Last updated date: December 16, 2022
These Terms & Conditions (these “Terms”) are a legally binding agreement governing access to and use of our Service between you (the “you”, “your”) and Zolve Innovations, Inc., a Delaware corporation (“Company”, “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, Zolve Debit Card, Zolve Credit Card, Zolve Azpire Credit Card, the “Bank Products”). We may also present to you an offer from our partners for insurance, remittance or any other financial products. Our Services may be provided to you to help you view, manage and access your Bank Products or other such financial 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 mpose 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.
Subscription Fee. If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g. credit card, debit card or deposit account), pursuant to the Payment Authorization subsection outlined below, to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you and as required by law. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by debit or a charge, as applicable, to any Bank Products. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility.
Payment Authorization. You authorize us to debit or charge your designated Bank Product for the subscription fee disclosed to you at the time you subscribe to any of our Paid Services. If the payment method you provided to us for payment is declined or if a payment was not successfully made by you, you remain responsible for any uncollected amounts. If a payment is not successfully made and you do not cancel your account, we may suspend your access to the Services until we have successfully charged a valid payment method. If we suspend access to the Services, you are still responsible for any outstanding balances in your Bank Products or any other financial products.
Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription 14 days before the subscription period renewal date by doing the following: By notifying us in email to email@example.com or contact us through the Zolve Platform.
No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.
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 non-proprietary. 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 non-commercial 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 imitation, 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 non-performance 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, are 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 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. At 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.
Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Account Access Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Account Access Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Account Access Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
Content You Provide. Your use of the Account Access Services is your authorization for us, any financial institution partner of MX, Bank and our respective service providers, as your agent, to access third party sites which you designate in order to retrieve information or to link to the Bank Product or Service. You are licensing to us and Bank and their respective service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Account Access Services. You authorize us, Bank and our respective service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Account Access Services or that we or our service providers retrieve on your behalf for purposes of providing the Account Access Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we, Bank and our respective service providers may store, use, change, or display such information or create new content using such information.
Authority to Access Information.Unless and until these Terms are terminated, you grant us, Bank and our respective service providers the right to access information at third-party sites on your behalf and to link your designated accounts to the Bank Products or the Service. Third-party sites shall be entitled to rely on the authorizations granted by you or through your account. For all purposes hereof, you hereby grant us, Bank and our respective service providers the right to access third-party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. Upon notice to us, you may revoke our or Bank’s right to access information at third party sites on your behalf. You understand and agree that the Account Access Services are not sponsored or endorsed by any third-party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE, BANK OR OUR SERVICE PROVIDERS ACCESS OR RETRIEVE INFORMATION FROM THIRD-PARTY SITES, THEY ARE ACTING AT YOUR REQUEST AND WITH YOUR PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE THIRD- PARTY SITES.
Third Party Accounts. With respect to any third-party sites, we may enable you to access through the Account Access Services or with respect to any non- Bank accounts you include in the Account Access Services, you agree to the following: (i) you are responsible for all fees charged by the third party in connection with any non- Bank accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that these Terms does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non-Bank account, you agree to direct these to the account provider; and (ii) any links to third party sites that we may provide are for your convenience only, and we, Bank and our respective service providers do not sponsor or endorse those sites. Any third-party services, which you may be able to access through the Account Access Services, are services of the listed institutions. We nor our service providers have responsibility for any transactions and inquiries you initiate at third party sites. The third-party sites you select are solely responsible for their services to you. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
Limitations of Account Access Services. Without limiting any other terms of these Terms, when using the Account Access Services, you may incur technical or other difficulties. We nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Account Access Services is for informational purposes only, does not represent an official record of your account, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Account Access Services at any time without prior notice. In the event that Account Access Services are discontinued, your information shall be retained in accordance with these Terms, applicable law and our privacy policies.
Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Account Access Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
Ownership. You agree that we, Bank and our respective service providers, as applicable, retain all ownership and proprietary rights in the Account Access Services, associated content, technology, mobile applications and websites.
