BTM Terms of Service

TERMS OF SERVICE
Website: https://rocketbtm.com/
Email: Support@RocketBTM.com
FinCEN Registration Number: 31000233216952
Last updated: June 27, 2023

ACCEPTANCE OF THE TERMS OF SERVICE
Acceptance of the Terms of Service

These Terms of Service (“Terms”) apply to any access to, or use of, any services made available
by Blockchain Technology Machines, Inc. dba Rocket BTM (“Rocket BTM” “we,” “us,” or
“our”) using the website https://rocketbtm.com/ (the “Site”) or our mobile applications, and to
any other related services provided by Rocket BTM, including the use of our Bitcoin ATM
Kiosks (collectively, the “Services”).
Please read the Terms of Service carefully before you start to use the Services. By using the
Services or by clicking to accept or agree to the Terms of Service when this option is made
available to you, you accept and agree to be bound and abide by these Terms and our privacy
policy. If you do not agree to these Terms of Service or the privacy policy, you must not access
or use the Services.


Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All
changes are effective immediately when we post them and apply to all access to and use of the
Services thereafter. However, any changes to the dispute resolution provisions set out in
Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual
notice before the change is posted by us. If we make changes, we will let you know by revising
the date at the top of the Terms. Your continued use of the Sites after such posting shall be
deemed to constitute acceptance by you of the changes.


1. ELIGIBILITY

1.1. General Requirements

The Services are intended solely for users who are 18 or older and who satisfy the criteria
described in these Terms. You represent and warrant that you: (a) are of legal age to form a
binding contract; (b) have not previously been suspended or removed from using our

 

Services; (c) are not identified on any of the Office of Foreign Assets Control sanctions lists;
and (d) have full power and authority to agree to these Terms.

1.2. Restricted Locations

You may not use the Services if you are located in, or a citizen or resident of any state,
country, territory or other jurisdiction where your use of the Services would be illegal or
otherwise violate any applicable law. You represent and warrant that you are not a citizen or
resident of any such jurisdiction. You also may not use the Services if you are located in, or a
citizen or resident of, any other jurisdiction where Rocket BTM has determined, at its
discretion, to prohibit use of the Services. Rocket BTM may implement controls to restrict
access to the Services. You will comply with this Section even if Rocket BTM’s methods to
prevent use of the Services are not effective or can be bypassed.

2. DESCRIPTION OF SERVICES

Rocket BTM operates several Bitcoin ATM Kiosks (“BTM”) where customers can exchange
Bitcoin for US dollars. You agree that Rocket BTM will not be held responsible for any losses
arising from using the Site or Services.

3. COMPLIANCE

As a Money Service Business (“MSB”) registered with the Financial Crimes Enforcement
Network (“FinCEN”), we have certain duties to know our clients, keep records of the
transactions, employ an Anti-Money Laundering (“AML”) Compliance Program, and have a
dedicated Compliance Officer to monitor the transactions. We perform audits and tests of the
veracity of our program and have a zero-tolerance policy when it comes to compliance. If you
violate any portion of our compliance requirements, we reserve the right, at any time and for any
reason, without explanation, to terminate your ability to use our services.

We collect and record certain information from our customers. Depending on the size of the
transaction and the nature of our relationship, we collect:

● Your First and Last Name
● SMS Phone Verification;
● A copy of your Driver’s License or government issued identification card;
● If required, your Social Security Number or Taxpayer Identification Number.

We leverage this information to perform OFAC and other watchlist screening of all customers
and we file Currency Transaction Reports (“CTRs”) if a customer transacts over $10,000 worth
of fiat currency in a rolling 24-hour period.

You authorize us, directly or through third parties, to make any inquiries we consider necessary
to validate your identity. This may include asking you for further information, requiring you to
provide a taxpayer identification number, requiring you to take steps to confirm ownership of
your email address or financial instruments, ordering a credit report, or verifying your
Information against third party databases or through other sources. Prior to your use of the
Services, you must provide all information we request. You acknowledge that we will analyze
and validate your identity to determine whether you qualify to perform a transaction

 

(“Verification Process”). Your use of the Services may be delayed during the Verification
Process, and we disclaim responsibility for any loss, delay or other harm relating to the delay or
denial. If you do not pass the Verification Process, or if you fail to provide any of the
information required to perform a transaction, you may be denied access to the Services. If you
believe your access to the Services has been wrongly denied, please contact us.


