Avalanche Rewards Terms of Service

1. Introduction and Acceptance

These Avalanche Rewards Terms of Service ("Rewards Terms") are a legal agreement between you and Rain Products, Inc. ("Rain," "we," "us," or "our"). These Rewards Terms govern your participation in the Avalanche Rewards program (the "Rewards Program"), including the earning and redemption of Avax Points.    

The Rewards Program is a feature of your Avalanche Card account. By enrolling in, accessing, or using the Rewards Program, you agree to be bound by these Rewards Terms. If you do not agree, do not enroll in or use the Rewards Program. 

These Rewards Terms supplement, and do not replace, the Avalanche Card terms and conditions that govern your Avalanche Card account. In the event of a conflict between these Rewards Terms and your Avalanche Card terms, these Rewards Terms control with respect to the Rewards Program.

Eligibility. The Rewards Program is available to approved Avalanche Card holders ("Cardholders") in good standing. You must maintain an active Avalanche Card account to participate. Rain may not offer the Rewards Program in any country or territory that is the target of comprehensive sanctions administered or enforced by the U.S. government, the United Nations, the European Union, or other applicable sanctions authority.

2. The Rewards Program

What Are Avax Points. Avax Points are loyalty reward points represented as ERC-20 tokens on supported blockchain networks. Each Avax Point has a face value of one cent ($0.01 USD). Avax Points are minted to a smart contract associated with your account (your "Collateral Contract") within the Rain collateral system.

Nature of Avax Points. Avax Points are program benefits, not your personal property. They have no cash surrender value and cannot be exchanged for cash except as expressly provided below. Avax Points are not transferable to other persons and may not be sold, bartered, or traded. You do not hold independent custody of Avax Points in a personal wallet; they exist within the Rain collateral system, and Rain controls all minting operations.

Program Operator. The Rewards Program is operated solely by Rain. Avalanche (BVI), Inc. ("Avalanche") is not a party to these Rewards Terms and has no responsibility or liability to you in connection with the Rewards Program.

3. Earning Avax Points

Eligible Transactions. You earn Avax Points on eligible posted credit card transactions made with your Avalanche Card ("Eligible Spend").

Excluded Transactions. The following are not Eligible Spend and will not earn Avax Points:

• Fees, including annual fees, late fees, and interest charges
• Chargebacks and disputed transactions
• Cash advances and cash equivalents
• Balance transfers
• Refunded transactions (handled as described below)

Earning Rates. Avax Points are earned at rates published in the Avalanche Card app. Earning Rates may be structured as a flat rate across all Eligible Spend or as category-based rates that vary by merchant category. The merchant category for a transaction is determined by the Merchant Category Code (MCC) assigned by the applicable card network (e.g., Visa), and Rain has no control over and does not guarantee that any particular merchant will be classified in any particular category.

Earning Lifecycle. Avax Points progress through three stages before they become available to redeem:

You may only redeem Minted Avax Points. The cycle from earning to minting typically aligns with your daily settlement cycle. 

Refunds. If a transaction on which you earned Avax Points is later refunded, negative points will be created and offset against your future earnings in the next statement cycle. Avax Points already Minted to your Collateral Contract will not be clawed back or removed from your account as a result of a refund. For example, if you earned 200 Avax Points on a $100 purchase and that purchase is refunded, you will receive -200 pending points. You must earn more than 200 points in a subsequent cycle before new Avax Points are minted.

4. Redeeming Avax Points

Statement Credits. You may redeem Minted Avax Points for a credit applied to your Avalanche Card statement balance. Statement credit redemptions are valued at seventy percent (70%) of face value (i.e., $0.007 per Avax Point). Avax Points will not be automatically liquidated to pay down a statement balance and will not be counted toward your spending power.

Travel Portal. You may redeem Minted Avax Points through the travel portal integrated into the Avalanche Card app. Travel portal redemptions are valued at the full face value of $0.01 per Avax Point. Available travel categories include hotel bookings, airline tickets, and event tickets. Travel bookings are fulfilled by third-party travel partners. Rain acts solely as an intermediary facilitating your access to such partners and is not the direct provider of any travel services..    

Travel Booking Terms. All travel bookings are final and subject to the applicable travel partner's cancellation and refund policies. If a travel partner issues a refund for a booking paid with Avax Points, such refund will be issued as a statement credit or as new Avax Points, at Rain's discretion. Avax Points redeemed (burned) for a travel booking cannot be reversed.

Additional Redemption Options. We may add new redemption options from time to time, including points transfers to external loyalty programs (such as airline miles or hotel points), boosted earning offers at participating merchants, and the ability to earn Avax Points on travel portal bookings paid with your Avalanche Card. Any such features will be subject to additional terms disclosed at the time they become available. Transfers to external loyalty programs are one-way and irreversible, transfer ratios may vary by partner, minimum transfer amounts may apply, and partner availability and transfer rates may change without notice.