User Conduct. You agree not to use the Account Access Services or the content or information delivered through the Account Access Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Account Access Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for us, Bank or our respective service provider or cause us or Bank to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Account Access Services in such a manner as to gain unauthorized entry or access to computer systems.
Indemnification. In addition to indemnification obligations otherwise set forth in these Terms, you agree to defend, indemnify and hold harmless us, Bank, and our respective third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Account Access Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Disclaimer. The Account Access Services are not intended to provide legal, tax or financial advice. The Account Access Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither we, Bank nor our respective third- party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. We, Bank and our respective third-party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, We, Bank and our respective third-party providers are not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Account Access Services or any materials or information accessible through it. Past performance does not guarantee future results. Financial Institution and its third-party providers do not warrant that the Account Access Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.
DISCLAIMER OF WARRANTIES. IN ADDITION TO DISCLAIMERS OF WARRANTIES OTHERWISE SET FORTH IN THESE TERMS, YOU AGREE YOUR USE OF THE ACCOUNT ACCESS SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE ACCOUNT ACCESS SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE ACCOUNT ACCESS SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii)WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE ACCOUNT ACCESS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE ACCOUNT ACCESS SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE ACCOUNT ACCESS SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ACCOUNT ACCESS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. WE, ON BEHALF OF OURSELVES AND ALL THIRD PARTY DATA PROVIDERS, EXPRESSLY DISCLAIMS ANY TYPE OF REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OR RESPONSE TIME OF THE SERVICE OR CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE OR THAT SUCH ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE AND, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, EXPRESSLY DISCLAIMS THE ACCURACY, COMPLETENESS AND CURRENCY OF ALL INFORMATION COLLECTED ON YOUR BEHALF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, BANK OR THEIR RESPECTIVE SERVICE PROVIDERS THROUGH OR FROM THE ACCOUNT ACCESS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, YOU AGREE THAT WE, BANK AND THEIR RESPECTIVE THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE ACCOUNT ACCESS SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ACCOUNT ACCESS SERVICES, (iv)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE ACCOUNT ACCESS SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON- PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii)ANY OTHER MATTER RELATING TO THE ACCOUNT ACCESS SERVICES.
You acknowledge that the Account Access Services and any software underlying such Account Access Services, as well as any product are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Account Access Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
Third Party Beneficiary. Bank, MX and their service providers are third party beneficiaries to any terms set forth in this Sections 8, 10, and 13(c) and may enforce such terms against to you the extent permitted by law. You release MX and its third party service providers of all liability and obligation related to any delays, inaccuracies or incomplete Service caused by the failure of Client or its third-party service providers to properly or timely meet their obligations or requirements.
Method Services. You may remit funds from your Bank Products to designated recipients through services offered by Forward Lending, Inc. (“Method”), as set forth in this section (“Method Services”). We do not transfer, custody or remit funds. Instead, Method Services are performed by Method and its bank partners. Method Services are independent of our Service and are governed by the Method Agreement, as well as this Section 9. For purposes of this Section 9, “Bank” shall include any financial institution partnering with Method. Your use of the Method Services constitutes your acceptance of the terms herein and the Method Agreements.
Origination Authorization. You agree to authorize Method, as your payments service provider, to originate funds transfers according to your instructions as provided by you via the Service or Method Services.
Funding Source. If may be permitted to choose different funding sources or create a hierarchy of funding sources for sending or receiving funds using the Method Services. If this is permitted, the funding source or hierarchy of funding sources will be disclosed to you for any given transfer before you authorize the transfer.
Peer-to-Peer Transfers. If your Method Services are used to for a peer- to-peer payment, you must complete the memo field for noting the purpose of the payment.
Transfer Times. Subject to any delays caused by financial institutions independent of the Method platform or delays due to fraud or compliance reviews initiated by Method, transfers will normally process in the following time frame: within 3 to 4 business days for transfers from a Bank Product to a Bank. Transfer times are not guaranteed in any way.