4. RISK DISCLOSURES; ASSUMPTION OF RISKS, RELEASE OF HERMES BITCOIN
When buying or selling cryptocurrency, you are voluntarily choosing to engage in a
sophisticated and risky financial transaction. You acknowledge that you are aware of the
many risks associated with using a BTM, including but not limited to, risks of financial
loss, legal risk, or theft.
You hereby irrevocably waive, release and discharge any and all claims, whether known or
unknown to you, against Rocket BTM, and its affiliates.

Rocket BTM disclaims any and all liability for the use of our Services. You represent and
warrant that you have the knowledge, experience, understanding, professional advice and
information to make your own evaluation of the merits and risks.

You agree that you have had whatever opportunity you deem necessary to investigate the Rocket
BTM Services, laws, rules, or regulations that may be applicable and that you are not relying
upon any statement of law or fact made by Rocket BTM relating to the legality of selling
cryptocurrency. The foregoing disclaimers apply to the maximum extent permitted by law.

5. PRIVACY POLICY

Please refer to our privacy policy for information on how Rocket BTM collects, uses, and shares
your information.

6. GENERAL SERVICE TERMS

6.1. Dispute Resolution

Rocket BTM reserves the right to resolve issues and disputes at its sole discretion. Users
agree to bear the costs arising from the process of dispute resolution.

6.2. Accuracy of Information

Users must provide any information required by any screen displayed within the
Services. You represent and warrant that all information you provide via the Services is
accurate and complete in all respects.

6.3. Compliance with Law; Taxes

You are responsible for complying with all applicable laws related to your use of the
Services, including any and all applicable taxes. Rocket BTM is not responsible for
determining whether taxes apply to your use of our services.

 

6.4. Unacceptable Use or Conduct

You will not:
● Violate any law, regulation, contract, intellectual property or other third-party right, or
commit a tort while using the Services;
● Use the Services in any manner that could interfere with, disrupt, negatively affect, or
inhibit other users from fully enjoying the Services, or that could damage, disable,
overburden, or impair the functioning of the Services in any manner;
● Use any robot, spider, crawler, scraper, or other automated means or interface not
provided by Rocket BTM to access the Services or to extract data;
● Use or attempt to use another user’s account without authorization;
● Introduce any malware, viruses, or other harmful material to the site;
● Develop any third-party applications that interact with our Site without our prior written
consent, or unless otherwise agreed;
● Provide false, inaccurate, or misleading information;

6.5. Service Fees

Rocket BTM reserves the rights to charge service fees on users who use its services. It is in the
discretion of Rocket BTM to adjust the service fees charged to users using its services. Any tax
is additional. Fees are non-refundable.

7. ELECTRONIC NOTICES

7.1. Consent to Electronic Delivery

You consent to receive electronically all communications, agreements, documents,
receipts, notices, and disclosures (collectively, “Communications”) that Rocket BTM
provides in connection with the Services. You should maintain copies of electronic
Communications by printing a paper copy or saving an electronic copy. You may also
contact Rocket BTM at support@HermesBitcoin.com.

7.2. Withdrawal of Consent

You may withdraw your consent to receive electronic Communications by sending a
withdrawal notice to our Support Team by filing a support request at
support@HermesBitcoin.com. If you decline or withdraw consent to receive electronic
Communications, Rocket BTM may suspend or terminate your use of the Services.

7.3. Updating Contact Information

It is your responsibility to keep your email address and/or mobile phone number on file
with Rocket BTM up to date so that Rocket BTM can communicate with you
electronically. If Rocket BTM sends you an electronic Communication but you do not
receive it because your email address or mobile phone number on file is incorrect, or you
are otherwise unable to receive electronic Communications, Rocket BTM will be deemed
to have provided the Communication to you.

8. PROPRIETARY RIGHTS


8.1. Ownership of Services

The Services, Site and all technology, content, data and other materials used, displayed or
provided or received by you in connection with the Services or Site (“Rocket BTM
Materials”) together with all intellectual property rights in any of the foregoing are, as
between you and Rocket BTM, owned by Rocket BTM.

