SITE (THE “SERVICES”), TOGETHER WITH ALL THE INFORMATION AND CONTENT AVAILABLE THROUGH THE SITE AND SERVICES.  BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING OR OTHERWISE INDICATING YOUR ACCEPTANCE ONLINE, BY EXECUTING A SERVICES AGREEMENT REFERENCING THIS AGREEMENT, OR BY USING THE SITE OR SERVICES, YOU AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH IN THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE SITE OR SERVICES.

 

  1. SCOPE OF AGREEMENT; PRIVACY POLICY; ELECTRONIC COMMUNICATIONS TO YOU

 

This Agreement has been provided by BitRail, LLC (“BitRail” or “we/us”) to govern your use of the Site and Services, as well as all content available through the Site, including but not limited to, text, graphics, data, images, software and other material presented or otherwise displayed through the Site (collectively known as “Content”) and (c) any information and data (collectively, “Information”) available through the Site.  Where you have entered into a separate agreement with respect to the Content or Information, such agreement shall be deemed to prevail in the case of any conflict between this Agreement and such agreement. Terms and conditions for opening and using BitRail Accounts are further detailed in the BitRail Account Terms, hereby incorporated by reference into this Agreement.  As used in this Agreement, “you” refers to the individual who accepted This Agreement in any method described above, but we may rely upon, and you are entirely responsible for, any actions taken by persons using your log-in credentials.

 

Use of the Site and Services is also governed by BitRail’s Privacy Policy, which is incorporated into this Agreement by reference.

 

You hereby agree to BitRail’s use of electronic communications for all purposes of notice to you under this Agreement and the Privacy Policy and with respect to the Services and Site.  You agree to keep your email address on file under your account current.

 

  1. SITE AND SERVICES FOR USE BY U.S. RESIDENT INDIVIDUALS OVER 18 YEARS OF AGE ONLY

 

The Site and Services are hosted on servers located in the United States and are intended only for individuals resident in the United States or one of its territories who are over the age of 18.  If you are not resident in the United States (or one of its territories) or under the age of 18, please do not use the Site or Services. If you are not a U.S. resident (or resident of one of its territories) or under the age of 18, BitRail hereby rejects any registration for an account that you submit (though this Agreement shall govern any dispute between you and us, to the maximum extent permitted by law).

 

At this time, BitRail does not support corporate accounts.  The identity of all applicants for an account is verified on an individual basis only, and you must supply an individual name and address of residence in order to obtain an account.  Please see the BitRail Account Terms for a description of how you may associate the name of a corporation or other business with your individual BitRail Account.

 

  1. BITRAIL ACCOUNTS – IDENTITY VERIFICATION, ACCOUNT OPENING, SUSPENSION AND TERMINATION

 

  1. Identity Verification

 

You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to BitRail and service providers for the duration of the business relationship, solely for identity verification and fraud avoidance. See our Privacy Policy for how we treat your data.

 

  1. Opening and Funding Accounts

 

The BitRail Account Terms describe how you may open, fund and begin using your BitRail Account.  

 

You acknowledged and agree that even if your identity is successfully verified, depending on the actions and speed of the financial institutions and/or coin providers you link to your account, it may take up to nine (9) business days from the date you first register to the first date you may use your account to purchase items on third party websites.  BitRail is not responsible for any such delays.

 

  1. Suspension and Termination

 

Subject to your rights to obtain amounts belonging to you held on deposit in a BitRail Account under the in BitRail Account Terms (or other non-waivable rights you may have under applicable law), BitRail reserves the right in its discretion to:  (i) reject any registration for an account by any person; (ii) suspend the right of any user or accountholder to access and/or use the Site and Services, with or without notice and for any length of time; or (iii) terminate the account of any user or accountholder upon notice to you.  While BitRail need not provide you with a reason for such actions, these actions may be taken in particular if BitRail’s anti-fraud or legal compliance programs flag you or your account or if you violate This Agreement. If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users and third parties of your actions.  

 

Should you object to any of the terms of This Agreement or any subsequent modifications thereto or become dissatisfied with the Site and Services in any way, your only recourse is to immediately: (i) discontinue use of the Site and Services; (ii) terminate your account; and (iii) notify us of termination.  You may terminate your agreement with us under This Agreement and your account with us only if you do not have active transactions on the Site and if your account is paid in full. At any such time, you may terminate your agreement with us under This Agreement and your account by notifying us in accordance with the “Notices” section below.  