Recurring Payments. In the event you are permitted to make recurring payments using the Method Services, we will disclose to you the payment amount(s) and payment schedule. [You have the right to receive advance notice of the amount and date of each payment that will occur in the future at least 14 days before the payment is initiated if the amount varies from the previous payment, unless you are given a range for the payment amount, in which case, notice will only be provided if the payment falls outside of the range. You may cancel any recurring payment by through the Service.
Dispute Resolution for End Users. In the event of an Error as defined by 12 CFR Part 1005 (Regulation E), please see your Bank Agreement for your error resolution rights.
Accuracy of End User Data Provided to Method. You represent and agree that all information you provide to us in connection with the Method Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Method Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Method Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
Transaction and End User Risk Management. You understand and agree that Method may decline, restrict, or otherwise limit any transaction and/or your ability to use the Method Services in accordance with Method’s risk management policies. Method reserves the right to restrict, suspend or terminate your use of the Method Services at any time if: (a) Method determines that your activities violate the Method Terms, any other applicable Method agreement or policy, or any applicable laws; (b) Method reasonably determines that the risk associated with you or your activities poses unacceptable risk to Method and/or its users; (c) you do not provide Method with all information as required or requested by Method; or (d) for any other reason, in Method’s reasonable discretion. If Method suspends or restricts your use of the Method Services, we will use reasonable efforts to provide timely notice to you upon us learning of the suspension or restriction. Such notice may occur after the suspension or restriction has occurred. Method may also, in its reasonable discretion, contact you for Method’s fraud investigation and/or risk management purposes.
Your Eligibility. You may only access or use the Method Services if you are a resident of the United States. You agree that you will not enroll or attempt to enroll in Method Services if you do not meet these criteria.
Third Party Beneficiary. Bank, Method and their service providers are third party beneficiaries to any terms set forth in this Sections 9 and may enforce such terms against to you the extent permitted by law.
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.
Governing Law. You agree that: (i) the Service shall be deemed solely based in the United States and Delaware; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Delaware, unless you and Company agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non- commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND
App from Apple App Store. The following applies to any App you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms is solely bet ween you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple- Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple - Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple- Sourced Software infringes that third party’s Intellectual Property Rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third- party beneficiary thereof.
App from Google Play Store. The following applies to any App you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google- Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Company’s Google-Sourced Software.
Eligible Purchases. For each Program, you can earn points on eligible retail purchases from eligible merchants, as each is determined by us in our sole discretion (“Eligible Purchases”), charged to the Zolve Card during each billing cycle or monthly statement period and posted to your Account during such billing cycle or monthly statement period (such earned points, “Rewards”), subject to the terms of these Terms and any other terms and conditions applicable to Program. Cash advances, including purchases of cash equivalents of any kind, balance transfers, transactions to obtain credit protection, gift cards, prepaid debit cards, traveller’s checks, precious metals, casino chips, cryptocurrency, lottery tickets or other cash equivalents, payments made for stored value cards such as gift cards and similar cards, wire transfers, money transfers, and similar products that may be converted to cash, such as money orders and certified checks charged to your Zolve Card, convenience check amounts, purchases we believe to have been made by or for a commercial purpose, transactions made with a lost, cancelled, stolen, or fraudulent Card, Zolve Card fees, interest charges, ATM transactions, cash withdrawals or cash back transactions, credit insurance, gambling fees, debt cancellation charges, illegal transactions or other transactions prohibited uses under your Bank Agreement, credits for returned merchandise or for account adjustments, all incidental charges and fees charged by the Zolve Card issuing Bank (e.g., voluntary payment protection costs, finance charges, returned check fees, service charges, over-limit fees, and ATM fees), purchases made when your Zolve Card is not in good standing or if you have two (2) or more past-due monthly payments on your Zolve Card, unauthorized or fraudulent transactions and payments to institutions of higher education (e.g., universities, colleges, continuing education providers, etc.) do not qualify as Eligible Purchases and do not earn Rewards. WE RESERVE THE RIGHT TO DETERMINE IN OUR SOLE DISCRETION WHETHER A PARTICULAR TRANSACTION IS AN ELIGIBLE PURCHASE OR TO INCLUDE OR EXCLUDE OTHER TRANSACTIONS FROM THE DEFINITION OF QUALIFYING PURCHASES. If a merchant is not an eligible merchant, as determined by us, you will not earn Rewards based on any transaction with such merchant. All Rewards received are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes.
