Customer Portal Terms of Service

These Rainex Customer Portal Terms of Service are a legal agreement between Rainex.io (“Rainex,” “we,” “us,” “we,” or “our”) and you, the user of the Customer Portal service (“Customer,” “you,” or “your”). By using the Rainex Customer Portal Service, you agree to be bound by these terms and conditions.

General Provision

The Rainex Customer Portal is a website maintained by Rainex that allows you to view and modify information about purchases you make from a Merchant using the Rainex billing and subscription management platform. The Customer Portal may also allow you to store and manage your payment credentials that you use to make purchases from a Merchant.

Definitions

Authorized User means other customers of the Merchant whose services or product you pay for and use, or customers of other Merchants who have their own access to and use the Customer Portal.

Applicable Laws means, with respect to a party, all data protection laws, rules, regulations and orders of governmental authority (including laws, rules, and orders of governmental authorities of the European Union (“EU”), the European Economic Area (“EEA”) and their Member States, Switzerland, the United Kingdom (“UK”), the United States of America, and the privacy and data protections laws and regulations of any other country) to the extent applicable to such party’s processing of Personal Data under these Terms.

Customer Account means your account in the Customer Portal that contains your data, in which you manage your subscription to the Merchant’s services or product, in which you pay for the aforementioned services and to which you have exclusive access.

Customer Confidential Information means any information relating to an identified or identifiable natural person where an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Customer Confidential Information shall be interpreted consistent with applicable Data Protection Laws and includes at a minimum “personal information” as defined in those laws.

Customer Data means content, data and other information in any format that is submitted, uploaded, transmitted or otherwise made available to Rainex or posted to any part of the Portal by Customer or any Authorized User.

Documentation means Rainex’s documentation, including any instructions, usage guides and policies related to the operation and use of the Services which may be made available on the Customer Portal and Rainex’s website.

Merchant means a person or company that has entered into a contract with Rainex under which they or it makes their or its services or goods available to you for purchase through the Rainex Customer Portal.

Merchant Data means the data that Merchant provides to Rainex when entering into a contract to use Rainex services and in the course of operating the Rainex billing and subscription management platform and Customer Portal.

Rainex’s Confidential Information means information that is either clearly labelled as confidential, is of a confidential nature or would appear to a reasonable person to be confidential, and shall include all know-how, trade secrets, financial, commercial, technical, tactical or strategic information of any kind and the terms of this Agreement; all information produced or developed in the performance of this Agreement; Customer Data; the Portal, and the results of any performance tests in relation to the Portal.

Services means all products and services provided by Rainex, as applicable, including access to the Customer Portal and other tools provided by Rainex as part of the Services.

Terms means the terms and conditions pursuant to and in accordance with which Rainex makes the Customer Portal available for use.

Use of the Rainex Customer Portal

Rainex is a third party to your interaction with the company whose services or products you purchase on a subscription basis – the Merchant. You access your Customer Portal through a mechanism specified and controlled by the Merchant on their terms and conditions.

Rainex’s responsibilities include:

To ensure, to the best of Rainex’s ability, that you have uninterrupted access to your Client Portal;
To ensure that the Customer Portal complies with data security regulations and laws (GDPR, CCPA);
Not sharing your data with anyone other than those third parties who are service providers – payment gateways. Please note that Rainex does not store data about any of your payment methods, as it is stored on the side of the payment provider such as PayPal or Stripe and protected by their security certificates.

Merchant's Responsibility

Merchant is responsible for the security and safety of your data on its part. The Privacy Policy, Terms of Services or any other documentation provided to you by the Merchant is a guarantee of the security of your data.

The Merchant is responsible for ensuring that you are the only person with access to your Customer Portal.

The Merchant sets the terms on which you access the Customer Portal and controls the manner in which they offer their goods or services. By using the Customer Portal, you agree to the terms and conditions that Merchant specifies for subscriptions, including limiting your ability to cancel your subscription or receive a refund for goods or services you have already purchased. Please note that if you have any questions related to your subscription to the services or goods of your chosen Merchant, you should contact the Merchant directly.

The Merchant is responsible for providing you with the goods or services you purchase.

The Merchant provides you with information that is displayed on the Customer Portal. Please note that if your Customer Portal information is incorrect or incomplete, you should contact the Merchant to request the corrections you need.

