Cuentas Mobile Application (“Cuentas App”) and Webpage ("Webpage" or "Webpages") End.
User License Agreement.
This End User License Agreement (“Agreement”) sets forth a legally binding agreement between you and Cuentas, Inc. (“Cuentas”), hereinafter collectively referred to as “we”, or “us”.
Please read this Agreement carefully before using the Cuentas mobile application (the “Cuentas App” or the “Application”) or any of the Cuentas webpages. If you do not agree to the terms contained in this Agreement, then you may not use the Application and should not access or use any of the webages. Your use of the Application or any Webpage constitutes your representation and acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations and/or rules with regard to your use of the Application.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
From time to time we may update the Application and this Agreement. Your use of the Application or Webpages after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. Cuentas may, in its sole discretion, and at any time, discontinue the Application or Webpages or any part thereof, with or without notice, or may prevent your use of the Application or Webpages with or without notice to you. You agree that you do not have any rights in the Application or Webpages and Cuentas will have no liability to you if the Application or Webpages are discontinued or your ability to access the Application or Webpages is terminated.
YOU MAY NOT USE THE APPLICATION OR WEBPAGES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE APPLICATION OR WEBPAGES MAY BE TERMINATED IMMEDIATELY IN CUENTAS’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Apple iOS Application Users Only You, the end-user of the Application, acknowledge that the Agreement is entered into by and between Cuentas and you and not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/).
For purposes of this Agreement, the Application is considered the “Licensed Application” as defined in the LAEULA and Cuentas is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. Any use of the Application in any manner not allowed under this Agreement or the LAEULA, including, without limitation, resale, transfer, modification or distribution of the Application or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the Application is prohibited. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Application (including, without limitation, a third party claim that the Application infringes that third party’s intellectual property rights) or your use or possession of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Application.
Grant of License The Application or Webpages, including the software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), Application or Webpages Updates (as defined below), documentation and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by Cuentas subject to the terms of this Agreement. Neither title nor any intellectual property rights are transferred to you, but rather remain with Cuentas, who owns full and complete title, and Cuentas reserves all rights not expressly granted to you. The rights granted herein are non-transferable, and are limited to Cuentas’s intellectual property rights in the Application or Webpages and do not include any other patents or intellectual property rights.
The Agreement herein grants you permission to use the Application on one device (including iPhone or iPad devices for Apple iOS users) at a time. You may not make the Application available over a network where it could be used on multiple devices at the same time. This Agreement does not grant you any rights to use Cuentas proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Application. Any use of the Application in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification or distribution of the Application or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the Application or Webpages is prohibited. This Agreement does not entitle you to receive and does not obligate Cuentas to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application or Webpages. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Application or Webpages. This Agreement is effective until terminated.
Your rights under this Agreement will terminate automatically without notice from Cuentas if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Application or Webpages.
Cuentas provides the Application or Webpages to you, subject to this Agreement. The Application or Webpages, and any services performed, provided or enabled by or through the Application or Webpages and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, and other materials provided to you via the Application or Webpages (collectively “Content”), are intended for the lawful use by registered users of the Application or Webpages. You represent and warrant that you will use the Application or Webpages and Content only for the purposes permitted herein, that all information you submit is accurate and otherwise complies with this Agreement, and that you will promptly update your information, if any changes. Cuentas makes no representation that the Application or Webpages or Content are appropriate or available for use in particular locations.
You agree not to download, display or use any Content for use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of Cuentas, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Cuentas and/or its licensors, that dilutes the strength of Cuentas or its licensors’ property, or that otherwise infringes Cuentas or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please email us at firstname.lastname@example.org
Unsolicited Ideas; User Submissions We always welcome consumer feedback and appreciate your interest in sharing your thoughts with us. However, it is our policy not to accept or consider unsolicited ideas from outside the company, including ideas for new or improved products or packaging, technologies, product names, or promotion or marketing strategies. Cuentas’s research and technical staff continuously work to improve Cuentas’s products and methods and develop new products. The development process for new items may continue for several years before being introduced to our customers. Should you submit an idea to Cuentas, despite Cuentas’s policy, Cuentas will treat the information as non-confidential and non-proprietary and Cuentas will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.
