# Welcome Source: https://docs.bonkx.io/index Welcome to **BonkX** — the neobank that bonks back. We built real banking for people who live on-chain but still buy coffee: a card that spends crypto anywhere Visa goes, virtual bank accounts in real currencies, and zero "your transaction is under manual review for the 9th time" energy. These docs cover all of it — how-to guides, FAQs, the bits worth knowing before you swipe. Sign up. Get your card. Top up. Bonk. Bonk X Docs Welcome # Account opening privacy notice Source: https://docs.bonkx.io/legal/account-opening-privacy-notice | Why? | Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. | | ----- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | | Why? | Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. | | What? | The types of personal information we collect and share depend on the product or service you have with us. This information can include: When you are no longer our customer, we continue to share your information as described in this notice. | | How? | All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Issuer chooses to share; and whether you can limit this sharing. | | Reasons we can share your personal information | Does Issuer share? | Can you limit this sharing? | | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------ | --------------------------- | | For our everyday business purposes — such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus | Yes | No | | For our marketing purposes — to offer our products and services to you | Yes | No | | For joint marketing with other financial companies | Yes | No | | For our affiliates’ everyday business purposes — information about your transactions and experiences | Yes | No | | For our affiliates’ everyday business purposes — information about your creditworthiness | No | WE DON’T SHARE | | For our affiliates to market to you | No | WE DON’T SHARE | | For nonaffiliates to market to you | No | WE DON’T SHARE | ### Questions? Call **+1 (302) 275-4080** or go to [https://bonkx.io/](https://bonkx.io/) | Who we are | | | ----------------------------- | ------- | | Who is providing this notice? | Issuer. | | What we do | | | ------------------------------------------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | How does Issuer protect my personal information? | To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. | | How does Issuer collect my personal information? | We collect your personal information, for example, when you We may also collect your personal information from others, such as credit bureaus, affiliates, and other companies. | | Why can’t I limit all sharing? | Federal law gives you the right to limit only State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. | | Definitions | | | --------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | Affiliates | Companies related by common ownership or control. They can be financial and nonfinancial companies. Issuer does share with our affiliates. | | Nonaffiliates | Companies not related by common ownership or control. They can be financial and nonfinancial companies. Issuer does not share with nonaffiliates so they can market to you. | | Joint marketing | A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Issuer may partner with certain non-affiliated financial companies to offer financial products and services to you. | ### Other important information **California and Vermont**: In accordance with state law, we will not share your personal information with nonaffiliates except as permitted by law, including for example, for our own marketing purposes, for everyday business purposes, such as servicing your account, or with your consent. **Nevada**: You are being provided this notice pursuant to Nevada law. You may be placed on our internal Do Not Call List by following the directions in the To Limit our Sharing section above. Nevada law requires that we provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington Ave., Suite 3900, Las Vegas, NV 89101; Phone number: 702-486-3132; email: [agInfo@ag.nv.gov](mailto:agInfo@ag.nv.gov) **North Dakota**: In accordance with North Dakota law, we will not share information we collect about you with companies outside of our corporate family, except as permitted by law, including, for example, with your consent, to service your account. Residents of North Dakota are opted out from nonaffiliate marketing by default. We will limit sharing among our companies to the extent required by North Dakota law. # BonkX Card terms for US consumer program Source: https://docs.bonkx.io/legal/bonkx-card-terms-for-us-consumer-program | Interest rate and interest charges | | | ------------------------------------------------------------------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | Annual Percentage Rate (APR) for Purchases | 0.00% | | APR for Balance Transfers | N/A | | APR for Cash Advances | N/A | | Paying Interest | You will not be charged interest on purchases. Your due date for payment of amounts owed on your Card is 21 days after the close of each billing cycle. | | Minimum Interest Charge | There is no interest chargeable to this Credit Card. | | For Credit Card Tips from the Consumer Financial Protection Bureau | To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at: [http://www.consumerfinance.gov/learnmore](http://www.consumerfinance.gov/learnmore) | | Fees | | | ----------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------- | | Annual Fees | None | | Transaction | Fees | | Penalty | Fees | **How We Will Calculate Your Balance**: We use a method called "average daily balance". See your Cardholder Agreement for more details. **Billing Rights**: Information on your rights to dispute transactions and how to exercise those rights is provided in your Card Regulations. **Military Lending Act Disclosure**: The following disclosure applies to persons covered by the Military Lending Act – other governmental programs and laws may also govern or apply to this transaction but are not described in the following disclosure. The following disclosure is required by the Military Lending Act. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). To learn if you are covered by the Military Lending Act or about the applicable rate, call us at +1 (302) 468-1270. The Arbitration and Class Waiver sections of your Agreement will not apply to you if you are covered by the Military Lending Act nor do any provisions of the Agreement that waive any right to legal recourse under any state or federal law to the extent required by the Military Lending Act. # BonkX Spend Card Terms Source: https://docs.bonkx.io/legal/card-terms-for-international-consumer-program These BonkXSpend Card Terms (the “Card Terms”) are a binding agreement between you (“you” or “your”) and the Issuer (“we”, “us”, or “our”) that governs your use of the BonkX Spend Cards, including the process for obtaining and managing BonkX Spend Cards, access to which is provided to you by BonkX Inc (“BonkX”). ### **Important Disclosures** PLEASE REVIEW THE ARBITRATION CLAUSE AND NOTICES SET FORTH BELOW IN SECTION 16. BY USING THE CARD, YOU ARE AGREEING TO THE ARBITRATION CLAUSE AND NOTICES SET FORTH IN THAT SECTION. THE ARBITRATION CLAUSE WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS PROCEEDING. Rates, fees, and other important information about your BonkX Spend Card (“BonkX Card” or “Card”) are set forth in these Important Disclosures. Effective as of May 13, 2026 Interest Rates and Interest Charges 0% Annual Percentage Rate (APR) for Purchases 0% Your BonkX Spend Card is currently Zero 0% interest on all purchases. Issuer and BonkX reserve the right to implement interest in the future, for new purchases. BonkX will disclose any changes to this agreement prior to the introduction of interest and other charges associated with your BonkX Card. ### **Fees** Transaction Fee Foreign Purchases * Foreign Exchange Fee (non USD): up to 3% * Cross Border Fee: up to 3% Penalty Fees * Late payment: Up to \$40 * Returned payment: Up to \$29 ‍WHEN YOU APPLY FOR A CARD ACCOUNT, ACTIVATE A CARD, OR OTHERWISE PARTICIPATE IN THE PROGRAM IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE CARD TERMS. ### **Terms** Background: The BonkX Card is provided to you on behalf of BonkX in connection with your status as BonkX customer and pursuant to your separate BonkX User Agreement (International) between you and BonkX (the “User Agreement”). The Issuer is not a party to the User Agreement and disclaims any liability for the performance of services covered therein. BonkX has opened a BonkX Account for purposes of facilitating transactions you make using a Card based on a limit established by BonkX pursuant to the User Agreement. You understand that you have access to the Services and BonkX Card only to the extent authorized by the BonkX. You acknowledge and agree that BonkX will satisfy obligations created through your use of the BonkX Card and you will repay BonkX based on the terms of your User Agreement, subject to the terms below. In the event of a conflict between these Card Terms and your User Agreement, these Card Terms will control. Details on BonkX’s collection, use, and handling of your personal data are described in BonkX Privacy Policy. Please review it carefully and contact BonkX if you have any questions. By opening, using, or maintaining a Card, you consent to and direct Issuer to share information relating to transactions, including receipt information or other personal data, in order to deliver the Services. ### **Issuer** The card program is issued by the Issuer under license from Visa. The information about the cost of the Card described in the above table is accurate as of May 13, 2026. This information may change after that date. To find out what may have changed, call or write the servicer, at [support@bonkx.io](mailto:support@bonkx.io) and +1 (302) 275-4080 . Issuer reserves the right to amend these Card Terms or impose additional obligations or restrictions on you at any time with or without notice to you. 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 Card Terms were last updated. Capitalized terms that are not defined here have the definitions provided in theUser Agreement. BonkX provides technology services in connection with the BonkX Card, and is not a bank, credit union, or money services business and does not itself extend credit, set interest rates, determine repayment terms or hold Collateral. Nothing in these Card Terms shall be construed as creating a lender-borrower relationship between you and BonkX. You acknowledge and agree that BonkX: 1. is an express third-party beneficiary of these Card Terms, with the limited right to enforce obligations that directly relate to its role; 2. is not responsible for any decisions by the Issuer to approve, decline, suspend or close your Card account. BonkX may, at the request of the Issuer, the payment network or a regulatory authority, suspend or restrict your access to the BonkX platform or certain features, to protect against fraud, comply with applicable laws or manage program risk; 3. does not control and is not responsible for the operation, security, or performance of the smart contracts used to hold your Collateral; and 4. is not responsible for merchant acceptance of your BonkX Card or for resolving disputes about goods or services purchased with the BonkX Card. ### **Defined Terms** “Card Networks” means the payment card networks including Visa or Mastercard. “Charge” means a payment for goods or services made to a merchant that accepts payments on the applicable Card Network. “Chargeback” means a dispute that you initiate against a merchant for an unresolved dispute with the merchant or where a Charge is unauthorized. “Fee” means charges we impose on you for use of Services or your use of a BonkX Card. “Issuer” refers to Third National, including its affiliates, successors, and assigns. “Periodic Statement” means the periodic statements that reflect activity for all Cards issued to you identifying charges, fees, refunds, or other amounts owed or credited to your BonkX Account during the time covered by that statement. “Supported Blockchains” means the Ethereum Blockchain, Polygon Blockchain, Optimism Blockchain, Arbitrium Blockchain and other blockchain networks which may be added at the sole discretion of Issuer.We may update this list of Supported Blockchains at any time and at our sole discretion. ### Agreement #### 1. Accepting this Agreement & Eligibility These Card Terms become effective and legally binding when you activate or create your Card by following the instructions on the BonkX platform. You and we agree to comply with, and be bound by, this entire agreement. You should retain and carefully review these Card Terms. By creating a Card, you agree to the Arbitration Clause below as it pertains to these Card Terms, even if you do not use the Account or the Card. By using a Card 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 will use the Services exclusively for purposes permitted by these Card Terms. * All information you provide to us, either directly or through BonkX, is and will be true, correct, and complete. * You will use the BonkX Card for personal, family, or household use. * You will only use the BonkX Card in compliance with applicable law * You attest that you are not a United States citizen, and that you are signing up for a card that is intended for those outside of the United States. * You attest that you were not solicited for this Card. #### 2. Issuer Terms The Issuer is identified on the back of the BonkX Card issued to you and is responsible for funding your payments for goods and services you purchase at a merchant through your BonkX Card and based on information provided by Partner. Please note that the Issuer may require you to accept additional terms in addition to the agreements you have with BonkX, and your use of theBonkX Cards will then also be subject to such additional terms. #### 3. Collateral This Account is a secured Account.Either your primary Linked Wallet or any Additional Wallets may provide the collateral that will secure the Charges made by you on any Card (the “Collateral”). The Collateral must be held in a wallet on a Supported