TERMS OF SERVICE
Last updated: January 24, 2023
ARBITRATION NOTICE: Section 13 and 14 of these Terms contains 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 constitute a legally binding agreement (“Agreement”) between you and Dyme Digital Inc., a Delaware corporation doing business as Dyme.Earth (“Dyme” or “we” or “us”) governing your access to and use of the Dyme website at www.dyme.earth, including any subdomains thereof, and any other websites through which Dyme makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, the “Service”).
Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy, found at www.dyme.earth/privacy-policy.
1. ACCEPTING THE TERMS
Please read these Terms of Service carefully. By using the Services, you represent that you have reviewed, and/or had the opportunity to review, and that you accept these Terms of Service and our Privacy Policy. If you do not accept the terms and conditions of these Terms of Service or the Privacy Policy, you must decline to use the Service.
2. INFORMATION PROVIDED BY YOU
You represent that any information that you provide to Dyme in connection with the use of the Service is true, accurate, current, and complete to the best of your knowledge, and that it is your responsibility to maintain the accuracy of that information if it changes. You also agree to receive all required notices from Dyme electronically to the email address provided by you.
3. PRIVACY AND PERSONAL INFORMATION
For information about Dyme’s personal information practices, please read Dyme’s Privacy Policy which is hereby incorporated into these Terms of Service. This policy explains how Dyme treats your personal information (as defined by the Privacy Policy) when you use the Service.
4. DESCRIPTION OF THE SERVICE
Dyme is a platform that enables users to contribute positively to climate change.
Dyme users link their existing Mastercard, Visa or American Express credit cards using a third party service, Fidel API, which allows Dyme to receive certain notifications of when a user made a purchase at a merchant that offers a commission. The applicable merchant determines whether your transaction has satisfied the conditions for a commission (which may include a minimum spend, maximum amount of spend, and other conditions).
Dyme users may also choose to install a chrome browser extension that highlights websites that offer Dyme a commission or a referral fee when you spend with them. You may adjust the alerts to meet your preferences, depending on the option offered by the third party extension and your browser.
These commissions are not paid to you directly and will not be applied to your credit card balance or otherwise affect the terms of your agreement with your credit card company.
Dyme uses these commissions net of operating costs to fund investments in climate change projects such as renewable energy and forestation. You agree that this is how the commissions will be used and that you have no claim over these payments.
You are shown “Dyme Dividends” which represent the approximate amount of carbon dioxide reduced by the investment funded by the commission from the user’s purchase (net taxes and expenses), in climate change projects. Dyme Dividends have no cash value. Dyme does not warrant the accuracy of the carbon dioxide removed as these depend on many factors and are as estimated by projects that we invest in. You agree that neither Dyme nor the sponsors of projects invested in are responsible for such errors.
Dyme Dividends may be reduced if you return, chargeback, cancel, dispute or otherwise request a refund of a transaction that led to the commission being payable. Dyme Dividends have no cash value. Dyme may cancel your accumulated dividends or cancel your account at any time with immediate effect and without written notice at any time with immediate effect and without written notice at Dyme’s sole discretion.
You can unlink your card(s) at any time from the Settings menu in your dashboard. Once you unlink a card, that card will no longer be eligible for Dyme Dividends. You can also choose to uninstall the chrome extension or turn it off at any time.
Dyme Dividends are calculated and appear in your account within forty-five (45) days of a transaction being authorized. Some Dyme Dividends may take longer to appear.
Merchants and Dyme may choose to terminate or amend the program at any point, at their sole discretion.
Dyme will attempt to send you a written notice via email if the Service is terminated. Material Amendments to this Terms of Service agreement will be emailed to the email address provided by you; you are responsible for keeping that information up to date.
Due to the nature of the Internet, Dyme cannot guarantee the continuous and uninterrupted availability and accessibility of the Service. Dyme may restrict the availability of the Service or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Service. Dyme may improve, enhance, and modify the Service and introduce new Dyme services from time to time.
The access to or use of certain areas and features of the Service may be subject to separate policies, standards, or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Service. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Service, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
The Dyme Service may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Dyme is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, privacy practices, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Dyme of such Third-Party Services.
We may decide to offer incentives, discounts, and/or other promotions at our discretion and such offerings may be subject to additional terms and conditions.
Dyme reserves the right to modify these Terms at any time in accordance with this provision. If we make non-material, editorial changes to these Terms, we will post the revised Terms on the Dyme website and update the “Last Updated” date at the top of these Terms. If we make material changes, we will provide you with notice of the modifications via email at least seven (7) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement in writing with immediate effect at hello@dyme.earth. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms.
5. HOW CARD LINKING WORKS
We currently use a Third-Party Service Fidel and the card networks (Visa, Mastercard, and American Express) to monitor card transactions for your participation in Dyme. Your agreement to the various Dyme Terms of Service authorize Fidel and the card networks to monitor the transactions made with your registered eligible payment cards at participating merchants to confirm qualified transactions. The terms of your agreement with Third Party Service providers (such as Fidel) and the card networks will govern your relationship with them.
The data collected from Fidel includes your registered card identifier, merchant location, transaction date/time and amount.
By registering a payment card in connection with transaction monitoring provided by Fidel, you authorize Dyme to share your payment card information with Visa, Mastercard and AMEX (Payment Networks) so it knows you are enrolled. You authorize Mastercard, Visa and AMEX to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa, Mastercard and AMEX (Payment Networks) to share such transaction details with Dyme and participating merchants to enable your card-linked offer(s) and provide offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s).