How Redemption Works. When you redeem Avax Points, the corresponding tokens are withdrawn from your Collateral Contract and sent to a burn address, where they are permanently destroyed. You cannot reverse a redemption once initiated.

5. Your Obligations; Prohibited Conduct

Account Responsibility. You are responsible for all activity on your Rewards Program account. You must keep your account credentials secure and notify us immediately if you suspect unauthorized access.

Prohibited Conduct. You may not:

• Earn or attempt to earn Avax Points through fraudulent, abusive, or unauthorized transactions
• Engage in manufactured spending, transaction cycling, or other schemes designed to artificially accumulate Avax Points
• Sell, barter, trade, or transfer Avax Points to another person
• Manipulate or attempt to manipulate the Rewards Program, including the earning lifecycle, redemption mechanics, or on-chain operations
• Use the Rewards Program in violation of any applicable law or regulation

Consequences. If we determine, in our sole discretion, that you have engaged in any prohibited conduct, we may, without prior notice: (a) revoke Avax Points earned through such conduct; (b) suspend or terminate your participation in the Rewards Program; and/or (c) offset the value of any improperly redeemed Avax Points against your Avalanche Card account.

Tax Responsibility. You are solely responsible for any tax obligations arising from your participation in the Rewards Program, including the earning and redemption of Avax Points. We do not provide tax advice. Consult a tax professional regarding the tax treatment of loyalty rewards in your jurisdiction.

6. Data and Privacy

Information We Collect. To operate the Rewards Program, we collect and process information about your Avalanche Card transactions (including transaction amounts, dates, merchant names, and merchant category codes), your Avax Points earning and redemption activity, and on-chain data associated with your Collateral Contract. This information is collected, processed, and stored in accordance with applicable data protection laws.

How We Use Your Information. We use your information to operate the Rewards Program, including to calculate and mint Avax Points, process redemptions, detect and prevent fraud, provide customer support, and comply with applicable laws. Our use of your personal data is further described in our Privacy Policy, available at https://legal.raincards.xyz/legal/privacy-policy.

Sharing with Avalanche. We share aggregate, de-identified data relating to the Rewards Program with Avalanche, including earning volumes, redemption volumes, and redemption category breakdowns. This data does not identify you personally. Avalanche may use this aggregate data for product improvement, analytics, and marketing purposes.

Sharing with Redemption Partners. When you redeem Avax Points through the travel portal or other Redemption Partner, we share the information necessary to fulfill your redemption (such as your name, booking details, and contact information) with the applicable partner. Your use of a Redemption Partner's services may be subject to that partner's own privacy policy and terms.

On-Chain Data. Avax Points are represented as ERC-20 tokens on public blockchain networks. Certain transaction data recorded on-chain (such as wallet addresses, token balances, and minting or burn transactions) is publicly visible. Rain does not control the visibility of data recorded on a public blockchain.

7. Intellectual Property and Ownership

Rain's IP. The Rewards Program, including the Avax Points token contracts, smart contracts, APIs, software, and all related technology, is owned by Rain. Nothing in these Rewards Terms grants you any ownership interest in Rain's technology or intellectual property.

Avalanche's Marks. "Avalanche," "AVAX," and related logos and branding are trademarks of Avalanche (BVI), Inc. You may not use any Avalanche or Rain trademarks, logos, or branding without prior written permission.

Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Rewards Program through the Avalanche Card app solely for your personal, non-commercial use in accordance with these Rewards Terms. You may not copy, modify, distribute, reverse-engineer, or create derivative works of any part of the Rewards Program.

Feedback. If you provide us with suggestions, ideas, or feedback about the Rewards Program, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

8. Changes to the Program

Earning Rate Changes. We may modify Earning Rates at any time. We will provide you with at least thirty (30) days' notice of any changes to Earning Rates by posting updated rates in the Avalanche Card app or by notification through the app.

Redemption Value Changes. We may modify redemption values, including the statement credit redemption rate and travel portal redemption rate, at any time upon at least thirty (30) days' notice provided through the same channels described above.

Program Features. We may add, modify, or remove Redemption Partners, redemption categories, travel providers, boosted earning offers, and other program features at any time. We will use reasonable efforts to notify you of material changes, but the availability of any particular redemption option or partner is not guaranteed.

Terms Changes. We may update these Rewards Terms from time to time. If we make material changes, we will notify you through the Avalanche Card app or by email at least thirty (30) days before the changes take effect. Your continued participation in the Rewards Program after the effective date of updated Rewards Terms constitutes your acceptance of those changes. If you do not agree to the updated terms, you must stop using the Rewards Program and redeem any outstanding Minted Avax Points before the changes take effect.

9. Disclaimers and Limitations of Liability

Disclaimer of Warranties. THE REWARDS PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAIN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RAIN DOES NOT WARRANT THAT THE REWARDS PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Third-Party Services. Rain is not responsible for any failure, delay, cancellation, or quality issue attributable to a Redemption Partner, including third-party travel partners, airlines, hotels, ticketing platforms, or loyalty program partners. Travel bookings, points transfers, and other third-party redemptions are subject to the applicable partner's own terms and conditions.

