Terms of Service

ARBITRATION NOTICE: These Terms contain an arbitration clause and class action waiver that applies to all Dyme users. It affects how disputes with Dyme are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver.

Please read it carefully.

These Terms of Use (the “Agreement”) are a contract between you and Dyme Digital, Inc. (“Dyme” or “we”) and govern your access to and use of the Dyme website located at www.dyme.earth and all other Dyme-branded websites (each, a “Website”), and other software applications and online or other services provided by Dyme (collectively, the “Service”).

1. ACCEPTING THE TERMS

By using any portion of the Service, you agree to comply with and be bound by this Agreement. This Agreement applies to you regardless of whether you have created an account with Dyme or are using the Service but have not created a Dyme Account.

You must be an individual and at least 18 years old to use the Service or accept this Agreement. If you use the Service, you represent that you have the capacity to be bound by this Agreement. The Service is for individual, non-commercial use.

2. AMENDMENTS TO THIS AGREEMENT

Dyme may amend this Agreement or other policies that govern the Service from time to time. Any changes to the Agreement will be posted to Dyme’s website at dyme.earth, and the posted Agreement will indicate the date the Agreement was last revised. If you do not agree to the changes, you must uninstall any applicable Dyme software and stop using the Service. By continuing to use the Service after any changes to this Agreement are posted on the Website, you agree to be bound by those changes.

3. PRIVACY AND YOUR PERSONAL INFORMATION

The Service is subject to Dyme’s privacy and data protection practices which can be found at https://www.dyme.earth/privacy-policy. This explains how Dyme collects, uses and shares your information when you visit our Website or otherwise access or use the Service. By using the Service, you consent to Dyme’s collection, use, and sharing of your information as set forth in the Privacy Policy.

4. DESCRIPTION OF THE SERVICE

Dyme is a platform that allows users to contribute positively to climate change.

Dyme users have access to two products.

– Dyme Travel: Dyme Travel allows users to book flights and hotels

– Dyme Rewards: Dyme Rewards allow users to buy gift cards through our online portal.

Whenever a Dyme user signs up and books travel through Dyme Travel or buys a Dyme gift card through Dyme Rewards, we earn a commission. We use profits from those commissions to fund renewable energy projects. These projects create clean energy, which reduces emissions making a Dyme user’s purchase more eco-friendly.

We may also create pages that have affiliate links where we get paid a commission when a user clicks on them. As with Dyme Travel and Dyme Rewards, profits from these commissions are invested in renewable energy projects.

Dyme users should read the specific descriptions of each product below.

4.1 DYME TRAVEL

Dyme Travel is a product that enables Dyme Users to book flights, hotels, car rentals and activities. Dyme provides this platform with our partner Xeni and is responsible only for the platform but not the travel experience itself. When you make a booking on Dyme Travel, it’s directly with the Service Provider. “Service Provider” means the provider of a travel-related product or service on the Dyme Travel platform, including but not limited to the owner of a hotel or other property, a museum or park, or a car rental company or airline. Dyme is not a “contractual party” to your booking.

We aggregate information from multiple services and information about those Service Providers is based on what they provide us. Service Providers are solely responsible for making sure information that they provide is accurate and up to date.

Once you’ve booked your travel through Dyme Travel, we will provide you and the Service Provider(s) with details of your booking, including the names of the guest(s), travel dates and other information. Dyme users are responsible for providing these details correctly and making sure you read these Terms and the terms from the Service Provider carefully.

When you make a booking through Dyme Travel, you agree to pay the cost of the travel, including taxes and charges that may apply. Some of the prices you see may have been rounded to the nearest whole number. The price you pay will be based on the original, “non-rounded” price. Obvious errors and misprints on the Dyme Travel platform are not binding and may be canceled at our sole discretion.

When booking international travel on Dyme Travel, it is your responsibility to carry a valid passport and/or visa if required, comply with entry requirements, comply with any visa requirements to pass through a country that isn’t your final destination, review any travel advisories and notices. By arranging travel to or from any location, Dyme is not guaranteeing that it is without risk and, to the fullest extent permitted by law, Dyme will not be liable for any resulting damages or losses.

