PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE MARBLE REFERRAL PROGRAM.

Terms and Conditions

Marble Pay Inc. ("we," "us", "Marble", or the "Company") offers you the opportunity to earn rewards by referring friends to try our services (the "Services"). Your participation in the Marble Referral Program ("Marble Referral Program" or "Program") can earn you credits to use in conjunction with our Services, and may also get you additional rewards. We reserve the right to terminate the Program at any time for any reason. 

These terms and conditions ("Terms") apply to a user's participation in the Program. By participating in the Program, users agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program. If you do not agree to these Terms in their entirety, then you cannot register and participate in the Program. Users also cannot participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend at any time these Terms and the methods through which any Credits (as defined below) may be earned. We reserve the right to disqualify any Referring Customer or Prospective Customer at any time from participation in the Program.

1. How the Program Works.

‍1.1. Program Participation 

This Program is void where such referral programs are prohibited. Users who refer others to the program are "Referring Customers"; those who are referred are "Prospective Customers." Referring Customers may be eligible to receive "Credits" for every qualified referral. 

To participate, once you have created a Marble account, sync at least one current personal insurance policy, and follow the on-screen instructions to start referring. You will be provided a personal link or code which you can share with your friends and colleagues as much as you want. If a Prospective Customer uses your personal link, signs up and completes the steps mentioned in Section 1.3 (Qualified Referrals) below, you will receive a credit ("Credit") in the form of Marble rewards points, to use for designated Marble products and services, and Credits may only be used for designated Marble products and services and may never be redeemed for cash. To be eligible to redeem any rewards earned at any time during the program, you must have at one time synced at least one active personal insurance policy with your own account. A valid, personal, and non-VOIP phone number may be required for use of credits and redemption.

1.2. Referring Customer 

To be eligible for Program and to receive Credits, a Referring Customer must:

1. Be a legal resident of the United States;
2. Be at least 18 years old;
3. Have an existing, valid Marble account in good standing with the Company; and
4. Have provided the Prospective Customer with the Referring Customer's correct unique personal link or code.

Company reserves the right to determine if a Referring Customer's user account is valid based on criteria that includes, but is not limited to, account activity and ownership. 

Only individuals are eligible to participate in the Program. Companies and employees of Marble or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.‍

1.3. Qualified Referrals 

A Qualified Referral means that all the following conditions are met: 

1. The Prospective Customer completed the registration process for a Marble account using the Referring Customer's personal link or code. If a Prospective Customer registers for a subscription using any other link or method, the registration will not count as a Qualified Referral and the Referring Customer will not be rewarded a Credit; 
2. The Prospective Customer is a) at least 18 years old; b) meets the eligibility requirements to create a Marble account; and c) has consented to receiving communications from the Company; and
3. The Prospective Customer uploads an active personal insurance policy to their Marble account, as verified by Marble. This policy must not be a duplicate of a policy associated with another existing Marble account, including that of the Referring Customer. The Company may determine a duplicate policy in its sole discretion.

1.4. Verified Qualified Referrals 

All Credits are subject to verification. The Company may delay a Credit for the purposes of investigation. Company may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms, or Company believes will impose potential liability on Company beyond what is reasonable for this Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. Company may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond Company's control. Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. 

All of the Company's decisions are final and binding, except where prohibited, including decisions as to whether a Qualified Referral or Credit is valid.

1.5. Use of Credits

Credits may only be used for redemption of qualified products and services offered by the Company, which can change at any time. Credits may not, under any circumstances, be redeemed for cash. Company may cancel, amend or revoke Credits at any time for any reason. A valid, personal, and non-VOIP phone number may be required for use of credits and redemption. 

1.6 Expiration and Termination of Credits

Credits expire, if not redeemed, within eighteen (18) months of issuance. Additionally, Credits shall expire if your account has been dormant for six (6) months or otherwise terminates or is deactivated. Upon termination of the Program or any portion thereof for any reason any unredeemed Credits (including without limitation any unapplied Credits) accumulated by the Referring Customer are forfeited.