Rate of Earning. The amount of Rewards you earn on an Eligible Purchase will depend on the special program you are enrolled in, as well as any other promotions that we may offer.
Merchant Category Code (MCC). Merchants who accept the Zolve Card are assigned a merchant code, which is determined by the merchant or its processor in accordance with card brand procedures based on the kinds of products and services they primarily sell. As such, even though a merchant may sell retail items that may be similar to retail items sold by another merchant, the merchants may not have the same merchant code, and therefore the purchases at the merchants may not be included in the same category for the purposes of earning Rewards. Purchases must be submitted by merchants using the identified merchant category codes to qualify for earning Rewards. We are not responsible for incorrectly coded transactions. Additionally, purchases made (i) with institutions of higher education (e.g., universities, colleges, continuing education providers, etc.), (ii) through third parties, including online marketplaces and resellers, or (iii) using a third-party payment account will not be eligible for accruing Rewards.
Returns, Refunds, Chargebacks. If you return, charge back, cancel, dispute, or otherwise request a refund for an Eligible Purchase for which you have already received Rewards, we reserve the right to remove any related Rewards amount from your Rewards Account or withhold future Rewards to cover any such amount.
Crediting to Account. The Rewards you earn will be credited to your Rewards Account [on a daily basis when transactions post to your Account/upon the closing of a billing or statement cycle]. We encourage you to frequently review your Rewards Account, accessible through the App. Once posted to your Rewards Account, these Rewards are available to you should you choose to redeem them, subject to the terms of these Terms. There is no limit on the number of Rewards you can earn each year. You cannot earn Rewards during any period in which your Zolve Card or Account is not open, is lost, stolen, revoked or closed or you or your Zolve Card or Account was or is otherwise in default of any of the Bank Agreement governing the Zolve Card or Account or these Terms. If it has been more than thirty (30) days since the transaction and Rewards are not reflected on your Rewards Account summary, please contact customer service. Inquiries must be made within sixty (60) days of the transaction. If you do not file your claim within sixty (60) days, Rewards earned or otherwise applied to your Rewards Account will be deemed accurate and you will have waived any claim for adjustment.
No Rewards will be retroactively applied to your Rewards Account for otherwise qualifying transactions occurring during any period in which your Zolve Card or Account was not open, was lost, stolen, revoked or closed or you or your Zolve Card or Account was or is otherwise in default of the Bank Agreement or these Terms or when you were not enrolled into this Program. All transactions in U.S. Dollars for which Rewards are awarded to you will be rounded to a whole-dollar amount for purposes of determining the amount of Rewards to be awarded.
Rewards Account statements will be made available through the App. Individual transactions forming the basis for awarding Rewards will not be shown on your Zolve Card statement or your Rewards Account statement. The frequency, timing, content or layout of the Rewards Account statements are subject to change from time-to-time at the discretion of Zolve. Rewards cannot be combined with other discount or reward programs unless specifically authorized by us.
Rewards Programs. Zolve may, from time to time, offer specific rewards offerings to you, which are subject to these Terms and the terms and conditions of the specific offering. All offers made available to you are temporary and may become unavailable without notice. The amount of Rewards you earn on an Eligible Purchase will depend on the special program you are enrolled in, as well as any other promotions that we may offer. The active Rewards redemption scale for each Program can be found on our website. The redemption scale may be modified from time to time.
Redemption. You may redeem any Rewards credited to the Rewards Account by using the App. Redemptions are subject to Rewards availability and other requirements contained herein. Your Rewards will not be available for redemption until posted to your Rewards Account regardless of the date of the transaction for which Rewards are earned.