Advice to International Passengers on Limitations of Liability:

Passengers traveling to a final destination or a stop in a country other than the country of departure are advised that the provisions of an international treaty (the Warsaw Convention, the 1999 Montreal Convention, or other treaty), as well as a carrier’s own contract of carriage or tariff provisions, may be applicable to their entire journey, including any portion entirely within the countries of departure and destination. The applicable treaty governs, and may limit, the liability of carriers to passengers for death or personal injury, destruction or loss of, or damage to, baggage, and for delay of passengers and baggage.

Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under an international treaty. For further information, consult your airline or insurance company representative.

4.2 DYME REWARDS

Dyme Rewards allows a user to purchase “closed loop” eco-friendly third-party gift cards. These gift cards can only be used at designated merchants. In these Terms we refer to these eco-friendly third-party gift cards as “Dyme gift cards”. As discussed in more detail below, Dyme is not a gift card issuer.

To purchase a Dyme gift card, a user must create an account on Dyme. From the Dyme Rewards user dashboard, users can purchase Dyme gift cards by clicking on the gift card section which will take them to a gift card portal hosted and managed by our partner Runa. Users may purchase Dyme gift cards on the Runa portal using an eligible debit or credit card. Once Runa has received full payment it will deliver the relevant gift card(s) to the user.

Dyme gift cards are “closed loop” gift cards, which means that users can redeem Dyme gift cards for the purchase of specified goods or services (a “Qualifying Purchase”) only from the merchant(s) designated on the Dyme gift card (a “Designated Merchant”) who will apply some or all of the face value of the gift card against the purchase price of the Qualifying Purchase. Dyme gift cards may not be redeemed for cash unless required by applicable law.

When you purchase a Dyme gift card , you are agreeing to pay all amounts specified in the gift card, along with any applicable taxes, as well as any service or processing fees to the extent permitted by applicable law. You hereby authorize Dyme and our partner Runa (including their designated payment processor), to authorize and charge the full order amount to the credit or debit card you have provided once you purchase any Dyme gift card, and you also authorize Dyme and our partner Runa to collect and store information related to your purchase of a Dyme gift card .

If you dispute any charges related to the Dyme gift card(s) you have purchased, you must notify Runa within sixty (60) days after the date you are charged.

Neither Dyme nor Runa guarantee that we will provide a return or refund on the purchase of any Dyme gift card. Any return or refund that we provide is at our sole discretion. In addition, we do not provide price protection or returns or refunds in the event of a fee reduction or promotional offering. Your continued use of the Service after any fee change becomes effective constitutes your agreement to pay the originally charged amount.

No Liability for Dyme Gift Cards After Purchase

Neither Runa nor Dyme are responsible for any value lost from a Dyme gift card after purchase and shipping/other transfer from Dyme or Runa to the user, regardless of whether the Dyme gift card is alleged to (a) not have been delivered; (b) have been mis-delivered; or (c) have been otherwise lost. A user is solely responsible for any and all losses due to fraudulent activity on its accounts and/or applicable Dyme gift card balances.

Dyme is Not a Gift Card Issuer

Dyme gift cards are subject to the terms and conditions of the Designated Merchant and/or the Designated Merchant’s gift card issuer. Dyme gift cards and related gift card balances are issued by (and are solely the liabilities of) the Designated Merchant or its gift card issuer and not Dyme. You agree that Dyme is not responsible for any gift card program, is not the issuer of any gift cards, is not the holder of any liabilities related to unredeemed gift cards, and makes no representations or warranties regarding the gift cards available through Dyme or the products and services you purchase with any such gift card.

Expiration

A Dyme gift card may have an expiration date. Any and all expiration dates are not determined by Dyme or Runa. Subject to applicable law, any and all expiration dates will be disclosed to you, either on the Dyme gift card or via other appropriate written or electronic statements. After the expiration date, you will not be able to use the Dyme gift card. However, for “closed-loop” Dyme gift cards, depending on the Designated Merchant, after the expiration date you may be able to ask the Designated Merchant for a replacement gift card, who may issue replacement gift cards in their sole discretion. Neither Dyme nor Runa is able to issue replacement “closed-loop” Dyme gift cards and we are not involved in requests for, issuance of, or provision/delivery/receipt of replacement “closed-loop” Dyme gift cards.

5. ELECTRONIC NOTICES

By providing us with your email address, you agree to receive all account related notices electronically to that e-mail address. It is your responsibility to update or change that address, as appropriate. We may also use your email address to contact you about our own or third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences by clicking “Unsubscribe” in any e-mail communications we send you.