Please note that Rainex is not and cannot be held liable for any fraudulent, deceptive or in any way infringing acts of the Merchant’s Responsibility. The Merchant is a Rainex client, i.e. they are buying our product to use for their business, therefore we cannot verify the validity of their product and services or guarantee their safety. For our part, we are equally committed to ensuring the safety of both our clients, the Merchants, and their customers, you, and we will endeavor to take appropriate reasonable lawful security measures in the event of any suspected illegal activity.

Customer Responsibility

The Customer Portal is a tool to manage certain aspects of your relationship with the Merchant.

By using the Customer Portal, you continue to have your obligations to the Merchant, your bank or credit card company.

You are responsible for purchases of goods or services you make from the Merchant.

It is your responsibility to comply with the laws, rules and regulations relating to your use of the Customer Portal:

Customer shall not knowingly access, store, distribute or transmit any virus or any material in the course of using the Portal that: is unlawful, harmful, threatening, defamatory, obscene, violates human rights, harassing or racially or ethnically offensive; violates any third party rights; facilitates illegal activity; encourages illegal violence; is discriminatory; or is otherwise unlawful or causes damage or injury to any person or property;
Customer shall not access or attempt to access non-public Rainex systems, programs, data or services and shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any part of the Portal in any form, media or by any means;
Customer shall not use the Customer Portal to provide services to third parties;
Customer shall not license, sell, rent, lease, rent, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise provide access to the Portal to any third party other than Authorized Users;
Customer shall not perform or attempt to perform any act that would interfere with the proper operation of the Customer Portal or affect the use of the Customer Portal by our other Authorized Users;
Customer shall use all reasonable efforts to prevent any unauthorized access to or use of the Customer Portal, and in the event of any such unauthorized access or use, promptly notify Rainex and Seller.

Customer Data

Customer authorizes Rainex to process Customer Data in a manner consistent with these Terms in order to:

provide the Services;
analyze, develop, maintain, monitor and improve the Services and the Customer Portal;
prevent fraud or other harm to customers;
collect aggregated, anonymized data resulting from Customer’s use of the Services and the Customer Portal to gather statistics, metrics, analytics and general trends about the Services and the Customer Portal, including for marketing purposes.

By using the Customer Portal, you agree to Rainex’s Privacy Policy, which is incorporated into and made a part of these Terms of Service. Rainex protects Customer Data to the same extent that Rainex protects Merchant Data in accordance with the Privacy Policy.

Please be aware that your data may be transferred, processed and stored outside your country (including, if you are in the European Union, outside the European Union) and that your data may be subject to disclosure as required by applicable law.

Ownership and Reservation of Rights

As between the Parties, Rainex owns and reserves all proprietary rights, title, and interest in and to the Customer Portal, the Services, the Documentation, Rainex’s Confidential Information, any data derived from the Services that does not directly or indirectly identify Customers, and any feedback or suggestions provided by or on behalf of Customer regarding the Services.

As between the Parties, Customer owns and reserves all ownership rights, title, and interest in Customer Confidential Information and Customer Data, subject to Rainex’s rights to process Customer Data in accordance with these Terms.

Representations and Warranties

By using the Customer Portal, Customer represents and warrants that:

they have the legal right and authority to enter into this Agreement, use the Services, and fulfill their obligations under this Agreement and any of their agreements with Merchant;
any information provided to us in connection with the Customer Account and the Services is accurate and complete;
they will comply with all applicable legal and regulatory requirements applicable to the exercise of their rights and performance of their obligations under this Agreement.
they will not use the Customer Portal, directly or indirectly, for any fraudulent, illegal or abusive purpose or in any manner that interferes with the proper functioning of the Services.

Term and Termination

These Terms of Service are effective upon your first access to Stripe’s Customer Portal and apply to you until either you stop using the Customer Portal or the Merchant or Rainex terminates these Terms or the service.

To stop using the Customer Portal, cancel future payments and any other form of interaction with the Portal, you must contact the Merchant and resolve any issues you may have with them directly.

If you resume your use of the Customer Portal, these Terms of Service will again apply to all of your activities in the Portal.

Rainex may suspend your access to the Customer Portal or immediately terminate these Terms of Service if

you use the Customer Portal in a prohibited manner or otherwise fail to comply with any provision of these Terms of Service;
or pursuant to any law that requires restriction of your access.

Disclaimer

The Customer Portal, including all content, software, features, materials and information available on, provided in connection with or accessible through the Customer Portal, are provided “as is”.

