Last updated: November 27, 2022
IMPORTANT NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION“ SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND IWALLET INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
This is an Agreement between You and “iWallet Inc.” (hereinafter “iWallet”, www.iwallet.com, “we”, “us” and “our”, as applicable by context). Our endeavor has been to keep this Agreement as readable and straightforward as possible. We expect You to be of sufficient legal age i.e., at least 18 years or above to be able to enter into binding contracts and provide consent to the collection and processing of any personal data we need to provide services to You.
Some of the Services may be subject to our additional terms, conditions, agreements and schedules, which may be posted on the iWallet or made available separately from these Terms (Additional Terms). Your use of the Services may also be subject to our additional policies, guidelines or rules that we post or make available. Such Additional Terms policies, guidelines and rules are incorporated into and form a part of these Terms.
This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us.
CONSENT TO DOING BUSINESS ELECTRONICALLY
Our platform operates on mobile devices and the Internet, hence you consent to transact business with us electronically. Agreements you enter into with us are signed electronically. We will provide disclosures, notices, alerts and communications to you by electronic means, for example, by posting it on our website, sending you an in-app message, emailing it to an email address that you have provided us, sending it as a text message to any mobile phone number that you have provided us, or making it available to you in your iWallet Account (defined below). All notices by any of these methods will be deemed to be received by you no later than the earlier of (i) when the notice was received or (ii) 24 hours after the notice was sent or posted.
WHO CAN USE THE SERVICES
You may use the Services only if You are 18 years or above and can form a legally binding contract and are not barred from using the Services under applicable law. We may also allow business entities to use our Services.
All accounts created on our Services should be created only by US citizens or US entities with a US bank account.
By using the Services on behalf of someone else, You affirm that You have the authority to bind that person to these Terms, and that You will also be bound to these Terms on behalf of that person.
DESCRIPTION OF SERVICE
iWallet provides payment facilitation services such as but not limited to credit card and ACH payment facilitation services, mobile check deposit facilitation services and wallet facilitation services. With us, You will be allowed to make and receive electronic payments via various system features enabled using one of the electronic payment methods enabled by a third party payment processor (for example, without limitation, via credit card or automated clearing house ("ACH") payments. iWallet is only a payment facilitator and a software services provider and is not a payment processor. Any payment processing in connection with the payment services is provided by the applicable third-party payment processor. From time to time, iWallet may develop and incorporate other features into the Services, either in connection with existing features or on a stand-alone basis. Your use of such additional features, if any, is governed by these Terms of Service.
We are ONLY a payment facilitator and only provided payment facilitation services. We do not hold any funds with us and do not provide any money transmitter services. All the payment processing transactions are done between You and our payment processing partners.
Registration of iWallet Account
In order to use the Services, You must register for an iWallet account ("iWallet Account"). During the registration process, we will ask You for certain information, including Your name and other personal information, to verify Your identity. We may, in our sole discretion, refuse to open an iWallet Account for You, or limit the number of iWallet Accounts that You may hold.
You may not use as a username the name of another person or that is not lawfully available for use, a name or trademark that is subject to any rights of another person other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Your username and password are for your personal use only, and not for use by any other person. You are responsible for safeguarding your username and password, and agree not to transfer or lend them to anyone else. You are responsible for all interaction with the Services that occurs with your username or password. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security related to your iWallet Account or the Services. You agree to log out from your iWallet Account (if applicable) at the end of each session. We are not liable for any loss or damage arising from you not complying with any of your obligations in this paragraph.
Accuracy of information
When you register for an iWallet Account, you may be required to provide information that will allow us to verify your identity, including but not limited to: a valid US physical address (not including P.O. Boxes or commercial mail receiving agencies), phone number, bank or credit union account information, a copy of your photo identification, and your tax identification or social security number. You agree to provide true and accurate information to iWallet when you create your Account. You also agree to update this information to keep it true and accurate at all times.
You may be required to provide additional information or documentation to allow iWallet to verify Your identity and/or Your account information. iWallet may also verify Your information against third party databases or other sources and You authorize iWallet to make such inquiries.