These Terms of Service permit you to use the Services for your personal, non-
commercial use only. You must not reproduce, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download, store or transmit any
of the material appearing on our Services. You must not access or use for any commercial
purposes any part of the Services or any materials available through the Services.


8.2. Limitations

You may use the Rocket BTM Materials solely as authorized by Rocket BTM in
connection with your use of the Services for as long as Rocket BTM permits you to
continue to access the Services. Without limiting the foregoing: you will not (a) modify
or create derivative works of the Site, Services or Rocket BTM Materials, or any portion
thereof, or any data or information received by you in connection therewith; (b) frame,
display or incorporate the Site, Services or Rocket BTM Materials in any website or any
other work of authorship; (c) decompile, disassemble, reverse engineer or attempt to
discover the source code of the Site, Services or Rocket BTM Materials; or (d) otherwise
use the Site, Services or Rocket BTM Materials for any commercial or non-commercial
purpose other than their intended purposes determined at Rocket BTM’s discretion.
“Rocket BTM”, any product or service names, logos, and other marks used on the Site or
Rocket BTM Materials, or otherwise in connection with the Services, are trademarks
owned by Rocket BTM or its licensors. You may not copy, imitate or use them without
Rocket BTM's prior written consent.

8.3. Feedback

Rocket BTM will own any feedback, suggestions, ideas, or other information or materials
that you provide, whether by email, posting through the Services or otherwise
(“Feedback”). You hereby assign to Rocket BTM all right, title and interest to Feedback
together with all associated intellectual property rights. You will not be entitled to, and
hereby waive any claim for, acknowledgment or compensation based on any Feedback or
any modifications made based on any Feedback.

9. DISCLAIMER OF WARRANTIES

To the maximum extent permitted under applicable law, the site, the services, the Rocket BTM
materials and any product, service or other item provided by or on behalf of Rocket BTM are
provided on an “as is” and “as available” basis and Rocket BTM expressly disclaims, and you
waive, any and all other warranties of any kind, whether express or implied, including, without
limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-
infringement or warranties arising from course of performance, course of dealing or usage in

trade. Without limiting the foregoing, Rocket BTM does not represent or warrant that the site,
the services or Rocket BTM materials are accurate, complete, reliable, current, error-free, or free
of viruses or other harmful components.

You acknowledge that your user data may become irretrievably lost or corrupted or temporarily
unavailable due to a variety of causes, including software failures, viruses or other harmful
materials, protocol changes by third party providers, internet outages, force majeure event or
other disasters, scheduled or unscheduled maintenance, or other causes either within or outside
our control. You are solely responsible for backing up and maintaining duplicate copies of any
information you store or transfer through our services.

The disclaimer of implied warranties contained herein may not apply if and to the extent it is
prohibited by applicable law of the jurisdiction where you reside.

10. INDEMNIFICATION

You will defend, indemnify, and hold harmless Rocket BTM, its Affiliates, and their respective
shareholders, members, directors, officers, employees, attorneys, agents, representatives,
suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand,
lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including
without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct
in connection with, the Services; (b) any User Content you provide; (c) your violation of these
Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If
you are obligated to indemnify any Indemnified Party, Rocket BTM (or, at Rocket BTM’s
discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control
any action or proceeding and to determine whether Rocket BTM wishes to settle, and if so, on
what terms.

11. DISCLAIMER OF DAMAGES

In no event will Rocket BTM, its affiliates and their respective shareholders, members, directors,
officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any
incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever
(including, without limitation, damages for loss of data, information, revenue, profits or other
business or financial benefit) arising out of or in connection with the site, the services, the
Rocket BTM materials, any performance or non-performance of the services, or any other
product, service or other item provided by or on behalf of Rocket BTM, whether under contract,
statute, strict liability or other theory (including, for avoidance of doubt, any negligence of
Rocket BTM), even if Rocket BTM has been advised of the possibility of such damages.

