Terms of Sale

Last Updated: November 21, 2019

Fold, Inc. ("Fold," "we" or "us") makes products available for purchase through our website and mobile applications. Your purchase of any Fold product (including Gift Cards and your receipt of any Fold Rewards) is governed by these Terms of Sale ("Terms"). Your purchase of a Vendor’s gift card, described in Section 2 below, is governed by the applicable terms and conditions of that gift card and these Terms will cease to apply at the time of such purchase. Your use of the Fold websites and mobile applications is governed by our Terms of Service, see here.

These Terms are a legal agreement between you ("you," or "your") and Fold. By purchasing Fold products and/or clicking to "Accept" these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not make any purchases from Fold.

Fold reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on our websites or mobile applications and updating the "Last Updated" date at the top of these Terms. We encourage you to review these Terms each time you make a purchase from Fold to ensure you understand the terms and conditions that apply to such purchase. Your continued use of Fold products indicates your acceptance of any changes to the Terms.

IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY SERVICE OR PURCHASE OR RECEIVE ANY PRODUCT, GOOD, OR SERVICE OFFERED THROUGH THE SITE.

1. Fold Products

We offer a variety of gift cards and gift codes (collectively, "Gift Cards") for purchase via our websites or mobile applications. All Gift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order, or to discontinue products without notice, even if you have already placed your order. The total/aggregate amount that you may load on one Gift Card is $500 and the total/aggregate amount you may load onto multiple Gift Cards in a single day should not exceed $2,000 in USD and $10,000 in Bitcoin. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order.

After purchasing a Gift Card, these Terms will no longer apply and you (or the recipient of the Gift Card) must activate the Gift Card by following the instructions provided by the Vendor, defined below. The Gift Card will only function upon such activation. Activated Gift Cards may be available within seconds; however, additional time may be required for certain activations. If your Gift Card has not been activated within 30 seconds, please contact us at [email protected]

2. Gift Card Vendor Terms and Liability

Gift Cards purchased via our websites or mobile applications are issued and activated by participating third-party merchants, retailers and vendors (collectively "Vendors"). Your purchase of each Gift Card will be governed by certain terms and conditions established by the issuing Vendor. Depending on the applicable law of your jurisdiction and the promotional nature of certain Gift Cards, Vendors may set expiration dates for such Gift Cards, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Vendor terms and conditions prior to purchasing any Gift Card. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor.

As issuers of the Gift Cards, Vendors (and not Fold) are fully responsible for all aspects of their Gift Card programs. Vendors are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Gift Card. While Fold strives to work with reputable Vendors, Fold has no liability for (i) the sale of products or services to you by a Vendor through the use of any Gift Card; and (ii) any Vendor’s failure to honor a Gift Card. You will need to look solely to the Vendor for any remedy in connection with the foregoing issues.

3. Gift Card Errors

We attempt to be as accurate as possible and to eliminate errors on the products that we sell; however, Fold does not represent or warrant that any Gift Card and information about the Gift Card (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.

4. Disclaimers

In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release Fold and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any Fold product ; and (ii) any act or omission of a Vendor in connection with a Gift Card it provides.

With respect to the Fold products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product. Fold is not responsible for any damage or loss resulting from stolen or lost Fold product or any use of your Fold product without your permission. Fold is not responsible for replacing your damaged or lost Fold product or Gift Card.

These disclaimers and limitations may or may not apply to you and are void where prohibited.

5. Payment Options

When making a purchase on the website or a mobile application, Fold accepts various forms of payment, including by including by credit or debit card (each, a "Payment Card"), PayPal, Apple Pay, Google Wallet, Bitcoin and application of Fold Kickbacks (as defined below). Unless otherwise indicated, the denominated value of the Fold product (including Gift Card) will be billed in full at the time you purchase, and Fold provides, the Fold product or Gift Card. By making the purchase, you acknowledge that you are authorized to use the designated Payment Card or other payment method and you authorize us to charge your purchase order to that Payment Card or other payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the Payment Card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment Card processing fees may apply even if the Payment Card has expired or changed by the time Fold submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.

6. Taxes

With respect to the Gift Cards that you purchase on the website or mobile applications, the amount paid for any Gift Card does not include sales, value added or use taxes, which may be charged to you separately by the applicable Vendor at the time you purchase products or services from the Vendor using the Gift Card.

7. Fold Kickbacks

You may be eligible to earn certain rewards ("Fold Kickbacks") on the purchase of a Vendor’s Gift Card. You DO NOT, however, earn Fold Kickbacks on (i) the value of the subsequent purchase of a Vendor’s Gift Card with your Fold Card or on purchases made with Fold Kickbacks. Please see the Terms of Service and the Terms of Fold Reward Program for details.

8. Cancellations; No Returns

All purchases made on the websites or mobile applications are final. Purchased Gift Cards are non-returnable and non-refundable, provided, however, that if a Gift Card does not function, we may, in our sole discretion, either refund you the Gift Card purchase amount or replace the defective Gift Card with an alternative Gift Card or with products or services of equal value for the same Gift Card Vendor. If you have any questions or problems with your order, please contact [email protected]

9. Excluded Users and Territories

You are not permitted to make purchases from Fold if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a "Specially Designated National"; (iii) placed on the U.S. Department of Commerce’s "Denied Persons List or Entity List" or any other U.S. export control list; or (iv) are otherwise prohibited from purchasing a Gift Card by a Vendors applicable terms and conditions.

10. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information and data.

11. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12. Waiver

Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

13. Contact Us

If you have any questions or concerns regarding these Terms or the Fold products, please contact us at: [email protected]; or by mail to: Fold, Inc. Attn: Customer Support, 655 Montgomery, San Francisco, CA 94111.