Restricted Jurisdictions. If you are a resident of the following U.S. jurisdictions or outside of the United States, we are unable to service you as a client at this time.
Alabama, New Jersey, New York, Texas, Vermont
Specific Terms Agreed to by You. If you qualify to participate in one or more Pebble products or services including but not limited to products only available in your jurisdiction and, as such, we may ask you to enter into one or more supplemental agreements with us. In that event, the terms contained in those agreements will be in writing and supplement the below provisions relating to the collection, use, sharing, and securing of your information.
2. ELIGIBILITY & REGISTRATION
2.1 Eligibility. You must be at least 18 years old and reside in the United States and must be in one of the following applicable jurisdictions to utilize our services:
2.2 Ineligibility. You may not use our Services if you are barred from using banking or investment services under the laws of the United States or other applicable jurisdiction. Additionally, certain products and services, as noted above, may not be available within your specific state or territory. Our services are available in forty-five (45) jurisdictions in the United States and the District of Columbia. As we are able to expand the availability of the Pebble Platform to additional jurisdictions, you may gain access to all or certain products and services that were not previously available. Conversely and given the nature of cryptocurrency laws and regulations, we may cease offering certain products and services in a given jurisdiction from time to time. If we cease to operate a product or service, you will be given notice as required by law.
2.4 Account Security. In creating and maintaining your Account, you are responsible for creating a strong password and maintaining security and control of such password and any other login information. You also agree to take whatever other security measures available, such as two-factor authentication through your mobile phone number or mobile device. Failure to do so may result in an unauthorized third-party gaining access to your Account, which could result in the loss of personal and financial data as well as loss of funds available within your Account or any linked bank account. Further, you agree never to share your login credentials with any other person or allow anyone else to access your Account unless allowed by law. You are solely responsible and liable for the activities of anyone accessing the Pebble service using your password, even if you did not authorize the activities. You must notify us immediately of any unauthorized use or suspected unauthorized use of your password at firstname.lastname@example.org.
2.5 Identity Verification. In order to verify your identity and the accuracy of the information provided by you during Account registration, we will require you to submit certain information or documentation, including, without limitation, a copy of an unexpired government issued photo identification card such as a driver’s license or passport. Further, you hereby authorize us, or a Third-Party Service Provider that we designate, to take any other steps necessary to verify your identity. If we are unable to verify your Account information or we determine that the information provided by you is incorrect, false, or misleading for any reason, we may be required to prevent you from creating an Account, close or suspend your existing Account, or take any other steps we determine to be necessary including reporting to law enforcement if we suspect criminal activity or are required to by law.
2.6 Access to Financial Information. We use Plaid, Inc. (“Plaid”) to effect transfers from your existing bank account into your Account. By using our Services, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Agreement herein. All services provided by Plaid are subject to the applicable account agreement, privacy policies, and other applicable agreements and disclosures, all available at https://plaid.com/legal/#consumers.
3. PEBBLE SERVICES
3.1 Acknowledgement. Pebble operates the Pebble Platform and website, which allows you to create and maintain an Account, which, together with the Third-Party Services, allows you to buy, receive, hold and transfer funds in virtual currency in accordance with the terms of this User Agreement (the “Pebble Services”). Pebble is not a bank and does not offer checking accounts, savings accounts, or any fiduciary services. Pebble does not have Federal Deposit Insurance Corporation insurance.
3.3 Deposits. The Pebble Platform allows you to link your bank account and complete deposits into your Account via ACH transfer and/or by using your credit or debit card. When you complete a “deposit” from your bank account into your Account, you are exchanging your U.S. Dollars (or other supported fiat currency) for United States Dollar Coin (“USDC”), a cryptocurrency as defined under “USDC” below, through a Third-Party Provider (a “Deposit”). The exchanged amount will then be credited to your Account balance upon clearing of the ACH and/or processing time for your credit or debit card. This may take up to five (5) business days for your Account to be credited. The name on any linked bank account you use for Deposits must match the name associated with your Account. The Pebble Platform, in partnership with Atomic FI, Inc. (“Atomic”), allows you to initiate a direct Deposit from your linked bank account into your Account. All services provided by Atomic are subject to the applicable account agreement, privacy policies, and other applicable agreements and disclosures, all available at https://atomic.financial/end-user-terms-and-conditions/. The minimum deposit amount we support is $0.01, and the maximum deposit amount we support is $35,000.