Blockchain. By entering into these Card Terms, you are furnishing and granting us a security interest in the Collateral, as well as any additions to, substitutions or renewals of the [Collateral.No](http://Collateral.No) portion of the Collateral may be used by you to secure other loans. A “Liquidation Event” will occur a) if you have an outstanding payment obligation to BonkX or the Issuer, as applicable, and such payment obligation has not been paid in full by you within one (1) calendar day; OR b) the Market Value of your Collateral drops below the value of the existing charges on your BonkX Card(s) and you do not add additional collateral or reduce the value of the existing charges to less than the Market Value of the Collateral by making a payment.BonkX and Issuer may allow for an additional grace period at their discretion. “Market Value” of the Collateral will be determined by BonkX and/or Issuer using the net redemption value provided by a centralized stablecoin issuer and/or the real time price posted on a reputable and recognized exchange or price aggregator, or by reference to a price oracle, subject to BonkX or Issuers discretion. You agree to pay all transaction costs or “gas” fees relating to the any Liquidation transaction and that all such costs or fees will be paid from your Collateral and will not be credited to your Account. You agree that the market value of your collateral is determined solely by Issuer through the above methods. You further agree that the Market Value is determined at the time of a Liquidation Event and any change in or fluctuation in value of the Collateral before or after a Liquidation Event will have no bearing on obligations owed to BonkX and/or Issuer. You, through one or more of your Linked Wallet or Additional Wallets, must ensure that the Collateral has a Market Value in United States Dollars (“USD”) that is greater than or equal to the value of all unpaid Charges to all of your BonkX Cards. For example, if you provide Digital Assets with a Market Value equal to \$100 of value in USD, and that Market Value does not change, your spending limit will be equal to \$100 USD across all your BonkX Cards. Once \$100 USD has been charged to your BonkX Cards, you will be required to either make a payment or to provide additional Collateral in order to make any additional Charges. If, at any time, the Market Value of your Collateral becomes less than the value of all unpaid Charges, we may require you to add to the Collateral or you may be subject to a Liquidation Event, at our discretion. If the Market Value of your Collateral is subject to a Liquidation Event when the Market Value is below your existing charges, you still owe BonkX and Issuer any difference between the USD value of the charges, and the USD value of the collateral at the time of the Liquidation Event. Your withdrawal of any Collateral will not terminate any outstanding payment obligations you may have on your BonkX Cards. BonkX and Issuer will not, in any circumstance, be holding custody of your Collateral. Issuer is not a custodian or owner of your Collateral. You authorize and consent to BonkX or Issuer liquidating the Collateral upon a Liquidation Event through a third party or by other means in order to satisfy payment obligations owed by you to BonkX, the Issuer or other third party, as applicable. You acknowledge and agree that the Supported Blockchains, including any Supported Blockchains that consist of or include tokenized assets, are issued and managed by third parties, and are subject to their own terms, conditions, and risks. We and Partner make no representations or warranties regarding any Supported Blockchain, or any underlying Collateral related to such Supported Blockchain, including but not limited to their value, liquidity, stability, yield, rewards, or any other attributes. We and Partner expressly disclaim all responsibility and liability for any losses, fluctuations, or other outcomes arising from the ownership, use, performance, or characteristics of any Supported Blockchain and/or Collateral. You are responsible for evaluating and accepting the risks associated with any Supported Blockchain you use to provide Collateral. You waive any right to require us to: (a) proceed against any other person; (b) proceed against or exhaust any security held under these Card Terms; or (c) pursue any other remedy available to us under applicable law. We may, without prior notice, and from time to time: (a) renew, compromise, extend, accelerate or otherwise change the terms relating to the Account; (b) take and hold security (other than the Collateral) for payment of the Account and enforce, exchange and release the security in any manner that we determine is proper; (c) release or substitute any person, guarantor, or endorser of the Account; and (d) increase or lower the Credit Limit on your Account, and no such action shall change the fact that the Collateral shall at all times serve as security for the Account. #### 4. Spending Limits Your spending limit is generally set by BonkX pursuant to the terms of the BonkX Terms and the amount of Collateral. Issuer may additionally set spending limits on each BonkX Card or an aggregate spending limit across allBonkX Cards, at its sole discretion. BonkX Account Spending limits are dynamic and may be modified at any time with or without notice to you, including temporary increases or decreases or reducing spending limits to \$0. Any authorized Charge or fee on a BonkX Card may reduce your spending limit by a corresponding amount. When you use your BonkX Card to initiate a transaction at certain merchants where the amount of the final transaction is unknown at the time of authorization, Issuer may assess a value to such a Charge for an amount higher or lower than the final Charges. This initial “hold” Charge will reduce your spending limit until the final Charge is determined. #### 5. Purchases & Restrictions BonkX and Issuer reserve the right to block and terminate transactions and suspend access to your Account, unless prohibited by applicable law, at any time and for any reason, including if we believe that you are using the Card or your Account for non-consumer purposes. You may use your Account to purchase or lease goods or services (each, a “Purchase”) by presenting your Card or providing to participating merchants and establishments that honor the Card your Card number and additional information by any other means (for example, over the phone, online or through a mobile app). We will not be liable to you (or anyone else) if any merchant or other person cannot or will not process a purchase permitted under these Card Terms. Unless prohibited by applicable law, we may from time to time limit the type, number and dollar amount of any purchase, including any cash-like transaction, even if you have sufficient available credit to complete the purchase. Cash-like transactions include, but are not limited to, the following transactions to the extent they are accepted: * purchasing travelers checks, foreign currency, money orders, wire transfers, cryptocurrency, other similar digital or virtual currency and other similar transactions; * purchasing lottery tickets, casino gaming chips, race track wagers, and similar offline and online betting transactions; * person-to-person money transfers and account-funding transactions that transfer currency; and * making a payment using a third-party service including bill payment transactions not made directly with the merchant or their service provider. We reserve the right to deny any purchase for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the purchase. We may terminate or suspend your use of the Card or the Account, with or without notice to you before or at the time we take such action. Cash advances and balance transfers are not available under these Card Terms. You acknowledge and agree that you have read and understood the URL for BonkX prohibited activities list: [https://docs.bonkx.io/legal/prohibited-activities-policy](https://docs.bonkx.io/legal/prohibited-activities-policy) and that you will not engage in any such activities when using the Services or the BonkX Card. You acknowledge and agree that you will not use the BonkXCard (1) for any expense which is not an expense incurred by you; (2) for any purpose prohibited by these Card Terms; or (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). You will use all reasonable means to protect your BonkX Cards and log-in credentials to the BonkX Account from unauthorized use. You will not allow any other person or third party to use the Services or the BonkX Card on your behalf. You will immediately notify us where you know or suspect that access to your BonkX Account has been compromised or your BonkX Card has been lost, stolen, or compromised in any way. #### 6. Payments 6.1 Promise to Pay While you will generally repay BonkX for amounts transacted with your Card, you also promise to pay Issuer or its assignees for all amounts charged to the Account not repaid to Issuer by Partner, including all purchases, interest, and charges charged to your Account. Except as prohibited by applicable law, you are obligated to repay BonkX or its assignees, for all transactions made using your Card by people you have authorized to use the Card even if their use of the Card exceeds the authorization which you gave them, 6.2 Periodic Statements You are responsible for payment in full of all Charges and Fees. Your BonkX Account may furnish to you Periodic Statements identifying Charges, Fees, refunds, the amount of your Collateral, any other Card transactions, or other amounts owed or credited to your BonkX Account. Periodic Statements may be made accessible to you on your BonkX Account daily, monthly, or as otherwise prescribed by Issuer. You must notify us promptly if you believe that there are any errors on your Periodic Statement, and submit any disputes or Chargebacks in accordance with these Card Terms. We are not obligated to send you a monthly statement if we deem your Account to be uncollectible or applicable law does not require us to send you a monthly statement for other reasons. Your failure to get a statement will have no bearing on your obligations and BonkX and Issuer may still liquidate your collateral per Section 3 of this agreement. 6.3 Repayment Where applicable, you may make a repayment for a balance on one or more of your BonkX Cards by any means that are permitted by BonkX and as provided in your BonkX Account. Any failure to pay the full amount owed to BonkX or the Issuer, as applicable, when required is a breach of these Card Terms. You are responsible for all costs or expenses that we may incur in collecting amounts owed but not timely paid, including legal or collections fees and any interest at the maximum rate permitted under law. 6.4 Prepayment At any time and where applicable, you may pay all or any part of your outstanding Account balance, without penalty. Payment of more than the payment due in one billing cycle will not relieve you of the obligation to pay the entire payment due in subsequent billing cycles. #### 7. Fees. 1. The Fees applicable to your Account are described above. You are responsible for Fees in addition to Charges. 2. Returned Payment fees become payable by you each time a payment on your Account is returned or reversed for any reason or we must return any check, instrument, or transaction you send us because it is incomplete or faulty, we will charge you a returned payment fee of \$00.00. However, we will not charge a returned payment fee if we are charging a late fee with respect to the same minimum payment due and will never charge a returned payment fee exceeding the minimum payment due that was due immediately prior to the date on which the payment was returned to us. 3. Foreign Currency Transactions.If you make a transaction using your Account in a foreign currency (including, for example, online purchases from a merchant located outside of the U.S.), the credit card association will convert any transaction in foreign currency into U.S. dollars using an exchange rate for the applicable central processing date that is (1) selected by the association from the range of rates available in wholesale currency markets, which rate may vary from the rate the association receives, or (2) the government mandated rate. The conversion rate you get may differ from the rate on the transaction date or the posting date, and from the rate that the credit card association gets. A merchant or other third party may convert a transaction into U.S. dollars or another currency, using a rate they select, before sending it to the credit card association. 4. Additional Services.We may, from time to time, make additional services available to you directly or through affiliated or non-affiliated third parties.Without limitation, such services may include providing you with virtual accounts in order to enable you to use your Account or otherwise engage in various financial transactions that we do not directly provide.Each such service is subject to its own terms and conditions, and we shall not be responsible to you for any aspect of those services.We may permit you to charge any applicable fees for such services to your Account. You acknowledge and agree that we may receive compensation or otherwise benefit as a result of making such services available to you. #### 8. Managing Your BonkX Cards 8.1 Requesting and Replacing Cards We or BonkX may decide not to grant requests for BonkX Cards or limit the number of physical or virtual BonkX Cards provided to you. You are responsible for securing BonkX Cards, account numbers, and BonkX Card security features. You will promptly notify us and take appropriate measures to prevent unauthorized transactions when a BonkX Card is lost, stolen, breached, or needs to be replaced. In such cases, you may request the issuance of replacement BonkX Cards through your BonkX Account. Replacement Cards may have new account numbers that could require you to update the BonkX Card on file for any scheduled or recurring payments. You are solely responsible for updating BonkX Card information stored with merchants where account numbers have been changed. 