6. DYME’S INTELLECTUAL PROPERTY RIGHTS

Dyme may provide access and view of content that Dyme itself makes available on or through the Services, including proprietary Dyme content and any content licensed or authorized for use by or through Dyme from a third party (collectively, “Dyme Content”).

Dyme Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Dyme Content, including all associated intellectual property rights, are the exclusive property of Dyme and/or its licensors or authorizing third parties. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Dyme Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Dyme used on or in connection with the Dyme Content are trademarks or registered trademarks of Dyme in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Dyme Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Dyme Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dyme or its licensors, except for the licenses and rights expressly granted in these Terms.

If you believe that any content on the Dyme Website infringes copyrights you own, please notify us promptly at hello@dyme.earth

7. TAMPERING WITH THE SERVICES

By use of the Service, you represent that you will not use the Service as part of any scheme to violate federal, state, or other laws and regulations including those that apply to financial transactions. Any of the following is subject to prosecution and/or legal remedies and other actions Dyme may in its sole discretion elect to take: attempt to tamper with the Service and/or disable or circumvent its security features; modify, adapt, translate, decompile or reverse engineer any portion of the Service; use any robot, spider, scraper, deep link, site search/retrieval application or other automated device, extraction tools, programs or algorithms, process or means to access, retrieve or index any portion of the Service; add tracking technologies on the Service; post or transmit any file which contains viruses or other items of a destructive or contaminating nature; conduct unauthorized access to Dyme or Dyme user or customer data; manipulate the Dyme offerings; create user accounts by automated means or under false or fraudulent pretenses; collect personal data on Dyme users; or violate any Terms of Use or other provisions. Dyme will comply with government, law enforcement, or regulatory requests to the full extent of the law.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DYME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

DYME MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DYME MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.

9. NOTIFICATION DISCLAIMER

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

10. LIMITATIONS OF LIABILITY

DYME SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF DYME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, DYME’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF DYME SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

11. INDEMNIFICATION

You shall defend, indemnify and hold harmless Dyme and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.

Arbitration opt-out: If you do not agree to arbitrate disputes as detailed herein, you may opt out of this arbitration provision for all purposes by sending an arbitration opt-out notice to hello@dyme.earth, within thirty (30) days of the date of your electronic acceptance of the terms of these Terms or within thirty (30) days after we notify you regarding any material changes to this Section. The opt-out notice must clearly state that you are rejecting arbitration; identify the Terms; provide your name and address; and be signed by you. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of their authority to submit the opt-out notice on your behalf.

12. ENDING YOUR RELATIONSHIP WITH DYME (AND VICE VERSA)

This Agreement will continue to apply until terminated by either you or Dyme as set out below.

If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service by uninstalling the Service, no longer visiting our Website and stopping use of the Service.

You can also email hello@dyme.earth to cancel your account. Upon doing so, your account will be closed and your ability to log in will be deactivated; and any data in our records will be retained subject to our privacy statement.

Dyme may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information.

13. ARBITRATION CLAUSE & CLASS ACTION WAIVER – THIS AFFECTS YOUR LEGAL RIGHTS

CLASS ACTION WAIVER. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND DYME (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH DYME, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND DYME HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE DYME’S INTELLECTUAL PROPERTY RIGHTS, DYME MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND DYME WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND DYME ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

14. GOVERNING LAW AND FORUM FOR DISPUTES

These Terms, and your relationship with Dyme under these Terms, shall be governed by the laws of the State of Delaware in the United States of America without regard to its conflict or choice of laws provisions.

15. CALIFORNIA CONSUMER RIGHTS NOTICES

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

16. ASSIGNMENT

Dyme may assign, without recourse, any or all of its rights or obligations under these Terms, including all or a portion of these Terms.

17. FORCE MAJEURE

Dyme shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of Dyme, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, supply chain issues, pandemic, endemic, power failures and Internet disturbances.

18. ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on a Dyme Website or in respect to the Service constitute the entire agreement and understanding between you and Dyme. Dyme’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. Dyme may assign any or all of its rights and obligations to others at any time. Dyme shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Dyme as a result of these Terms or use of the Service. You agree that these Terms will not be construed against Dyme by virtue of Dyme having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

19. CONTACT US

We welcome any questions or comments about this policy. Please email us at hello@dyme.earth.