We may require the individual information above for an individual who directly or indirectly holds 25% or more of the equity interests of a company or has managerial control of the company. We may require You to provide additional information, verify Your information, or wait some amount of time after completion of a transaction before permitting You to use any of the Services or engage in transactions beyond certain volume limits.
Enrollment to use the payment services is not automatic. iWallet reserves the right to reject any enrollment for any reason including, but not limited to, Your inability to meet applicable underwriting criteria. In the event You are not approved to open an account with iWallet’s primary payment processor(s), or such payment processor(s) at anytime becomes unwilling to process payments with respect to Your account, iWallet may submit Your signed application(s) and supporting documents to an alternate processor(s) for secondary review. Additionally, iWallet reserves the right to change its primary processor(s) for credit card, ACH and/or other electronic payment processing at any time in its sole discretion. Upon approval by iWallet’s alternate processor(s), or the change by iWallet of its primary processor(s), You shall be provided an electronic copy of the terms and conditions applicable to the services provided by such processor(s), which shall be binding on You upon Your first electronic transaction processed by each such processor(s). Additional fees may apply.
PAYMENT SERVICE REPRESENTATIONS AND WARRANTIES
You represent and warrant to iWallet, and You covenant, that You will provide complete and accurate information on which payment services will be based and You will timely resolve any disputes in connection therewith and incidental thereto.
Our Services may facilitate payments in the form of tips between You and the staff (“Tips”) at various businesses, including without limitation hotels, that You patronize through our payment processing partners, but we are not a party to any such Tips and do not handle funds on behalf of such staff.
You agree to pay all amounts when due using Your preferred payment method. You further authorize us or our provider (including without limitation Stripe, PayPal) to charge Your preferred payment method for amounts You owe when they are due. You must keep all payment information You provide us up-to-date, accurate and complete. Do not share Your payment card, or other financial information with any other user. We take steps to secure all payment method and other personal financial information, but we expressly disclaim any liability to You, and You agree to hold us harmless for any damages You may suffer as a result of the disclosure of Your personal financial information to any unintended recipients.
We may enable You to make Tips using credit, debit, or prepaid cards, or by any other payment method we support. We reserve the right to cancel Your ability to make payments with one or more of the payment methods You have authorized in our sole and absolute discretion.
Fees such as but not limited to monthly subscription fees, transaction fees, merchant fees may be charged for the payment services provided to You. Transaction fees, merchant fees and the monthly subscription fees are subject to change without notice. Transactional and merchant account fees are subject to the terms and conditions contained in the applicable payment acceptance agreement(s) to which You are a party. Unless otherwise stated on Your Merchant/Service Application, any price quotation stated on Your Merchant/Service Application that is not accepted by You will expire thirty (30) days from the date of issuance. Additionally, You are subject to all fees pursuant to the terms of the applicable third-party payment acceptance agreements.
You will be required to accept and abide by terms presented to You by the applicable third-party payment processor. These may include, without limitation, card acceptance agreements, ACH acceptance agreements or other electronic payment method agreements (collectively, “Payment Processor Terms”). The Payment Processor Terms are a legal agreement between You and the applicable payment processor only, and iWallet is not subject to, or responsible for, the Payment Processor Terms.
PRICING & PAYMENTS
All fees due in connection with the Services are non-refundable, whether such fees are monthly subscription fees, transaction or other fees. Monthly subscription fee, and all other fees owed by You to iWallet, will be automatically debited from the bank account or other electronic payment method for which You have provided applicable account information and You hereby authorize iWallet to perform all such debits. iWallet’s prices and fees may include sales, use, service, value-added or like taxes. You shall pay applicable taxes, unless You have provided to iWallet an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing authorities. All payments must be made in United States dollars.
All sums not paid when due (as a result of non-sufficient funds ("NSF") or for any other reason) shall be subject to the NSF fee stated in Your Merchant/Service Application. In the event You fail to pay any sum when it is due (as a result of NSF or for any other reason), iWallet reserves the right to disable the username(s) and password(s) for Your account, to cancel Your account and to pursue other collection or legal remedies.
In the event You wish to contest or dispute payment to, or collection by, iWallet of any sums in connection with the Services, You must provide notice of such contest or dispute to iWallet within sixty (60) days of the date on which any such sum becomes due.