 

In addition, your account may be deemed inactive and/or closed if there is no activity on your account for a period of (1) year, and Fees may apply.  In the event your account is closed or terminated, it will be marked inactive in our systems, but we cannot delete your user information or transaction history except where required by law to do so.  We will also make reasonable efforts to return any balance in your account to your bank account, as further described in the BitRail Account Terms.

 

  1. 4. MODIFICATIONS TO AGREEMENT

 

We may revise and update this Agreement at any time. To the fullest extent possible under applicable law, your continued usage of the Site or Services after such modifications shall be deemed to signify your agreement to the modified Agreement. We may terminate, update, alter or supplement any Content or Information available through the Site at any time. In the event of any material modification to this Agreement (to the extent you are not being asked to agree to the revised Agreement as part of your use of the Site), we will post the modified Agreement on the Site and provide notice to you as required by applicable law.

 

  1. FEES, HOLDS AND LIMITS; OVERDUE ACCOUNTS AND TAXES

 

  1. Fees, Holds and Limits

 

You agree to pay the applicable fees for using the Site and Services, and you understand that ALL FEES PAID TO US ARE NON-REFUNDABLE.  A list of the applicable fees, as well as the holds and limits applicable to BitRail accounts, is on our Fees page, which is incorporated in its entirety into this Agreement.

Fees:
Buy using BitRail: Free
Sell using BitRail: 1.9% of transaction
Transferring USD from your linked bank account to BitRail account: Free
Exchange between USD and supported cryptocurrencies: Free
Sending money to friends and family in the US: Free

Maximum Transfer Amounts:
Maximum value allowed per transaction: $5,000
Maximum ACH transfer allowed per transaction: $5,000
Maximum ACH transfer allowed per day: $9,500
  

 

  1. Overdue Accounts and Offsets.

 

By opening an account, you hereby authorize us to charge your account for any fees you accrue as a result of using the Site and Services.  You authorize us to consolidate balances from any duplicate accounts you may have created on our Site. You may revoke your authorization by sending us a written request at the Notices address provided below.    

 

If your BitRail balance becomes negative for any reason, that negative BitRail balance represents an amount that you owe to BitRail and use of your account will be suspended until you pay the balance to us. BitRail may deduct these amounts from funds that are added to your BitRail account later, either by you or from payments you receive. If you have more than one BitRail account, we may set off a negative BitRail balance in one BitRail account against a BitRail balance in your other BitRail account(s). If you continue using your BitRail account when it has a negative balance, you authorize BitRail to combine the negative balance with any debit or transaction sent from your account when that combination is disclosed to you in advance of initiating the debit or transaction.

 

As security for the performance of your obligations under this Agreement, you grant us a security interest in and to, your BitRail balance.

 

  1. Taxes.  

 

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction.  It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority.  We are not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.

 

  1. LICENSE AND OWNERSHIP

 

Unless identified with a third party’s name, any and all intellectual property rights, including the BitRail tradenames and logos, the copyrights in the Site and software underlying the Services, any patent rights and trade secrets pertaining to the same (collectively, “Intellectual Property”) associated with the Site, Services, and Content shall be the sole property of BitRail, its affiliates or licensor third parties. Subject to the BitRail Privacy Policy, the Information and any database rights pertaining thereto shall also be the sole property of BitRail.  BitRail hereby grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to (a) access and use the Site, Services, Content and Information only in the manner prescribed herein, and (b) access and use the Site and Services only in the manner expressly permitted by us. Except for this limited license, you have no right or interest in the Site, Services, Content or any related Intellectual Property due to your permitted access to the Site. Except to the extent required by law or as expressly provided for in this Agreement, none of the Site, Services, Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without our prior written consent.

 

  1. RESTRICTIONS ON THE USE OF THE SITE

 

In addition to the other restrictions set out in this Agreement, you agree that you shall not:

 

  1. Register for an account under any name but your own legal name, or otherwise provide false or misleading information during the registration process, in interactions with BitRail representatives or otherwise via the Site;
  2. Register for or use the Site or Services if you are not resident in the United States or one of its territories;
  3. Register for or use the Site if you are under the age of 18;
  4. Register for or use the Site or Services if you are on the Excluded Parties List System, the Specially Designated Nationals List, or the  Denied Persons List, or any other lists maintained by the U.S. federal government which prohibits or restricts participating in commercial or other transactions, nor  access the Site on behalf of a party who is on any such lists;
  5. Input or upload via the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site, Services, Content or Information or that infringes the Intellectual Property rights of another person; or
  6. Use or access the Site, Services, Content or Information in any way that may adversely affect their performance or function, or interferes with the ability of authorized parties to access them.