8.2 Permitted and Unauthorized Use You agree to establish and maintain controls designed to ensure that the BonkX Cards are only used by you and your permitted authorized users for bona fidepurposes and in compliance with these Card Terms, any Issuer terms, and applicable law. You are responsible for Charges and transactions made by any person given access to BonkX Cards even if they are not the person associated with or named on the BonkX Card. BonkX, Issuer, Card Networks, or other intermediary third-party service providers (including merchant acquirers) may deny or reverse Charges for any reason. Issuer is not responsible for any losses, damages, or harm caused by any Charges that are denied or reversed. 8.3 Lost or Stolen Cards. If your Card is lost or stolen or if you think someone may be using your Card or Account without your permission, you must notify us promptly by emailing us at [support@bonkx.io](mailto:support@bonkx.io) or calling us at +1 (302) 275-4080. You will not be liable for any unauthorized use that occurs after you notify [us.You](http://us.You) may, however, be liable for unauthorized use that occurs before receipt of your notice by us. You have an obligation to assist us in our investigation if your BonkX Card is lost or stolen or you believe someone is using your BonkX Card or your BonkX Account without your permission. #### 9. Chargebacks You are responsible for reviewing your Periodic Statements promptly and identifying any Charges that you believe are unauthorized or that you dispute. If you and a merchant have a dispute regarding a Charge identified on your Periodic Statement, such as delivery of incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant. If the dispute is not resolved to your satisfaction or if you believe the Charge is unauthorized, you may initiate a Chargeback through your BonkX Account. You must report any disputed Charge or error no more than 60 days after the disputed Charge is posted on your Periodic Statement. We may require additional details on the transaction and our review of your disputed Charge will be conditioned on you providing all of the information we may require to review the disputed Charge. You understand that the BonkX Card is subject to Card Network rules regarding chargebacks. The Card Networks have additional established procedures for resolving chargebacks that may require you to provide further details of the disputed Charge or associated documentation. Charges relating to disputed Charges and Chargebacks that are pending resolution may still be due and owing as of the date that payment is due as provided in the applicable Periodic Statement. Chargebacks resolved in your favor will be credited to your BonkX Account on either the current or a future Periodic Statement. We may impose Fees, reduce your spending limits, or suspend access to your BonkX Account or the Services if you fail to pay Charges relating to Chargebacks that are pending resolution on the payment date. #### 10. Termination Subject to applicable law, we may suspend, revoke or cancel your Account privileges, your right to use the Card or deny any transaction, in our sole discretion at any time, with or without cause and with or without giving you notice.Any termination of credit privileges, whether initiated by us or by you, will not affect any of our rights or your obligations under these Card Terms, including your obligation to repay any amounts you owe us according to the terms of these Card Terms. On our demand or upon termination of credit privileges, you agree to surrender to us or destroy the Card. If you attempt to use the Card after the termination of credit privileges (whether or not we have provided notice of such termination), the Card may be retained by a merchant, ATM or financial institution where you attempt to use the Card. #### 11. Change of Terms Subject to applicable law, we may at any time change, add to or delete terms and conditions of these Card Terms, including interest rates and this Change of Terms provision. Such changes may be based on our anti-fraud policies and procedures, your level of compliance with these Card Terms, prevailing economic conditions and/or any other factors. We will give you notice of any change, addition or deletion as required by applicable law. As of the effective date, the changed terms, at our option, will apply to new purchases and the outstanding balances of your Account, to the extent permitted by applicable law. #### 12. Default and Remedies We may consider you in default of these Card Terms if: * You do not make any payment when it is due; * Any payment you make is rejected, not paid or cannot be processed; * You exceed a credit limit; * A bankruptcy or other insolvency proceeding is filed by or against you; * We determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise tried to defraud us; * We reasonably believe that you are or may become unable to pay all of your financial obligations; or * You do not comply with any term of these Card Terms or any other agreement with us. In the event of your default under these Card Terms, we may, subject to applicable law (including any applicable notice requirement): (a) declare all or any portion of your outstanding Account balance to be immediately due and payable; (b) instead allow you to repay your Account balance by paying the minimum payment due each billing cycle, without waiving any rights under subsection (a); and/or (c) commence a collection action against you and charge you for any court costs and/or any reasonable attorneys’ fees and costs we are charged in connection with such action by any attorney who is not our salaried employee. After a default, interest charges will continue to accrue until your total Account balance, including accrued interest charges, is paid in full, subject to applicable law. #### 13.Delay in Enforcement We may at any time and in our sole discretion delay or waive enforcing any of our rights or remedies under these Card Terms or under applicable law without losing any of those or any other rights or remedies. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later date. For example, we may accept late payments without losing any of our rights under these Card Terms. #### 14. Communications and Call Recording You authorize BonkX, Issuer and their partners (each of Issuer’s affiliates, agents, assigns, and service providers (collectively, the “Messaging Parties”) to use automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems, or any system capable of storing and dialing telephone numbers to deliver messages relating to these Card Terms, your Account, or your relationship with the Messaging Parties more generally (including but not limited to: messages about upcoming payment due dates, missed payments and returned payments) to any telephone number(s) you provide to the Messaging Parties. You also agree that these messages may deliver prerecorded and/or artificial voice messages. You understand that telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else, and that these messages may also be recorded by your answering machine. You also authorize the Messaging Parties to deliver messages to you via mail or email at any addresses you supply to them or that they obtain through any legal means. By accepting these Card Terms or using your Card, you acknowledge that you have received, reviewed, and agree to be bound by the Issuer’s E-Sign & Electronic Communications Notice (the “E-Sign Notice”), which is incorporated herein by reference. You consent to receive all disclosures, notices, agreements, and other communications from Issuer and the Messaging Parties in electronic form, in accordance with the E-Sign Notice. You agree that such electronic communications satisfy any legal requirement that such communications be in writing. The E-Sign Notice may be amended by Issuer from time to time, and your continued use of the Card after any such amendment constitutes your acceptance of the amended E-Sign Notice. You understand that anyone with access to your mail, telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that the Messaging Parties will have no liability for such charges except to the extent required by applicable law. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. If any telephone number you have provided to the Messaging Parties changes, or if you cease to be the owner, subscriber, or primary user of any such telephone number, you agree to immediately give notice to the Messaging Party who delivered the messages of such facts so that the Messaging Party can update its records. This authorization is part of our bargain concerning these Card Terms, and we do not intend it to be revocable. However, to the extent you have the right to revoke your consent to communications by autodialed calls and text messages to your mobile number under applicable law, you may exercise this right by contacting the applicable Messaging Party directly or by sending a request by email to [support@bonkx.io](mailto:support@bonkx.io) with the subject line “END COMMUNICATIONS.” You may opt-out of receiving most of these messages at any time by sending us a request to [support@bonkx.io](mailto:support@bonkx.io) or by responding “STOP” to any text message. To stop emails only, you can follow the opt-out instructions included at the bottom of the Messaging Parties’ emails. #### 15. Governing Law These Card 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 below must be brought in state or federal court in Puerto Rico, unless we both agree in writing to some other location, and you hereby consent to the venue and personal jurisdiction of such court. #### 16. Dispute Resolution & Arbitration PLEASE READ THIS "DISPUTE RESOLUTION AND ARBITRATION" PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ISSUER. BONKX IS THE TECHNOLOGY PROVIDER FOR THE CARD BUT IS NOT THE ISSUER, CREDITOR OR LENDER. BONKX IS NOT A PARTY TO THESE CARD TERMS AND HAS NO LIABILITY FOR THE ISSUER’S OBLIGATIONS UNDER IT. HOWEVER, BONKX IS AN EXPRESS THIRD-PARTY BENEFICIARY OF THESE CARD TERMS WITH RESPECT TO ANY PROVISIONS THAT ALLOCATE RISK, DISCLAIM LIABILITY, LIMIT REMEDIES OR REQUIRE DISPUTES TO BE RESOLVED THROUGH ARBITRATION. ACCORDINGLY, TO THE EXTENT A DISPUTE INVOLVES BONKX, BONKX SHALL BE ENTITLED TO INVOKE AND BENEFIT FROM THE SAME PROTECTIONS, LIMITATIONS AND DISPUTE RESOLUTION PROCEDURES AS THE ISSUER. TO THE EXTENT YOU HAVE ANY DISPUTE YOU MAY HAVE WITH BONKX RELATING SOLELY TO SERVICES PROVIDED TO YOU UNDER YOUR SEPARATE USER TERMS WITH BONKX, SUCH DISPUTES WILL BE GOVERNED EXCLUSIVELY IN ACCORDANCE WITH THE BONKX USER TERMS. Binding Arbitration: (a) You and Issuer agree that any and all past, present and future Disputes (defined below) shall be determined by arbitration, unless your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and Issuer further agree that any arbitration pursuant to this section shall not proceed as a class, group or representative action. The award of the arbitrator may be entered in any court having jurisdiction. “Dispute” means any dispute, claim, or controversy between you and Issuer that arises out of or relates to (i) these Card Terms (including any addenda hereto or other terms incorporated herein by reference), (ii) the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of the agreement to arbitrate hereunder, or (iii) any Services (including, without limitation, the BonkX Card). (b) This agreement to arbitrate shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Card Terms. Arbitration Procedure: (a) Before filing a claim against Issuer, you agree to try to resolve the Dispute informally by providing written notice to Issuer of the actual or potential Dispute. Similarly, Issuer will provide written notice to you of any actual or potential Dispute to endeavor to resolve any claim we may possess informally before taking any formal action. The party that provides the notice of the actual or potential Dispute (the "Notifying Party") will include in that notice (a "Notice of Dispute") your name, the Notifying Party's contact information for any communications relating to such Dispute, and sufficient details regarding such Dispute to enable the other party (the "Notified Party") to understand the basis of and evaluate the concerns raised. If the Notified Party responds within ten (10) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions in an effort to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith. (b) If, notwithstanding the Notifying Party's compliance with all of its obligations under the preceding paragraph, a Dispute is not resolved within thirty (30) days after the Notice of Dispute is sent (or if the Notified Party fails to respond to the Notice of Dispute within ten (10) business days), the Notifying Party may initiate an arbitration proceeding as described below. If either party purports to initiate arbitration without first providing a Notice of Dispute and otherwise complying with all of its obligations under the preceding paragraph, then, notwithstanding any other provision of these Card Terms, the arbitrator(s) will promptly dismiss the claim with prejudice and will award the other party all of its costs and expenses (including, without limitation, reasonable attorneys' fees) incurred in connection with such Dispute. (c) You and Issuer each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, except as set forth under Section 12.3 below. You and Issuer agree that the American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules (the "Rules"). The Rules are available at [www.adr.org](http://www.adr.org) or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit, subject to any effective and enforceable limitations of liability or exclusions of remedies set forth herein. Notwithstanding any language to the contrary in this paragraph, if a party seeks injunctive relief that would significantly impact other Issuer users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may -- if selected by either party or as the chair by the two party-selected arbitrators -- participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential. (d) You and Issuer further agree that the arbitration will be held in the English language in New York, New