Last updated date: August 16, 2021
Service between you (the “you”, “your”) and Zolve Innovations, Inc., a Delaware
“we”, “our”, “us”).
As used in these Terms, "Service" refers to our online platform, website, the App, any software, programs, documentation, tools, and components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) provided to you by us, directly or indirectly. To use the Service, you must agree to all the terms in these Terms. We may present to you an offer from a Bank to open one or more of the following: a Zolve deposit account (“Banking Account”), a Zolve debit card (“Zolve Debit Card”) or Zolve credit card (“Zolve Credit Card” and, individually and collectively, with the Banking Account and Zolve Card, the “Bank Products”). Our Services may be provided to you to help you view, manage and access your Bank Products. The Bank Products are made available by a bank , member of the Federal Deposit Insurance Corporation (each, a “Bank”), in partnership with us. We operate software that allows you to access services of Bank but we do not provide banking services. All banking, lending and money transmission services are provided by the Bank. The Bank Products are each governed by the terms and conditions you enter into with each Bank (the “Bank Agreement”). The Bank Products are not offered by us, and instead are offered by Bank.
Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This is a contract between you and Company. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Company, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Company.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive,
limited, non-transferable, freely revocable license to use the Service for your personal,
noncommercial use only and as permitted by the features of the Service. Company reserves all
rights not expressly granted
herein in the Service and the Company Content (as defined below). Company may terminate
this license at any time for any reason or no reason.
We may make available software to access the Service via a mobile device (the “App”). To use the App you must have a mobile device that is compatible with the App. Company does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Company account on one mobile device owned or leased solely by you, for your personal use. You may not: ( i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Company may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Company reserves all rights not expressly granted under these Terms.
The Service is controlled from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. You agree to comply with all United States and foreign laws related to use of the Service.
Company allows you to register with us to access certain portions of the Service. To
register with us, you need to provide information, including email address, personal
information (e.g., street address, telephone number, date of birth, etc.) and a
self-selected password, in order to create an account ("Account"). You authorize us,
directly or through third parties, to make inquiries or verify that any and all information
you provide to us is accurate and complete (for example, through social media or third party
databases). You specifically authorize us to request a consumer report that contains your
name and address.
Once your request to register with us has been approved and you have been provisioned an Account, Company may grant you access to certain services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.
You may never use another person’s account without permission. When creating your Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify Company immediately of any breach of security or unauthorized use of your Account. Company will not be liable for any losses caused by any unauthorized use of your Account.
If you open, obtain or otherwise access Bank Products, you will be able to manage your Bank
Products, view your transaction history and other account information, perform certain
transactions, and access various features of your Bank Products using the Service through
the App. Your use of the Service is governed by these Terms, but the Banking Products and
any transactions you make in connection with your Banking Products (including transactions
you initiate through the Service) are covered by the Bank Agreement.
The Service allows you to perform certain functions and transactions on or related to your Bank Products, including, viewing your balance and transaction history, and submitting transaction instructions to Bank, including instructs to transfer funds between your Banking Account and any bank account you link using the Service. Through the App, you may direct us to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). We work with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Service you request, for our own internal business purposes and to offer you other products and services that may be of interest to you. By requesting an account link, you authorize us to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. You also agree that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information secure, and for keeping those passwords and user names up to date in the App. We do not review the Third-Party Account Information for accuracy, legality or non-infringement, and we are not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Service will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity. Any transfer between your Banking Account and linked account are governed by the Bank Agreement. Certain transaction limitations may apply to the linked account transfers. Please refer to the Bank Agreement for details.
By using the Service, you agree that we and Bank are entitled to act on transaction or any other instructions we receive under your login ID and password for the Service, and you agree that any actions taken under your login ID and password will have the same effect as a signature authorizing the transaction or other action. Subject to applicable law, we reserve the right to deny transactions or any other actions you authorize through the Service without notice to you.