Both You and iWallet agree to be bound by NACHA Operating Rules as they pertain to any ACH transactions processed under these Terms of Service. You acknowledge that the origination of ACH transactions to any designated account must comply with the provisions of U.S. law.
The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and our website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the Mobile Use). To the extent you access the Services through a mobile device, your wireless service carriers standard charges, data rates and other fees may apply. In addition, downloading, installing or certain aspects of Mobile Use may be prohibited or restricted by your carrier, and not all aspects of Mobile Use may work with all carriers or devices. You consent to be contacted by us, our contractors, agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or numbers we can reasonably associate with your iWallet Account (through skip trace, caller ID capture or other means). You agree we may contact you in any way, including SMS messages (text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that a contractor, agent, representative or other person calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS message. You represent that the telephone numbers that you provide 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 also understand that you may incur additional charges for such communications from your carrier.
OWNERSHIP OF CONTENT AND GRANT OF CONDITIONAL LICENSE
The Services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Services (collectively, the "Content") are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the services and Content. We may change the Content and features of the Services at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view the Services and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
Link to any portion of the Services other than the URL assigned to the home page of our site;
"Frame" or "mirror" any part of the Services;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
Remove any copyright, trademark or other proprietary rights notices contained on the Services;
Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Services, including with respect to any CAPTCHA displayed on the Services. Operators of public search engines may use spiders to copy materials from the Services 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. We may revoke this exception at any time and require removal of archived materials gathered in the past;
Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Services, including sending information from your computer to another computer where such software or system is active;
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Reproduce, modify, display, publicly perform, distribute or create derivative works of the Services or the Content;
Reproduce or scan tickets in a format or medium different from that provided by the Services;
Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Services;
Use the Services or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Services and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Services or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Services and Content, and infringes our copyrights, trademarks, patents and other rights in the Services and Content. You will not acquire any ownership rights by using the Services or the Content.
The registered and unregistered trademarks, logos and service marks displayed on the Services are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at email@example.com
Unless otherwise expressly provided, "User Content" means all contents submitted, posted, uploaded, published, or transmitted on or through the Services by you or any other user of the services, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Services.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Services, you hereby grant to iWallet a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on or through, by means of or to promote, market or advertise the Services, or for any other purpose in our sole discretion, except that the contents of private messaging through the Services will not be used by iWallet in public advertising. In the interest of clarity, the license granted to iWallet shall survive termination of the Services or your Account. iWallet does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Services by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Services or you have all rights, licenses, consents and releases that are necessary to grant to iWallet the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or iWallet’s use of your User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that iWallet may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
iWallet reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services or users, or for any other reason.
iWallet takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. iWallet is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that iWallet shall not be liable for any damages you allege to incur as a result of such User Content. iWallet may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
INTELLECTUAL PROPERTY RIGHTS
iWallet’s Content is protected by copyright, trademark, patent and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, iWallet and its licensors exclusively own all right, title, and interest in and to the Services and iWallet’s Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of iWallet used herein are trademarks or registered trademarks of iWallet. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Without prejudice to the above, if You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please send us the following information:
(i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of the material that is claimed to be infringing and where it is located on the Service;
(iv) Your address, telephone number, and e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
(vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
iWallet’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: DMCA Notice
Telephone: (866) 376-4880
Please note that this procedure is exclusively for notifying iWallet and its affiliates that your copyrighted material has been infringed.
COMPLAINTS & LEGAL CHALLENGES
If iWallet is made a party to any legal action by virtue your actions, you agree to be responsible for all of iWallet costs and legal fees and to indemnify and hold iWallet harmless from any action.
We may terminate or suspend your iWallet Account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including a breach of the Terms.
If you wish to terminate your iWallet Account, you may simply discontinue using the Services, but any obligations you have relating to your iWallet Account and any provisions of these Terms which by their nature should survive termination will survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless iWallet and its subsidiaries, agents, 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 Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
You agree that we are not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold iWallet and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable solicitors' fees) incurred by iWallet that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of iWallet.
LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us over the last twelve months.
iWallet and its directors, employees, affiliates, subsidiaries, agents and third party providers, shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute Services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your mobile device, computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Always log into your iWallet Account through the iWallet Mobile Application to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or Services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service.