Blockchain Risks. Rain is not responsible for blockchain network outages, congestion, gas fee fluctuations, or failed on-chain transactions, provided that Rain uses commercially reasonable efforts to complete such transactions. Rain is not responsible for the unavailability of any particular Redemption Partner, redemption category, or blockchain network.

No Guaranteed Value. Rain does not guarantee that any particular redemption option, Redemption Partner, or redemption value will remain available. Avax Points have no cash surrender value, no guaranteed redemption value, and no value outside the Rewards Program.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAIN WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE REWARDS TERMS OR THE REWARDS PROGRAM, INCLUDING LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF ANTICIPATED REWARDS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER RAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Liability Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAIN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE REWARDS TERMS OR THE REWARDS PROGRAM WILL NOT EXCEED THE FACE VALUE OF THE AVAX POINTS IN YOUR ACCOUNT AT THE TIME THE CLAIM AROSE, OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS GREATER.

Force Majeure. Rain will not be liable for any delay or failure to perform any obligation under these Rewards Terms due to causes beyond its reasonable control, including natural disasters, acts of war or terrorism, health emergencies, labor disturbances, electrical or telecommunications failures, sanctions, or governmental actions.

10. Termination

Termination by You. You may stop participating in the Rewards Program at any time by contacting customer support. Upon your request, we will process any outstanding Minted Avax Points available for redemption, subject to available redemption paths. Any Avax Points that are not Minted (i.e., in Pending or Ready status) at the time of your withdrawal will not be minted or made available for redemption.

Termination by Rain. We may suspend or terminate your participation in the Rewards Program at any time, with or without cause, including if: (a) you violate these Rewards Terms; (b) you engage in prohibited conduct as described in Section 5; (c) your Avalanche Card account is closed, suspended, or no longer in good standing; or (d) we are required to do so by applicable law or regulation.

Program Discontinuation. We may discontinue the Rewards Program in whole or in part at any time. If we discontinue the Rewards Program, we will provide you with at least thirty (30) days to redeem your outstanding Minted Avax Points through available redemption paths. Upon expiration of that redemption period, any remaining unredeemed Avax Points will be permanently burned and will no longer be available.

Account Closure. If your Avalanche Card account is closed for any reason, any Avax Points remaining in your account (whether Pending, Ready, or Minted) will be forfeited. You should redeem all available Avax Points before closing your account.

Effect of Termination. Upon termination of your participation in the Rewards Program: (a) you will cease earning new Avax Points; (b) except in the case of termination for prohibited conduct, you will have a reasonable period (not less than thirty (30) days) to redeem Minted Avax Points; and (c) any provisions of these Rewards Terms that by their nature should survive termination will continue in effect, including Sections 7 (Intellectual Property), 9 (Disclaimers and Limitations), and 11 (Dispute Resolution).

11. Dispute Resolution and Governing Law

Governing Law. These Rewards Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.

Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@rain.xyz and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved this way.

Binding Arbitration. If we cannot resolve a dispute informally, you and Rain agree that any dispute, claim, or controversy arising out of or relating to these Rewards Terms or the Rewards Program ("Dispute") will be resolved exclusively through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures then in effect. The arbitration will be conducted by a single arbitrator in New York, New York, or, at your election, by videoconference or telephone. The arbitrator will have the authority to award the same relief that would be available in court, but the arbitrator's decision will be final and binding. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND RAIN AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding.

Small Claims Exception. Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the court's jurisdictional limits.

Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to Rain at legal@rain.xyz within thirty (30) days of first accepting these Rewards Terms. If you opt out, Disputes will be resolved in the state or federal courts located in New York, New York, and you and Rain consent to the exclusive jurisdiction of those courts. 

12. General Provisions

Entire Agreement. These Rewards Terms, together with your Avalanche Card terms and conditions and our Privacy Policy, constitute the entire agreement between you and Rain with respect to the Rewards Program.

Severability. If any provision of these Rewards Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision of these Rewards Terms will not constitute a waiver of that provision or any other provision.

Assignment. You may not assign or transfer your rights under these Rewards Terms. Rain may assign its rights and obligations without restriction.

Contact. For questions about the Rewards Program or these Rewards Terms, contact us at legal@rain.xyz. 

Acceptance and Duration. By enrolling in, accessing, or using the Rewards Program, you accept and agree to be bound by these Rewards Terms. These Rewards Terms take effect upon your first use of the Rewards Program and remain in full force and effect for as long as you participate in or maintain access to the Rewards Program. Your continued use of the Rewards Program following any updates to these Rewards Terms constitutes your acceptance of such updates. Certain provisions of these Rewards Terms will survive termination of your participation as set forth in Section 10.