3.4 Recurring Deposits. You may initiate recurring deposits into your Account, in which case you authorize us to initiate recurring electronic transfers of your selected amount, such as recurring ACH debit entries from your linked bank account or direct deposits from your banking provider (“Recurring Deposits”). Your recurring transactions will occur in identical, periodic installments based on your period selection (e.g., daily, weekly, monthly) until either you or Pebble cancels the recurring order. If you select a U.S. bank account as your payment method for a recurring transaction and such transaction falls on a weekend or holiday or after bank business hours, the ACH credit or debit will be executed on the next business day. If your bank is unable to process any electronic ACH debit entry, we will use commercially reasonable efforts to notify you of cancellation of the transaction and notify you of your options to try again or otherwise work with your bank.
3.5 Alternative Deposit Methods. Pebble may also support deposits via alternative methods such as wire transfer or virtual currency transfer in its sole discretion.
3.6 Withdrawals. The Pebble Platform allows you to link your bank account and complete withdrawals from your Account via ACH transfer if you have a positive balance in your Account. When you complete a “withdrawal” from your Account to your bank account, you are exchanging your USDC (or other supported cryptocurrency) for U.S. Dollars (or other supported fiat currency) through a Third-Party Provider (a “Withdrawal”). The exchanged amount will then be transferred to your linked bank account. You may also elect to transfer the exchanged amount to a third party to pay a bill. Bill pay service is provided in partnership with Papaya. All services provided by Papaya are subject to the applicable account agreement, privacy policies, and other applicable agreements and disclosures, all available at https://papayapay.com/termsofservice. Following a Withdrawal, your Account will immediately be debited for the amount of the Withdrawal, but your bank account may not be credited for up to five (5) business days while the transfer to your bank account processes. We may delay a withdrawal in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your account have been reversed. Once Pebble has initiated a Withdrawal following your instructions, the availability of the fiat currency in your bank account may be further delayed by your bank. The name on any linked bank account you use for Withdrawals must match the name associated with your Account.
3.7 Transaction Processing. You cannot cancel, reverse, or change any Deposit, Recurring Deposit, or Withdrawal (each a “Transaction”) once submitted and marked as complete or pending. If your Transaction is not successful for any reason, if your payment method has insufficient funds, or if you reverse a payment made from funds in your bank account, you authorize Pebble, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including your Account balance or other linked accounts, in any amount equal to the Transaction amount. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds (“ISF”), or similar fees charged by your bank account or payment provider. Pebble and any of its Third-Party Services providers are not responsible for any fees, including but not limited to ISF fees or similar. We reserve the right to refuse to process, or to cancel or reverse, any Transaction in our sole discretion, even after funds have been debited from your account(s), if we suspect the Transaction involves or has a high risk of involvement in money laundering, terrorist financing, fraud, or any other type of financial crime or prohibited activity; in response to a subpoena, court order, or other government order; if we reasonably suspect that the Transaction is erroneous; or if we reasonably suspect that the Transaction or your actions on the Pebble Platform violate this User Agreement. You understand, acknowledge and agree that Prohibited Activities, as defined below in Section 8.3, are strictly prohibited.
3.8 Holding an Account Balance. The Pebble Platform allows you to maintain an Account balance for the purpose of completing subsequent Transactions and earning Rewards (as defined in Section 4 below).
3.9 Asset Storage. Virtual currency will be held in digital wallets in the custody of Prime Trust, LLC, (“Prime Trust”) on your behalf. Prime Trust may contract with Third-Party Providers to provide wallet services or additional services desired and/or required by law. Please review their terms and policies for more information. In order to keep funds within a digital wallet secure, a portion of the funds will be stored offline. Because of this, unusually large transactions may be delayed.
