Rain Spend Corporate Card Authorized User Agreement 

Last updated: 9/3/24 

 

Authorized User Agreement: Rain Spend Corporate Card 

These User Terms govern your access to and use of the Services, as defined under the Dashboard Agreement, and the Program Terms entered into between Rain and Company. Capitalized terms used in this User Agreement are defined in the Dashboard Agreement. “Company” means the company that is applying for or has opened a Rain Account to use the Services. References to “User” mean you, an individual authorized to use the Services on Company’s behalf. 

The Rain Spend Corporate Card (“Rain Card”) is a business card issued to the Account holder under the Rain Dashboard Agreement and the  Rain Spend Corporate Card Program Terms.   The Rain Corporate Card is issued by Third National (“Issuer”). 

You understand that you have access to the Services only to the extent authorized, and for the sole benefit of, the Company. You understand that the Rain Card is not a personal use card and that Rain does not directly provide the Services to you. You understand that Company is responsible for your compliance with the Dashboard Agreement and that both you and Company are responsible for your compliance with the User Agreement. You acknowledge that the Company is a beneficiary of this User Agreement. You also consent to receive all communications from Rain electronically as described in the User Agreement.   

By using the Services available to you under Company’s Rain Account, you consent to  and agree to this User Agreement. This User Agreement is part of, and incorporated by reference into, the Dashboard Agreement entered into between you and Rain. You agree to abide by the terms of the Dashboard Agreement the Program Terms, these User Terms, all applicable law, and Card Network rules in connection with your use of the Company’s Rain Account and Services.   

We reserve the right to amend these User Terms or impose additional obligations or restrictions on you at any time.  We will use commercially reasonable efforts to notify you in advance of any changes that impose material obligations on you. Notwithstanding the foregoing, by continuing to use the Services, you agree to be bound by such amendments or additional obligations or restrictions. The date on the top of this page shows when the Dashboard Agreement was last updated. 

 
The Dashboard Agreement, which includes these User Terms, requires you to arbitrate any disputes arising under these User Terms in an individual arbitration and not a class action or class arbitration. See Section 12 of the Dashboard Agreement for details. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions set forth in Section 12 within the time frame specified in that Section. 

Prior to using the Services on behalf of the Company, you will need a Company Administrator to add you as an authorized Company User and provide you access to the Rain Account. 

1. Eligibility 

By using Services you represent and warrant in your individual capacity that: 

  • You are not a person who is blocked or sanctioned by the United States Government,  including those identified by the United States Office of Foreign Asset Controls (OFAC). 

  • You are an employee, contractor, or agent affiliated with and authorized to use the Services on Company’s behalf. 

  • You will use the Services exclusively for purposes permitted by the Program Terms and the Dashboard Agreement. 

  • All information you provide to us, either directly or through a Company Administrator, is and will be true, correct, and complete.   

  • You will not use the Rain Card for personal, family, or household use.   

  • You have reviewed the Dashboard Agreement, the Program Terms, and these User Terms. 

2. Access to the Sites and Services 
You may access the Services to the extent that (and only for so long as) you are authorized to do so by the Company and us. We or the Company may limit or terminate your access to any of the foregoing at any time, without notice. You agree not to circumvent or attempt to circumvent the security of the Services for any purpose, including to gain access to any Services or which you are not authorized. 

3. Electronic Signature 
You acknowledge and consent to the E-Sign and Electronic Communications Notice.   

4. Use of your Personal Information 

To use the Services, you may be required to provide your Personal Data (including, for example, your name, email address, and date of birth) to the Company Administrator, the Company, or us. You acknowledge and agree that you have authorized the Company or the Company Administrator to share your Personal Data with Rain. You agree that you have provided the Company and the Company Administrator with Personal Data that is true, complete, and correct. We will use your Personal Data for, among other permitted uses under Rain’s Privacy Policy, verify your identity, verify that you are not a person who is blocked or sanctioned by the United States Government, including those identified by the United States Department of Treasury’s Office of Foreign Assets Control (OFAC) and other confirm that you are eligible to use a Rain Card.   

You acknowledge that you have read Rain’s Privacy Policy and understand how Rain may collect, use, and share your Personal Data. Please review it carefully and email us at support@raincards.xyz if you have any questions. By using the Services, you agree that we may use your Personal Data in accordance with our Privacy Policy. 

4. Use of the Service and Rain Card. 

You acknowledge and agree that you have read and understood the “Prohibited Activities List” and that you will not engage in any such activities when using the Services or the Rain Card.   

You acknowledge and agree that you will not use the Rain Card (1) for any expense which is not a business expenses incurred by you related to or for the benefit of the Company; (2) for any purpose prohibited by the Dashboard Agreement or the Card User Terms; (3) for, with, or for the benefit of any individual or entity who is blocked or sanctioned by the United States, including those identified by the United States Department of Treasury’s Office of Foreign Assets Control (OFAC); for personal, family, or household use.   

5. Security and Safeguards 

You will use all reasonable means to protect your Rain Cards and log-in credentials to the Rain Account from unauthorized use. You will not allow any other person or third party to use the or Services or the Rain Card on your behalf. You will immediately notify a Company Administrator where you know or suspect that access to your Rain Account has been compromised or your Rain Card has been lost, stolen, or compromised in any way.   

6. Communications 

Rain has an established business relationship with the Company. You will receive notices to the email and mobile numbers provided to Rain by you or Company. These notices may include push notifications, and text or SMS messages providing information or alerts about Services, the Rain Card, or transactions, and may allow you to provide information back to Rain (such as sending a receipt from a transaction). You may elect to not receive certain notices through the Rain Account, but doing so will limit the use of certain Services and may increase the financial risks to Company. 

You are required to maintain an updated web browser and computer and mobile device operating systems to receive notices correctly. You are responsible for all costs imposed by internet or mobile service providers for sending or receiving Notices electronically. 

You consent to receiving notices electronically to your mobile device and understand that this consent has the same legal effect as a physical signature. If you wish to revoke this consent, please notify your Company Administrator.   

7. Commercial Use Only 

Company’s Rain Account is commercial in nature, and you acknowledge and understand that certain consumer protection laws (including the Electronic Funds Transfer Act or Regulation E) and consumer-specific rules (including NACHA rules specific to consumers) do not apply to transactions on Company’s Rain Account or your use of the Services. 

 
8. Ownership of Rain IP

You agree that Rain or one of its affiliates owns all right, title, and interest in, or has a license to, any design, text, sounds recordings, images, software, code, system, technology, content, procedures and other intellectual property used or embedded in the Sites or the Services including, without limitation, the Rain name, logo, and any other trademarked material and including all the content on the Sites (collectively, the “Rain IP”). 
 
You may not copy, transmit, display, distribute, repost, reproduce, republish, perform, license, alter, frame, store for subsequent use, modify or otherwise use in whole or in part in any manner any Rain IP without our prior written consent or unless as expressly permitted herein. 
 
9. Solicited User Content; Unsolicited Submissions 
 
From time to time, we may ask you to provide feedback, information, or ideas on the Services, for example in the form of customer surveys or other interactions we may have with you (collectively, “Solicited User Content”). Unless otherwise indicated, any such Solicited User Content will be deemed and remain the property of Rain, are non-confidential, and may be used by us without any restriction or compensation owed to you. 
 
In order to avoid any misunderstanding, legal or otherwise, we do not accept or consider or review unsolicited materials, feedback, or ideas on the Services (“Unsolicited User Content”). Should you send any Unsolicited User Content to us, you acknowledge and waive any claims against Rain and its affiliates regarding any similarities between your Unsolicited User Content and any products, services, or features that Rain may build or design in the future. 

10.  Feedback 

You hereby grant Rain a royalty-free, fully-paid, irrevocable, perpetual, nonexclusive, worldwide, assignable and otherwise transferrable license, with the unrestricted and unlimited right to grant sublicenses, (1) to create derivative works based upon any feedback, suggestions, ideas, or requests you submit or otherwise communicate to us by any means (collectively, "Feedback") and (2) to use, copy, display, publish, distribute or otherwise commercialize or exploit in any manner any Feedback or derivative works based thereon. You acknowledge and agree that any Feedback you submit is not confidential. Rain has no obligation to compensate or credit you for Feedback you provide us, regardless of whether or how Rain may use or otherwise commercialize or exploit it. 

11. Third Party Sites and Content 

From time to time, Rain may provide links to, or by using the Services you may have access to or be directed to, third party websites (“Third Party Sites”) or articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (“Third Party Content”). 
 
We do not have control over these Third Party Sites and/or Third Party Content and are not responsible for the content or access (or lack of access) to these other Third Party Sites and/or Third Party Content. 
 
If you decide to leave the Site and access any Third Party Site (including accessing any Third Party Content), you do so at your own risk and you should be aware that our terms and policies no longer govern. 

12. Suspension and Termination 

Rain may suspend or terminate your access to Company’s Rain Account or the Services at any time and for any reason, in our sole and absolute discretion, without prior notice, including if directed by Company or Company Administrator.  In the event that the Dashboard Agreement with Company is terminated, these User Terms will immediately terminate (other than sections giving rise to continued obligations of the parties that survive termination). 

13. Dispute Resolution and Arbitration 

You acknowledge and agree to Section 12 of the Dashboard Agreement. Section 12 requires you to arbitrate any disputes arising out of or relating to these User Terms in an individual arbitration and not a class arbitration.  It also includes a waiver of any right to trial by jury or judicial proceedings, including class actions and class proceedings, in connection with claims arising out of these User Terms. PLEASE REVIEW SECTION 12 OF THE DASHBOARD AGREEMENT CAREFULLY. 

14. Governing Law. 

These User Terms will be interpreted in accordance with the laws of Puerto Rico without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration section above must be brought in state or federal court in Puerto Rico, unless we both agree to some other location, and you hereby consent to the venue and personal jurisdiction of such court.