York, or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means. (e) Filing costs and administrative fees shall be paid in accordance with the AAA Rules; provided that the prevailing party will be entitled to recover its reasonable attorneys' fees, expert witness fees, and out-of-pocket costs incurred in connection with the arbitration proceeding, in addition to any other relief it may be awarded. (f) You and Issuer agree that, notwithstanding anything to the contrary in the Rules, the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Issuer may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Issuer will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR ISSUER SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. Without limiting the foregoing, any challenge to the validity of this paragraph shall be determined exclusively by the arbitrator. Small Claims: Notwithstanding your and Issuer’s agreement to arbitrate Disputes, You and Issuer retain the right to bring an individual action in small claims court. Class Waiver: To the extent applicable law permits, any dispute arising out of or relating to these Card Terms, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding any other provision of these Card Terms or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration. No Jury Trial: If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Card Terms. Venue and Jurisdiction for Judicial Proceedings: Except as otherwise required by applicable law or provided in these Card Terms, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and Issuer agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Puerto Rico. Both you and Issuer irrevocably consent to venue and personal jurisdiction in Puerto Rico; provided that either party may bring any action to confirm an arbitral award in any court having jurisdiction. Confidentiality: The existence of all information regarding any Dispute will be held in strict confidence by the parties and will not be disclosed by either party except as reasonably necessary in connection with the conduct of the arbitration or the confirmation or enforcement of any arbitral award. Any such permitted disclosure will, to the maximum extent reasonably practicable, be made subject to obligations of confidentiality at least as stringent as the provisions of this paragraph. If any disclosure of information regarding any Dispute is required under applicable law, the parties shall reasonably cooperate with one another to obtain protective orders or otherwise to preserve the confidentiality of such information. #### 17. Survival The following provisions of these Card Terms shall survive any termination or expiration of these Card Terms and shall remain in full force and effect until all of your obligations to us have been fully and finally satisfied: (a) all of your payment obligations and our right to collect all amounts owed by you; (b) all security interest, collateral, and setoff provisions, including our rights in any Collateral; (c) any indemnification obligations; (d) the limitation of liability provisions; (e) the disclaimer of warranties provisions; (f) the dispute resolution and arbitration provisions, including the class waiver; (g) our communications and contact rights; (h) our assignment rights; (k) any waiver provisions; (l) all representations and warranties made by you; (m) any accrued rights, remedies, or causes of action in favor of either party; and (n) any other provision that by its nature or express terms is intended to survive. #### 18. Severability If any provision of these Card Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Card Terms. The remaining provisions shall remain in full force and effect. Notwithstanding the foregoing paragraph, in the event that a court finds the prohibition of Collective Arbitration in Section 16 to be invalid or unenforceable, then all provisions in Section 16 shall be deemed void, except for any portion of any provision in Section 16 related to the resolution of Disputes through litigation in court. #### 19. Assignment These Card Terms will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account, these Card Terms, or any of our rights or obligations therein, to another company or person at any time, without your permission and without prior notice to you. If we do, they will take our place under these Card Terms. You must pay them and perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person. #### 20. Entire Agreement These Card Terms constitute the entire agreement between you and Issuer regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, representations, and communications whether written or oral, regarding such subject matter. #### 21. Force Majeure Weshall not be liable for any delay or failure to perform any obligation under these Card Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, epidemics or pandemics, internet or telecommunications failures, or failures of third-party service providers. #### 22. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. #### 23. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ISSUER, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. IN NO EVENT SHALL ISSUER’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCOUNT EXCEED THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES PROVEN OR (B) THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. #### 24. Indemnity You will indemnify and defend Issuer, its affiliates, and its partners, directors, officers, employees, agents, trustees, administrators, managers, advisors, and representatives (each an “Indemnitee”) against, and hold each Indemnitee harmless from, any and all claims, litigation, investigations, proceedings, losses, damages, fines, penalties, liabilities, settlements, costs, fees, and expenses incurred by any Indemnitee or asserted against any Indemnitee by any person arising out of, in connection with, related to, or as a result of your (i) breach of any of the representations, warranties, or covenants contained in these Card Terms; or (ii) gross negligence, fraud, or violation of any applicable law or rights of any third-party. Issuer may defend any claim subject to indemnification hereunder, using counsel of its choice, and you will pay or promptly reimburse Issuer for the reasonable fees of such counsel and all related costs and reasonable expenses. If you are a user from a jurisdiction that does not allow certain indemnification obligations, you agree that this indemnity is intended to be as broad as permitted under the laws of such jurisdiction. # E-sign and electronic communications Source: https://docs.bonkx.io/legal/e-sign-and-electronic-communications Last updated: May 7, 2026 ### Your Consent to Electronic Delivery You are applying to access Rain Products. If you consent to this E-Sign & Electronic Communications Notice (“Notice”) for Rain Products, it applies even if you do not obtain access to (or are not approved for) a Rain Product. Your affirmative consent to this Notice (“Your Consent”) permits us to provide you with Communications electronically, enables you to sign and authorize Communications electronically through the use dashboards or application platform interfaces provided by Rain (the "Platform"), and allows Rain and its partners to collect such electronic signatures and authorizations. If you do not consent to electronic delivery of Communications, you will not be able to use the Platform or access Rain Products. By using the Platform, registering for a Rain account, or accessing a Rain Product, you agree that such actions constitute Your Consent to us providing notices to you, your Company Administrators, and your Company Users, including in each case those required by law, and you agree to ensure that all Company Administrators and Company Users consent to receiving user notifications electronically. You understand that Your Consent has the same legal effect as a physical signature.  You have the right to receive legal disclosures, notices, and communications (together, the “Covered Items”) in paper form by mail, including, without limitation, servicing and collection Communications on your account, legal disclosures, notices and communications that Rain is required to provide in writing regarding your account.  We may instead provide these Covered Items to you electronically if you: (1) give us Your Consent to do so and (2) satisfy the System Requirements (as defined below).  In this Notice:  * “Communications” means all disclosures, notices, agreements, amendments, statements, correspondence, and other information or documents that we are required or choose to provide to you in connection with any Rain Product, whether required by law or otherwise, including without limitation account opening disclosures, periodic statements, privacy notices, fee disclosures, and any other records relating to the servicing, collection, or administration of your account; * “BonkX Inc” means the company that is applying for or using a Rain Product, and is providing you access to such Rain Product; * “BonkX Inc. Administrator” means an individual at Company with the authority to grant you access to a Rain Product; * “BonkX Inc. User” means an individual authorized to use a Rain Product on Company’s behalf; * “Rain” means Signify Holdings, Inc. and any of its current or future subsidiaries, including without limitation Nimbus LLC d/b/a Third National, Rain Payments Services, Inc., and Rain Products, Inc., affiliates, successors, or assigns;  * “Rain Products” means products or services offered by us, including, without limitation, virtual accounts,, credit cards, prepaid cards, or Rain Spend accounts; and * “we,” “us,” and “our” refer to Rain and our service providers. ### Duration of Consent Your Consent will remain effective until: 1. you or we have terminated your access to the Rain Products you are applying for; or  2. you opt-out of electronic communications.  If you terminate any Rain Product, your Consent will still continue with respect to the pre-termination rights of Rain (including rights created by Your Consent to this Notice). See your applicable user agreement for information on how to terminate your Rain Product. ### Methods of Providing Covered Items In this document, “provide” means to deliver, give, make available, send, notify of, present, or similar terms. We may provide the Covered Items electronically through files, including those in PDF format, downloaded from our website. It is your responsibility to review the Covered Items promptly, so you can take appropriate action. ### Access to Paper Copies You may make copies of the Covered Items by using the “print” or “save” functionality of the application in which you are viewing the Covered Items (e.g., Web browser, Adobe® Reader® software). We retain copies of the Covered Items for the time periods required by law and will provide you with copies upon request within those time periods. We do not necessarily retain copies for longer than is required by law. Save or print copies of Covered Items to ensure you have them when needed. You may request a paper copy at no cost of any Covered Item by  emailing us at [support@rain.xyz](mailto:support@rain.xyz). ### Updating Your Contact Information You agree to keep your electronic contact information current so that we can communicate with you electronically. If your email address or other electronic contact information changes, you must promptly update it by emailing us at [support@rain.xyz](mailto:support@rain.xyz). If we send a Communication to the email address or other electronic contact information you have provided and it is returned as undeliverable, you may not receive future Communications until you update your contact information. We are not responsible for any Communications you fail to receive because your contact information is outdated or inaccurate.  ### Our Right to Send Paper We reserve the right to provide the Covered Items in paper form at all times at our discretion even if you have given us Consent to provide it electronically. For example, but without limitation, we may do this if we have a system outage or if we suspect fraud. Hardware and Software Requirements To access and retain the Covered Items, you must have a computing or communications device with all of the following (the “System Requirements”): * working Internet access, * a Web browser that supports 128-bit encryption (we support the latest version of Chrome®, Firefox®, Microsoft Edge®, or Safari®), * 16 MB of available memory (32 MB of available memory recommended), and * a program that can view, save and print PDF files (such as Adobe® Reader® 4.0 or higher). * You can download Adobe® Reader® by clicking here (clicking will open another browser window and take you to Adobe's website). By providing us your Consent, you confirm you meet the System Requirements. If we change the hardware or software requirements needed to access or retain Covered Items in a way that creates a material risk you will be unable to access or retain subsequent electronic Communications, we will notify you of the revised requirements and your right to withdraw Your Consent at no cost. We will not send you further electronic Communications subject to the revised requirements until you have provided a new affirmative consent. ### Withdrawing Your Consent You are free to withdraw Your Consent at any time and at no charge to you. If you do withdraw Your Consent (“Your Withdrawal”) before you obtain access to or are approved for a Rain Product, Your Withdrawal will prevent you from receiving any of the benefits of Rain Products. If, at any time, you wish to withdraw Your Consent, you may do so by emailing us at [support@rain.xyz](mailto:support@rain.xyz). Your Withdrawal will be deemed to be received and effective when we receive your email stating that you wish to withdraw Your Consent. Your Withdrawal will have no effect on the validity or enforceability of any prior electronic Communications. ### Acknowledging Your Ability to Access and Consenting to Receive Electronic Communications By providing Your Consent:  1. you confirm that you have read and agreed to the terms of this Notice; 2. you confirm that you have access to hardware and software that meets the System Requirements;  3. you agree to receive Covered Items electronically; and  4. you confirm that you are able to access, print, or store Covered Items provided to you. # Privacy policy Source: https://docs.bonkx.io/legal/privacy-policy **Last updated: May 9, 2025** **‍** This Privacy Policy provides a description of how Third National collects, uses, and shares information about you as well as your rights and choices regarding such information. "Third National", "we", "our", and "us" refers to Third National, including its affiliates, successors, assigns, and subsidiaries, and "you" or "your" refers to the natural person interacting with us. \ \ By accessing the Site or by applying for or using the Services, you represent that you have read and agree to be bound by this Privacy Policy, including consenting to our collection, use, and sharing of Personal Information. If you do not agree, please notify us in writing, close your Third National Account, delete any cookies you may have on your devices, and cease all use of the Services. \ \ This Privacy Policy applies to the Third National website at [https://3rdnational.com/](https://3rdnational.com/) (including any subdomains or mobile applications of such sites) (the “Sites”) or use of any Services (as defined in the Dashboard Agreement). Any capitalized terms not defined herein will have the meaning assigned to them in the Dashboard Agreement or accompanying agreements including but not limited to the Card Terms, the Authorized User Agreement, the Privacy Policy, and the Bill Pay Agreement. This Privacy Policy does not apply to any other website operated by any third party.