Merchant Reward Offers Powered by Dosh Terms of Service

Last Updated: April 28, 2023

These Merchant Reward Offers Powered by DOSH Terms of Service (the “DOSH Terms”) govern your use of the DOSH Holdings LLC (“DOSH,” “our,” “we”) platform (the “DOSH Platform”). These DOSH Terms are between DOSH and you.

The DOSH Platform and Dosh Program (as defined below) is a third-party service offered in connection with the Gemini Mastercard® Credit Card (the “Gemini Credit Card”) rewards program (the “Gemini Rewards Program”). The Gemini Rewards Program is offered by Gemini Trust Company, LLC (“Gemini Trust”) and enables eligible Gemini Trust customers to receive digital asset rewards (“Rewards”) on certain qualifying purchase transactions made using the Gemini Credit Card as further described in and governed by the Gemini Credit Card Crypto Rewards Program Terms and Conditions (the “Gemini Rewards Program Terms”). The Gemini Credit Card is issued by WebBank, an FDIC-insured, Utah state-chartered industrial bank headquartered in Salt Lake City, Utah (“WebBank”). Gemini Constellation, LLC (“Gemini Constellation”) is the servicer of the Gemini Credit Card and the servicer of the Gemini Rewards Program. DOSH is not affiliated with Gemini Trust, Gemini or WebBank.

Gemini offers a certain subset of Rewards called “Merchant Rewards Offers” when you make qualifying purchase transactions from participating merchants. A current list of participating merchants and offer terms of the Merchant Rewards Offers is available in the “Merchant Reward Offers” section of the Card tab of the Gemini Website and/or Mobile.

DOSH, via the DOSH Platform, facilitates and powers the Merchant Rewards Offers (the “DOSH Program”). By participating in the DOSH Program, you agree that DOSH may create a record for you on its platform in order for you to earn and redeem Merchant Rewards Offers based on qualifying transactions with participating merchants (the “Services”). You may opt out of the Dosh Program at any time by calling Gemini’s customer support at 1-877-725-1116.

1. YOUR ACCEPTANCE OF THESE DOSH TERMS

By accessing or using the Services in any way or by clicking to agree to these DOSH Terms (or any agreement that has incorporated these DOSH Terms) when that option is made available to you, you agree to be bound by these DOSH Terms and the DOSH Privacy Policy which is incorporated by this reference into these DOSH Terms. If you do not agree to all these DOSH Terms, do not access or use the Services.  You may opt-out of the DOSH Program at any time by calling Gemini’s customer support at 1-877-725-1116.

2. THE SERVICES

The purpose of the Services is to help you earn Merchant Rewards Offers with minimal effort by rewarding you for certain qualifying purchases and other activities. The DOSH Privacy Policy governs our collection, use, storage, and disclosure of user information. DOSH is in no way affiliated with the merchants that extend offers to you through the DOSH Program. Subject to these DOSH Terms, we will enable Gemini and Gemini Trust to provide Merchant Rewards Offers to you in accordance with the Gemini Rewards Program Terms when you purchase qualifying goods or services at participating merchants with your eligible Gemini Credit Card. DOSH, in its sole discretion, establishes the terms and conditions for each qualifying purchase eligible for Merchant Reward Offers. The following transaction types are never eligible to receive Merchant Reward Offers:

• ATM transactions;
• In-store cash withdrawals or cash back;
• Any transactions identified by a merchant as not being eligible to receive rewards;

All offers made available to you are temporary and may become unavailable without notice.

Prior to purchase, all Merchant Rewards Offers made available to you are temporary and may become unavailable without notice.

Without limiting any of the other terms of these DOSH Terms, if you return, charge back, cancel, dispute, or otherwise request a refund for a qualifying purchase for which you have already received rewards, we reserve the right to require that Gemini and Gemini Trust withhold future Merchant Rewards Offers to offset any such amount.

All Services are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes.

In addition to your other representations and warranties in these DOSH Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity.

3. OWNERSHIP AND PROPRIETARY RIGHTS IN THE SERVICES
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You acknowledge and agree that the Services are protected by applicable copyright, patent, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of DOSH and/or their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Services or DOSH.

4. MISCELLANEOUS
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These DOSH Terms, including the DOSH Privacy Policy, constitute the entire agreement between you and us regarding the Services. These DOSH Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not expressly made a part of these DOSH Terms. We may, without prior notice or liability to you, discontinue the Services or modify the Services by adding or removing features or functionalities, even though such changes may affect rewards awarded to you. We may also revise these DOSH Terms from time to time in our sole discretion, subject to applicable law. When we revise these DOSH Terms, we will update this document to reflect those changes. You are free to decide whether or not to accept a revised version of these DOSH Terms, but accepting these DOSH Terms, as revised, is required for your continued access to and use of the Services. If you do not agree to these DOSH Terms or any revised version of these DOSH Terms, you may opt out of the Dosh Program by calling Gemini’s customer support at 1-877-725-1116. Except as otherwise expressly stated by us, your access to and use of the Services are subject to the version of these DOSH Terms in effect at the time of your access or use.

These DOSH Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these DOSH Terms.

Privacy Policy

Last Updated: April 28, 2023

DOSH Holdings LLC (the “Company,” “we,” “us,” and “our”) is committed to treating your Personal Information with respect and sensitivity. This privacy policy (this “Privacy Policy”) explains how we may collect, store, use, and disclose information when you access or use DOSH Terms. By participating in the Dosh Program, you agree that DOSH may create a record for you on its platform in order for you to earn and redeem rewards based on qualifying transactions with participating merchants (the “Services”).

YOUR ACCEPTANCE OF THIS PRIVACY POLICY

By accessing or using the Services, you consent to our collection, storage, use, and disclosure of your information as described in this Privacy Policy. The provisions contained in this Privacy Policy supersede all prior notices and statements regarding our privacy practices with respect to the Services. If you do not agree to every provision of this Privacy Policy, you may not access or use the Services.

PROTECTING CHILDREN’S PRIVACY

The Services are not directed, or intended to be attractive, to children under the age of 13. We do not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, do not use the Services or submit any information to us. If we learn we have collected or received Personal Information from a child under the age of 13 without verification of parental consent, we will delete that information.

TYPES OF INFORMATION WE COLLECT AND HOW WE COLLECT IT

When you access or use the Services, we may collect information that does not identify you (“Anonymous Information”). When Anonymous Information is, directly or indirectly, associated or combined with Personal Information, such Anonymous Information will be considered Personal Information for purposes of this Privacy Policy. In addition, to the extent Internet Protocol (“IP”) addresses or similar identifiers or information is considered personally identifiable information by applicable law, we will treat such identifiers and information as Personal Information under this Privacy Policy.

HOW WE USE & SHARE INFORMATION

We only use your use Personal Information for certain purposes allowed by law. Notwithstanding anything to the contrary in this Privacy Policy or the DOSH Terms, we may use Personal Information, payment method and transaction information solely as follows:

• to confirm a qualifying purchase for the purpose of matching transactions to confirm whether you qualify for a Merchant Reward Offer;
• to create a record of the transaction information and thereafter maintain and use data in connection with the Services;
• to conduct analysis for the improvement and optimization of the Services;
• to provide participating merchants aggregated and anonymized information relating specifically to payment method activity solely to allow participating merchants to assess the results of their campaign;
• to provide information in order to respond to a request from a government authority or a payment organization involved in a transaction with you or a merchant; and
• to enable the sharing, exchange and use of transaction information described above and herein by and among us, the payment networks, applicable third-party service providers and applicable merchants.