12. LIMITATION OF LIABILITY

In no event will the liability of Rocket BTM, its affiliates and their respective shareholders,
members, directors, officers, employees, attorneys, agents, representatives, suppliers or
contractors arising out of or in connection with site, the services, the Rocket BTM materials,
advertisements found on the site, any performance or non-performance of the services, or any
other product, service or other item provided by or on behalf of Rocket BTM, whether under
contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence

of Rocket BTM) exceed the amount of the fees paid by you to Rocket BTM under this agreement
in the twelve-month period immediately preceding the event giving rise to the claim for liability.

13. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION

All disputes, controversies or claims arising out of or relating to these Terms or the Services, will
be resolved through JAMS arbitration in the state of Georgia.

Each of you and Rocket BTM disclaim the applicability of any and all of the Consumer Rules in
your jurisdiction. By agreeing to these Terms of Service you are agreeing that (1) any rules,
laws, or regulations governing “consumer” arbitrations are inapplicable, (2) arbitration of any
dispute arising out of or relating to your use of the Services and (3) you specifically waive any
right to arbitrate in any other location, including your hometown.

With respect to disputes subject to arbitration pursuant to this section 13, both you and Rocket
BTM are giving up the right to litigate (or participate in as a party or class member) those
disputes in court before a judge or jury.

14. GOVERNING LAW

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the
Services, will be governed by and construed and enforced in accordance with the laws of
Georgia without regard to conflict of law rules or that would cause the application of the laws of
any other jurisdiction. You agree that Rocket BTM may initiate a proceeding related to the
enforcement or validity of Rocket BTM’s intellectual property rights in any court having
jurisdiction. You waive any objection to the venue in any such courts.

15. MISCELLANEOUS

15.1. Remedies

If you violate any of these Terms, Rocket BTM may, as it determines reasonably
necessary to remedy or mitigate your violation, and restrict your use of the Services.
Rocket BTM shall in no event be responsible or liable for any damage incurred by the
user as a result of an action taken by Rocket BTM pursuant to this paragraph. Any right
or remedy of Rocket BTM set forth in these Terms is in addition to, and not in lieu of,
any other right or remedy whether described in these Terms, under statute, at law or in
equity.

15.2. Rocket BTM Affiliates and Contractors

An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under
common control with, or is controlled by the first legal entity. The Site and any Services
may be operated or provided by Rocket BTM, its Affiliates, or their respective
contractors. To the extent that an Affiliate of Rocket BTM, or contractor of Rocket BTM
or an Affiliate of Rocket BTM, is operating or providing any Services, the Affiliate or
contractor’s provision of such Services will be under terms identical to these Terms
substituting the Affiliate or contractor’s name wherever Rocket BTM’s name occurs in
these Terms.


15.3. Non Waiver

Rocket BTM’s failure or delay in exercising any right, power, or privilege under these
Terms shall not operate as a waiver thereof.

15.4. Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or
enforceability of any other of these Terms, all of which shall remain in full force and
effect.

15.5. Force Majeure

Rocket BTM will have no responsibility or liability for any failure or delay in
performance of any Services, or any loss or damage that you may incur, due to any
circumstance or event beyond the control of Rocket BTM, including without limitation
any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war,
insurrection, riot, labor dispute, accident, action of government, communications, power
failure, or equipment or software malfunction.

15.6 Assignment

You may not assign or transfer any right to use the Services or any of your rights or
obligations under these Terms without prior written consent from us, including by
operation of law or in connection with any change of control. Rocket BTM may assign or
transfer any or all of its rights or obligations under these Terms, in whole or in part,
without notice or obtaining your consent or approval.

15.7. Headings

Headings of sections are for convenience only and shall not be used to limit or construe
such sections.

15.8. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Sites, or these Terms must be filed within one
(1) year after such claim or cause of action arose or be forever barred.

15.9. Entire Agreement

These Terms constitute the entire agreement between you and Rocket BTM regarding
your use of the Sites, superseding any prior version of these Terms between you and
Rocket BTM with respect to the Sites. You agree that, except as otherwise expressly
provided in these Terms, there shall be no third-party beneficiaries to these Terms. The
section titles in these Terms are for convenience only and have no legal or contractual
effect.

Your Comments and Concerns
Any questions, feedback, comments, requests for technical support and other communications
relating to the Services should be directed to support@Rocket BTM.com .