Without limiting the previous paragraph, all postings, remarks, suggestions, ideas, graphics, or other information that you communicate to Cuentas through the Application or Webpages (including but not limited to any message on bulletin boards, email, or other means) becomes and remains our property. Accordingly, you agree that (a) Cuentas will not treat any such submission as confidential, (b) You cannot sue Cuentas or initiate any action against Cuentas for using the ideas you submit (including, but not limited to, product or advertising ideas) (c) Cuentas does not have to pay you or anyone else if Cuentas uses your submission or anything similar, and (d) Cuentas will have exclusive ownership of all present and future rights to submissions of every kind, and that Cuentas can use them for any purpose, without compensating you or anyone else for them.
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cuentas all of the rights granted herein. Cuentas does not endorse any material you submit and Cuentas expressly disclaims any and all liability in connection therewith. Cuentas does not permit copyright infringing activities and infringement of intellectual property rights on the Application or Webpages, and Cuentas will remove all Content and submissions if properly notified that such Content or user submission infringes on another's intellectual property rights (see section immediately below). Cuentas reserves the right to remove Content and user submissions without prior notice. Cuentas reserves the right to decide whether Content or a submission is appropriate and complies with this Agreement for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material.
Preventive Cuentas may remove any submissions, and take any preventive measures Cuentas feels appropriate in its sole discretion, including but not limited to, terminating or blocking access to the Application or Webpages, where such material is in violation of this Agreement at any time, without prior notice and at our sole discretion.
Accounts, Security, Passwords Certain areas of the Application or Webpages may require you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Application or Webpages.
If the Application or Webpages requires you to submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested. It is your responsibility to maintain the currency, completeness, and accuracy of your information and any loss caused by your failure to do so is your responsibility. You may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and user name. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Cuentas immediately of any unauthorized use of your account at 1-844-433-8086. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Application or Webpages. Cuentas is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree that Cuentas and Cuentas’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Application or Webpages access, system and Application or Webpages software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application or Webpages. You grant Cuentas the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Cuentas believes you may be interested, including working with third parties who provide targeted advertising content.
Application or Webpage Updates Cuentas may make available for download certain Application or Webpage updates or upgrades to the Application or Webpages, enhance or further develop the Application or Webpages (“Application or Webpage Updates”). The license granted herein allows you to download and use the Application or Webpage Updates to update the Application or Webpages on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by Cuentas.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Application, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or Webpages, Application or Webpage Updates, or any part thereof. Any attempt to do so is a violation of the rights of Cuentas and its licensors of the and Application or Webpage Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Application or Webpages and Application or Webpage Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
Cuentas may, at its discretion, automatically download Application Updates to your device or make website updates. You agree to accept these Application or Webpage Updates, and to pay for any costs associated with receiving them, if any. The Application or Webpage and Application or Webpage Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application or Webpages and Application or Webpage Updates. These laws include restrictions on destinations, end users and end use. Use of the Application or Webpages The following requirements apply to your use of the Application or Webpages:
• You will not use any electronic communication feature of the Application or Webpages for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
• You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
• You will not collect or store personal data about other users.
• You will not use the Application or Webpages for any commercial purpose not expressly approved by Cuentas in writing.
• You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
• You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.Mobile Service, Internet and Service Fees.
• The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application Updates, from Cuentas, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
• Your use of the Webpages requires use of either a mobile device and wireless mobile data service, or computer and internet access, which must be obtained from your wireless or other carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Webpages, including without limitation, administrative messages, service announcements, diagnostic data reports, and Webpage Updates, from Cuentas, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile or other data plan, you may incur additional charges from your wireless or other service provider in connection with your use of the Webpages. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Webpages, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Webpages.
The Application or Webpages may not work with all devices or all mobile carriers. Cuentas makes no representations that the Application or Webpages will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application or Webpages, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Intellectual Property Ownership There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively “Trademarks”) used in the Application or Webpages and in the Content. By making these Trademarks available through the Application or Webpages and in the Content, Cuentas is not granting you a license to use them in any fashion, and you are not granted any license under any of Cuentas’s or any third party's Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No Cuentas Trademarks may be used as a username, icon, identifier, hyperlink or in any other manner without Cuentas’s prior written permission. The Application or Webpages, Content, and the selection, coordination, and arrangement thereof, is owned either by Cuentas, or its respective licensors. The unauthorized copying, displaying, selling, distributing or other use of any Content or Application or Webpages is a violation of the law. You acknowledge having been advised by Cuentas that the Content and Application or Webpages is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws.