You agree that we will not be liable for any loss of registration and use of your email address, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
DISCLAIMER OF WARRANTIES
You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an "as is", "as available" basis.
We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
As a user of the Services, you may not:
Take any action that (a) may unreasonably impede the infrastructure of the Services; (b) interferes or attempts to interfere with the proper working of the Services or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Services; (d) circumvents, disables or otherwise interferes with security features of the Services; (e) distributes viruses or any other technologies that may harm iWallet or users; or (f) uses the Services in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
In any manner circumvent your obligation to pay iWallet for accessing Services;
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Services, including content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Violate any key iWallet policies that govern your use of the Services and our interactions with you and third parties;
Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from the Services, or use the communication systems provided by the Services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Services for any purpose without iWallet's prior written approval;
Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-iWallet mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on iWallet, (b) offers to purchase a service outside of iWallet, or (c) using a profile page or user name to promote services not offered on or through the Services;
In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Services information or content including but not limited to, for use on a mirrored, competitive, or third-party site;
Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by iWallet;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; and
Use any area of the Services for commercial purposes.
By opening a iWallet Account, you confirm that you will not use the Services in connection with any of the following businesses, activities, practices, or items:
Investment and Credit Services such as but not limited to Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes.
Restricted Financial Services such as but not limited to Check cashing, bail bonds; collections agencies.
Intellectual Property or Proprietary Rights Infringement such as but not limited to Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.
Use of Counterfeit or Unauthorized Goods such as but not limited to Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen.
Regulated Products and Services such as but not limited to Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis.
Drugs and Drug Paraphernalia such as but not limited to Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs.
Pseudo-Pharmaceuticals such as but not limited to Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body.
Substances designed to mimic illegal drugs such as but not limited to Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).
Adult Content and Services such as but not limited to Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features.
Multi-level Marketing such as but not limited to Pyramid schemes, network marketing, and referral marketing programs.
Unfair, predatory or deceptive practices such as but not limited to Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
High risk businesses such as but not limited to any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
Express written consent and approval from iWallet must be obtained prior to using the Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at firstname.lastname@example.org. iWallet may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions, if you use Services in connection with any of following businesses, activities, or practices:
Money Services such as but not limited to Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Services.
Charities such as but not limited to Acceptance of donations for non-profit enterprise.
Games of Skill such as but not limited to Games which are not defined as gambling under the Terms or by law, but which require an entry fee and award a prize.
Religious/Spiritual Organizations such as but not limited to Operation of a for-profit religious or spiritual organization.
PRIVACY OF OTHERS; MARKETING
If you receive information about another user through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental to the transaction such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the Services.
The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement.
In complying with such laws, you will:
UNLAWFUL INTERNET GAMBLING NOTICE
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your iWallet account. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
THIRD PARTY PROVIDERS
Our Services works on applications linked to particular devices and operating systems, such as Windows or Apple’s iOS operating systems. Your use of the Services may be subject to separate agreements you may enter into with your operating systems provider (e.g., Apple or Microsoft®), your mobile device manufacturer (e.g., Apple), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your Services, which we collectively refer to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement when using the our Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and iWallet, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the iWallet Services and for providing maintenance and support services for the iWallet Services.
Covered Third Parties have no warranty obligations whatsoever with respect to the iWallet Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iWallet Services to conform to any warranty provided by us, if any, will be our sole responsibility.
We, not any Covered Third Parties, are responsible for addressing any claims relating to the iWallet Services, including, but not limited to: (i) product liability claims; (ii) any claim that the iWallet Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.
If you are using the iWallet Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the iWallet Services.
iWALLET IS ONLY A PAYMENT FACILITATOR
We act as a payment facilitator only. We do not:
You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:
Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain iWallet Services. We reserve the right to close, suspend, or limit access to your iWallet account and/or the iWallet Services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
CONSUMER FRAUD WARNING
We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:
Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us email@example.com, and (866) 376-4880 and iWallet Inc., 50 California St, Suite 1500, San Francisco, CA 94111, United States of America.
