1.     Scope: Who and What Do These Conditions Apply to?

a.     These Terms of Use apply to your use of Wallio with all content, functions, services and rules for the contractual relationship between you and us. Your own General Terms and Conditions of Business will only become part of this agreement if we have explicitly agreed upon this in writing.

b.     We can agree with you on additional Terms of Use with respect to certain applications within Wallio. However, we will duly inform you of such additional Terms and Conditions before use.

c.     We reserve the right to offer additional services. These Terms of Use are aimed at both end users and businesses. End users are persons who conclude legal transactions for a purpose that can be ascribed neither to their commercial nor self- employed professional activities. Businesses are either natural persons, legal entities or legally capable partnerships who exercise their commercial or self- employed professional activities when concluding a legal transaction.

2.     Purpose of the Agreement: Scope of Wallio's Offer

a.     The purpose of this agreement is the paid or free of charge use of the Wallio applications.

3.     Registration, Use of Wallio: Rights and Responsibilities

a.     Downloading Wallio

                                           i.         You can download Wallio as a mobile app for various devices.

b.     Registration

                                           i.         You can use Wallio without registering. However, non-registered accounts may be restricted in terms of time and range of functions.

                                          ii.         To be able to use all the functions of Wallio, you will need to register.

                                         iii.         To register with Wallio you must supply the required data truthfully and fully if these are not voluntary details. You must choose an email address at which we can contact you.

c.     Concluding the Agreement

                                           i.         For Wallio apps, you conclude an agreement for use when you click on the "Install" button on the product description page of the relevant app store and, where required, you enter your password.

                                          ii.         There is no entitlement to conclude an agreement for use. We can decline to accept your registration at any time without giving reasons. In this case, we will of course delete all of your information and data.

d.     You may use all of the free features of Wallio free of charge. Using features that are not free of charge as a “Premium” user may incur charges.

e.     You are responsible for keeping your password confidential. This means, that you don’t give it to anyone else, that you don’t permit or enable third parties to gain knowledge of it and that you take the necessary steps to guarantee its confidentiality. If your credentials are lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately.

f.      Rules for Using Wallio

                                           i.         You are not allowed to attack the operational capacity of Wallio by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms.

                                          ii.         If you violate these rules, we will be entitled to issue you a warning, temporarily block your use of Wallio or, if appropriate, to fully exclude you from its use. We are entitled to remove your data immediately.

g.     Indemnification

                                           i.         You will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights as a result of your use of Wallio. You will bear all appropriate costs, including appropriate costs incurred for legal defence that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.

                                          ii.         The above-mentioned obligations will only apply if you are responsible for the violation of rights in question; in other words, if you have knowingly or deliberately omitted to exercise due diligence.

                                         iii.         If you notice or suspect any illegal or non-contractual use of Wallio, you can report this to us at any time.

h.     Data Backup

                                           i.         You will take the necessary measures according to your own risk assessment to regularly back up the data and content you have entered, uploaded and stored on Wallio, and create your own backup copies in order to guarantee reconstruction of the data and content in case of data loss. Wallio will do best possible effort to ensure no data loss, however should that ever occur, Wallio shall not be held liable.

4.     Access information and Account Data.

a.     You are solely responsible for

                                           i.         Maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you, or anyone you authorize on your behalf, to access the Services and your provider accounts (collectively, “Licensee Access Information”),

                                          ii.         preventing unauthorized access to or use of the information, files or data that you store or use in or with the Services (collectively, “Account Data”).

b.     You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data (“Communications”) entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Services (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred.

c.     You must inform us of, and hereby grant to us and our third party vendors permission to use, your Access Information to the extent we deem necessary to enable us to provide the Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.

d.     Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by our third party vendors to conduct certain analytical research, performance tracking and benchmarking. Our third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute, sell 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 or any other purpose permitted by applicable law. Your personally identifiable information will not be shared with or sold to third parties.

 

5.     Third party Service Providers

a.     In order to provide Wallio services and as part of Wallio functionality, we will be using services (Services) fulfilled by third party service providers (Service Providers). The Services are designed to allow you to use Wallio and include but not limited to: schedule to access your account(s), download transactions, otherwise aggregate information from your account(s). You acknowledge and agree that Service Providers who provide Services have no control over Wallio, and will have no liability whatsoever for any actions or inactions on the part of the Wallio resulting in your inability to use the Wallio to access your accounts, obtain data, download transactions, or otherwise use or access the Wallio.

 

b.     You acknowledge that in accessing your data and information through the Services, your provider account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your account(s) with such provider(s) such as bank and other account balances, credit card charges, debits and deposits (collectively, “Provider Account Data”), may be collected and stored in the Services. You authorize us and our Service Providers, to use certain Provider Account Data to

                                           i.         Collect your Provider Account Data

                                          ii.         Reformat and manipulate such Provider Account Data

                                         iii.         Create and provide hypertext links to your provider(s)

                                        iv.         Access the providers’ websites using your Provider Account Data

                                         v.         Update and maintain your account information

                                        vi.         Address errors or service interruptions

                                       vii.         Enhance the type of data and services we can provide to you in the future

                                      viii.         take such other actions as are reasonably necessary to perform the actions described in (i) through (viii) above.