You agree not to engage in any of the following prohibited activities: (i) copying,
distributing, or disclosing any part of the Service in any medium, including without
limitation by any automated or non - automated “scraping”; (ii) using any automated system,
including without limitation “robots,” “spiders,” “offline readers,” etc., to access the
Service in a manner that sends more request messages to the Company servers than a human can
reasonably produce in the same period of time by using a
conventional on-line web browser (except that Company grants the operators of public search
engines revocable permission to use spiders to copy publicly available materials from the
Company Site for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches or archives of such
materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv)
attempting to interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service; (v) taking any action that
imposes, or may impose at our sole discretion an unreasonable or disproportionately large
load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software
agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account
names, from the Service; (viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a
person or entity, conducting fraud, hiding or attempting to hide your identity; (x)
interfering with the proper working of the Service; (xi) accessing any content on the
Service through any technology or means other than those provided or authorized by the
Service; or (xii) bypassing the measures we may use to prevent or restrict access to the
Service, including without limitation features that prevent or restrict use or copying of
any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
You are solely responsible for your interactions with other Company Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
There are no fees for accessing or using the Service, but there may be fees associated with your Banking Products. Please refer to the Bank Agreement for information concerning such fees.
We do not claim ownership of user-generated content and material. Any and all photographs, articles,
images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications,
comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i)
submit or post on or through the Service, on any of our blogs, social media accounts or through
tools or applications we provide for posting or sharing such content with us; or (ii) have posted or
uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook,
Tumblr and Pinterest, which are tagged with any Company promoted hashtag (collectively “User
Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User
Content, you grant to Company and its affiliates a perpetual, irrevocable, royalty-free, worldwide,
sublicensable and transferable license to copy, publish, translate, modify, reformat, create
derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host,
archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as
your name, persona and likeness included in any User Content and your social media account handle,
username, real name, profile picture and/or any other information associated with the User Content,
in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all
distribution channels, forms, media or technology, whether now known or hereafter developed,
including but not limited to in stores,
printed marketing materials, emails, web pages, social media accounts and for any other marketing,
advertising, public relations, sales or promotional purposes with or without attribution and without
further notice to you. Neither you, nor any other person or entity, will have the right to (i)
receive any royalty or consideration of any kind for the use of the User Content pursuant to these
Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection
with the User Content. Company will be free to use any ideas, concepts, know-how or techniques
contained in such User Content for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products that incorporate or otherwise rely upon such information.
Company shall have no obligation to monitor User Content, use or display User Content, compensate
you for submitting User Content or respond to any User Content. Company retains the right, in its
sole discretion and without prior notice, to remove, revise or refuse to post any User Content for
any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any
copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Service, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Company, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Company and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Company does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Company and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Company or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your Intellectual Property Rights, rights of privacy or rights of integrity. You acknowledge and agree that Company has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Company acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Company becomes aware of any User Content that allegedly may not conform to these Terms, Company may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Company has no liability or responsibility to Users for performance or nonperformance of such activities. "Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, rights of attribution, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
COMPANY HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST COMPANY FOR SUCH REMOVAL AND/OR DELETION. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SERVICE OR ANY OTHER SITES OR PLATFORMS.
Except for your User Content, the Service and all materials therein or transferred thereby,
including, without limitation, software, images, text, graphics, illustrations, logos, patents,
trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging
to other Users (the “Company Content”), and all Intellectual Property Rights related thereto,
the exclusive property of Company and its licensors (including other Users who post User Content to
the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create
a license in or under any such Intellectual Property Rights, and you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit or create derivative works from any Company Content. Use of the Company Content for any
purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
We care about the privacy of our Users. You understand that by using the Service you consent to the
collection, use and disclosure of your personally identifiable information and aggregate data as set
We also may share some or all of the information about you with our partners, who may share it with their respective affiliates, agents, subcontractors, and employees), who may use this information to perform their obligations under their agreements with us, to operate and promote their respective services, to perform analytics and create reports, to prevent fraud, and for any other lawful purpose. A t any time, we, and our partners may conclude that you will not be permitted to use the Service. You agree that we are permitted to contact and share information about you and your Account with partners, banks and financial institutions. This includes sharing information (a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct our risk management process.
By using our Services, you grant Company, its payment processors, and any financial institution partnering with Company, including Bank, the right, power, and authority to act on your behalf to access and transmit this information from the relevant payment processors and financial institutions, including from Bank, for the applicable Banking Products. You further consent to us submitting an I-94 Form with the U.S. Customs and Border Protection on your behalf or to request any information from any governmental authority in order to validate information you provide to us. You represent and warrant that you have the authority to grant us authorization to file Form I-94 or to make any request to the U.S. Customs and Border Protection or any other governmental authority on your behalf.