YOUR RELEASE OF US
If you have a dispute with any other iWallet account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
DISPUTE RESOLUTION; CLASS ACTION WAIVER
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and iWallet agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) 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 party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide iWallet with written notice of your desire to do so by email at firstname.lastname@example.org within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide iWallet with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide iWallet with an Arbitration Opt-out Notice, will be the state and federal courts located in the State of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide iWallet with an Arbitration Opt-out Notice, you acknowledge and agree that you and iWallet are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and iWallet otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and iWallet otherwise agree, the arbitration will be conducted in the State of California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and iWallet submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. iWallet will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions regarding modifications in these terms, if iWallet changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [Insert email address]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of iWallet’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and iWallet in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
DISPUTE JURISDICTION FOR COURTS
This Agreement is governed by and will be enforced in accordance with the laws of State of California.
Any action brought against iWallet arising out of or relating to this Agreement must be brought in the courts of State of California and you consent to the exclusive jurisdiction of such courts.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent from iWallet, which we can refuse in our sole discretion. We may transfer or assign this Agreement or any right or obligation under this Agreement at any time. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our business partners are third-party beneficiaries of this Agreement. This does not prevent us from varying these terms without reference to them. The title at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
You and we are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and iWallet’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E-SIGN DISCLOSURE AND CONSENT
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your iWallet Account and your use of the Services. Communications include:
Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
Legal, regulatory, and tax disclosures or statements we may be required to make available to you;
Responses to claims or customer support inquiries filed in connection with your Account; and
Any other Communication.
We will provide these Communications to you by posting them on the iWallet, or providing them in your iWallet Account, or emailing them to you at the primary email address listed in your iWallet profile, or communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
A device with an Internet connection;
A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
A valid email address (your primary email address on file with iWallet); and
Sufficient storage space to save past Communications or an installed printer to print them.
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at iWallet email@example.com. If you fail to provide or if you withdraw your consent to receive Communications electronically, iWallet reserves the right to immediately close your iWallet Account or charge you additional fees for paper copies.
Requesting Paper Copies of Electronic Communications
You may request that we send you a paper copy of Communications via U.S. Mail. To request a paper copy, contact us at firstname.lastname@example.org. You must provide your current U.S. mailing address so we can process this request. We may charge you a reasonable fee not to exceed $10 per copy. Except as prohibited by law, we reserve the right, in our sole discretion, to deny your request.
Updating your Information
It is your responsibility to provide us with a true, accurate and a complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if iWallet sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, iWallet will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at email@example.com.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
Last updated: November 29, 2022
These Mobile Check Capture Terms of Service (the “Mobile Check Capture Terms”) govern your use of Mobile Check Capture which enables you to use iWallet Checking, offered through Paya, Inc. (“iWallet,” “we,” “our,” or “us”) and certain hardware (such as a smartphone or other mobile device) approved by us to create an electronic images of the front and back of certain eligible paper checks and to transmit those images and other information, including, without limitation, information captured from the magnetic ink character recognition (MICR) line for review, processing and loading deposits into your iWallet account.
I. General Information
“Electronic Check” means the electronic image of, and electronic information derived from, a paper check, as well as any associated data (including information you provide us or that iWallet collects in connection with the submission of the check image).
When you submit an Electronic Check, we may capture and retain various information from the mobile device, including time and geolocation data. To use Mobile Check Capture, you must have provided us with all hardware and operating permissions that it requests, including permission to access your device’s camera, files stored on your device, device time, and geolocation information.
After we receive your transmission, we will review each Electronic Check. We may decline to accept an Electronic Check in our sole discretion, even if the Electronic Check meets the eligibility standards and your iWallet account is in good standing. You should not assume that any check will be accepted for Mobile Check Capture. If you will need to cash a check immediately, then you should have backup check cashing options for situations where Mobile Check Capture does not accept your check.
After we have accepted an Electronic Check from you, you must keep the original check in a secure location for two weeks. It is imperative that you do so, because we reserve the right to reverse our decision to accept an Electronic Check. If we do, we will notify you of our decision, and you may cash or deposit the check through another service or at a different institution. After two weeks, you must either destroy the original check or clearly and indelibly mark it as VOID, unless we have contacted you with other instructions.