You hereby represent that you are the legal owner of your Provider Account Data and that you have the authority to appoint, and hereby expressly do appoint, us or our Service Providers as your agent with a limited power of attorney, and appoint us or our Service Providers as your attorney-in-fact and agent, to access third party sites and/or retrieve and use your Provider Account Data through whatever lawful means with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person, including, without limitation, accepting any new and/or updated terms and conditions from your provider on your behalf, in providing Services to you.

 

c.     You also expressly authorize Wallio to share and disclose your Provider Account Data to Service Providers on your behalf. You further acknowledge that Service Providers do not review your Provider Account Data and agree that Service Providers are not responsible for its completeness or accuracy. Any transactions or informational activities performed at any provider’s website are not made through the Services and Service Providers assume no responsibility for such transactions or activities. You are solely responsible for any charges associated with your provider(s). The permissions, uses and access rights granted to our Service Providers hereunder shall continue until Service Providers are notified by us or you that the Services have been terminated

d.     You acknowledge and agree that

                                           i.         some providers may not allow the Services to access provider data,

                                          ii.         providers may make changes to their websites, with or without notice to Service Provider, that may prevent or delay aggregation of information from such websites,

                                         iii.         the Services may “refresh” the Provider Account Data by collecting the Provider Account Data nightly,

so your most recent transactions may not be reflected in any account balances or other account information presented to you in the Wallio. If you see a discrepancy in the Provider Account Data, and in any case before making any transactions or decisions based on such account information presented in the Wallio, you should check the last refresh date for the account and confirm Provider Account Data is correct by following the link back to the applicable provider or otherwise confirm that Provider Account Data is up to date and accurate.

 

e.     Maintenance upon the Services may be performed from time-to-time by Service Providers resulting in interrupted service, delays or errors in the Services and Wallio. Attempts to provide prior notice of scheduled maintenance will be made, but Service Provider cannot guarantee that such notice will be provided, so Service outage could be experienced.

 

6.     We shall have the right, at our sole discretion and with reasonable notice, to establish or change limits concerning use of the Wallio, temporarily or permanently to maintain the security of the system or Access Information or to comply with any laws or regulations. We will provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Wallio to which such changes relate. Your continued use of the Wallio will constitute your acceptance of and agreement with such changes.

 

7.     Term of Your Licensing Agreement and Termination

a.     The agreement on free use of Wallio apps is for an indefinite period.

b.     We can terminate this agreement in writing with a notice period of two (2) weeks.

c.     In addition, the agreement may be terminated for just cause. Just cause, which would entitle Wallio to terminate the agreement, would be if you breach your contractual obligations, in particular the rules of use described.

 

8.     Liability for Defects

a.     You are not entitled to damages due to a defect to Wallio due to a circumstance for which we are not responsible, either existing when you sign the agreement or occurring thereafter.

 

9.     Liability

a.     Our liability for use of the free Wallio product is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be restricted to typical and foreseeable damage. Any further liability is excluded.

 

10.  Miscellaneous: Final Provisions and Amendments to the Terms and Conditions of Use

a.     This agreement shall be governed by the laws of the United States.

b.     Should individual provisions of these Terms of Use be or become invalid and/or contrary to the statutory provisions, this will not affect the validity remaining Terms of Use. In place of the invalid, unenforceable term, the Parties shall mutually agree on such valid commercial terms which the Parties would reasonably have agreed otherwise. The above-mentioned provision will apply correspondingly in the case of omissions in these provisions.

c.     We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of Wallio following the posting of changes will mean that you accept and agree to the changes.

 

11.  DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY THIRD PARTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE THIRD PARTY VENDOR AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES OR ANY THIRD PARTY SERVICES; IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY USE OF THE SERVICES OR THIRD PARTY SERVICES WILL BE AT YOUR SOLE RISK. VENDOR AND ITS (a) LICENSORS AND (b) THIRD PARTY VENDORS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICES OR THIRD PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD PARTY SERVICES.

 

12.  COMPLIANCE WITH FAIR CREDIT REPORTING ACT. You acknowledge that any use of Wallio services to generate scores or other reports or that otherwise will be utilized in connection with making a decision as to whether to enter into the following types of transactions or on what terms the transaction will be offered may be subject to the provisions of the Federal Fair Credit Reporting Act (“FCRA”) and equivalent state laws:

                                           i.         Extend credit to an applicant.

                                          ii.         Issue an insurance policy to an applicant.

                                         iii.         Employ a job applicant.

                                        iv.         Rent an apartment to a prospective tenant.

                                         v.         Sell a product to, provide a service to or otherwise enter into a transaction initiated by a prospective customer.

                                        vi.         Accept a check or credit card as payment for a sale.

                                       vii.         Other activities set forth in Section 604 of the FCRA (15 U.S.C. §1681b) and in interpretations of Section 604 by the Federal Trade Commission and the Bureau of Consumer Financial Protection.

 

13.  LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER WE NOR OUR SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

a.     THE USE OR THE INABILITY TO USE THE SERVICE;

b.     THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES,

c.     ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE;

d.     UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

e.     STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE;

f.      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;

g.     ANY OTHER MATTER RELATING TO THE SERVICE.