 

  1. THIRD PARTY LINKS

 

(a) Outbound Links. The Site contains links to third-party websites such as those of financial institutions and issuers and processors of cryptocurrencies, as well as other third party sites (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by us of the owners of or the content on such Linked Sites. We make no representations or warranties regarding the correctness, accuracy, speed, performance or quality of any content, software, service or application found at any Linked Site. If you access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use thereof, including but not limited to, the Linked Site’s privacy policy.

(b) Inbound Links. Linking to any page other than to http://www.bitrail.io through a plain text link shall be strictly prohibited in the absence of a separate linking agreement with us. Any website or other device linking to http://www.bitrail.io or any page available therein is prohibited from (i) replicating Content or Information, (ii) using a browser or border environment around the Content or Information, (iii) implying in any fashion that BitRail or any of its affiliates are endorsing it or its products, (iv) misrepresentation in any statement of fact, including its relationship with BitRail or any of its affiliates, (v) presenting false information about the products or services of BitRail or its affiliates, and (vi) using any logo or mark of BitRail or any of its affiliates without our express written permission.

 

  1. AUTHORIZATION OF IDENTITY VERIFICATION

 

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity.  This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number, your physical address and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources.  We may also ask to see your driver’s license or other identifying documents at any time.  If you use certain BitRail services, federal law requires that BitRail verify the required identifying information.  We reserve the right to close, suspend, or limit access to your BitRail account and/or the Services in the event we are unable to obtain or verify this information.

 

  1. DISPUTES WITH THIRD PARTIES; RELEASE

 

You acknowledge and agree that you will be using the Site and Services to facilitate your payment or receipt of payment for goods and services not sold by BitRail or its affiliates, or your purchase and sale of cryptocurrencies not sold by BitRail or its affiliates (any such seller, buyer or issuer, a “Third Party”).  In each such case, we are not your agent or an agent of any Third Party, nor do we have any duty towards you other than as independent contractors under this Agreement.  Because we are not and cannot be involved in dealings between you and Third Parties with respect to any matter other than our Services, in the event that you have a dispute with a Third Party including another user (whether a buyer or seller) other than with respect to our Services, you hereby release us, our affiliates, and our respective directors, officers, employees and agents from and against any and all claims, demands and damages (actual, special, incidental and consequential, and including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

  1. DISCLAIMER OF WARRANTIES

 

THE SITE, THE SERVICES, THE CONTENT AND THE INFORMATION ARE PROVIDED ON AN “AS IS” BASIS. BITRAIL, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES AND AGENTS (“BITRAIL PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE BITRAIL PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE, SERVICES OR THE CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE SITE OR SERVICES. NO INFORMATION OBTAINED BY YOU VIA THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US IN THIS AGREEMENT.

 

SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. YOUR STATUTORY RIGHTS AS A CONSUMER POTENTIALLY CANNOT BE WAIVED AND MAY NOT BE AFFECTED BY THESE PROVISIONS. YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE.

 

  1. LIMITATION OF LIABILITY

 

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE BITRAIL PARTIES OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY OF THE BITRAIL PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED US$100.00 (ONE HUNDRED UNITED STATES DOLLARS). TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU UNDER THIS AGREEMENT SHALL BE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU AGAINST US RELATING TO THE SITE, SERVICES, CONTENT OR INFORMATION NOT ASSERTED WITHIN ONE (1) YEAR OF THE EVENT FIRST GIVING RISE TO THE CLAIM IS HEREBY WAIVED BY YOU.

 

  1.   INDEMNIFICATION

 

You hereby agree to indemnify, defend and hold the BitRail Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a BitRail Party in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by another person using your log-in:  (i) any breach or violation of this Agreement, (ii) any use of the Site or Services, (iii) a dispute with a Third Party or another user (other than to the extent arising out of our Services), or (iv) any violation of any applicable law or regulation governing your activities on or off of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

 

  1. JURISDICTION

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT AND INFORMATION, OR THIS AGREEMENT, SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE VENUE OF OR TO THE JURISDICTION OVER ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, CONTENT AND/OR INFORMATION SHALL BE LODGED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION SHALL HAVE ARISEN.

 

In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, BitRail shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.

 

  1. GOVERNING LAW AND LANGUAGE

 

  1. To the fullest extent permitted by law, this Agreement shall be governed by the internal substantive laws of the State of Georgia, U.S.A. excluding (i) Georgia’s conflicts of laws’ principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna 11 April 1980.
  2. To the fullest extent, permitted by law, the controlling language for this Agreement and all correspondence and communications between You and BitRail under this Agreement shall be American English. Any translation has been provided for your convenience.
  3. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

 

  1. NO CLASS ACTIONS

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,  YOU AND WE AGREE THAT (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (B) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS  AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (C) UNLESS BOTH YOU AND WE AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND (D)  ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS, AND VICE VERSA.