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, Zolve Innovations, Inc.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your Account including without limitation misleading, false, or inaccurate information; (vi) your negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN
RISK. TO TH E MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS
AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA
THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES,
AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE
USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR
ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF
THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TH AT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES , SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT , TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Last updated date: July 20, 2021
These Terms and Conditions (these “Terms”) are a legally binding agreement governing Services
to the you, whether as part of an individual or joint account (“you”, “your”,
“Customer”) by Zolve India
Private Limited, a 100% subsidiary of Zolve USA (“Zolve India”, “we”,
As used in these Terms,
By clicking a button or checking a box marked “I Agree” or something similar you agree to be bound by
these Terms, in addition to any other terms already read and consented to, for availing Services from
You acknowledge that the Services under these Terms may be rendered independently by Zolve India or together with Zolve USA, as the case may be.
The Services provided under these Terms may be subject to additional terms and conditions specified by Zolve and/or other third parties from time to time, and your use of such services is subject to those additional terms and conditions.
You acknowledge that Zolve India may at any time, at its discretion desist from, withdraw or cease rendering the Services to you.
Please read these Terms carefully to ensure that you understand each provision.
In the course of rendering Services under these Terms, Zolve India may collect certain information/documents from or about you including without limitation: (i) full name; (ii) contact details; (iii) details of any loan or credit facility previously availed or currently sought; (iv) copy of PAN card; (v) any other KYC information required; (vi) employment details, (vii) details of university/college and the course to be undertaken; (viii) college/university tuition fee; if applicable; (ix) copies of bank account statement for the last few months; (x) copy of passport; (xi) visa; (xii) address proof in USA; and (xiii) any other information you may provide us or information we collect pursuant to your consent (collectively, “Information”). In addition to the Information, additional documents and information may be collected from you depending on the type of Services availed by you. The Information may be transferred to Zolve USA in connection with the services availed by you from Zolve USA, or to such other third parties as part of the Services under these Terms.
This is a contract between you and Zolve India. You must provide the Information and such other details requested by Zolve India from time to time in the course of availing Services. You must read and agree to these Terms and other documents signed and executed in connection these Terms before availing the Services. You may avail the Services only if you can form a binding contract with Zolve India, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations and such other documents executed between you and Zolve.
COLLECTION AND DISCLOSURE OF INFORMATION.
You understand and agree that Zolve India, along with Zolve USA and such other third parties, as the case may be, will collect and shall have access to your Information in the course of rendering Services under these Terms, or in accordance with such other documents executed with Zolve from time to time.
TRANSFER OF INFORMATION.
You hereby provide your consent to Zolve India to transfer and disclose the Information and such other details provided by you, to Zolve USA, business partners, lending institutions, banks, and other third parties in India and/or outside India, as the case may be and as part of the Services rendered.
RETENTION OF INFORMATION.
You further acknowledge and consent that the Information shall be retained by Zolve and such other third parties in India and/or outside India, as the case may be, in connection with the Services under these Terms and as may be required under applicable laws or for other archival purposes as per Zolve Company policy.
You hereby provide your express consent to Zolve obtaining your credit-related information from third parties, including but not limited to your credit report and credit score from various consumer reporting agencies for the purpose of providing the Services availed by you. You further expressly consent to the collection and processing of such information by Zolve and its technology service providers, in India or abroad.
Zolve India acknowledges the right of the Customer to withdraw his/her consent provided under these Terms, to collect, transfer and disclose Information to Zolve USA and other third parties in India and/or outside India, as the case may be, by providing a written notice addressed to firstname.lastname@example.org , which shall be effective in 72 (seventy two) hours therefrom. Upon withdrawal of your consent, Zolve India may not be able to render its Services under these Terms to you, and Zolve USA and any other third party may also not be able to render its services to you.
By accepting these Terms, you expressly consent to be contacted by Zolve or other third parties in
connection with the Services availed by you, at any telephone number, or physical or electronic address
you provide or at which you may be reached. You agree that you may be contacted in any way, including
SMS messages (including text messages to your mobile device), calls using prerecorded messages or
artificial voice, and calls and messages delivered using an auto telephone dialing system or an
automatic texting system, for any and all purposes. Automated messages may be played when the telephone
is answered, whether by you or someone else. You also consent to the recording and monitoring, for
quality assurance, training, risk management and/or collection purposes, of any call that you place with
Zolve or that is placed with you by Zolve or other third parties.