Your Rewards may only be redeemed if you are in compliance with all terms and conditions of these Terms and the Bank Agreement at the time of any Rewards redemption. Rewards earned in connection with any authorized user will be consolidated and reported in a single Rewards Account. Consolidation of Rewards into one Rewards Account will be based upon the person, as determined by us, identified by name and social security number as the primary accountholder on each Zolve Card.
Rewards may be redeemed in accordance with the terms of the Program in which you are enrolled. Please see the terms and conditions for each special program to determine the sorts of Reward redemptions available to you. A Program may permit redemption in the form of cash back as statement credit to your Zolve Credit Card or a credit to your Account for the Zolve Debit Card (each, a “Cash Back Redemption”) or eligible gift card(s). Cash Back Redemption provides a specific U.S. Dollar amount that, upon redemption of Rewards, is applied as a credit to the Account. A Cash Back Redemption credited to your Account will not substitute for your payment obligations under the Bank Agreement, unless otherwise disclosed to you by us. Cash Back Redemptions will generally be credited to your Account within two (2) business days of your redemption. If you elect to redeem Rewards for an eligible gift card, the gift card may be delivered electronically or traditional plastic gift cards. Traditional gift cards will be delivered within approximately 21 days or as described on the partner website. If you do not receive your redemption within the above-specified timeframes or if it is damaged or is defective upon delivery, please contact us via the App. The names and logos of merchants are used with permission of the merchants and all trademarks are the property of their respective owners. The merchants for which gift cards are offered are not affiliated with the Program. We do not guarantee the availability of a specific gift card, and the choices available may change without notice. Access to an electronic gift card may be suspended in the event of suspected fraud. Additional terms and conditions apply to each gift card.
Restriction and Cancellation on Rewards and Forfeiture. Rewards generally do not expire; however, each special program or promotion in which you are enrolled may otherwise have limits and expirations on Rewards and such terms shall control. In addition, we may temporarily or permanently suspend your participation in the Program as well as Rewards or any redemption of Rewards if: (1) you violate, or your Account is in default under, the Bank Agreement or you violate any provision of these Terms; (2) you engage in any fraudulent or other illegal activity in connection with the Program, or otherwise engage in activity that we deem to be abusive or “gaming” conduct under the Program, as determined in our sole discretion; (3) you engage in fraudulent activity on any other loan, account or product we may offer or service; (4) we or our bank partner close your Rewards Account or Account for any reason; or (5) we terminate your participation in the Program.
Ownership and Proprietary Rights. You acknowledge and agree that the Program and related services are protected by applicable copyright, patent, trademark, and other intellectual property laws. All words and logos displayed in connection with the Program that are marked by the TM or ® symbols are trademarks and service marks of their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Program.
Miscellaneous. Rewards you receive may qualify as taxable income to you. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Program. We are not responsible for determining whether you owe taxes in connection with your participation in the Program or use of Rewards or for collecting, reporting, or remitting taxes arising from your participation in the Program or use of Rewards, except for our own income taxes.
You represent and warrant that you will not access or use the Services or Program to engage in any illegal, fraudulent, or other illicit activity. The Program is owned and administered by us, and is subject to all applicable laws and regulations. It is void where prohibited.
Rewards are not your property and may not be assigned or transferred to any person (including upon death or as a part of a domestic relations matter). Rewards have neither cash value, surrender value, transfer value nor any other value of any kind until and to the extent they are actually redeemed by us. Rewards cannot be used to offset any amount due from you to us or any bank partner. Rewards used by you for redemption will be those unredeemed Rewards that have been on the Rewards Account the longest time. All redemptions are final. The sale or barter of any Rewards, other than by us, is expressly prohibited.
We may terminate your participation in the Program at any time. We may end this Program at any time for any reason or no reason, upon notice to you. We may also in our sole discretion cancel, change, amend, modify, or restrict the Program or any aspects, terms or features of the Program or this Section. You agree that you will abide by all such changes and that they will apply to you and the Program. All interpretations of this Section will be determined by us in our sole discretion. We may temporarily or permanently disqualify you from participating in the Program and/or adjust or cause to be forfeited any or all Rewards accrued as a result of your abusive behaviour, fraud, misrepresentation, any violation of law or any other violation of any of the terms or conditions of these Terms or the Bank Agreement, in each case as determined by us in our sole discretion.