1.7 No Transfer of Credits

Credits are personal to the Referring Customer and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. 

2. Liability.

By participating in the Program, both Referring Customers and Prospective Customers agree:

2.1. To be bound by these Terms,

the decisions of the Company and their designees (including the any possible service providers), and the Privacy Policy of the Company;

2.2. To defend, indemnify, release and hold harmless the Company,

its service providers and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Credit); and

2.3. To receive communications from the Company from time to time.

2.4. That Company shall not be liable for: 

1. Late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission; 
2. Data corruption, theft, destruction, unauthorized access to or alteration of account 
3. Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time; 
4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or 
5. Claims, demands, and damages in disputes among users of the Program. 

3. Disclaimers.

3.1. The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.

3.2. The Company shall not be liable to any Referring Customer for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond the Company's control.

3.3. The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

3.4. REFERRING CUSTOMERS AND PROSPECTIVE CUSTOMERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

4. Limitation on Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PROGRAM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PROGRAM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE PROGRAM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

EXCEPT FOR COMPANY'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE COMPANY'S PRIVACY POLICY, COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, DATA, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

5. Exclusive Venue.

You and Company agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in the State of New York.

6. Governing Law.

THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

7. Privacy.

Participation in the Program may require Prospective Customers and/or a Referring Customer to submit personal information about themselves. The personal information will be collected, processed and used in accordance with Marble's Privacy Policy which can be found at https://www.marblepay.com/privacy-policy. In addition, personal information provided by the Prospective Customer may be used by the Company or its service providers, on Company's behalf, to contact users in regard to their participation in the Program and to receive e-mail communications from Company about its products and services. The Company may send out additional follow-up communications to either the Referring Customer or Prospective Customer to encourage or remind them to refer more Prospective Customers or to complete the registration process. By participating in the Program, Referring Customers consent to receiving such communications by email.

8. Code of Conduct.

8.1. Prohibited Conduct, Generally.

‍Referring Customers agree that they will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward other users. Users agree not to use the Program to: 

• Violate applicable law;
• Stalk, harass, or harm another individual;
• Collect or store personal data about other customers or potential Prospective Customers;
• Impersonate any person or otherwise misrepresent Referring Customer's identity;
• Interfere with, disrupt or violate the Terms or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
• Interfere with another customer's use of the Program;
• Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
• Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
• Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
• Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others;
• Submit personal information relating to third parties to the Program without the consent of those third parties;
• Engage in actions that disparage or malign or call into question the reputation of Marble, in Marble's sole discretion
  

8.2. Bulk Distribution ("Spam"). 

• If a Referring Customer provides its personal link or code to a Prospective Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By using a Referring Customer's personal link or code, the Prospective Customer represents that he/she has given consent to Company to send the Referring Customer his/her personal information such as full name and email address. 
  

• Bulk email distribution, distribution to strangers, or any other promotion of a personal link or code in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referring Customer's account and deactivation of the personal link or code. We have a zero-tolerance spam policy. 
  

• The Company has no obligation to monitor the content provided by Referring Customers; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. 
  

8.3. Fraudulent and Suspicious Behavior 

• The Company may prohibit anyone from participating in the Program or receiving or using a Credit if the Company determines, in its sole discretion, that such user, either directly or indirectly, is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices that would in any way annoy, abuse, threaten or harass any other users or representatives of the Company. 
  

• Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Referring Customer's disqualification from the Program. 
  

• Referring Customers may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit. 
  

• The Company reserves the right to disqualify any Referring Customer and/or cancel any Credit(s) if they determine a Referring Customer has tampered with the operation of the Program or violated these Terms. 

The Company reserves the right to suspend, disqualify or terminate any Referring Customer's or Prospective Customer's participation in the Program and to require the forfeiture of any Credits earned if the Referring Customer or Prospective Customer is found to have engaged in any prohibited conduct or otherwise violated the provisions of these Terms. 

CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE PROGRAM. THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION, IN THE EVENT OF ANY SUCH ATTEMPT.