Representations, Disclaimer of Warranties, and Limitations of Liability Cuentas and its subsidiaries, officers, employees, and website/application contractors/vendors and each of their officers, employees and agents (collectively, “Cuentas Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Application or Webpages. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Cuentas or the Cuentas Affiliates.
The Internet may be subject to breaches of security. Cuentas and the Cuentas Affiliates are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Cuentas or the Cuentas Affiliates any information or posting information to the Application or Webpages. Cuentas and the Cuentas Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Application or Webpages. The Application or Webpages may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE APPLICATION OR WEBPAGES (INCLUDING ALL APPLICATION OR WEBPAGE UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. CUENTAS AND THE CUENTAS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION OR WEBPAGES AND THE CONTENT. CUENTAS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE APPLICATION OR WEBPAGES (INCLUDING ANY APPLICATION OR WEBPAGE UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR WEBPAGES, (INCLUDING ANY APPLICATION OR WEBPAGE UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR WEBPAGES (INCLUDING ANY APPLICATION OR WEBPAGE UPDATES) WILL BE CORRECTED.
No oral or written information or advice given by Cuentas or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Application or Webpages prove defective, you assume the entire cost of all necessary servicing, repair or correction.
YOU AGREE THAT CUENTAS AND THE CUENTAS AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE APPLICATION OR WEBPAGES OR THE CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE APPLICATION OR WEBPAGES; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CUENTAS, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE APPLICATION OR WEBPAGES OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF APPLICATION OR WEBPAGES USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH APPLICATION OR WEBPAGES USERS, EVEN IF CUENTAS OR THE CUENTAS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE APPLICATION OR WEBPAGES OR ITS RELATED INFORMATION OR PROGRAMS.
THE APPLICATION OR WEBPAGES MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. CUENTAS DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE APPLICATION OR WEBPAGES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL CUENTAS OR THE CUENTAS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THE APPLICATION OR WEBPAGES, REGISTERING WITH THE APPLICATION OR WEBPAGES AND/OR ACCEPTING ANY INFORMATION FROM THE APPLICATION OR WEBPAGES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CUENTAS AND THE CUENTAS AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE APPLICATION OR WEBPAGES OR THE CONTENT;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE APPLICATION OR WEBPAGES; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN CUENTAS’S DEFENSE OF ANY CLAIM. CUENTAS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF CUENTAS.
Links to Third-Party Applications and Services or Websites and Services. The Application or Webpages may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Application or Webpages may allow you to add/configure certain Third-Party Services to your device. Cuentas has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
Users who utilize the Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on Cuentas servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Cuentas is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.
Assignment Cuentas may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Application or Webpages. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Application or Webpages by others using the device.
General Information This Agreement constitutes the entire agreement between you and Cuentas governing your use of the Application or Webpages, superseding any prior agreements between you and Cuentas relating to your use of the foregoing. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Application or Webpages. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement. The failure of Cuentas to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
By using the Application or Webpages, you agree that the statutes and laws of the United States and the State of Florida without regard to conflicts of laws principles, will apply to all matters relating to use of the Application or Webpages, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Florida. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or Webpages or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims and causes of action arising out of or connected with the Application or Webpages and/or this Agreement, will be resolved individually, without resort to any form of class action. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You acknowledge and agree that your use of the Application or Webpages may involve you providing an “electronic signature” indicating your desire to use the Application or Webpages. Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically. You may not use or otherwise export or re-export the Application or Webpages except as authorized by United States law and the laws of the jurisdiction in which the Application or Webpages was obtained.
In particular, but without limitation, the Application or Webpages may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Application or Webpages for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Application or Webpages is provided pursuant to this Agreement.
In the event of a complaint or concern regarding this Agreement or the Application or Webpages, or for more information, please contact Cuentas at the following address:
P.O. Box 11501.
Miami, FL 33101
The failure of Cuentas to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Cuentas, shall not be deemed a breach of this Agreement. This Agreement constitutes a binding agreement between you and Cuentas, and is accepted by you upon your use of the Application or Webpages. This Agreement constitutes the entire agreement between you and Cuentas regarding your use of the Application or Webpages.