Rain Terms and Conditions

Last Updated: December 7, 2023

Welcome to Rain, a decentralized lending and borrowing platform for NFTs and crypto on the Solana blockchain. These terms and conditions ("Terms") govern your use of the Rain website and platform (Rain.fi). By accessing or using Rain, you agree to comply with these Terms. If you do not agree with any part of these Terms, you may not use our platform.

1. Definitions

1.1 Blockchain: Refers to the network of distributed ledger technology connected to the Rain platform, e.g., the Solana blockchain.

1.2 Blockchain Address: Refers to a unique sequence of numbers, letters, and cryptographic functions stored on the Blockchain.

1.3 Collector: Refers to any natural or legal person borrowing or lending digital assets on the Rain platform.

1.4 Crypto-asset: Refers to any digital asset operating on a Blockchain, such as a utility token or a digital asset designed for lending and borrowing purposes.

1.5 Creator: Refers to any natural or legal person who is the legitimate holder of the rights associated with a specific NFT Collection on the Rain platform.

1.6 File: Refers to the digital element uniquely associated with one NFT and stored on a third-party website.

1.7 File Related Rights: Refers to the intellectual property rights associated with the Files, including image rights, copyrights, and trademarks.

1.8 Platform: Refers to the Rain lending and borrowing platform, including its functionalities accessible through the Website.

1.9 NFT: Refers to a token stored on a Blockchain complying with a non-fungible token standard associated with the underlying Blockchain.

1.10 NFT Collection: Refers to a series of NFTs that belong to the same collection, e.g., having similar attributes or provided by a Creator in a unique drop on the Rain platform.

1.11 Primary Market: Refers to the primary lending and borrowing activities occurring on the Rain platform.

1.12 Secondary Market: Refers to the secondary lending and borrowing activities occurring on the Rain platform.

1.13 Rain: Refers to the company providing the lending and borrowing services on the Rain platform.

1.14 Services: Refers to the lending and borrowing services provided by Rain, including the services set out in section 7.

1.15 Specific Terms: Refers to any additional and separate agreement concluded between Rain and a Creator or Collector.

1.16 T&Cs: Refers to these terms and conditions.

1.17 Third-Party Service: Refers to any service offered on the Rain platform by a third party.

1.18 User: Refers to Collectors and Creators.

2. Purpose and Scope

2.1 Rain operates the platform, which is a lending and borrowing platform allowing Collectors to borrow cryptocurrency by collateralizing their NFTs/cryptocurrency, and lenders to issue cryptocurrency loans in exchange for NFTs/cryptocurrency. Rain acts solely as an intermediary, providing a digital infrastructure to facilitate transactions on NFTs.

2.2 The purpose of the T&Cs is to define the conditions under which the Rain platform may be accessed and to define the rights and obligations of Users and Rain in this context.

2.3 Due to the lending and borrowing nature of the platform, the T&Cs do not govern any relationship between Collectors and Creators. Rain's role is limited to the operation of the lending and borrowing platform and the provision of related services.

2.4 As to Creators, the T&Cs may be supplemented by Specific Terms. In case of contradiction between the T&Cs and Specific Terms, the Specific Terms shall prevail.

3. Pre-contractual Information; Warnings

3.1. NFT Features and Characteristics

3.1.1 NFTs act as digital ownership certificates of associated Files and other data. The scarcity, ownership, and traceability of an NFT are guaranteed by the underlying token, which is different from the Files itself.

3.1.2 In essence, the File is a piece of work subject to intellectual property rights, and the token associated with the NFT may be considered a certificate of authenticity or a means to transfer the property associated with such a piece of work, based on a Blockchain.

3.1.3 Unless otherwise stated by Creators, the purchase of an NFT does not imply the purchase of any File Related Rights.

3.2. Use of Blockchain and Cryptographic Technologies

3.2.1 Accessing the Rain platform, using the Services, and borrowing and lending digital assets require a deep understanding of blockchain technologies, digital non-custodial Wallets, and a good knowledge of the lending and borrowing market, particularly the Solana Blockchain.

3.2.2 Users understand that Crypto-assets operate on networks without intermediaries and do not have legal tender, unlike currencies issued by central banks. The legal framework of Crypto-assets and NFTs varies by jurisdiction, and they may be subject to a regulatory framework that could impact their value.

3.2.3 Users are aware that Crypto-assets and NFTs are digital assets with value not inherently guaranteed, and their value depends on unregulated markets, exposing Users to high risks of loss of value.

3.2.4 Services based on blockchain technologies, such as Rain, are exposed to cyber-attacks (e.g., phishing) and hacking practices more than other services.

3.2.5 In case of doubt or lack of understanding of the functioning of blockchains, non-custodial wallets, Crypto-assets, or NFTs, Users should refrain from accessing the Rain platform and using the Services.

3.3. Security

3.3.1 Due to the non-custodial features of Wallets, Users, especially Collectors, acknowledge and agree that they are primarily responsible for the security of their Wallets, their NFTs, their Crypto-assets, their data, and their funds.

3.3.2 Users must ensure that their Wallet is secure and should never share their Wallet credentials or seed phrase with anyone. Rain will never ask for a User’s credentials associated with a Wallet.

3.3.3 Rain does not store any password or seed phrase, nor has any access to any User credentials, except the User’s email address when willingly shared with Rain. Rain cannot be held liable for any security breach attributed to a User.

4. Access to the Services

4.1 For Collectors

4.1.1 In order to fully use the Services (e.g., borrow and lend digital assets), Collectors must have (i) a Blockchain Address, (ii) a Wallet associated with such Blockchain Address, and (iii) funds in Crypto-assets associated with such Blockchain Address.