\ \ We reserve the right to amend this Privacy Policy at any time. When we make changes to this Privacy Policy, they will be posted on this page and the “Last Updated” date, above, will be modified. Notwithstanding the foregoing, by continuing to use the Services, you agree to be bound by such amendments, additional obligations or restrictions.If you are a Brazilian resident, please see the additional disclosures at the end of this Privacy Policy. ### ‍**1. Introduction** In general, this Privacy Policy explains:\ What information we collect, how we use it, and the choices you can make about the way your information is collected and used. ### ‍**2. Information We Collect** **A. Information you provide to us**\ **‍**We collect information when you use or interact with our Services or Sites. This may include: 1. “Personal Information” which means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer, device, or household. Examples include:\ • First name, last name\ • Email address\ • Phone number\ • Date of Birth\ • Social Security Number, driver’s license, and / or passport as needed for account creation\ • Shipping address\\ 2. “Company Information” which means any information related to, or identifying, the Company which is using the Services. Examples include:\ ‍• Company name\ • Company address\ • Formation or other incorporation documents\ • Company jurisdiction\ • Company tax identification number\ • Company registration number\ • Beneficial owners\ • Wallet Address  ‍**B. Information we collect automatically from you**\ **‍**We or our vendors or service providers may also automatically collect information when you use the Sites or the Services to, for example, protect against fraud or to improve our products, Services, and user experience.\\ This information can include: * Your browser type; * Your device type or operating system; * Your device’s location and other information sent by your device; * Your device’s IP address; * Your interaction with the Site or the Services, such as number of clicks, landing pages and pages viewed.  We utilize session replay software to capture this information, and by using the Site or the Services you consent to our capture and use of this information.\ \ ‍ C. Information we collect from you with respect to your use of the Services. We may collect or have access to transactional information about your use of the Services. This information can include:\ ‍• Amount, type, and size of transactions or purchase details\ • Date and time of transactions\ • Merchants where you have transacted using a Third National Card\ • Repayment history\ • Financial data\\ ‍**D. Tracking and Cookie Data‍** **‍**Like many online services, we may use cookies or other tracking technologies to collect information about you. In addition, third parties may place cookies on your device to enable the collection of certain device identifier information, IP address, and information about your interactions with the Site and the Services. Cookies are small pieces of data placed on your computer, phone, or similar device when you use that device to visit the Sites or use our Services.\ \ Examples of cookies we may use:\ • Session cookies: Session cookies help us recognize users who visit our Sites.\ • Tracking cookies: Tracking cookies help us remember preferences and other settings.\ • Security cookies: Security cookies help us prevent fraud. You can decide whether to accept cookies through your internet browser’s settings. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies. If you do not accept cookies, however, you may not be able to use some or all portions of our Sites.\\ ‍**E. Information that we may collect from third parties** We may also supplement any of the information that you provide to us or that we obtain with information that we receive from third parties, such as credit bureaus, data providers, fraud detection services and data analytics providers. Some of these third parties may obtain your Personal Information through your use of the Sites or the Services, and other third parties may already have your Personal Information that they then share with us.We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the “Choices About Your Personal Information” section. ### ‍**3. How We Use Information** **‍**We collect and use information for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business purposes for collecting and using information include:\ ‍\\ * Helping us assess your eligibility to use the Services. Examples include verifying your identity or underwriting you for a Third National Account through Third National. * Supporting our internal business operations. Examples include maintaining your Third National Account with us or improving our Services or products or building new products or services. * Contacting or communicating with you. Examples include providing customer services to you or marketing our products and services. * Complying with our own policies and procedures. Examples include complying with our obligations under applicable law, regulation, or other legal process or complying with our contractual or audit obligations. * Preventing and detecting potentially fraudulent or unauthorized transactions, breach of policies or terms, and threats of harm.  As described above, we may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address (either directly or through the Company), we may send you promotional email offers or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us, which helps us improve the Services. ### ‍**4. Sharing Information‍‍** We share information we collect, including information that identifies you, in accordance with the practices described in this Privacy Policy. The categories of parties with whom we share information include:\ • Service providers, vendors, and advisors. For example, we may share your Personal Information or Company Information with third parties who provide services or products to us and/or who help us provide the Services to you, including our Banking Partners, the Issuer, or Third Party Providers. Such service providers may further require your consent to obtain your Personal Information.\ \ In connection with verifying your identity, we utilize a service provider that collects and uses biometric information from your driver’s license and / or passport photo to match against your image. This biometric information is held by the service provider pursuant to its privacy policy, which can be found here: [https://sumsub.com/privacy-notice-service/.](https://sumsub.com/privacy-notice-service/) * Our affiliates for everyday business purposes. * Our financing partners such as sources of debt or equity capital. * Issuers of your Third National Card. * Merchants and businesses with whom you transact or use your Third National Card. * A third party as part of any due diligence process in relation to a partnership, financing arrangement, or potential purchase of Third National or its assets provided such party agrees to use such information only for such particular purpose. * Federal or state regulatory bodies, government agencies, courts, law enforcement officials, courts, or any other judicial body as required by law or to protect our legal rights.\ \\ In the event of a merger, acquisition, or other sale or transfer of any or all of our assets, your Personal Information may be transferred to a buyer or other successor of our business. If that happens, we may not be able to limit how such other party may use or further transfer your information. ### ‍**5. Aggregated or Anonymized Information‍‍** We may share aggregated and/or anonymized information with any third parties at any time and without restriction to the extent such information cannot be linked back to any identifiable person. ### ‍**6. Analytics and Advertising** **‍**We may use analytics services to help us understand how users access and use the Services. Portions of the Site use Google Analytics.  To learn more about Google Analytics, visit [https://policies.google.com/technologies/partner-sites](https://policies.google.com/technologies/partner-sites) As part of this process, we may incorporate tracking technologies into our own Services (including our Sites and emails) as well as into our ads displayed on other sites and services. Some of these tracking technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you.  Third parties independently decide how to process your information. As we do not control these third parties, we encourage you to familiarize yourself with and consult their privacy policies and terms of use. ### ‍**7. Safeguarding Information** **‍‍**We maintain reasonable safeguards designed to ensure the protection of your information from unauthorized access or use.   However, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to our Sites.The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.Please notify us immediately if you believe your information with Third National has been compromised in any way.\ ‍ ### ‍**8. Retention of Information** **‍‍**We will retain your Personal Information as long as permitted by our internal data retention policies, or applicable law, and as long as necessary in order to: * Provide the Services to you. * Use for any of the purposes permitted by this Privacy Policy. * To comply with any legal or regulatory requirements. ### ‍**9. Children’s online privacy** **‍‍**Protecting children on the Internet is very important to Third National. For that reason, we do not knowingly solicit or collect Personal Information from anyone under the age of thirteen (13), and no part of the Sites is intended to attract anyone under the age of thirteen (13).If you believe that a child under the age of thirteen (13) may have provided us Personal Information to us, please contact us immediately. ### ‍**10. Do Not Track Signals** **‍**At this time, our Sites do not support Do Not Track (“DNT”). DNT is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across the Sites. For more details, including how to turn on Do Not Track, visit [https://www.donottrack.us/](https://www.donottrack.us/). ### ‍**11. Company Account** **‍**The information in your Third National Account is governed by our agreements with the Company. You may access, update, or delete certain information within your Third National Account, provided that the Company will make the ultimate decision around the processing. The Company Administrator is responsible for your Account and Third National Cards associated with the Company. The Company Administrator has the ability to grant, restrict, suspend, or terminate your access to or use of the Third National Card or the Account.The Company and Company Administrator can also access information about you, access and retain information we have stored on its behalf, and limit your ability to edit, modify, delete, or use information associated with your use of the Services. Please note that if you delete information through your Account, we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. ### ‍**12. Data Transfer to the United States‍‍** If you are outside of the United States and submit your Personal Information to us, please be advised that your information will be transferred to, stored, and processed in the United States. Please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. If you visit our Sites and use our Services, or contact us from outside of the United States, please be advised that (i) any Personal Information you provide to us or that we automatically collect will be transferred to the United States; and (ii) by using our Sites or submitting Personal Information, you explicitly authorize its transfer to and subsequent processing in the United States in accordance with this Privacy Policy.  ### ‍**13. Choices About Your Personal Information** **‍‍**We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:\\ * Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.‍ * Promotional Offers from the Company. If you do not wish to have your email address or contact information used by the Company to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to [info@3rdnational.com](mailto:info@3rdnational.com). If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.\ ‍ ### ‍**14. Contact Us** **‍‍**If you have any questions about this Privacy Policy, our data practices, or our compliance with applicable law, please contact us: [info@3rdnational.com](mailto:info@3rdnational.com)\ \ ‍**Additional Disclosures for Nevada Residents**\ **‍‍**If you are a resident of Nevada, you may submit requests directing us not to sell Personal Information, pursuant to Nev. Rev. Stat. 603A.340, that the business has collected or will collect about you.  