Not all Visa, MasterCard, and American Express cards are eligible for registration – including PIN based purchases on debit cards (debit transactions should be authorized via signature and not PIN in order to be monitored), purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, Mastercard and AMEX card as a funding source but you do not present your card directly to the merchant). Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
Statement credits cannot be processed if your card number expires or changes while the statement credit is pending and not settled, or your card account is not open or in good standing. You may not receive a statement credit if it is not posted by your card issuer, Dyme, the applicable card network, and your issuer have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit.
In no event shall the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or Dyme.
6. NOT LIABLE FOR THIRD PARTIES
Dyme is not responsible for the privacy, security, or information policies of third-party links from or on the Dyme Site or used by Dyme in providing the Services. Clicking on said links may take the user to other sites or display information from third parties. Dyme is not responsible for the content, privacy policies, terms of service, or any other factor of such third parties. It assumes neither liability nor responsibility for their actions, information, or communication. Such products, services, or content are provided without endorsement or warranty of any kind. User accepts sole responsibility for accessing such links.
7. TERMINATION AND NON-ASSIGNMENT
You may not assign, delegate, or transfer these Terms of Service or your rights or obligations hereunder, or your Service account or Dyme account, in any way (by operation of law or otherwise) without Dyme’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
8. TAMPERING WITH THE SERVICE
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 around financial transactions. Any of the following is subject to prosecution and/or legal remedies and other actions Dume 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 Service or other provisions. Dyme will comply with government, law enforcement, or regulatory requests to the full extent of the law.
9. ELECTRONIC COMMUNICATIONS
Dyme conducts much of its business online. Users and customers consent to transacting any and all business with Dyme electronically including but not limited to receiving electronic and email notices and disclosures; making and receiving payments and other disbursements through bank transfers, ACH transfers and/or any other online or electronic form; receiving tax statements and documentation; and any other information Dyme in its sole discretion so chooses to convey. This consent will be effective until you tell us that you no longer want to receive Documents electronically by sending us a notice titled “Withdrawing Electronic Acceptance of Documents” to hello@dyme.earth.
10. CONTENT
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.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the website, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
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. Subject to your compliance with these Terms, Dyme grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use any Dyme Application on your personal device(s) and (ii) access and view any content made available on or through the Service and accessible to you, solely for your personal and non-commercial use.
11. USERS MUST BE OF 18 YEARS OF AGE
No access to the Service is authorized or permitted by persons under 18 years of age. We do not knowingly solicit information from any child under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without his or her consent, he or she should contact us at privacy@dyme.earth.
12. USE OF COOKIES
Like most online platforms, ours may require cookies to function properly. Cookies are small text files that reside on a user’s computer and identify you as a unique user. We use cookies to refine our services and simplify the user experience, and it allows us to personalize your experience with the Service. For these reasons we tie personally identifiable information such as your email address to our cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features available on the Service
13. CHOICE OF LAW, AND MANDATORY ARBITRATION
The use of the Service is governed by the laws of the United States of America and the applicable laws of the State of California without regard to conflict or choice of law principles. Any dispute brought by a User against Dyme or its affiliated entities, shall be brought via mandatory arbitration pursuant to the rules of the American Arbitration Association (“AAA)” in San Francisco, California. For more information, including instructions about how to file an arbitration demand with AAA, please visit https://adr.org/consumer or call 800-778-7879.
This Section survives the end of the relationship between you and Dyme, including without limitation cancellation or termination of the Terms and Conditions and any opt-out by you of electronic communications.
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 this Agreement 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 this Terms of Service; 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.
14. WAIVER OF CLASS ACTION
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY DISPUTE AGAINST DYME IN THE FORM OF A CLASS ACTION OR OTHER COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE DISPUTE HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. UNLESS CONSENTED TO IN WRITING BY ALL PARTIES TO THE ARBITRATION, NO PARTY TO THE ARBITRATION MAY JOIN, CONSOLIDATE, OR OTHERWISE BRING CLAIMS FOR OR ON BEHALF OF TWO OR MORE INDIVIDUALS OR UNRELATED CORPORATE ENTITIES IN THE SAME ARBITRATION UNLESS THOSE PERSONS ARE PARTIES TO A SINGLE TRANSACTION.
15. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to release, defend (at Dyme’s option), indemnify, and hold Dyme and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of this Agreement, the Privacy Policy, or our policies, (ii) your improper use of Service or any Dyme services, (iii) your relationship with your credit card provider, and (iv) your relationship with any third party service providers and/or (vi) your negligence, (vii) your breach of any laws, regulations or third party rights, (viii) any dispute or litigation caused by your actions or omissions.
16. NO WAIVER OF RIGHTS
The failure of Dyme to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement constitutes the entire agreement between you and Dyme with respect to the use of the Services. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Dyme, and no other person shall assert any rights as a third-party beneficiary hereunder.
17. WAIVER AND RELEASE
You agree to release us, our affiliates, and our respective agents, contractors, officers, and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve us in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Reward Vendor or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of us, our affiliates, and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below.
If you are a California resident, you hereby expressly waive California Civil Code 1542, which states: “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 not known by him must have materially affected his settlement with the debtor.”
18. DISCLAIMER
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DYME, THE PAYMENT CARD NETWORKS, AFFILIATES, AND THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS “) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER DYME, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DYME, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES 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. DYME, THE PAYMENT CARD NETWORKS OR SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE SERVICES.
19. LIMITATION OF LIABILITY
NEITHER DYME, THE PAYMENT CARD NETWORKS, OR SUPPLIERS 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 SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, 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 WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.
20. FORCE MAJEURE
Dyme shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, 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.
21. ENTIRE AGREEMENT
These Terms shall constitute an entire agreement between users and Dyme in relation to your use of our Service, which supersedes any and all previous agreements.
If you have questions regarding these Terms of Service or to report any violations of these Terms of Service, please contact us at hello@dyme.earth.