 

  1. NOTICES

 

Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at http://www.bitrail.io/Support/ or by mail to BitRail, LLC, 800 Battery Avenue SE, Suite 3090, Atlanta, Georgia  30339, or, in the case notices we send to you, to the email address listed in your in your account.  Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.

 

  1. ELECTRONIC EXECUTION AND COMMUNICATION

 

Your electronic acceptance of this Agreement on the web site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed an agreement containing the terms of this Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.

 

  1. GENERAL

 

If any provision of this Agreement shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to act with respect to a breach of any of your obligations under these terms does not waive our right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon the parties hereto, and their successors and assigns. This Agreement may not be assigned by you without the prior written consent of BitRail. BitRail may freely assign any or all of its rights and/or obligations, in whole or in part, under this Agreement. Nothing in this Agreement, whether express or implied, shall confer upon any person or entity other than the parties hereto, and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement, except that the BitRail Parties are the sole intended third party beneficiaries of this Agreement.

 

  1. COMPLETE AGREEMENT

 

Except as expressly provided in a separate written agreement between you and BitRail or another of its affiliates, this Agreement constitutes the entire agreement between you and BitRail (or such affiliate) with respect to the use of the Site, Services, Content and Information contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

 

©2019 BitRail, LLC

Last updated:  January 15th, 2019

 

 

 

BitRail Account Terms and Conditions

 

General

 

These terms apply to the opening and use of your BitRail Account.  Your BitRail Account will allow you to:

 

  • Transfer U.S. dollars to your BitRail Account using ACH transactions tied to your Bank Account;
  • Purchase Coins using balances in your BitRail Account; and
  • Perform person to person transfers of U.S. dollars or Coins using ACH transactions tied to your BitRail account.

 

  1. Defined Terms

 

As used herein:

 

ACH” means an electronic transfer transaction via the automated clearinghouse system used among U.S. banks.

 

Authorized User” means an individual whose identity has been verified by BitRail who holds a BitRail Account.

Bank Account” means a dollar-denominated consumer deposit account maintained at a U.S. bank.

 

BitRail Account” means an account held by an Authorized User, composed of one or more Vaults.

 

Coins” means the applicable denominations of participating cryptocurrencies.

 

Coin Provider” means either the issuer of Coins or an exchange at which you maintain a Coin account, in either case who participate in the BitRail Site.  In the case of FreedomCoins, BitRail is the Coin Provider.

 

Host Site” means a third party website or mobile application on which Payors and Payees who are authorized Users transact business.

 

Payee” means an Authorized User to whom you make a Transfer via the Site.

 

Payor” means an Authorized User who makes a Transfer to you via the Site.

 

Service” means the BitRail services available on the Site, not including any activities undertaken by Third Party Financial Providers.

 

Site” means www.bitrail.io and its subdomains.

 

Third Party(ies)” means Payors, Payees, Host Sites and Third Party Financial Providers.

 

Third Party Financial Provider(s)” means a bank at which you maintain a Bank Account or a Coin Provider (in the latter case, other than BitRail with respect to FreedomCoins).

 

Transfer” means your instruction to transfer either money or Coins from one of your Vaults to another Authorized User, or an instruction by another Authorized User to transfer either money or Coins to one of your Vaults.

 

Vault” means a sub-account of a BitRail Account, which may be established for various purposes (i.e. different lines of business), consisting of one or more of the following:  dollar deposits, Coin deposits, and Bank Accounts.

 

Vault Handle” means the user name associated with a specific Vault.

 

  1. Opening and Funding Your Account; Coin Purchases

 

  1. Opening Account

 

Our Privacy Policy describes the process of verifying your identity in order to register for and open a BitRail Account.  Your BitRail Account will not be “open” until:

 

  • Your identity is verified either via an electronic process with your mobile phone carrier or the manual process described in the Privacy Policy;
  • Your email address is verified by your responding to the introductory message transmitted through the registration process;
  • You have consented to the Agreement; and
  • BitRail has received test monies from your designated Third Party Financial Provider, as described below.

 

Beyond the process of verifying your identity and email address, it is necessary to link one or more Bank Accounts to your BitRail Account.  This is accomplished by entering your Bank Account number, type of Bank Account, bank routing number, and billing address, as part of the registration process.  BitRail uses this information to deposit one or more small amounts as an ACH transaction into your applicable Bank Account as test transactions. You will provide the amounts of these deposits to BitRail in order to verify that you have access to the applicable Bank Account, and then BitRail will enter ACH transactions to withdraw the same amounts and deposit them in your applicable Vault.  Depending on your bank, it may take up to five (5) business days for this process to be completed. BitRail is not responsible for delays or errors by Third Party Financial Providers, though we will work with you to seek to resolve any issues as may be commercially reasonable.

 

We ask that you please keep all Bank Account information current.  If this information changes and we become aware of it, we may update it as directed by your bank without any action on your part.  

 

  1. Funding Your Account

 

Once your BitRail Account is open, you must fund the account before you may begin using it for purchases.  You may either fund the account by using the account as a Payee with another BitRail Authorized User, or you may Transfer funds to the BitRail Account from your Bank Account with a Third Party Financial Provider.  It may take up to three (3) business days to obtain funds from your Bank Account, depending on the speed and actions of the bank. You authorize BitRail to try this Transfer again if the initial Transfer is rejected by your bank for any reason.

 

  1. Coin Purchases

 

Once your account has funds in it, you may use the funds to purchase Coins.  At this time, FreedomCoins may be purchased directly from BitRail by designating a portion of the monies being received from another Authorized User or from a Third Party Financial Provider to be received in FreedomCoins.

 

  1. Vault Handles

 

Each BitRail Account has one or more Vaults, and you may associate a different Vault Handle with each account.  For example, it is possible to change a Vault Handle to match the name of your business (although all BitRail Accounts are maintained in individual capacity).  You may also set the allocation of dollars and Coins that Transfers to you are reflected in in each Vault.

 

  1. Security of Your Account and Unauthorized Transactions

 

You are responsible for maintaining your account information, as well as adequate security and control of any and all IDs, passwords, or any other codes that you use to access your BitRail Account and applicable Vaults. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your BitRail Account profile.  At a minimum, the required identifying information for purposes of a BitRail Account are as follows:  name, physical address, email address and last 4 digits of Social Security Number. Please notify BitRail if you become aware that your account security has become compromised; otherwise, you are responsible for all Transfers and transactions initiated through use of your BitRail Account.

 

To protect yourself from unauthorized activity in your BitRail Account, you should regularly log into your BitRail Account and review your BitRail Account statement. You should review any transaction notifications to ensure that each transaction was authorized and accurately completed.  Please report any unauthorized transactions (i.e. unauthorized access to your BitRail Account) to our Support Desk. Please note that if you give another person access to your BitRail Account (by giving them your login information) and they use your BitRail Account without your knowledge or permission, this is not an unauthorized transaction. You are responsible for all Transfers and other transactions occurring in your BitRail Account under that circumstance.

 

  1. Use of Your BitRail Account

 

Transfers Through BitRail

 

You need a BitRail balance to send money or buy something using your BitRail Account.  If your BitRail Account is open as described in Section I(a) above, you will need to fund the account as described in Section I(b) above.  Thereafter, you may make a Transfer to another Authorized User of BitRail. When you use your BitRail Account as a payment method, you are allowing BitRail to initiate an ACH Transfer from your BitRail Account to the Payee.  For these transactions, BitRail will make electronic Transfers via ACH from your BitRail Account in the amount you specify.  

 

Holding a BitRail Account Balance

 

Money that you receive from other BitRail Authorized Users will be held as a balance in your BitRail Account. The balance functionality in your BitRail Account will differ depending on whether we have been able to verify the required identifying information that you provide to us. If we have verified the required identifying information, a balance can be held in your BitRail Account, Transferred to a linked Bank Account, used to make purchases and send Transfers to others.  This functionality requires that you provide the required identifying information to us and that we are able to verify the accuracy of that information.

 

Payees Who Accept BitRail

 

You can buy something from a Payee who accepts BitRail using the funds in your BitRail Vault.  When you authorize a payment to a Payee who accepts BitRail, some Payees may take up to 30 days to complete the transaction.  In these instances, your payment may appear as a pending order in your BitRail Account.  In that case, your authorization of the payment will remain valid until the Payee completes the transaction (but no longer than 30 days).  

 

No Surcharges for Use of BitRail

 

You agree that you will not impose a surcharge or any other fee for accepting BitRail as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-BitRail transactions.

 

  1. Withdrawals; Closure of BitRail Accounts

 

If you have a BitRail balance, you may withdraw it by transferring it to the Bank Account linked to your BitRail Vault.  We may delay a withdrawal, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your BitRail Account have been reversed (for example, as a result of a bank reversal or dispute by a Payor).  Additionally, if we place a limitation on your BitRail Account while a withdrawal from your BitRail Account is pending, you will have to reinitiate the withdrawal once the limitation has been lifted.  We may set limits on your withdrawals, and you can view your withdrawal limit, if any, by logging into your BitRail Account.  To help us verify your BitRail Account, you may be asked to verify your Bank Account information and any related identifying information, which may effectuate our removal of any withdrawal cap.

 

Should you choose to close your BitRail Account, we will cancel any scheduled or incomplete Transfers where possible. You must withdraw or transfer any BitRail balance from your BitRail Account before closing it (e.g. to your linked Bank Account).   You will remain liable for all obligations related to your BitRail Account even after the BitRail Account is closed.  We may refuse to allow closure of a BitRail Account where: (a) you have a pending Transfer or other transaction or an open dispute or claim; (b) your BitRail Account has a negative balance; (c) we believe you may be seeking to evade an investigation, whether by us, by a Third Party or by law enforcement; or (d) our BitRail Account is subject to some sort of suspension or hold.

 

Should you wish to close your BitRail Account, please write to us at the address provided under the Notices section of the Agreement, or contact our Support Desk.

 

  1. Balances Not FDIC-Insured; Loss of Account Balance in Case of Non-Use

 

BitRail Balances are NOT FDIC-Insured.  Any BitRail balance you hold represents an unsecured claim and, except as otherwise noted above with regard to custodial accounts, is not insured by the Federal Deposit Insurance Corporation (FDIC). We may combine your BitRail Account balance with the BitRail balances of other BitRail customers and invest those funds in liquid investments in accordance with state money transmitter laws. We will own the interest or other earnings on these investments. However, the claim against us represented by your BitRail balance is not secured by these investments and you do not have any ownership interest (either legal or beneficial) in these investments. These combined balances are held apart from our corporate funds, and we do not use these balances for operating expenses or any other corporate purposes.

 

If you do not log in to your BitRail Account for a period of one (1) year, we may close your BitRail Account and send the BitRail balance to your Bank Account.  Where the Bank Account is no longer functional, where required by law, we may use reasonable efforts to contact you or escheat (send) your BitRail balance to your state of residency.   If your address is unknown or registered in a foreign country, your BitRail balance will be escheated to the State of Georgia.  Where required, we will send you a notice prior to escheating any funds in your BitRail Account.  If you fail to respond to this notice, your BitRail balance will be escheated to the applicable state.  If you would like to claim any escheated BitRail balance from the applicable state, please contact the applicable state’s unclaimed property administrator.

 

  1. Review of Transfers and Transactions; Holds and Security Procedures

 

When we identify a potentially high-risk Transfer or other transaction, we review the Transfer more closely before allowing it to proceed.  When this happens, we may place a hold on the Transfer and notify the Payee of the hold.  As a Payor, this may delay your receipt of the item you purchased.  If we clear the transaction, we will notify the Payee.  If we don’t clear the transaction, we will cancel it and return the funds to you.

 

In order to protect ourselves, and the Payors and Payees using the BitRail services, we may take account-level or transaction-level actions, including “Holds”  and “Limits” as described below.  Unless otherwise noted, if we take any of the actions described below, we will notify you of our actions, but we retain the sole discretion to take these actions.  Our decisions may be based on proprietary policies that we use to manage risk on our systems.  We may use confidential anti-fraud and risk modeling policies and procedures when assessing the risk associated with your BitRail Account.  In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions.  We have no obligation to disclose the details of our risk management or security procedures to you.

 

“Holds”

 

A hold is a temporary stop that BitRail may impose under certain circumstances, at any level including the BitRail Account, Vault or Transfer level.  When BitRail places a temporary hold on a Transfer, the money is not available to you as the BitRail Account owner, whether you are Payor or Payee.  Our decision to place a hold may arise from many factors including account history, transaction activity, past disputes or other factors that we know about, or information we obtain from third parties.  We may place a hold on a Transfer to you as Payee if, in our sole discretion, we believe that there may be a high level of risk associated with you, your BitRail Account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements.  

 

When we place a hold on a payment, the funds will appear in your BitRail Account with an indication that they are unavailable or pending.  We’ll notify you, either through your BitRail Account or directly by phone or email, whenever we place a hold.  Risk-based holds can remain in place for up to 21 days from the date the Transfer was received into your BitRail Account.  We may release the hold earlier under certain circumstances (for example, if you’ve uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion.  The hold may last longer than 21 days if the payment is challenged as a Transfer that should be invalidated and reversed based on a disputed transaction.  In this case, we’ll hold the payment in your BitRail Account until the matter is resolved (but no longer than 180 days).

