This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and WIZE FINANCIAL CORPORATION d/b/a Vista App (“we”, “us” or “Company”). This Agreement governs your use of the Vista App, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON OR DOWNLOADING AND USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
(g) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
7. Third-Party Materials. The Application does not intend to display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). If any Third-Party Materials are shown via the Application, you acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. If any Third-Party Materials are provided via the Application, such Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
8. Term and Termination.
(a) The term of Agreement commences at the earlier to occur of when you download the Application or acknowledge your acceptance] and will continue in effect until terminated by you or Company as set forth in this Section.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
9. Disclaimer of Warranties and Risks. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
YOU UNDERSTAND THE APPLICATION FACILITATES THE AGGREGATION AND PROCESSING OF TRANSACTION DATA WHICH IS RETRIEVED FROM YOUR ACCOUNTS WITH YOUR FINANCIAL INSTITUTIONS. THIS RETRIEVAL PROCESS IS DONE VIA A THIRD-PARTY SOFTWARE PLAID. YOU ACKNOWLEDGE THAT THE ACTION OF LOGGING OUT DOES NOT SEVER THE CONNECTION. WHEN YOU LOG OUT OF THE APPLICATION, THIS DOES NOT LOG YOU OUT OF THIRD-PARTY SOFTWARE PLAID AND YOUR FINANCIAL INSTITUTION’S ACCOUNTS MAY STILL BE CONNECTED TO PLAID, AND/OR THE CONNECTION BETWEEN THE APPLICATION AND PLAID MAY STILL BE ACTIVE. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY AND ALL RISK ASSOCIATED WITH SUCH CONNECTIONS, INCLUDING, BUT NOT LIMITED TO, RISKS FOR CYBER BREACH AND CYBER-ATTACKS.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) LOST PROFITS, COST OF SUBSTITUTE SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM CYBER BREACH AND/OR ACCOUNT CONNECTION ISSUES BETWEEN PLAID AND YOUR FINANCIAL INSTITUIONS.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. Account Registration and Subscription. In order to use the Content and Services, you acknowledge and agree that: (i) you are at least 18 years of age; (ii) you are a citizen or permanent resident of, or are lawfully permitted to reside in, the United States; (iii) the information provided by you to Company is true, accurate, complete and current; and (iv) you have the right to authorize the transactions described in this Agreement. In order to sign up for the Services you must create a profile account (“Account”), including creating log-in credentials by providing certain types of information, including, but not limited to, your name, email address, address of residence, telephone number, and a secure password. You acknowledge and agree that Company is relying on these statements being true in order to provide you the Content and Services.
You must provide current and accurate payment information. You are solely responsible for verifying the accuracy of the foregoing information when setting up your Account, and we will have no liability for losses or damages caused by your actions or failure to act.
We may also request additional information to verify your identity. You acknowledge and agree that your failure to provide satisfactory information upon request may result in limitations being placed on your Account, which may include complete restriction from access and use of the Services. You agree to update your information if there is a change to any such information. Successful registration provides you access to the Content and Services but does not make any warranties about the extent of your access or privileges. We reserve the right to impose limitations on the size, frequency and time frame of payments submitted. We may provide you with a free trial period for the use of the Application. Upon the expiration of the trial period, a subscription fee will start to be charged. To gain access to features of the Application after the expiration of the free trial period (if any), all subscription fees must be paid in full. Fees and pricing policies are subject to change in our sole discretion. You will be notified if we modify these terms and if you wish to continue using the services at such time, you will have to pay any applicable fees. All subscription fees will be charged and processed via the application store where you have downloaded the Application. If we do not receive payment from the application store, you agree to pay all amounts due upon demand and agree that we will continue to attempt to charge your account until full payment is received. We reserve the right to terminate or suspend your account if: (a) you initiate a chargeback or otherwise reverse payments made; or (b) for any unpaid Fees owing. Except as otherwise specified herein or our policies, Fees paid are non-refundable.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include asking you for further information, including requiring you to take steps to verify ownership of your email address or other personal information, financial institutions and/or accounts, or other information associated with your payment method. If we are unable to verify your identity, we reserve the right to deny you use of the Content and Services.
In order to prevent fraud and comply with legal obligations, Company may ask you for additional information and may place your payment or payment method on hold for review. We will notify you in the event of any such circumstances. If you do not participate or cooperate with us in our review process, your payment may be delayed, cancelled or declined. In our sole and absolute discretion, we reserve the right to limit or refuse your use of a payment method for any reason, including, without limitation, declining payments or denying your use of the Content and Services. Further, you agree to abide by any applicable payment terms of the application store.
13. Copyright. Company owns the copyright in all of the information and material contained on the Website, www.vistamoney.io . The contents of the Website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, Website, or use of or access to the Website, or any information or technology obtained from the Website, including, but not limited to, Company’s trademarks.
15. Anonymous Data. You acknowledge and agree that Company may obtain and aggregate technical and other data about its customers’ use of the Content and Services, excluding any personally identifiable information with respect to a customer, and Company may use such aggregated data to analyze, improve, support and operate the Application and the Content and Services and otherwise for any business purpose, during and after the term of this Agreement, including without limitation to generate industry benchmarks or best practices guidance, recommendations or similar reports for distribution to and consumption by customers and Company prospects. For clarity, this Section 15 does not give us the right to identify a customer as the source of any aggregated data.
16. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
18. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
19. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.