Nevada residents may submit a request relating to our compliance with Nevada law by contacting us at [info@3rdnational.com](mailto:info@3rdnational.com).\ \ ‍**Shine the Light.**\ **‍**If you are a resident of California, pursuant to California Civil Code 1798.83, you may request (i) a list of the categories of Personal Information disclosed by us to third parties during the immediately preceding calendar year for those third parties' own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write to us at [info@3rdnational.com](mailto:info@3rdnational.com) and specify that you are making a "California Shine the Light Request." We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.\ \ ‍**Additional Disclosures for Brazilian Residents**\ **‍‍**If you are a resident of Brazil, you have certain rights regarding the processing of your Personal Information under Brazilian General Data Protection Law (“LGPD”).\ \ Subject to certain conditions, you have the right to obtain the following from us regarding the Personal Information that we collect and maintain about you: · confirmation of processing; · access to information; · correction of incomplete; · inaccurate or out-of-date information; · the anonymization, blocking or deletion of unnecessary or excessive data processed in noncompliance with the LGPD; · the portability to another provider; · the deletion of information  processed; · information on the entities to whom we have disclosed the data and the consequences of not providing consent for the processing; and · the review of decisions made exclusively on the basis of the automated processing of your Personal Information.\ \ You have the right to withdraw consent for processing of your Personal Information. Please be advised that if you withdraw consent to the processing of your Personal Information for the purposes described in this Privacy Policy, we may not be able to provide you with some, or all, of our Services. In certain situations, we may continue to process your Personal Information after you withdraw your consent where may be required to do so, such as to comply with legal obligation to which we are subject.\ \ We rely on the following lawful bases to process your Personal Information: · valid consent; to fulfill our legitimate interests or those of a third party, such as a contractual arrangement with you, unless your fundamental rights outweigh those interests; · when we are required to comply with a regulatory or legal obligations or exercise our rights in legal, administrative, or arbitration proceedings. \ \ If you are a resident of Brazil and have a concern about the processing of your Personal Information, you have the right to lodge a complaint with the National Data Protection Authority (ANPD). You may exercise your data subject rights or the withdrawal of your consent for processing by emailing us at [info@3rdnational.com](mailto:info@3rdnational.com) # Prohibited activities policy Source: https://docs.bonkx.io/legal/prohibited-activities-policy To ensure the integrity, legality, and security of our platform, BonkX maintains a strict policy regarding the types of businesses, transactions, and users we support. The following activities and uses are **strictly prohibited** on our platform. This policy applies to all users, businesses, and transactions and is subject to change based on regulatory, legal, and operational requirements. ## **1. Prohibited Business Types** The following categories of businesses or activities are not allowed to access or use our platform under any circumstances: * Any business involved in illegal activities or products * Production or distribution of controlled substances without appropriate licensing * Human trafficking, prostitution, or escort services * Sale or distribution of counterfeit goods * Deceptive, misleading, or predatory business models (e.g., pyramid or Ponzi schemes) * Activities involving illegal content, such as child exploitation materials ## **2. Restricted Business Activities** Some businesses may be allowed only with prior review and approval. These include, but are not limited to: * Money Service Businesses (MSBs) * Cryptocurrency-related services or exchanges * Gambling or fantasy sports operators * Charitable organizations or NGOs * Adult content platforms or online tipping/streaming services * Precious metal dealers Businesses in these categories must demonstrate proper licensing, regulatory compliance, and strong internal controls. ## **3. Prohibited Transactions and Usage** The following types of transactions or platform use are not allowed: * Purchase or sale of drugs, black-market items, or substances prohibited by law * Use of stolen, counterfeit, or unauthorized financial information * Payments for or involvement in cybercrime or hacking services * Transactions related to weapons, ammunition (Corporate) * Unlicensed internet pharmacies or auction sites * Unlawful access to or trade in personal or confidential data * Services involving payday loans or unlicensed lending * Transactions related to the trade of endangered wildlife or their products ## **4. Geographic Restrictions** Access to or use of our services is restricted in the following countries due to legal and regulatory considerations: * Cuba * Iran * North Korea * Russia * Syria * Venezuela * Myanmar * Ukraine (including Crimea, Donetsk, and Luhansk regions) Other jurisdictions may be restricted at our discretion or based on sanctions or watchlists (e.g., FATF). ## **5. Enforcement and Monitoring** BonkX reserves the right to monitor all activity. We may suspend or terminate accounts found to be engaging in any of the prohibited activities listed above. Violations may also be reported to appropriate law enforcement or regulatory agencies where required. ## **Contact Us** If you have questions about whether your business or transaction is allowed, please contact our compliance team at [support@bonkx.io](mailto:support@bonkx.io). # BonkX user agreement (International) Source: https://docs.bonkx.io/legal/user-agreement BonkX, Inc. / d/b/a BonkX Effective Date: May 13, 2026. Last Updated: May 13, 2026 You must read this agreement and agree with the Additional Terms (defined below) before using any of our services. BonkX, Inc. and its subsidiaries and affiliates (collectively, "BonkX," "the Company," "we," "our," or "us") develops and operates the BonkX software and mobile application (the "BonkX App"). This BonkX User Agreement (International) (the "Agreement") is between us and you, any person who accesses or uses the BonkX App and related services ("User," "you," or "your"). BonkX and the User are each a "Party" and collectively the "Parties." You must read this Agreement together with our: 1. Privacy Policy (available at [https://docs.bonkx.io/legal/privacy-policy/](https://docs.bonkx.io/legal/privacy-policy/)); 2. Fee Schedule (Schedule 1); 3. Subscription Terms (Schedule 2); 4. Risk Disclosure Statement (Schedule 3); 5. BonkX Spend Card Terms (the "Card Terms", available at [https://docs.bonkx.io/legal/card-terms-for-international-consumer-program/](https://docs.bonkx.io/legal/card-terms-for-international-consumer-program/)); 6. BonkX Prohibited Activities Policy (available at [https://docs.bonkx.io/cards/prohibited-activities-policy/](https://docs.bonkx.io/cards/prohibited-activities-policy/)); and 7. Any other documents referred to in this Agreement. (collectively, the "Additional Terms"). PLEASE ALSO REVIEW THE SEPARATE SPEND CARD TERMS (THE "CARD TERMS") ISSUED BY THE ISSUER WHICH GOVERN YOUR USE OF THE BONKX CARD. The Card Terms contain an arbitration clause and class action waiver that will have a substantial effect on your rights in the event of a dispute. By using the BonkX Card, you agree to the Card Terms. Important Disclosures BonkX is not a bank, depository institution, money transmitter, money services business, or card issuer. BonkX is a technology company that provides software enabling users to manage their own self-custody cryptocurrency wallets and to access card payment services provided by third-party partners. BonkX does not custody, hold, or control user funds. BonkX does not extend credit, set interest rates, determine repayment terms, or charge interest. All card issuing, program management, and settlement services are provided by Signify Holdings, Inc. (d/b/a Rain) and its banking partners (collectively, the Card Program Partners) under their own licenses and regulatory authority. Background (A) BonkX, Inc. is a Delaware corporation that has developed and operates the BonkX App, a self-custody cryptocurrency application that combines a non-custodial wallet with a crypto-collateralized secured spend card, enabling users to convert between cryptocurrency and fiat currency for various payment and transaction purposes. (B) The BonkX App operates as a non-custodial platform, meaning that BonkX does not custody, hold, or control user funds, does not store or have access to user private keys, and does not function as a cryptocurrency wallet custodian, exchange, or financial institution. (C) BonkX has entered into a partnership with Signify Holdings, Inc. (d/b/a "Rain"), a card issuing and program management platform, to provide card issuing sponsorship, program management, and settlement services. The card program is issued by a bank partner (the "Issuer") under license from Visa. Rain and the Issuer operate under their own separate terms and conditions, and are collectively referred to in this Agreement as the "Card Program Partners". (D) The Services provided through the BonkX App include: (i) a self-custody cryptocurrency wallet, (ii) cryptocurrency on-ramp and off-ramp services, (iii) a crypto-collateralized secured spend card (the BonkX Card), (iv) crypto-to-fiat payment services, (v) membership and subscription services, and (vi) the BonkX Points (BXP) rewards program. (E) Access to and use of the BonkX App and Services requires users to meet certain eligibility criteria, complete identity verification and KYC/AML compliance procedures, and hold an active BonkX Membership. (F) The cryptocurrency and blockchain technology underlying the Services involves inherent risks including but not limited to transaction irreversibility, network failures, price volatility, and regulatory uncertainties that users must understand and accept. Please review the Risk Disclosure Statement (Schedule 3) carefully. (G) This Agreement governs the relationship between BonkX and users of the BonkX App. Your use of the BonkX Spend Card is additionally governed by the separate Card Terms between you and the Issuer. In the event of a conflict between this Agreement and the Card Terms regarding card-related matters, the Card Terms control. ### 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/](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](https://www.raincards.xyz/legal/docs/privacy-policy). Rain's prohibitions list is available at [https://legal.raincards.xyz/legal/prohibitions](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. 7. User Wallet and Security Responsibilities 7.1 Private Key and Seed Phrase Security. You are solely responsible for the security of your Private Keys, Seed Phrase, passwords, and all credentials associated with your Self-Custody Wallet. You must never share these with any third party, including BonkX employees or representatives. Store them securely and protect them from unauthorized access, theft, or loss. 7.2 Account Security. You are responsible for keeping your BonkX Account credentials confidential. Immediately notify us at [support@bonkx.io](mailto:support@bonkx.io) if you suspect unauthorized access to your Account. 7.3 Device Security. You are responsible for device security, including keeping your devices free from malware, maintaining updated software, and using secure internet connections. 7.4 Transaction Authorization. You are responsible for all Transactions initiated through your Wallet or Card, and you acknowledge that all blockchain Transactions are irreversible once confirmed. 7.5 Card Security. You will use all reasonable means to protect your Cards and login credentials. You will not allow any other person to use the Card on your behalf. Immediately notify us if your Card is lost, stolen, or compromised. 7.6 Responsibility for Losses. You bear full responsibility for losses resulting from: (a) failure to secure Private Keys, Seed Phrases, or wallet credentials; (b) sharing credentials with unauthorized parties; (c) use of compromised devices or connections; (d) sending assets to incorrect addresses; or (e) any other breach of your security obligations. 7.7 No Recovery Services. BonkX cannot and will not recover lost Private Keys, Seed Phrases, or cryptocurrency, and cannot reverse or cancel Transactions once confirmed on the Blockchain. 8. Prohibited Activities and Acceptable Use 8.1 BonkX Prohibited Activities Policy. You agree to comply with the BonkX Prohibited Activities Policy (available at [https://docs.bonkx.io/cards/prohibited-activities-policy/](https://docs.bonkx.io/cards/prohibited-activities-policy/)) and Rain's prohibitions list (available at [https://legal.raincards.xyz/legal/prohibitions](https://legal.raincards.xyz/legal/prohibitions)). BonkX reserves the right to suspend or terminate access immediately upon suspected engagement in prohibited activities. 8.2 Prohibited Transactions. You may not use the Services for: (a) money laundering, terrorist financing, or sanctions evasion; (b) purchasing illegal goods or services; (c) fraud, counterfeiting, or any deceptive activity; (d) structuring transactions to avoid reporting requirements; or (e) any activity that violates applicable law. 8.3 Card-Specific Restrictions. You may not use the BonkX Card for: (a) purchasing cryptocurrency, money orders, wire transfers, or peer-to-peer transfers; (b) gambling or lottery transactions; (c) any cash advance or balance transfer; or (d) any transaction prohibited by the Card Terms or Card Network rules. 8.4 Technical Restrictions. You may not: (a) reverse engineer, decompile, or disassemble the App; (b) attempt to gain unauthorized access to any systems or networks; (c) use bots, scrapers, or automated tools to access the App; (d) interfere with or disrupt the App or Services; or (e) use the App for benchmarking or competitive purposes. 