 

“Limits”

 

We may place limits on your BitRail Account that prevent you from taking certain actions, such as withdrawing, sending or receiving money.  These limitations are implemented to help protect our Payors and Payees when we notice restricted activities or activity that appears to us as unusual or suspicious.  Limits also help us collect information necessary for keeping your BitRail Account open.

 

There are a number of reasons why your BitRail Account could be limited. For instance,

  • If we suspect someone could be using your BitRail Account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity.
  • If your bank lets us know that there have been unauthorized transfers between your BitRail Account and your Bank Account.
  • In order to comply with regulatory requirements.
  • Due to BitRail policies we have in place to ensure we’re in compliance with law.
  • If we reasonably believe you have violated these terms.

To remove the limitation and restore your BitRail Account, you will need to resolve any issues with the account, often by providing information to us, as applicable.

 

  1. Refunds and Reversals

 

If you receive a Transfer for selling goods or services that is later refunded or invalidated for any reason (e.g. you do not fulfill the transaction as promised or cannot provide proof of shipment or proof of delivery when required, ACH return, payment sent to you in error, payment violated these terms of use), you are responsible for the full amount of the payment sent to you, plus any applicable fees.  Whenever a transaction is refunded or otherwise reversed, we will refund or reverse the transaction from your BitRail Account in the same manner as the original transaction (i.e., dollars and/or Coins). If you refund a payment for good or services, we will retain the fixed fee portion of the fees you paid as the Payee.  The buyer’s account will be credited with the full payment amount and the fixed fee portion of the fees you paid as the Payee will be deducted from your BitRail Account in addition to the amount of the refunded payment.

 

When you receive a Transfer, you are liable to BitRail for the full amount of the payment sent to you plus any fees if the Transfer is later invalidated, in whole or in part, for any reason.  If your BitRail balance is insufficient to cover your liability for the payment amount plus the fees, then this will result in a negative BitRail balance.  Any negative BitRail balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to your BitRail balance to eliminate the negative BitRail balance.  If you do not do so, BitRail may engage in collection efforts to recover such amounts from you and/or place a limitation or hold on your BitRail Account.   

 

  1. Prohibited Activities and BitRail’s Remedies

 

In connection with your use of your BitRail Account, the Site or Services,  or in the course of your interactions with us, other BitRail Authorized Users, or Third Parties, you agree not take any of the following actions (in addition to any other actions prohibited under the Agreement):

  • Violate or circumvent This Agreement, or any other agreement between you and us, or violate any our policies, including any BitRail policy or determinations about your BitRail Account such as suspensions, holds, limitations or restrictions;
  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).
  • Infringe the intellectual property, privacy or other rights of us or third parties;
  • Provide false, inaccurate or misleading information, or take actions or communicate in ways that are defamatory, libellous, threatening or harassing;
  • Engage in rude or unprofessional communications with our representatives, or refuse to cooperate with our efforts to validate your identity or otherwise investigate information provided to us;
  • Send or receive what we reasonably believe to be potentially fraudulent funds;
  • Open a new BitRail Account after we have closed or restricted your previous account(s), or take other action intended to deceive our representatives;
  • Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both BitRail and the Payee or bank (or other Third Party Financial Provider) for the same transaction;
  • Conduct your business or use the BitRail Services in a manner that results in or may result in complaints or requests by third parties to invalidate your transactions, or in liability or losses to us, you, other Authorized Users, or Third Parties; or
  • Allow any Vault in your BitRail Account to have a negative BitRail balance.

 

If we believe that you’ve engaged in any of these activities, we may undertake one or more of the following actions in our sole discretion, in addition to all other rights and remedies available at law and in equity:

  • Limit, restrict, suspend or close your BitRail Account, and/or refuse to do business with you in the future;
  • Limit your access to our Site or any systems operated by us or on our behalf;
  • Hold your BitRail Account balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated This Agreement;
  • Contact Payors who have purchased goods or services from you using BitRail, your bank, other impacted Third Parties and/or law enforcement about your actions, providing them with information about you and your transactions on BitRail; or
  • Take legal action against you, or otherwise take actions not contrary to law for the protection of us, other Authorized Users, Third Parties or others.