3.7 Debit Cards. You will be automatically issued a virtual debit card that you may use to effect transactions with external merchants using your account balance. You will not be issued a physical card. All users receive a debit card upon the creation of their account. The debit cards will be issued by Patriot Bank, N.A. (“Patriot Bank”) (NMLS ID: 412623). The debit cards services are provided in partnership with Pay with Privacy, Inc. (“Lithic”). All services provided by Patriot Bank and/or Lithic are subject to the applicable account agreement, privacy policies, and other applicable agreements and disclosures, all available at https://bankpatriot.com/Learn/Protection/Privacy-Security and https://lithic.com/legal#terms, respectively.
3.11 Third-Party Services. Some of the services available to you on the Pebble Platform are Third-Party Services provided directly to you by Third-Party Providers. Any use of such Third-Party Services, as well as any claims or issues related to such Third-Party Services, are governed by the terms and conditions that you agree to with such Third-Party Providers in connection with accessing such Third-Party Services. When you complete a Deposit, Recurring Deposit, Withdrawal or hold a balance in your Account on the Pebble Platform, such activities are Third-Party Services provided by a Third-Party Provider. Other than as explicitly set forth in this User Agreement, all such activities relating to your Account are governed by the applicable Third-Party Terms that you have agreed to with such Third-Party Provider. Once any Transaction has been successfully processed and deposited or withdrawn from your Account, Pebble shall bear no further liability for such funds or for any activity related to such funds or your Account.
3.12 Availability of Third-Party Services. We reserve the right to change, suspend, or discontinue the availability of any Third-Party Services on the Pebble Platform at any time, including hours of operation or availability of any feature, without notice and without liability.
3.13 Fees. Pebble does not charge a fee to its Users. Our fee is built into each of our high yield products and we charge our institution counterparties. We will provide reasonable notice of any fee changes and will give you the opportunity to terminate your deposits before such fees become effective. Pebble reserves the right to change its fee structure at any point. Any fee changes will be communicated to you via our mobile app or your registered email address or phone number. Your continued use of Pebble after any fee change(s) comes into effect constitutes your agreement to pay the fees. Except as required by law, fees are non-refundable.
3.14 USDC. USDC is a “ERC-20” digital token issued by Circle Internet Financial, Inc. (“Circle”) that operates on the Ethereum blockchain as USDC. USDC is fully backed by U.S. Dollars or equivalent assets held by Circle with its U.S. banking partners in segregated accounts, on behalf of, and for the benefit of, Users. This means for every USDC issued by Circle and remaining in circulation, Circle will hold on behalf of Users one U.S. Dollar in its bank account(s) or other approved investments. USDC are not legal tender, are not backed by any government, and value balances on Pebble are not subject to FDIC or Securities Investor Protection Corporation (SIPC) protections.
3.15 Custody and Asset Transfer of Your Account. We do not have or retain direct custody or control over funds or virtual currency in your Pebble account, nor do we directly transmit funds or virtual currency to or from your Pebble account. Financial services are provided by Wyre Payments, Inc., (“Wyre”), a registered money service business (NMLS ID: 1574869), DEFI Holding Pte. Ltd. (“Vauld”), and Prime Trust. Wyre, Vauld, and Prime Trust act as agents for Pebble. All services provided by Wyre, Vauld, and Prime Trust are subject to the applicable account agreement, privacy policies, and other applicable agreements and disclosures, all available at https://www.sendwyre.com/user-agreement/, https://www.vauld.com/terms-and-conditions, or https://www.primetrust.com/tos. By using the Pebble service, you agree to such agreements, policies, disclosures, and terms of service of each. To report complaints regarding Wyre or with the services provided by Wyre, email email@example.com. To report complaints regarding Vauld or with the services provided by Vauld, email firstname.lastname@example.org. To report complaints regarding Prime Trust or with the services provided by Wyre, email email@example.com.
3.16 Changes to Pebble Services. Due to the nature of cryptocurrency, we reserve the right to change, suspend, or discontinue any aspect of the Pebble Services at any time, including hours of operation or availability of any feature, without notice and without liability. Suspension of your use of any of the Pebble Services will not affect your rights and obligations pursuant to this Agreement.