4.1.2 Compatible wallets that may be used on the Rain platform are listed on the Website.

4.2 For Creators

4.2.1 In order to register as a Creator and fully benefit from the Services (especially offering NFTs for lending and borrowing), any natural or legal person must contact Rain beforehand. Access and use of the Services may be subject to prior approval from Rain.

4.2.2 Creators acknowledge and agree that the use of the Rain platform and access to the Services are subject to the Creator having a legal and tax status (e.g., a company or a regular freelancer status) allowing the regular provision of services in compliance with local laws where they operate.

5. Acceptance and Amendment

5.1. Acceptance

5.1.1 These T&Cs apply, without restriction or reservation, to any use of the Services, the Website, and the Rain platform. By using the Services, each User fully and unconditionally accepts

6. Governing Law and Jurisdiction

6.1 The T&Cs are governed by and interpreted according to French laws.

6.2 Any conflict or dispute related to the validity, the interpretation, performance, and/or termination of the T&Cs must be submitted to the exclusive jurisdiction of the Commercial Court of Paris (1 Quai de la Corse, 75001 Paris).

6.3 According to applicable consumer laws, non-professional Users may submit any dispute related to the T&Cs in the jurisdiction where they were living at the moment of the acceptance of the T&Cs or in the jurisdiction where the damage occurred.

7. Security Breach and Protocol Exploit

7.1 Audit and Security Measures: Rain acknowledges that the platform and its protocols have been audited by FYEO in June 2023. While this audit aimed to enhance the security and integrity of the platform, Rain acknowledges that no system is entirely immune to vulnerabilities or exploits.

7.2 User Acknowledgment of Risks: Users acknowledge and accept that, despite best efforts in implementing security measures, the inherent nature of blockchain and decentralized finance technologies carries risks, including the risk of exploits and security breaches that may result in the loss of funds or digital assets.

7.3 Limitation of Liability: Rain shall not be liable for any loss or damage arising from unauthorized access to, or use of, the platform and services, including any loss of funds or digital assets resulting from a security breach or protocol exploit. This limitation of liability is applicable to the fullest extent permitted by law and survives any termination or expiration of these Terms or the use of the Rain platform and services.

7.4 Notification of Breach: In the event of a security breach or suspected protocol exploit, Rain will make reasonable efforts to notify affected users promptly, subject to the needs of law enforcement and any measures necessary to determine the scope of the breach and to restore the integrity of the system.

7.5 User's Responsibility in Security Breach: Users are responsible for taking immediate steps to secure their accounts in the event of a security breach, including changing passwords, securing digital wallets, and monitoring their accounts for any unauthorized activity.

7.6 Cooperation in Investigation: Rain and its users agree to cooperate fully with any investigation into security breaches or protocol exploits and to assist in the prosecution of any individuals involved in such activities.

7.7 Amendments in Response to Exploits: Rain reserves the right to amend these Terms and its platform protocols in response to a security breach or exploit to enhance security and protect its users.

Cookies and Local Storage

Last Updated: December 7, 2023

Welcome to [Your Website Name]. This section of our Privacy Policy is dedicated to explaining how we use cookies and local storage on our website.

What Are Cookies and Local Storage?

Cookies are small text files stored on your device by a website. They are commonly used to remember your preferences and enhance your browsing experience. Local storage is a method that allows websites to store data directly in the web browser.

How We Use Cookies and Local Storage

We use cookies and local storage for various purposes to improve your experience on our site. Below are specific types of cookies and local storage data we use that are prefixed with 'rainfi':

• rainfi-liquidity-modal: This cookie remembers if you have interacted with our liquidity modal, helping us provide a more personalized experience.
• rainfi-last-news-seen: We use this cookie to track the last news item you viewed, ensuring that you are always informed about the latest updates.
• rainfi-bnpl-tutorial: This cookie indicates whether you have completed our Buy Now Pay Later tutorial, allowing us to offer appropriate guidance and support.
• rainfi-sorting-loans: Used to remember your preferences for loan sorting options, enhancing your browsing experience on our loan-related pages.
• rainfi-is-defi: This local storage item helps us understand your preference in terms of decentralized finance options, enabling us to tailor our services accordingly.
• rainfi-only-loans: We store your preference for viewing loans only, making it easier for you to find relevant loan options.

Additional Cookies and Local Storage Data

Along with the 'rainfi' prefixed cookies, our website also uses the following cookies for analytics, performance, and functionality:

• Google Analytics Cookies (_ga, _ga_XXX): These cookies are set by Google Analytics and are used to distinguish users and sessions. They help us understand how visitors interact with our website, enabling us to improve user experience and service quality.
• _clck: This cookie is used for tracking user preferences and interactions with the website. It helps in improving user experience by remembering user choices and providing customized content.
• rpc-auth-token: This cookie is used for authentication purposes. It ensures that users sessions are secure and that their data is protected from unauthorized access.
• _mmapiwsid: This cookie is associated with website performance and functionality. It helps in managing website sessions and ensuring that our services function smoothly.

Data Security and Privacy

We are committed to ensuring the security and confidentiality of the data we collect through cookies and local storage. The information gathered is used solely for enhancing user experience and for analytical purposes. We do not use these cookies to collect personal information about our visitors, and we do not share this data with third parties without your explicit consent, except as necessary to provide our services or as required by law.

Your Choices and Consent

By using this website and interacting with it, you accept the use of these cookies when you first visit our website. You can also control and manage these cookies through your browser settings at any time. Please be aware that disabling cookies might impact the functionality of our site and your user experience.

Changes to Our Cookie Policy

This policy may be updated to reflect changes in our practices or legal obligations. We encourage you to review this policy periodically to stay informed about how we use cookies and related technologies.

If you have any questions about our use of cookies, or if you would like to exercise your privacy rights, please contact us at [Your Contact Information].