You certify, warrant and represent that the telephone numbers and/or email addresses that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls or SMS at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to alert us whenever you stop using a particular telephone number(s) and/or email address(es).
THE SERVICES RENDERED UNDER THESE TERMS, INCLUDING THE SERVICES RENDERED IN CONNECTION WITH SERVICES OF
ZOLVE USA, MAY CONTAIN LINKS AND ACCESS TO THIRD-PARTY MATERIALS AND SERVICES THAT ARE NOT OWNED OR
CONTROLLED BY ZOLVE. ZOLVE INDIA DOES NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY
SITES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. IF YOU ACCESS A THIRD-PARTY WEBSITE OR AVAIL
SERVICE, IN CONNECTION WITH THE SERVICES UNDER THESE TERMS, YOU DO SO AT YOUR OWN RISK, AND YOU
ZOLVE, DO NOT APPLY TO YOUR USE OF SUCH THIRD PARTY SERVICES. YOU EXPRESSLY RELIEVE ZOLVE FROM ANY AND
ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICES, OR CONTENT, INCLUDING WITHOUT
LIMITATION AS PART OF OR IN CONNECTION WITH THE SERVICES RENDERED UNDER THESE TERMS OR THE SERVICES
RENDERED BY ZOLVE USA.
ALL ADDITIONAL FACILITIES AND SERVICES AVAILED BY YOU FROM THIRD PARTIES IN INDIA AND/OR OUTSIDE INDIA, SHALL BE SUBJECT TO TERMS AND CONDITIONS AND PRIVACY POLICIES THAT ARE AGREED TO BETWEEN YOU AND SUCH THIRD PARTIES, AND ZOLVE SHALL NOT ASSUME ANY RESPONSIBILITY TOWARDS THE SAME.
BY CONSENTING TO THESE TERMS, AVAILING OUR SERVICES AND/OR PROVIDING US WITH THE INFORMATION, ZOLVE INDIA DOES NOT ASSUME ANY RESPONSIBILITY FOR ENSURING THAT YOU WILL BE ELIGIBLE TO RECEIVE SERVICES UNDER THESE TERMS OR FROM ZOLVE USA OR FROM OTHER THIRD PARTIES IN CONNECTION WITH THESE SERVICES.
THE SERVICES PROVIDED UNDER THESE TERMS ARE ON AN “AS IS” BASIS. AVAILING OF SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZOLVE INDIA, ZOLVE USA OR FROM OTHER THIRD PARTIES, THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of Zolve, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any content. You may choose to or we may invite you to submit comments or ideas about the Services rendered under these Terms, including without limitation about how to improve the Services. By submitting any such ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Zolve, under any fiduciary or other obligation, and that Zolve India will be free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Zolve India does not waive any rights to use similar or related ideas previously known to, or developed by employees, or obtained from sources other than you.
Zolve India cares about the integrity and security of the Information and will abide by applicable data protection laws and regulations. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your Information for improper purposes. You acknowledge that you provide your Information at your own risk.
You agree to defend, indemnify and hold harmless Zolve, its agents, licensors, managers and employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of these Terms; (ii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iii) your violation of any applicable law, rule or regulation; (iv) your negligent or willful misconduct; or (v) your access to and usage of third party services in connection with the Services under these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOLVE, ITS AGENTS, DIRECTORS,
EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES.
IN NO CASE SHALL ZOLVE INDIA’S CUMULATIVE LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED RS. 1,000/-.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZOLVE INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
These Terms shall be governed by the laws of India, and you shall be subject to the exclusive jurisdiction of the appropriate courts in Bangalore.
Any information specifically mentioned by Zolve as confidential shall be maintained confidentially and shall not be disclosed unless as required under any law to the appropriate authorities or to serve the purposes of T&Cs and the obligation of the parties concerned.
In connection with submission of the application for my credit information (“Consumer Credit Information”) offered by CRIF High Mark (“CIC”) through Zolve Innovations Private Limited (referred to as the “Company”) along with their technology partner Conflux Technologies Private Limited(referred to as the “Finflux”) and delivery of the Consumer Credit Information to the Company & Finflux , I hereby acknowledge and agree to the following:
If you have any questions or complaints about this agreement, please contact us at: