- Privacy Policy (available at https://docs.bonkx.io/legal/privacy-policy/);
- Fee Schedule (Schedule 1);
- Subscription Terms (Schedule 2);
- Risk Disclosure Statement (Schedule 3);
- BonkX Spend Card Terms (the “Card Terms”, available at https://docs.bonkx.io/legal/card-terms-for-international-consumer-program/);
- BonkX Prohibited Activities Policy (available at https://docs.bonkx.io/cards/prohibited-activities-policy/); and
- Any other documents referred to in this Agreement.
1. Definitions
1.1 “BonkX Account” means the account created and maintained for you within the BonkX App for the purpose of accessing the Services, managing your Membership, tracking BonkX Points, and facilitating Transactions. 1.2 “BonkX App” or “App” means the self-custody cryptocurrency application developed, owned, and operated by BonkX, Inc., including all related software, interfaces, technologies, and services. 1.3 “BonkX Card” or “Card” means the Visa payment card issued to you by the Issuer in connection with your BonkX Account, governed by the separate Card Terms. 1.4 “BonkX Points” or “BXP” means the rewards units earned by Members through qualifying card spend and other program activities, as described in Section 13. 1.5 “Blockchain” means any distributed ledger technology or decentralized network on which cryptocurrency transactions are recorded and validated. 1.6 “Card Program Partners” means, collectively, Signify Holdings, Inc. (d/b/a Rain) and the Issuer, which provide card issuing, program management, and settlement services for the BonkX Card. 1.7 “Card Terms” means the BonkX Spend Card Terms, the separate agreement between you and the Issuer governing your use of the BonkX Card. 1.8 “Collateral” has the meaning given to it in the Card Terms and refers to the cryptocurrency assets held in your Linked Wallet or Additional Wallets that secure Charges made on your Card. 1.9 “Company,” “BonkX,” “we,” “us,” or “our” means BonkX, Inc., a Delaware corporation. 1.10 “Cryptocurrency” or “Digital Asset” means any digital representation of value or rights that is secured by cryptography and recorded on a Supported Blockchain. 1.11 “Fee Schedule” means the schedule of fees applicable to your Membership series, as set forth in Schedule 1. 1.12 “Issuer” means the bank or financial institution that issues the BonkX Card under license from Visa, as identified on the back of your Card and in the Card Terms. 1.13 “KYC” means Know Your Customer requirements and procedures for customer identification and verification. 1.14 “AML” means Anti-Money Laundering requirements and procedures. 1.15 “Liquidation Event” has the meaning given to it in the Card Terms. 1.16 “Market Value” has the meaning given to it in the Card Terms. 1.17 “Membership” means your paid subscription to the BonkX platform, as described in Section 12. 1.18 “Private Keys” means the cryptographic keys that control access to and ownership of cryptocurrency in a digital wallet. 1.19 “Rain” means Signify Holdings, Inc. (d/b/a Rain), which serves as the card issuing sponsor and program manager for the BonkX Card program. 1.20 “Seed Phrase” means the mnemonic recovery phrase (typically 12 or 24 words) generated when creating a self-custody wallet, from which Private Keys are derived. 1.21 “Self-Custody Wallet” or “Wallet” means the built-in non-custodial cryptocurrency wallet provided through the BonkX App, where you generate, hold, and exclusively control your own Private Keys and Seed Phrase. 1.22 “Services” means all services provided by BonkX through the BonkX App, including but not limited to the Self-Custody Wallet, Crypto On-Ramp, Crypto Off-Ramp, BonkX Card access, BonkX Points rewards program, and Membership services. 1.23 “Supported Blockchains” means the blockchain networks supported by the BonkX App as designated by BonkX from time to time, including the Solana (SOL) blockchain. 1.24 “Transaction” means any conversion, transfer, payment, or other operation involving Cryptocurrency or Fiat Currency that is processed through or facilitated by the Services. 1.25 “User,” “you,” or “your” means any individual who accesses, uses, or attempts to use the BonkX App or Services.2. Service Description
2.1 Overview. BonkX operates the BonkX App, a software application that combines a self-custody cryptocurrency wallet with a crypto-collateralized secured spend card, subscription services, and a rewards program. 2.2 Self-Custody Wallet. The BonkX App includes a built-in self-custody wallet that allows you to generate, store, and manage your own Private Keys and cryptocurrency. BonkX does not have access to your Private Keys or Seed Phrase at any time. 2.3 BonkX Card Services. Through its partnership with Rain and the Issuer, BonkX provides access to the BonkX Spend Card, a Visa card that enables you to spend against your cryptocurrency collateral. Card issuance, transaction processing, and settlement are handled by the Card Program Partners. 2.4 Collateral-Based Spending. When you use your BonkX Card, your cryptocurrency serves as Collateral securing your spending. Collateral requirements, Liquidation Events, and related terms are governed by the Card Terms. 2.5 Operations. BonkX, Inc. may delegate performance of certain Services to its wholly-owned subsidiaries or affiliates. Any Service so delegated is deemed provided by the Company under this Agreement. 2.6 Service Availability. BonkX does not guarantee continuous availability of any Services and may suspend or modify Services at any time for maintenance, compliance, or operational reasons. 2.7 Geographic Restrictions. Services may not be available in all jurisdictions. You attest that you are not a United States citizen and that the BonkX Card is intended for those outside of the United States. BonkX reserves the right to restrict access based on User location, regulatory requirements, or risk assessment.3. Self-Custody Nature of the Wallet
3.1 The BonkX App provides a self-custody wallet, meaning that you generate, hold, and exclusively control your own Private Keys and Seed Phrase. BonkX does not have access to, store, or control your Private Keys at any time. If you lose your Private Keys or Seed Phrase, your cryptocurrency will be permanently inaccessible. BonkX cannot recover them. 3.2 BonkX does not operate as a cryptocurrency custodian, exchange, trading platform, broker, or financial institution. BonkX is a technology provider only. 3.3 All cryptocurrency transactions initiated through the Self-Custody Wallet occur directly between your wallet and the relevant blockchain network. BonkX serves solely as a technology interface facilitating these interactions. 3.4 You maintain complete and exclusive control over your cryptocurrency assets at all times. BonkX cannot freeze, reverse, or otherwise interfere with your cryptocurrency. Collateral arrangements for the BonkX Card are governed by the Card Terms. 3.5 BonkX cannot recover lost Private Keys, Seed Phrases, or cryptocurrency. If you lose access to your wallet credentials, your assets may be permanently lost. 3.6 You may import an existing Seed Phrase from an external wallet. By doing so, you acknowledge that BonkX is not responsible for any security issues, conflicts, or losses arising from the use of a Seed Phrase that was generated or previously used outside the BonkX App.4. Card Program Partners (Rain and the Issuer)
4.1 Card Program Structure. The BonkX Card program involves: (a) BonkX, Inc. as the technology platform provider; (b) Signify Holdings, Inc. (d/b/a “Rain”) as the card issuing sponsor, program manager, and technology provider for card services; and (c) the Issuer as the bank that issues the Card under license from Visa. 4.2 Separate Card Terms. Your use of the BonkX Card is governed by the separate Card Terms issued by the Issuer (available at https://docs.bonkx.io/legal/card-terms-for-international-consumer-program/). In the event of a conflict between this Agreement and the Card Terms regarding the Card, the Card Terms control. 4.3 Rain Platform Terms. Rain’s platform terms are available at legal.raincards.xyz/legal/platform-agreement. Rain’s privacy policy is available at https://www.raincards.xyz/legal/docs/privacy-policy. Rain’s prohibitions list is available at https://legal.raincards.xyz/legal/prohibitions. 4.4 Independent Service Providers. Rain and the Issuer operate as independent service providers. BonkX does not control, direct, or supervise their operations, policies, or procedures. 4.5 Limitation of BonkX Liability. BonkX shall have no liability for any acts, omissions, errors, delays, or failures of the Card Program Partners, including transaction processing errors, account freezes, compliance holds, or service interruptions. 4.6 Third-Party Beneficiary. You acknowledge and agree that Rain is an express third-party beneficiary of the limitation of liability, indemnification, and dispute resolution provisions of this Agreement. 4.7 No Agency Relationship. The relationships between BonkX, Rain, and the Issuer do not create any agency, joint venture, partnership, or fiduciary relationship.5. Eligibility and Compliance
5.1 Age. You must be at least eighteen (18) years of age. 5.2 International Eligibility. You attest that you are not a United States citizen. The Services under this Agreement are designed for international users. You must be a legal resident of a jurisdiction where the Services are expressly made available by BonkX. 5.3 Legal Capacity. You must have the legal capacity to enter into binding agreements. 5.4 KYC/AML Verification. You must complete identity verification and KYC/AML procedures administered by Rain and/or BonkX’s third-party compliance providers before accessing card and transaction services. 5.5 Sanctions and Restricted Lists. You must not be listed on any U.S. government sanctions list, including the OFAC SDN list, or located in any country subject to comprehensive U.S. sanctions. 5.6 Prohibited Jurisdictions. You may not use the Services if you are located in, a resident of, or transacting with individuals or entities in: Russia, Belarus, Iran, North Korea, Cuba, Syria, Venezuela, and the Crimean, Donetsk, and Luhansk regions of Ukraine. 5.7 Single Account. You may maintain only one BonkX Account at a time. 5.8 Ongoing Compliance. You must maintain compliance with all eligibility requirements and promptly notify BonkX of any changes. 5.9 Right to Refuse. BonkX, Rain, and/or the Issuer reserve the right to refuse service, suspend, or terminate access for any reason consistent with applicable law.6. KYC/AML and Identity Verification
6.1 All Users must complete identity verification and KYC/AML requirements before accessing card and transaction services. KYC verification is performed directly by Rain. 6.2 You must provide accurate and complete information including: (a) full legal name and date of birth; (b) valid government-issued photo identification; (c) proof of address; (d) tax identification number (where applicable); (e) banking or payment method information; and (f) any additional information required by applicable law. 6.3 By using the Services, you consent to the collection, processing, and sharing of your personal information with Rain, the Issuer, and third-party verification providers for KYC/AML compliance purposes. 6.4 BonkX and/or Rain may refuse service, suspend, or terminate accounts if verification fails, information is false or incomplete, or continued service would create unacceptable risk. 6.5 Users must promptly notify BonkX and Rain of changes to verification information and may be required to undergo periodic re-verification. 6.6 Crypto Travel Rule Compliance. You acknowledge that applicable law and regulation, including the Financial Action Task Force (FATF) Travel Rule, may require the collection and transmission of sender and recipient information in connection with cryptocurrency transfers. You agree to promptly provide any information requested by BonkX or the Card Program Partners to comply with the Travel Rule. Failure to provide requested information may result in delays, suspension, or rejection of Transactions.- User Wallet and Security Responsibilities
- Prohibited Activities and Acceptable Use
- Supported Blockchains and Network Upgrades
- Transaction Risks and Blockchain Disclaimers
- Fees and Fee Schedule
- Membership and Subscription
- BonkX Points (BXP) Rewards Program
- Limitations of Liability
- Indemnification
- Intellectual Property
- Termination and Suspension
- Third-Party Services and External Links
- Data Protection and Privacy
- Communications and Consent
- Governing Law and Dispute Resolution
- General Provisions
- Subscription Plans
- Billing and Renewal
- Cancellation
- Price Changes
- Pause
- Self-Custody and Private Key Risks
- Cryptocurrency Volatility
- Collateral and Liquidation Risks
- Blockchain and Smart Contract Risks
- Network Upgrade and Multi-Chain Risks
- Regulatory and Legal Risks
- Third-Party Service Risks
- Card Program Risks
- Security Risks
- No Insurance or Guarantees
- Tax Risks
- General Disclaimer