 

  1. Court Orders, Regulatory Requirements or Other Mandatory Legal Process

 

 If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your BitRail Account, placing a limit on your BitRail Account, or releasing your funds.  We will decide, in our sole discretion, which action is required of us.  Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions.  We do not have an obligation to contest or appeal any court order or legal process involving you or your BitRail Account.  When we implement a hold or limit as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limit may remain in place longer than 180 days.

 

  1. Error Resolution Procedure

 

While we strive to execute all transactions in the correct manner, we recognize that from time to time, errors on our part will occur.  If an Error (as defined below) has occurred with your BitRail Account, please contact the Support Desk with full details of your transaction(s) and what you believe the Error to be.

 

We will determine whether an Error occurred within 10 Business Days after we hear from you and will correct any Error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your BitRail Account within 10 Business Days for the amount you think is in Error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your BitRail Account. We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no Error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we decide that there has been an Error, we will credit the account and otherwise work to correct such Error, including any processing issues or working with banks regarding improper remittance issues.

 

An “Error” means any of the following:

  • You make a Transfer as Payor and the incorrect amount is debited from your BitRail Account;
  • You have a Transfer as Payee and an incorrect amount is credited to your BitRail Account;
  • When money is either incorrectly taken from your BitRail Account or incorrectly placed into your BitRail Account, or when a transaction is incorrectly recorded in your BitRail Account;
  • A transaction is missing from or not properly identified on your BitRail Account statement;
  • We make a computational or mathematical error related to your BitRail Account;
  • You request additional information or clarification concerning a Transfer to or from your BitRail Account, including a request you make to determine whether an Error has occurred, or you need the status of a pending Transfer to or from your BitRail Account; or
  • You request documentation or other information, unless the request is for a duplicate copy for tax or other record-keeping purposes.

 

None of the following are Errors for the purposes of This Agreement, so please do not use the Error procedures to inquire about any of the following:

 

  • Another person’s use of your BitRail Account if you provided them with your log-in information, regardless of whether they followed your directions regarding use of your BitRail Account, and regardless of whether you had knowledge or gave permission for the specific Transfers or other actions taken;
  • Invalidation and reversal of a Transfer as described above;    
  • Routine inquiries about your BitRail balance.
  • Requests for duplicate documentation or other information for tax or other recordkeeping purposes.

 

 

  • Digital Millenium Copyright Act

 

 

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

Any individual or corporate entity (“Copyright Owner”) that believes in good faith that a User has infringed such Copyright Owner’s copyright(s), can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not and will not make any legal decisions about the validity of a Copyright Owner’s claim or your defenses to a claim.

When a clear and valid notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the User who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“counter-notice”). On receiving a counter-notice, we may restore the allegedly infringing content unless we receive notice from the original notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and counter-notices are legal notices distinct from regular Site activities or communications, and are not subject to our Privacy Policy. This means that we may publish or share them with third parties at our discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorney’s fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party, you should contact an attorney.

Filing a DMCA Notice

To file a DMCA notice, the Copyright Owner must send in a written letter by regular mail only (not by email). We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

  1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
  2. Identify the Content that a Copyright Owner claims is infringing on copyrighted work. Copyright Owner must provide information reasonably sufficient to enable us to locate the item on the Site. Copyright Owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
  3. Provide information sufficient to permit us to contact the Copyright Owner directly: name, street address, telephone number, and email (if available);
  4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
  7. The notice must be signed;
  8. The notice must be sent to our DMCA designated agent at the following address:

DMCA Designated Agent

BitRail, LLC

800 Battery Avenue SE, Suite 3090

Atlanta, Georgia  30339

Filing a DMCA Counter-Notice

If a User’s material has been removed or blocked by us as a result of a DMCA Notice, you may send us a counter-notice in accordance with Sections 512(g)(2) and (3) of the DMCA asking for the allegedly infringing material to be restored. To file a DMCA counter-notice with us, you must send a written letter by regular mail only (not by email).

When we receive a counter-notice, we will send a copy of the counter-notice to the party who originally requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. We reserve the right to ignore a counter-notice that is not in compliance with the DMCA and we may, but are not obligated to, respond to a non-compliant counter-notice.

Your counter-notice must:

  1. Describe and list all material(s) that were removed by us and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the material. The information provided should be as detailed as possible;
  2. Provide your name, address, telephone number and email address (if available);
  3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Fulton County, Georgia if your address is outside of the United States);
  4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA notice to us.
  5. Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  6. The counter-notice must be signed.
  7. The counter-notice must be sent to our designated DMCA designated agent at the following address:

DMCA Designated Agent

BitRail, LLC

800 Battery Avenue SE, Suite 3090

Atlanta, Georgia  30339