4. USER REWARDS
4.3 Cash Back Rewards. Pebble may, from time to time, pay you rewards in connection with completing transactions through the Pebble Platform with certain supported merchants and for certain other activities that Pebble, in its sole discretion, may determine are eligible for such rewards (“Cash Back Rewards”). These Cash Back Rewards may be calculated as a percentage of your spending activity or for specific actions such as referrals, which may vary based on the size of such transaction, the specific merchant, or any other factor determined by Pebble (the “Applicable Rewards Rate”). The Applicable Rewards Rate for Cash Back Rewards on the balance in your Account will be displayed in your Account or otherwise on the Pebble Platform. Cash Back Rewards will typically be paid out within the first five (5) business days following the end of each calendar month.
4.4 Referral Bonuses. Referring new users to the Pebble Platform may result in you earning a higher Applicable Interest Rate, Applicable Rewards Rate, Applicable Points Rate, or other rewards, benefits, or access to features, as determined in Pebble’ sole discretion (each a “Referral Bonus”). You will only be eligible for such Referral Bonus(es) if: (i) the referred individual is able to successfully open an Account, (ii) the referred individual does not currently, and has not previously, maintained an Account, and (iii) we are able to verify, in our sole discretion, that you actually referred such individual through use of a personalized referral link, code, or otherwise. Pebble may make certain Referral Bonuses contingent on you and/or your referred customer completing additional actions such as linking a bank account, successfully completing a certain deposit, successfully completing a certain transaction, maintaining an Account (or Account balance) for some period of time, or any other requirements that Pebble determines and communicates to you. The referred customer may also receive a Referral Bonus at the sole discretion of Pebble. The specific nature of any Referral Bonus will be communicated to you on the Pebble Platform and may be subject to limits and changes. You may refer up to 25 new users during the life of your account. We reserve the right to remove or restrict access to the referral program or to refuse a Referral Bonus if we suspect violation of terms or any activity we determine as abusive (for example, by inviting yourself, fictitious people, or existing users).
4.5 Other Rewards. Pebble may, from time to time and in its sole discretion, offer additional rewards or incentives for Pebble users in connection with your use of the Pebble Platform or any Pebble Services or Third-Party Services (“Other Rewards”) including but not limited to additional cryptocurrency incentivizes. These Other Rewards may have additional eligibility requirements to be determined in Pebble’ sole discretion, provided that Pebble will typically inform you of the eligibility criteria for such Other Rewards.
4.6 Calculation of Rewards. All calculations of Interest Rewards, Cash Back Rewards. Pebble Points, and Other Rewards (collectively, “Rewards”) shall be handled by Pebble and such calculations shall be the sole and exclusive method of calculating such Rewards. You shall have no claim against Pebble related to the delivery or calculation of Rewards as allowable by law. If a court of competent jurisdiction finds this clause void the maximum a reward will only be Fifty United States Dollars ($50.00) total for any account. If Pebble determines that you have received any Rewards in error, or that you have otherwise violated this User Agreement, Pebble reserves the right to rescind any Rewards paid to you. If you believe that Pebble has miscalculated any Rewards, please contact firstname.lastname@example.org.
4.7 Changes to Rewards. Pebble reserves the right to modify, suspend or discontinue any Rewards, including changes to your Applicable Interest Rate, Applicable Rewards Rate, or Applicable Points Rate at any time in our sole discretion. If you are not happy with any changes to the Rewards offered by Pebble, your sole recourse is to stop using the Pebble Platform.
5. ACCOUNT ERRORS
From time to time, an Error as defined below may arise in connection with your Account or your use of the Pebble Platform.
3.1.Definitions. An Error means any of the following:
5.2 Notifications. To protect yourself from unauthorized activity in your account, you should regularly log into your account and review your account statement. If you discover an error has occurred or need more information about a transaction, please email us at email@example.com. You agree to contact us within one hundred eight days (180) days of the Error occurring. We are not liable for any losses associated with Errors for which you do not contact us within one hundred eight days (180) days.
5.3 Determinations. We will determine if an error has occurred within fifteen (15) days after being notified. If we need more than fifteen (15) days to determine if an error occurred, we will provisionally credit your account or inform you why there is a delay.
5.4 Rectification. We will rectify any processing error that we discover. If the error results in you receiving less than the correct amount to which you were entitled, then we will credit your account for the difference between what you should have received and what you actually received. If the error results in you receiving more than the correct amount to which you were entitled, then we will debit your account for the difference between what you actually received and what you should have received. We will not rectify errors if (i) through no fault of ours, you did not have enough available funds or cryptocurrency to complete the transaction; (ii) our system was not working properly and you knew about the breakdown when you started the transaction; (iii) the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection) despite our reasonable precautions; or (iv) that was the result of prohibitive activity or in violation of any of the Terms and Conditions herein.
6. ELECTRONIC FUND TRANSFERS
6.1 General. ACH payments are electronic banking payments that are created when you give an originating institution, corporation, or in this case, Pebble or authorized Third-Party Provider authorization to debit directly from the customer's checking or saving account for the purpose of bill payment.
6.2 Disclosures. The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s).
6.3 Use of ACH Payments. In using ACH payments as a funding mechanism, you hereby agree that, for a single Transaction, you authorize Pebble to debit the account indicated in your instructions by the amount and on the date indicated and that you will not dispute the Transaction. For a recurring Transaction you authorize Pebble to debit the account indicated in your instructions by the amount and in such recurring manner as indicated, that you will not dispute the Transaction, and that the instructions are valid and will remain so until cancelled via email to firstname.lastname@example.org at least three (3) business days in advance.
7. DISCLOSURES, RISKS & LIABILITY
7.1 User Error. You are solely responsible for ensuring that all information and instructions provided to Pebble are correct and complete. Pebble is not liable for any Transactions which have been conducted in accordance with instructions provided by you, regardless of whether such instructions include incorrect, incomplete, limited or no identifying information related to a transfer. Where Pebble attempts a transfer in accordance with your instruction and such transaction fails, Pebble will notify you of the failed transaction attempt.
7.2 Cryptocurrency Risks. Cryptocurrencies are not insured by the Federal Deposit Insurance Corporation (FDIC) or by any other agency, and the use of cryptocurrencies may carry financial risk. Any decision to deposit or withdraw digital currency is solely your decision, and Pebble shall not be liable for any loss suffered or be responsible for any damages, claims, losses, accidents, costs or other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, general, or consequential damages.
7.3 Regulatory Risk. The U.S. regulations on cryptocurrencies are subject to significant uncertainty and are evolving rapidly. While we are making every reasonable effort to comply with applicable rules and regulations in the U.S. with respect to our operations, we cannot predict nor guarantee that your use, transfer, or exchange of cryptocurrencies on the Pebble Platform will not be subject to any such regulations. Any change of cryptocurrency regulations may have a material negative impact on your ability to use and transfer such cryptocurrencies and may cause you to lose all or a portion of the value of such cryptocurrencies. The use, transfer and exchange of cryptocurrencies may be subject to applicable federal and state laws, including rules and regulations promulgated by various regulatory agencies, such as the Securities Exchange Commission, Financial Crimes Enforcement Network (FinCEN), Commodity Futures Trading Commission (CFTC), Office of the Comptroller of the Currency, Internal Revenue Services and state money transmission or virtual currency business licensing agencies. At any time or circumstance these rules, regulations, and/or laws can change forcing us to change or cease operations.
7.4 Price Stability. Account balances held on the Pebble Platform through Pebble or directly or Third-Party Services are held in USDC. While USDC is a “stablecoin” designed to remain pegged in value to the U.S. Dollar, and backed by U.S. Dollar reserves, Pebble does not control the issuance, redemption or backing of USDC and cannot guarantee that 1 USDC will always remain redeemable for 1 U.S. Dollar. Circle or any of its investments that back USDC at any point could fail.
7.5 Not a Bank. Pebble is not a bank or otherwise licensed as a financial institution. Pebble is a financial technology company that partners with Third-Party Providers to allow you to access certain licensed Third-Party Services.
7.6 Not an Advisor. Pebble is not an investment advisor. Pebble does not provide investment advice. No content published on the website constitutes a recommendation that any particular cryptocurrency or digital assets are suitable for any specific person. Pebble is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by Pebble is for general information only.
7.7 Not a Solicitation. The use of the Pebble Platform or any of its related services or products by Pebble or any Third-Party Provider is not a solicitation to invest in securities. Should such products or services become available, additional notice will be provided by law.
7.8 No Insurance. Deposits held on the Pebble Platform are not insured by the Federal Deposit Insurance Corporation (FDIC), Securities Investor Protection Corporation (SIPC), or any other governmental or private deposit insurance scheme or program.
7.9 Risk of Loss. When you hold a balance in your Account, the applicable funds are held by a Third-Party Provider. If such Third-Party Provider suffers a security breach or other loss, you may suffer a loss of some or all of your Account balance.
7.10 General Risks. Your use of the Service is entirely at your own risk. Pebble is not in the business of providing legal, tax, financial, accounting, employment, or other professional services or advice. You should consult a professional if you need such assistance.
7.11 No Warranty. The Service is provided “AS IS” and on an “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEBBLE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NONINFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. PEBBLE DOES NOT WARRANT THAT THE SERVICE BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. PEBBLE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE PEBBLE PLATFORM, AND OPERATION OF THE PEBBLE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. PEBBLE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT INSTRUCTIONS ARE EXECUTED IN A TIMELY MANNER BUT PEBBLE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE FIAT OR DIGITAL CURRENCY PROCESSING BECAUSE THE PEBBLE PLATFORM IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. IF THE EXCLUSIONS OF ANY IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY OF THE SERVICE.
8. AUTHORIZED USE
8.1 General. Your access to and use of the Pebble Platform is subject to all applicable international, federal, state, and local laws, regulations, and privacy policies, and you agree not to use the Pebble Platform in any way that violates such laws or regulations. You agree that if another Third-Party access your account and violates and provision herein to notify us immediately at email@example.com and cooperate with any internal investigation unless otherwise required or allowed by law.
8.2 Restricted Activities. In connection with your use of the Pebble Platform, you agree that you will not:
7.3.Prohibited Activities. You agree not to use the Pebble Platform for any transactions involving:
9. DISPUTE RESOLUTION
9.1 Complaint Process. If you have a complaint or dispute with Pebble (a “Complaint”) you agree to first contact Pebble at firstname.lastname@example.org so that we may attempt to resolve your Complaint. If we are unable to resolve your Complaint through customer support within sixty (60) business days, your sole and exclusive remedy for any Complaint, dispute, controversy or claim, whether founded in contract, tort, statutory or common law, concerning or arising out of this User Agreement or your use of the Pebble Platform, including the applicability, scope or validity of this Section 9 (a “Claim”), shall be pursuant to the binding arbitration provisions below.
9.2 Arbitration. Notwithstanding any other provision in this Agreement, if either you or Pebble have any Claim, upon the demand of either party, such Claim will be settled by individual (not class or classwide) binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the then current Commercial Financial Disputes Arbitration Rules, including any expedited procedures. A demand that a Claim be submitted to arbitration may be made before the initiation of any legal proceeding or within ninety (90) days following the service of a complaint, third-party complaint, crossclaim or counterclaim and if a party in a pending legal proceeding demands a Claim to be submitted to arbitration, the party initiating the action will immediately dismiss the legal proceeding and file the claim in arbitration. Arbitration hearings will be held in a mutually agreeable location or if no such agreement can be reached, in San Francisco, California. A single arbitrator will be appointed by the AAA and approved by each party. The arbitrator shall be a practicing attorney or retired judge having experience with and knowledge of online commerce law. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including court fees, attorneys' fees and expert witness fees. A judgement on the award may be entered by any court having jurisdiction. The parties agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this User Agreement.
9.3 Class Action Waiver. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND Pebble ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
10. LIMITATION OF LIABILITY; INDEMNIFICATION
10.1 Limitation of Liability. Pebble and its affiliates, agents, officers, and employees will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Pebble has been advised of the possibility of such damages. The total liability of Pebble for any claim arising out of or relating to this User Agreement or your use of the Pebble Platform, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use the Pebble Platform.
10.3 Third-Party Websites and Services. The Pebble Platform relies in whole or in part on Third-Party Services and third-party software, and the continued development and support of third parties’ use of the Pebble Platform may be made conditional upon consenting to the terms and conditions of technology or functionality provided by such Third-Party Providers or others. There is no assurance or guarantee that those third parties will maintain their support of their software, which might have a material adverse effect on the Pebble Platform. The Pebble Platform may contain links to third party vendors, websites, resources and services (“Third-Party Material”) not controlled by us. You acknowledge and agree that Pebble is not responsible or liable for (i) availability or accuracy of such Third-Party Material, or (ii) the content, products or services on or available from such Third-Party Material. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Material.
11. GENERAL TERMS
11.2 Severability. If any court of law, having the jurisdiction, rules that any part of this User Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.
11.3 Termination; Amendment. We may terminate this User Agreement or suspend or terminate your Account or your access to any Pebble Service at any time for any reason. We may add or remove, suspend, stop, delete, discontinue, or impose conditions upon Pebble Services or any feature or aspect of a Pebble Service. We will take reasonable steps to notify you of termination or these other types of Pebble Service changes by email or at the next time you attempt to access your Account. You may also terminate the User Agreement applicable to your Account by deactivating your Account at any time. If this User Agreement is terminated or suspended for any reason: (a) the license and any other rights granted under this User Agreement will end, (b) you agree to immediately terminate and cease use of the Pebble Platform and all Pebble Services and remove your funds from your account, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Pebble Services, or for deletion of your information or account data. The following sections of this User Agreement shall survive and remain in effect in accordance with their terms upon termination: 7 (Disclosures, Risks & Liability), 8 (Dispute Resolution), 9 (Limitation of Liability; Indemnification), and 10 (General Terms).
11.4 Assignment. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
11.5 Change of Control. In the event that Pebble is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign your Account and the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
11.6 Intellectual Property. Pebble owns all worldwide right, title and interest in and to the Pebble Platform and the Pebble Services, any updates or modifications made to or in relation to the Pebble Platform or Pebble Services, and any and all feedback, comments or suggestions of any kind regarding problems with or proposed modifications or improvements to the Pebble Services (“Feedback”), received directly or indirectly from any user, partner or other third party to the maximum extent permitted by applicable law (“Pebble IP”). This User Agreement does not convey any proprietary interest in or to any Pebble IP or rights of entitlement to the use thereof except as expressly set forth herein. You acknowledge and agree that the fees paid pursuant to this User Agreement apply only to the use of the Pebble Platform by you unless otherwise provided with written consent from Pebble. If you choose to provide Feedback not otherwise assignable to Pebble, you hereby grant Pebble an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up, worldwide, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Pebble Services or Pebble Platform and create other products and services.
11.7 Copyrights and Trademarks. The information available on or through the Pebble Platform is the property of Pebble or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on or through Pebble Platform for commercial or public purposes. You may not use the trademarks, logos and service marks (“Pebble Marks”) for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites without the written permission of Pebble or such third party that may own the Pebble Marks. Questions concerning Pebble Marks should be directed to email@example.com.
11.8 Force Majeure. Pebble shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe including but not limited to regulatory action or changes within the law of cryptocurrencies or financial transactions or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions of this User Agreement.
11.9 Taxes. You are solely responsible for determining and paying any income, sales, federal or state taxes to the appropriate tax authorities in connection with any of your activities on the Pebble Platform, including, without limitation, the receipt of any Interest or other Rewards. Neither Pebble nor its third-party partners provide tax advice.
11.10 Unclaimed Property. If Pebble is holding any funds on your behalf and we are unable to contact you and have no record of your use of the Pebble Platform for several years, applicable law may require Pebble to report your Account funds as unclaimed property to the applicable jurisdiction. If this occurs, Pebble will try to locate you at the address shown in our records, but if Pebble is unable to locate you it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Pebble reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
11.11 Governing Law. This User Agreement and any Claim will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law, without regard to choice of law or conflicts of law principles.
We will be available during normal working hours 9:00 am - 5:00 pm Eastern Time during weekdays. We will do our best to respond as soon as possible outside of these hours.
By using our Services, you consent to receiving communications from us electronically and confirm that you don’t need any other communications in writing.