You will not use Mobile Check Capture to (i) interfere with or disrupt the operation of iWallet or Mobile Check Capture; nor (ii) conduct or engage in any illegal business or activity, infringe any third party Intellectual Property Rights using Mobile Check Capture or iWallet.
II. Eligibility Requirements
You may use Mobile Check Capture to submit a paper check to us only if the paper check meets all of the requirements listed below. A paper check that meets all of these requirements is an “Eligible Check”:
The check is written to the order of you, or jointly to you and another person;
The check is in your possession and control;
The check is drawn on or payable by a bank, credit union, or other depository institution in the United States;
The check is payable in United States Dollars;
The check has been properly signed or similarly authenticated by the maker;
The amount of the check does not exceed the maximum check amount that iWallet has set for your use of Mobile Check Capture, and will not cause the total amount of checks you have submitted to via Mobile Check Capture to exceed any daily, weekly, monthly, or other limits on the dollar volume of checks that you may submit with Mobile Check Capture;
The check is dated, and the date of the check is in the past (i.e., the check is not postdated), but no more than 90 days earlier than the date that you submit it through Mobile Check Capture;
Neither the check nor any electronic image generated with the check has been cashed or deposited previously, by you or anyone else;
The check has not been altered in any way since it was issued (except for the indorsement required by these terms and conditions);
The check has been indorsed by you strictly in accordance with the instructions given to you by us when you create the Electronic Check, and had not been indorsed by you or anyone else before; and
The check has not been dishonored previously, nor are you aware of any reason to believe that the check will be dishonored (e.g., you have been told that the maker of the check does not have enough money in the account to cover the check).
III. Representation and Warranties
Each time that you submit an Electronic Check with Mobile Check Capture, you represent and warrant to us that all of the following are true:
The check that you are using to create the Electronic Check is an Eligible Check (i.e., it meets all of the eligibility criteria listed above) as of the time that you submit the Electronic Check with Mobile Check Capture;
Prior to submitting the Electronic Check, you visually inspected the check images to confirm that they accurately reflect the original paper check;
All of the information you submit to us in connection with the Electronic Check (such as the check amount that you input manually) is true, accurate, and complete;
The information in the Electronic Check is clear, legible, and accurate, including (but not limited to) all of the following information: (a) he MICR data on the bottom of the check front; (b) the check date; (c) the name of the person to whom the check is written (which must be you); (d) the check writer’s signature; and (e) your indorsement on the back of the check.
IV. What to Do After You Submit an Electronic Check
After you submit an Electronic Check with Mobile Check Capture, wait until the app confirms successful submission. Then, place the original paper check in a secure location. Keep the original check for two weeks, and then destroy it, unless we instruct you otherwise.
It is critical that we be able to contact you after you submit an Electronic Check with Mobile Check Capture. Before using the Mobile Check Capture, confirm that all your contact information in the iWallet dashboard is up to date. Be sure to check your email and text messages for the email address and phone number we will use to contact you.
V. Dishonored Electronic Checks
If any Electronic Check is dishonored or returned unpaid for any reason, then we may immediately (and without further notice to you) deduct any funds from the Electronic Check that we have credited to your iWallet Balance. If we have already made funds from the Electronic Check available to you then this deduction may result in a negative iWallet Balance. We may recover funds from you in accordance with our Terms of Service to bring your negative balance to zero.
VI. Claims by Drawee Bank
Pursuant to applicable law and the rules of the check collection system, the drawee bank or a collecting bank might pursue a warranty claim or other claim against us related to the Electronic Check, even after the check was honored and paid in full. Common grounds for claims like this include:
The original check, or another electronic check created from the original check, was presented for payment, either before or after the drawee bank paid the Electronic Check;
The maker’s signature or any indorsement was forged, or the check was otherwise issued fraudulent and without the authorization of a person authorized to write checks on the account;
The check was altered after it was made; and
The information in the Electronic Check images did not match the information that you provided at the time that you submitted the Electronic Check, or it was not possible to verify that information because the information in the Electronic Check images was illegible.
These are just a few examples of the reasons that the drawee bank or a collecting bank may assert a claim with respect to the Electronic Check to recover amounts paid. If we (or one of our banks or other service providers) are subject to such a claim, then we may immediately recover funds from you in accordance with the Payment Terms of Service (and without notice to you).