To the fullest extent permitted by law, Rainex makes no representations or warranties of any kind, whether express, implied, statutory or otherwise, including the services, content, materials, information and features available through the Customer Portal or for any breach of security related to the transmission of confidential information through the Customer Portal. We disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permitted by law.

Rainex does not warrant that the functions contained in the Customer Portal will operate uninterrupted or error-free and is not responsible for any interruptions in service, including system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions.

You acknowledge that the networks of Internet service providers and telecommunications companies are inherently insecure. Accordingly, you agree that we are not responsible for any alteration, interception or loss of customer data in transit over the Internet or telecommunications provider’s network.

Limitations of Liability. Force Majeure

In no event will either Party have any liability arising out of or related to these Terms for any indirect, consequential, special, punitive or exemplary damages, including damages for any lost profits, lost revenue, loss of goodwill or indirect, special, incidental, consequential, cover, loss of data, business interruption or punitive damages, whether the action is in contract or tort and regardless of the theory of liability, even if a party has been advised of the possibility of such damages or if a party’s remedy otherwise fails of its essential purpose. the foregoing disclaimer will not apply to the extent prohibited by law.

In no event will the total aggregate liability of either Party’s disclaimer arising out of or related to these Terms of Service or the Customer Portal exceed $10.00 under these Terms of Service for the Services for which liability arises during the twelve (12) month period preceding the first incident out of which the liability arose. Each party acknowledges that the other party has accepted these Terms of Service in reliance on the limitations of liability set forth in this section and that the foregoing limitation will apply whether the action is in contract or tort and regardless of the theory of liability.

Neither Party shall be deemed in breach this Agreement and shall not be liable for any delay, irregularity, termination or interruption in the performance of its obligations for reasons beyond its reasonable control, including, earthquake, flood or other natural disaster, pandemic, labor controversy, civil disturbance, strikes, terrorism, war (officially declared or not), cyber-attacks (for example, denial of service attacks), technical failures or inability to obtain sufficient resources, necessary for the conduct of business (for example, power shortages), or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government, regulatory or any judicial authority or representative of any such government.

Miscellaneous

Governing Law

This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict of laws provisions. The Parties acknowledge and agree to submit to the exclusive personal jurisdiction of the federal and state courts of New Castle, Delaware, in order to resolve any dispute related to these Terms or your access to or use of the Services. Each Party declares that it is not included in any restricted persons list maintained by the United States and any member of the European Union.

Governing Language

These Terms of Services and all related agreements, schedules, materials, licenses and policies are written in English. In this regard, all disputes between the Parties related to the Documentation shall be resolved in English.

Personal Data Protection Clauses

Each Party is responsible for complying with all applicable local, state, provincial, federal and international laws and regulations (Applicable Laws), including applicable legal data protection requirements, for the purposes of this Agreement.

We undertake to implement and maintain commercially reasonable technical, administrative and physical safeguards and security methods designed to prevent any unauthorized access to or disclosure of your Service Data and any other Personal Information in accordance with GDPR and CCPA.

By using the Customer Portal, you agree to the Privacy Policy, which is incorporated into and made a part of these Terms of Service.

Assignment

You may not assign these Terms of Service or any of your rights or obligations, by operation of law or otherwise, without our prior written consent, and any attempted assignment will be void.

We reserve the right to freely assign these Terms of Service and our rights and obligations to any third party without prior notice or consent.

Waiver

Any failure or delay by Rainex to enforce or exercise any provision of these Terms or any related right does not constitute a waiver of that right. If any provision of these Terms is found to be invalid or unenforceable, such provision will be limited or deleted to the minimum extent necessary, so that otherwise this Agreement remains in full force and effect and enforceable. No waiver (or consecutive waivers) of any single breach or default will act or be interpreted as a waiver of any subsequent breach or default.

Modification

We may amend these Terms from time to time. If the change significantly affects your rights or obligations, we will notify you in advance by placing a prominent banner on the Website and/or sending a message to your email address. Please note that if you provide incorrect or false information when registering with the Portal, we are not responsible for your non-receipt of information.

If you are a current user of the Customer Portal, the changes will take effect 10 days after we post the changes on our website, and your use of the Customer Portal more than 10 days after the changes are posted will constitute your acceptance of the modified Terms of Service.

If you do not agree to any changes, your sole and exclusive remedy is to stop using the Customer Portal.