In addition to any other indemnification obligations under these Terms, you agree to indemnify and hold us and our third-party service providers and their respective affiliates, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your or an authorized user’s: (i) participation in the Program; or (ii) any fraud or misuse of the Program. If we do not credit, or improperly deny, a Rewards redemption to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Rewards redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law.
Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Suspension. Notwithstanding anything to the contrary in these Terms and without limiting any other right Company may have under these Terms, Company may temporarily suspend User’s access to any portion or all of the Service if: (i) Company reasonably determines that (A) there is a threat or attack on any aspect of the Service or any server, system, IP address or network associated with a Service; (B) User’s or any User’s use of the Service disrupts or poses a security risk to Company, the Service or to any other User or vendor of Company; (C) User, or any User, is using the Service for fraudulent or illegal activities; (D) subject to applicable law, User made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Company’s provision of the Service to User is prohibited by applicable law; or (ii) any vendor of Company has suspended or terminated Company’s access to or use of any third-party services or products required to enable User to access the Service (any such suspension described in subclause (i), or (ii), a “Service Suspension”). Company will not provide written notice of any Service Suspension to User, unless required by law.
Aggregated Statistics. As between Company and User, all right, title, and interest in Aggregated Statistics, and all Intellectual Property Rights therein, belong to and are retained solely by Company. User acknowledges and agrees that Company may derive Aggregated Statistics from any data or information submitted by or collected in connection with User, including, without limitation, User Content and use Aggregated Statistics for its own business purposes, including training its machine learning models, benchmarking vendor product and service offerings and otherwise improving Company’s products and services. User agrees that Company may make Aggregated Statistics publicly available in compliance with applicable law. “Aggregated Statistics” means (a)any and all data and information related to your use of the Service that is used by Company in an aggregate manner that is not reasonably capable of being associated with you or your company, including compiled statistical and performance information related to the provision and operation of the Service; and (b) any and all data and information derived from any data or information submitted by or collected in connection with User that is not reasonably capable of being associated with you.
Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
Interpretation. Section headings have been added for convenience of reference and will not be deemed part of these Terms. For purposes of this Agreement, “will” and “shall” are intended to have equivalent meaning, and “including” will mean “including without limitation.”
Survival. Any provision that is reasonably necessary to accomplish or enforce the purpose of these Terms shall survive and remain in effect in accordance with its terms upon the termination of these Terms.
Additional Terms. By consenting to these Terms, you consent to allowing the location and identity information (from your mobile carrier) of your mobile phone to be used by us to locate and verify the device and that the location and identity information may be shared with third parties for anti-fraud purposes.
Consent to Be Contacted. By accepting these Terms, you expressly consent to be contacted by us for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you 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. We may also leave a message on your answering machine, voice mail, or send a message via text.
You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number. You certify that your provided mobile number is true and accurate and that you are authorized to enroll the designated mobile number to receive SMS messages.
To unsubscribe from text messages at any time, reply STOP to any text message you receive from us. You consent that, following such a request to unsubscribe, you may receive one final text message from us confirming your request. For help contact us at email@example.com.
Telemarketing Calls: You agree that (i) we may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; and (ii) agree these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging. Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked in accordance with the procedures set forth herein. Your consent to telemarketing calls is not a condition of obtaining your credit card. You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Opt-Out: You can revoke your consent by contacting us via email at firstname.lastname@example.org.
Call Recording and Monitoring: You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us or that we place to you.
Force Majeure. In no event will Company be liable to User, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Company’s reasonable control, including acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact. Please contact us at email@example.com with any questions regarding these Terms.
Last updated date: July 20, 2021
These Terms and Conditions (these “Terms”) are a legally binding agreement governing Services rendered 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”, “our”, “us”).
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 Zolve India.
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).
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.
Consumer Consent for accessing Consumer Credit Information Report (CIR)