VII. Funds Availability
A. Your Ability to Withdraw or Use Funds from an Electronic Check
Our policy is to delay the availability of funds from Electronic Checks that you Successfully Submit (as defined below) with Mobile Check Capture. During the delay, you may not use the funds for transactions, including transactions to: (a) make a payment to another third party (b) withdraw cash using your iWallet Account; (c) make a purchase with your iWallet Account; or (d) fund a transfer to your Eligible Bank Account or a third party bank account via ACH;
An Electronic Check is considered “Successfully Submitted” when you have received confirmation from us that the Electronic Check has been submitted and accepted by us.
B. When Funds from an Electronic Check Generally Will be Available
The length of the delay is counted in business days from the day that you Successfully Submit the Electronic Check. Every day is a business day except Saturdays, Sundays, and federal holidays. If you Successfully Submit an Electronic Check before 4:00 p.m. Pacific Time on a business day, we will consider the Electronic Check to have been Successfully Submitted on that day. However, if you Successfully Submit an Electronic Check after 4:00 pm Pacific Time or on a day that is not a business day, we will consider that the Electronic Check was Successfully Submitted on the next business day. Funds from a U.S. Treasury check will generally be available the first business day after you Successfully Submit the Electronic Check with Mobile Check Capture, unless such deposit is subject to a hold as otherwise provided in this agreement.
Checks other than U.S. Treasury checks are subject to a hold period between 1 and 15 business days.
C. Checks Returned or Subject to Refund Claim
In many cases, funds from an Electronic Check will be made available to you sooner than the Electronic Check can be collected from the paying bank. This means that an Electronic Check that you Successfully Submit with Mobile Check Capture could be returned unpaid after funds have been made available to you. If an Electronic Check is returned unpaid, we may immediately reverse the amount credited to your iWallet Account for the Electronic Check. If this results in a negative balance, then you will be required to repay us this negative balance immediately. We may recover funds from you in accordance with the Terms of Service to bring your negative balance to zero.
If an Electronic Check is presented for payment more than once, the paying bank may recover funds paid on the Electronic Check. If this happens, we may deduct the amount of the Electronic Check from your iWallet Account immediately. If this results in a negative balance, you will be required to repay the negative balance immediately, and we may recover funds from you in accordance with the Terms of Service to bring your negative balance to zero.
VIII. Third Party Rights
[Insert name of the company, Inc.] enables the image capture services for the Mobile Check Capture functionality.
SUCH CHECK CAPTURE SERVICE PROVIDER PROVIDES THE SERVICE “AS IS”, AND “WITH ALL FAULTS”, MAKES NO ADDITIONAL WARRANTIES EXPRESS OR IMPLIED RELATED TO THE SERVICES, AND EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE CHECK CAPTURE SERVICE PROVIDER SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR OTHER INDIRECT DAMAGES UNDER ANY CAUSE OF ACTION ARISING OUT OF YOUR USE OF THE CHECK CAPTURE SERVICE.
You acknowledge and agree that [Insert name of the company, Inc.] has granted you a limited license to use the Mobile Check Capture technology as contemplated in the integration with iWallet Account only. You further acknowledge and agree that you are prohibited from using, copying, distributing, duplicating, or otherwise reproducing all or any part of the Mobile Check Capture technology and any such unauthorized action shall be a material breach of this Agreement. Without limiting the foregoing, the licenses granted under this Agreement only permits you to use Mobile Check Capture as part of the iWallet Account, and you may not license the the Mobile Check Capture technology on a standalone basis and may not license the Mobile Check Capture technology to any third party that will modify or integrate it independent of the iWallet Account integration in any manner.
You acknowledge and agree that, except to the extent prohibited by law, we may share any information about you or any of your transactions using Mobile Check Capture with the service provider for any reason that we deem necessary, including (i) to review transactions for fraud or irregularities; (ii) to confirm that Mobile Check Capture is being used properly and in accordance with these terms and conditions; (iii) to help the service provider or us improve the Mobile Check Capture for you and other users of the service, including by using information about you and your transactions to enhance algorithms and systems for the detection of fraud or transaction monitoring.