8.5 Protection of Card Program Relationships. Any use of the Services that violates Rain's prohibitions list or jeopardizes BonkX's card program relationships is strictly prohibited. BonkX reserves the right to report suspicious activity to the Card Program Partners, financial regulators, and law enforcement agencies. 8.6 Enforcement. BonkX reserves the right to monitor all activity and to suspend or terminate accounts immediately upon violation, suspected violation, or investigation of any prohibited activity, without prior notice and without liability. 9. Supported Blockchains and Network Upgrades 9.1 Supported Blockchains. The BonkX App supports multiple blockchain networks as designated by BonkX from time to time. The current list of Supported Blockchains is available in the App. 9.2 Adding Blockchains. BonkX may add new Supported Blockchains at its sole discretion. BonkX will publish an announcement within the App at least seven (7) calendar days prior to adding a new blockchain. 9.3 Removing Blockchains. BonkX reserves the right to remove any blockchain from the Supported Blockchains at any time, including due to security concerns, network instability, low liquidity, regulatory changes, or operational decisions. BonkX will provide at least thirty (30) calendar days' notice before removing a blockchain, except where immediate removal is required for security or regulatory reasons. 9.4 Network Upgrades. From time to time, BonkX may upgrade the App's blockchain infrastructure. During an upgrade, certain or all functions of the BonkX App may be temporarily unavailable, including deposits, withdrawals, transfers, and card collateral management. 9.5 Upgrade Notice. Except where an emergency makes advance notice impracticable, BonkX will use commercially reasonable efforts to provide at least fourteen (14) calendar days' notice before a planned upgrade that may cause service disruption. 9.6 Unsupported Networks. Your use of the BonkX App in connection with any blockchain network not listed as a Supported Blockchain is at your sole risk. BonkX makes no representations regarding compatibility, functionality, or safety of unsupported networks. 9.7 Disclaimer of Upgrade Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONKX SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE ARISING FROM: (a) TEMPORARY INACCESSIBILITY DURING AN UPGRADE; (b) CHANGES IN SUPPORTED BLOCKCHAINS; OR (c) YOUR USE OF UNSUPPORTED NETWORKS. 10. Transaction Risks and Blockchain Disclaimers 10.1 Irreversibility. All blockchain transactions are irreversible once confirmed. BonkX cannot cancel, reverse, or refund any Transaction regardless of the circumstances. 10.2 No Guarantee of Success. BonkX does not guarantee that any Transaction will be processed successfully. Transactions may fail due to insufficient network fees, congestion, technical errors, or other factors beyond BonkX's control. 10.3 Network Risks. You assume all risks of blockchain technology, including forks, reorganizations, consensus failures, protocol changes, smart contract vulnerabilities, 51% attacks, and potential loss of funds. 10.4 Price Volatility. Cryptocurrency prices are highly volatile. This volatility may affect: (a) the Market Value of your Collateral; (b) your spending limits; (c) the likelihood of a Liquidation Event; and (d) the value of cryptocurrency received or sent through the Services. BonkX is not liable for losses resulting from price volatility. 10.5 Regulatory Risks. Cryptocurrency regulations are evolving and may change in ways that affect the availability, legality, or functionality of the Services. BonkX is not liable for such regulatory impacts. 10.6 Acknowledgment. You understand the risks of cryptocurrencies, blockchain technology, self-custody wallets, and collateral-based spending. You voluntarily assume all such risks. Please review the Risk Disclosure Statement (Schedule 3) carefully. 11. Fees and Fee Schedule 11.1 BonkX Platform Fees. BonkX charges fees for certain Services, as set forth in Schedule 1 (Fee Schedule). 11.2 Card Fees. The Issuer and/or Rain charge separate fees for card-related services, including foreign transaction fees and ATM fees, as set forth in the Card Terms and the Fee Schedule. 11.3 Subscription Fees. If you enroll in a paid Membership, you agree to pay the applicable fees as described in Section 12 and Schedule 2. 11.4 Network (Gas) Fees. Blockchain network fees are paid by the User and are separate from BonkX and card fees. BonkX does not control network fee amounts and is not responsible for fee fluctuations. 11.5 Third-Party Fees. Additional fees may be charged by the Issuer, Rain, blockchain networks, ATM operators, or other third parties. BonkX is not responsible for third-party fees. 11.6 Fee Modifications. BonkX may modify its platform fees with at least thirty (30) days' notice. Third-party fees are subject to change by those providers without notice to BonkX. 11.7 No Refunds. All BonkX platform fees are non-refundable except as required by applicable law or expressly provided in this Agreement. 11.8 Tax Responsibility. You are solely responsible for determining and paying applicable taxes, duties, or charges related to your use of the Services. 11.9 Foreign Currency Transactions. If you use the BonkX Card for a transaction in a foreign currency, the applicable Card Network (e.g., Visa) will convert the amount to USD. The exchange rate is determined by the Card Network and the Card Program Partners, independent of BonkX. A foreign transaction fee as set forth in the Fee Schedule may apply. 12. Membership and Subscription 12.1 Membership Requirement. Access to the BonkX App and Services requires an active BonkX Membership. Membership is offered in series, with each series having its own pricing and benefits. 12.2 Series 001 Membership. The initial offering ("Series 001") is priced at \$25 per month. Annual option: \$250/year (two months free). Lifetime option: \$1,000 one-time. The monthly membership price for Series 001 Members is locked for the lifetime of their membership. 12.3 Membership Benefits. Membership includes access to the BonkX App and Services, eligibility for the BonkX Card, participation in the BXP rewards program, and other benefits as described in the Fee Schedule. 12.4 Subscription Pause. Members may pause their membership for up to sixty (60) days per calendar year at no charge. During a pause, your BonkX Card will be paused and BXP balances will be preserved. 12.5 Cancellation. You may cancel your Membership at any time through the BonkX App. There are no account closure fees or cancellation penalties. 12.6 Inactivity. BonkX will never charge fees for inactivity or non-use of your Card. 12.7 Subscription Terms. Additional subscription terms, including billing, renewal, and cancellation details, are set forth in Schedule 2. 13. BonkX Points (BXP) Rewards Program 13.1 Program Overview. BonkX Points ("BXP") are rewards units that Members earn through qualifying activity on the BonkX platform, primarily through card spend. 13.2 Earning BXP. Members earn BXP at a base rate of 1% on qualifying card spend, plus additional tier bonuses based on Membership tier and spending volume. There is no cap on BXP earned. 13.3 Nature of BXP. Any balance of BXP shown in your Account constitutes only a measurement of the extent of your participation in the Rewards Program. BXP are not securities, money, legal tender, cryptocurrency, property, or any form of financial instrument. 13.4 License. BonkX grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to earn and hold BXP solely within and through the BonkX App. 13.5 Restrictions. You may not: (a) transfer BXP outside the BonkX App; (b) sell, trade, barter, or exchange BXP for money or anything of value outside the App; (c) use BXP for any purpose other than as expressly permitted; or (d) attempt to manipulate earning mechanics. 13.6 Redemption and Benefits. BXP redemption options, values, and benefits will be determined by BonkX and published on the BonkX App. BonkX reserves the right to modify redemption terms at any time. 13.7 Expiration and Forfeiture. BXP may expire after a period of inactivity or upon termination of your Account for cause. BXP balances are preserved during Membership pauses. BonkX will provide at least thirty (30) days' notice before implementing any expiration policy. 13.8 Program Changes. BonkX may modify, suspend, or discontinue the Rewards Program at any time with at least thirty (30) days' notice. Members will be allowed a reasonable period to redeem accumulated BXP before any program termination. 14. Limitations of Liability 14.1 Disclaimer of Warranties. THE BONKX APP AND ALL SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. 14.2 No Guarantee of Availability. BonkX does not warrant that the App will be available at all times, that Transactions will be processed successfully, or that the Services will meet your specific requirements. 14.3 Third-Party Disclaimer. BonkX disclaims all liability for the acts, omissions, errors, or negligence of the Card Program Partners, blockchain networks, or any other third-party service providers. 14.4 Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONKX'S TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF: (i) THE TOTAL FEES PAID BY YOU TO BONKX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED DOLLARS (\$100). 14.5 Exclusion of Consequential Damages. IN NO EVENT SHALL BONKX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER BONKX WAS ADVISED OF THE POSSIBILITY THEREOF. 14.6 Benefit to Affiliates. All limitations extend to BonkX, Inc.'s subsidiaries, affiliates, directors, officers, employees, agents, and licensors. 14.7 User Responsibility. BonkX is not liable for losses from failure to secure your Wallet, Private Keys, Account credentials, or Card. 14.8 Force Majeure. BonkX is not liable for failures caused by circumstances beyond reasonable control, including acts of God, natural disasters, governmental actions, network outages, epidemics, pandemics, or Blockchain network failures. 14.9 Acknowledgment. You understand the risks of cryptocurrencies, blockchain technology, self-custody wallets, and collateral-based spending. You voluntarily assume all such risks. 15. Indemnification You agree to indemnify and hold BonkX, its affiliates, Rain, the Issuer, and their respective officers, directors, agents, employees, and representatives harmless from any claim or demand (including attorneys' fees and costs) made by any third party arising from or relating to: (a) your use of or access to the Services; (b) your violation of this Agreement, the Card Terms, or any applicable law; (c) your violation of any third-party rights; (d) your negligence, fraud, or willful misconduct; or (e) any content or data you submit through the Services. BonkX reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. 16. Intellectual Property 16.1 Ownership. BonkX owns all right, title, and interest in the BonkX App, including intellectual property rights, copyrights, trademarks, trade secrets, patents, software code, interfaces, graphics, designs, documentation, and all derivatives thereof. Nothing in this Agreement grants you any ownership rights in the App. 16.2 Limited License. Subject to compliance with this Agreement, BonkX grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal use in connection with the Services. This license does not include any right to sublicense. 16.3 Restrictions. You may not: (a) copy, modify, distribute, sell, or lease any part of the App; (b) reverse engineer, decompile, or disassemble the App; (c) create derivative works; (d) remove proprietary notices, labels, or marks; or (e) use BonkX's intellectual property without written consent. 16.4 Feedback. Any feedback, suggestions, or ideas you provide regarding the App or Services may be used by BonkX without restriction or compensation to you. 16.5 License Termination. The license granted herein terminates automatically upon termination of this Agreement or breach of any provision hereof. 17. Termination and Suspension 17.1 User Termination. You may terminate this Agreement by ceasing to use the Services, provided all pending Transactions are completed and all amounts owed are paid. You may cancel your Membership at any time through the App with no closure fees or penalties. 17.2 BonkX Termination Rights. We may suspend or terminate your access immediately if: (a) you breach this Agreement or the Card Terms; (b) you fail to maintain KYC/AML verification; (c) suspicious, fraudulent, or illegal activity is detected or suspected; (d) required by law, regulation, or order from a governmental authority; (e) the Card Program Partners suspend or terminate your card account; or (f) we determine continued access creates unacceptable risk. 17.3 Effects of Termination. Upon termination: (a) your access to the BonkX App is revoked; (b) your Card obligations and any outstanding Charges survive and are governed by the Card Terms; (c) no refund of prepaid Membership fees will be issued except as required by applicable law; (d) your BXP balance will be forfeited if termination is for cause; and (e) all provisions of this Agreement that by their nature should survive will continue in full force. 17.4 Self-Custody Wallet Access. Termination does not affect your ownership of cryptocurrency. You can access your cryptocurrency using your Seed Phrase with any compatible wallet application. BonkX's inability to provide access to the App after termination does not affect your ability to access your assets independently. 17.5 Account Inactivity. BonkX reserves the right to deactivate Accounts that have been inactive for twelve (12) consecutive months, after providing thirty (30) days' written notice to the email address associated with your Account. 18. Third-Party Services and External Links 18.1 The BonkX App integrates with various third-party services, including Rain and the Issuer for card services, blockchain networks, payment processors, identity verification providers, and other external platforms. 18.2 Each third-party provider operates under its own terms. Users must review and comply with all applicable third-party terms before using integrated services. 18.3 Users must separately agree to the Card Terms (issued by the Issuer) and Rain's privacy policy as a condition of accessing card services. 18.4 BonkX does not control third-party services and cannot guarantee their availability, functionality, security, or performance. 18.5 BonkX is not responsible for any acts, omissions, or errors of any third-party service provider, including personal injuries, property damage, or other damages. 18.6 The BonkX App may contain links to external websites or content. Users access external links at their own risk. 19. Data Protection and Privacy 19.1 The collection, use, sharing, and protection of your personal information is governed by our Privacy Policy (available at [https://docs.bonkx.io/legal/privacy-policy/](https://docs.bonkx.io/legal/privacy-policy/)). 19.2 The Privacy Policy includes specific provisions for EEA and UK residents under the GDPR (Section 11 of the Privacy Policy), California residents under the CCPA/CPRA (Section 12), and provisions for international data transfers including Standard Contractual Clauses (Section 10). 19.3 Rain and the Issuer act as independent data controllers for the personal data they collect directly from you. BonkX is the data controller for personal information processed through the BonkX App. 19.4 By using the Services, you consent to the processing of your data as described in the Privacy Policy. 20. Communications and Consent 20.1 Electronic Communications. You authorize BonkX, Rain, the Issuer, and their service providers to use automatic telephone dialing systems, text messaging systems, and automated email systems to deliver messages relating to this Agreement, your Account, upcoming payment due dates, missed payments, and your relationship with us more generally. 20.2 Call Recording. You authorize the above parties to monitor and record calls for quality assurance and compliance purposes. 20.3 Carrier Charges. You may incur charges from your telecommunications provider for messages and calls. BonkX and its partners shall have no liability for such charges. 20.4 Opt-Out. You may opt out of marketing communications by following unsubscribe instructions, responding "STOP" to text messages, or emailing [support@bonkx.io](mailto:support@bonkx.io). Service-related communications necessary for account operation may not be opted out of. 20.5 Electronic Signature. Your electronic signature, clicking "I Agree," or use of the App constitutes a valid, binding, and enforceable electronic signature and acceptance of this Agreement and all Additional Terms, in compliance with the E-SIGN Act and applicable law. 21. Governing Law and Dispute Resolution 21.1 Governing Law. This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict-of-law provisions. 21.2 Card Disputes. Disputes relating to the BonkX Card, Card Transactions, Collateral, Liquidation Events, or card account matters are governed by the dispute resolution provisions in the Card Terms. 21.3 BonkX Platform Disputes. For disputes relating solely to BonkX's platform services (not card-related), the following provisions apply: (a) Informal Resolution. Before filing any formal claim, you agree to try to resolve any dispute informally by contacting BonkX at [support@bonkx.io](mailto:support@bonkx.io). BonkX will endeavor to resolve the dispute informally within thirty (30) days. (b) Binding Arbitration. Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall proceed on an individual basis. The arbitration shall be held in the English language in New York, New York, or, if you so elect, all proceedings may be conducted via videoconference, telephonically, or via other remote electronic means. 21.4 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BONKX EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. Any challenge to the validity of this waiver shall be determined exclusively by the arbitrator. 21.5 Waiver of Jury Trial. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. 21.6 Limitation Period. Any claim arising under or relating to this Agreement must be filed within one (1) year after it arose, or it shall be forever barred. 21.7 Attorneys' Fees. The prevailing party in any dispute is entitled to recover reasonable costs and attorneys' fees. 21.8 Small Claims. Either party may bring an individual action in small claims court. 22. General Provisions 22.1 Entire Agreement. This Agreement, the Privacy Policy, the Card Terms, and all Additional Terms comprise the entire agreement between you and BonkX regarding the Services. 22.2 Conflict. In the event of a conflict between this Agreement and the Card Terms regarding card-related matters, the Card Terms control. 22.3 Severability. If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary or severed. The remaining provisions remain in full force. 22.4 Assignment. You may not assign your rights without BonkX's written consent. BonkX may assign its rights at any time without your permission. 22.5 No Waiver. Failure to enforce any provision does not constitute a waiver of that or any other provision. 22.6 Survival. All provisions that by their nature should survive termination shall continue, including limitations of liability, indemnification, dispute resolution, intellectual property, and payment obligations. 22.7 Third-Party Beneficiaries. Rain and the Issuer are express third-party beneficiaries of the limitation of liability, indemnification, and dispute resolution provisions of this Agreement. No other person or entity is an intended third-party beneficiary. 22.8 Language. This Agreement is in English and all communications shall be in English. 22.9 Non-Custodial Nature; No Fiduciary Duties. The BonkX App and Services are strictly non-custodial. BonkX does not have custody or control of your digital assets at any point. This Agreement does not create any fiduciary, advisory, trust, or similar relationship between you and BonkX. BonkX owes you no duties other than those expressly stated herein. 22.10 Compliance with Applicable Laws. You are solely responsible for ensuring that your access to and use of the Services complies with all applicable laws, regulations, and restrictions in your jurisdiction. 22.11 Electronic Records. You agree that all terms, conditions, agreements, notices, disclosures, and other communications that BonkX provides to you electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable law. 22.12 Amendments. BonkX may modify this Agreement at any time by posting revised terms in the App. At least thirty (30) days' advance notice for material changes. Continued use constitutes acceptance. If you disagree, your sole remedy is to discontinue use. 22.13 Contact. For questions about this Agreement or the Services, contact BonkX at [support@bonkx.io](mailto:support@bonkx.io) or +1 (302) 275-4080. \* \* \* By clicking "I Agree," creating an account, downloading, installing, or using the BonkX App, you acknowledge that you have read, understood, and agree to be bound by this Agreement, the Card Terms, and all Additional Terms. BonkX, Inc. | A Delaware Corporation SCHEDULE 1: FEE SCHEDULE The current Fee Schedule for Series 001 Members is set forth below. BonkX reserves the right to modify fees for future membership series with at least thirty (30) days' notice. Monthly Membership: \$25/month. Locked for life for Series 001. Annual option: \$250/yr (2 months free). Lifetime option: \$1,000 one-time. Foreign Transaction Fee: 1.5% on cross-border transactions. ATM Withdrawal: Free up to \$500/month. Thereafter 2% with \$3 minimum. Card Replacement: \$50 (plastic) / \$150 (Noir metal). First card included with membership. Additional Card: \$15/month per card for family members or secondary cards. Expedited Shipping: \$35 for 2-3 day delivery. Chargeback Fee: \$50 per dispute. Inactivity Fee: \$0. We will never charge you for not using your card. Account Closure Fee: \$0. One tap to cancel. No penalties. Subscription Pause: 60 days/year free. Card paused, BXP preserved. Network (Gas) Fees: Variable based on blockchain network congestion. Paid by User. BonkX does not control or receive network fees. SCHEDULE 2: SUBSCRIPTION TERMS 1. Subscription Plans BonkX offers Membership in series. Series 001 pricing: \$25/month, \$250/year, or \$1,000 lifetime. Future series may have different pricing. Series 001 monthly pricing is locked for the lifetime of the Member's active Membership. 2. Billing and Renewal Monthly subscriptions renew automatically on the same date each month. Annual subscriptions renew on the anniversary date. You authorize BonkX to charge your selected payment method for recurring subscription fees. If a payment fails, BonkX may retry the charge and/or suspend Services until payment is received. 3. Cancellation You may cancel your Membership at any time through the BonkX App. Cancellation takes effect at the end of the current billing period. No prorated refunds for partial periods. Outstanding Card obligations survive cancellation and are governed by the Card Terms. 4. Price Changes BonkX will not increase the monthly subscription price for Series 001 Members for the lifetime of their active Membership. BonkX may introduce new membership series with different pricing. BonkX will provide at least thirty (30) days' notice of any material changes to Membership terms. 5. Pause Members may pause their Membership for up to sixty (60) days per calendar year at no charge. During a pause: (a) your BonkX Card will be suspended; (b) BXP balances are preserved; (c) subscription billing is paused; and (d) outstanding Card obligations remain in effect per the Card Terms. SCHEDULE 3: RISK DISCLOSURE STATEMENT This Risk Disclosure Statement provides information about key risks associated with the BonkX App and Services. This is not comprehensive and does not reflect all risks. You should carefully consider whether the Services are appropriate for you in light of your financial condition, risk tolerance, and experience. 1. Self-Custody and Private Key Risks The BonkX App provides a self-custody wallet. You generate, hold, and exclusively control your own Private Keys and Seed Phrase. BonkX does not have access to your Private Keys at any time. If you lose your Private Keys or Seed Phrase, your cryptocurrency will be permanently inaccessible and cannot be recovered by BonkX or any other party. 2. Cryptocurrency Volatility Cryptocurrency prices are highly volatile and can experience rapid and significant fluctuations. The value of your digital assets, including any Collateral securing your BonkX Card, may decrease substantially in a short period. BonkX does not guarantee or represent that any cryptocurrency will retain its value. 3. Collateral and Liquidation Risks When you use the BonkX Card, your cryptocurrency serves as Collateral. If the Market Value of your Collateral falls below your outstanding Charges, a Liquidation Event may be triggered, resulting in partial or complete liquidation of your Collateral to satisfy obligations. You may still owe amounts exceeding the value of liquidated Collateral. Liquidation terms are governed by the Card Terms. 4. Blockchain and Smart Contract Risks Blockchain networks are decentralized and involve inherent risks including: (a) smart contract bugs, vulnerabilities, or design flaws; (b) network congestion causing delayed or failed transactions; (c) protocol-level changes that may affect asset compatibility; (d) 51% attacks or other consensus failures; and (e) permanent loss of assets sent to incorrect addresses. 5. Network Upgrade and Multi-Chain Risks The BonkX App supports multiple blockchain networks. BonkX may add or remove Supported Blockchains at any time. Network upgrades or migrations may result in temporary inaccessibility. During upgrades, you may be unable to deposit, withdraw, or manage Collateral, potentially affecting your Card spending limits or triggering a Liquidation Event. 6. Regulatory and Legal Risks The legal and regulatory landscape for cryptocurrency is evolving rapidly. New laws and regulations may affect the legality, availability, or operation of the Services. Regulatory changes could adversely affect the value of your digital assets or your ability to use the Services in your jurisdiction. 7. Third-Party Service Risks The BonkX App integrates with third-party services, including Rain, the Issuer, blockchain networks, and other providers. BonkX does not control these services and is not responsible for their availability, performance, security, or compliance. Third-party service failures, outages, or policy changes may impact your use of the Services. 8. Card Program Risks The BonkX Card is issued by the Issuer, not by BonkX. Card issuance, transaction processing, and account management are controlled by Rain and the Issuer. Card services may be suspended, restricted, or terminated by the Card Program Partners at any time, for any reason, with or without notice. 9. Security Risks Despite security measures, the BonkX App may be vulnerable to cyberattacks, hacking, phishing, social engineering, malware, and other threats. You are responsible for maintaining device security and protecting your credentials. 10. No Insurance or Guarantees Cryptocurrencies held in your self-custody wallet are not deposits and are not insured by any government agency, including the FDIC, or any private insurance provider. There is no guarantee that BonkX or any third party will compensate you for any loss of digital assets. 11. Tax Risks Cryptocurrency transactions, including card usage funded by crypto collateral, may give rise to tax obligations including capital gains, income tax, or other liabilities. Tax treatment is uncertain, varies by jurisdiction, and may change. You are solely responsible for determining and meeting your tax obligations. BonkX does not provide tax advice. 12. General Disclaimer THIS RISK DISCLOSURE STATEMENT DOES NOT PURPORT TO DISCLOSE ALL RISKS ASSOCIATED WITH THE SERVICES. ADDITIONAL RISKS MAY EXIST THAT ARE NOT FORESEEABLE AT THIS TIME. YOU SHOULD CAREFULLY CONSIDER WHETHER THE SERVICES ARE APPROPRIATE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION AND RISK TOLERANCE. Effective Date: May 13, 2026