ZIZU APP - Terms and Conditions

Terms and Conditions

I. ZIZU

A. TERMS OF SERVICE

Welcome to ZIZU

1. INTRODUCTION

These terms of service (the "ZIZU Terms") represent a binding legal agreement between you ("you" or "your") and DAPOS, LLC (" us" or " our" or "ZIZU") and govern the provision and use of our services, including the ZIZU mobile applications and websites (www.zizuapp.com) (the "App" and "Website"), software and all types of code (source code, binary code etc.) (the "Software"), hardware, and other products and services, information, tools, features and functionality including content, updates and new releases (together, the "Services"), or otherwise the relationship between you and us in connection with the Services.

The ZIZU Terms comprise the terms and conditions set forth herein, but also any additional terms and conditions, policies, rules, guidelines, rates, offers or similar as published in the App or on the Website relating to the Services available in the App and at the Website. You should read them all carefully and retain them for your records. If you don't agree to the term and conditions set forth herein, please don't use the Services.

You should be aware that some of the products and services made available to you in the App are not provided by us but are instead offered and provided by third parties (herein referred to as "Partner Services" and our "Partners"). These Partners have their own agreements (the "Partner Agreements") that will apply to you when you use the Partner Services. The Partner Agreements are attached to the ZIZU Terms as Schedules. By accepting the ZIZU Terms and utilizing the Partner Services (as applicable), you also accept the Partner Agreements. The Partner Agreements constitute a separate agreement between you and our Partners and shall govern your use of the Partner Services and your relationship with our Partners. Some of the Partner Services or Services may not be available to you depending on the level of identity verification you have completed. We reserve the right to require any level of or additional identity verification to access any of the Partner Services or Services, in our sole discretion.

By applying for or otherwise retaining, using the Services and/or any Partner Services (or any part thereof), you represent and warrant that: (i) you are at least 18 years of age (or older if you reside in a state where the legal age of ZIZU is older) and are fully able and competent to conclude the terms and conditions set out herein; (ii) you are a U.S. resident; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) all information that you provide to us in connection with the Services and/or Partner Services is true, correct, up-to-date and complete; and (v) that you have read and understand the ZIZU Terms and the Partner Agreements, and agree to be bound by and to comply with their terms and conditions.

DAPOS, LLC is a Florida limited liability company whose office is at 17 State St, New York, NY 10004, USA

2. INTELLECTUAL PROPERTY RIGHTS AND LICENSES

In consideration of you agreeing to abide by the terms and condition of the ZIZU Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the App, the Website and other parts of the Services provided or made available to you by ZIZU or our Partners. You may download a copy of the App onto a Device which you control and to view, use and display the App for your personal purposes only. We reserve all other rights.

Without limiting the aforesaid, in relation to the App, we license the use of the App to you subject to your adherence to terms and conditions of the ZIZU Terms, in addition your use of the App is subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group ("Apple" and "Google"). We do not sell the App to you. We remain the owners of the App at all times.

You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, Website or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.

The Software may contain open source software. Any use, reproduction and distribution of components of the Software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license. You acknowledge that you have no right to have access to the Software or other parts of the Services (where applicable) in source-code form.

All ownership and intellectual property rights in or to the Software, App, Website or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in ZIZU (or our Partners, to the extent applicable), or any third party licensors, and nothing in the ZIZU Terms shall constitute or be interpreted as a transfer of any such rights from ZIZU (or any third party licensor of ZIZU) to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under the ZIZU Terms. For the purpose of clarification; nothing in these terms give you a right to use any of our or our Partner`s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services or Partner Services provided to you.

The licenses granted to you as described in this section will terminate automatically in the event of termination of the ZIZU Terms. Furthermore, we have the right to, in its sole discretion, at any time remove any materials posted to the Website.

3. CUSTOMER SERVICE

For customer service, please visit the help and support sections available in the App and/or on the Website or get in contact with our customer service agents by phone or by email. Customer Service Email: support@zizuapp.com

  • Customer Service Number: (646) 213-2773 (available Monday through Friday 10:00AM - 4:00PM EST and Saturdays 9:00AM - 5:00PM CDT)

4. OUR SERVICES AND PARTNER SERVICES

Below is an overview of the main services and products currently available. Please visit the App and Website for more detailed information.

4.1 ACH Bank Transfers

By accepting ZIZU APP's Terms, you also accept Plaid's Terms of Use, which grant Plaid and ZIZU the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institution.

In order to use the payment functionality of ZIZU's application, you must open a "Dwolla Account" provided by Dwolla, Inc, preferred NATCHA’s partner for ACH Technology, and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at support@zizuapp.com.

4.2 International Transfers ("Remittances")

Payment services are provided by The Currency Cloud Limited.. For further information please visit CurrencyCloud Terms and Conditions of service: https://www.currencycloud.com/legal/terms/

Currencycloud requires that its customers be given adequate notice that information will be requested to verify their identity. This notice explains why Currencycloud is collecting identification information:

Notice for Consumer Products:

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Currencycloud requires to inform about the follow display:

"Payment services are provided by The Currency Cloud Limited. Registered in England No. 06323311. Registered Office: The Steward Building 1st Floor, 12 Steward Street London E1 6FQ. The Currency Cloud Limited is authorized by the Financial Conduct Authority under the Electronic Money Regulations 2011 for the issuing of electronic money (FRN: 900199). In the US Currency Cloud operates in partnership with CFSB. CFSB fully owns the bank program and services are provided by The Currency Cloud Inc."

  • All refunds of your money shall be made by our partners as per its Terms and Conditions.

  • You may cancel your Transaction for a full refund within 30 minutes of creating your Transaction, unless the funds have already been paid out to the Beneficiary. After 30 minutes, a refund will not be provided unless your Transaction was not processed according to your instructions or we were unable to pay out the Transaction. To request a refund, please contact Customer Service at the details provided below.

  • Refunds will be credited to the same Mode of payment used to pay for the Transaction. Refunds are only made in U.S. Dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. Dollar or foreign currency from the time your Transaction was submitted.

  • The amount of funds that is returned to you shall be the amount after deducting any service charges and other expenses incurred while refunding the funds.

  • If we determine to refund remittance payment funds to you, these funds may be returned to you at the exchange rates established by us on the date of return. This amount may be different than the original amount that was sent. We shall not be liable to you for any loss occurred due to cancellation or refund of a remittance payment.

5. THE SERVICES
5.1 Your Use of the Services

You acknowledge that the products, features or functions or other parts of the Services or Partner Services may change over time. We or our Partners may without prior notice to you change the form and nature of the Services and/or Partners Services. Furthermore, we and our Partners may in our sole discretion, and without prior notice to you, decline to provide and/or stop (permanently or temporarily) providing the Services and/or Partner Services (or part thereof) to you or to users generally. We may make updates to the Software, the App or other parts of the Services at any time and shall have no obligation whatsoever to provide any such updates to you. It is your responsibility to use the latest available version of the Software, App or other parts of the Services (where applicable).

The Services are only intended for your personal use. You are not allowed to resell or commercialize the Services to any third party.

You agree that you are solely responsible (and that we and our Partners have no responsibility to you or to any third party) for any data, content, or resources that you transmit by using the Services or Partner Services, and for the consequences of such actions, including any loss or damage which we, our Partners or any other third party may suffer.

Use of all or parts of the Services may require additional identity verification, in our sole discretion. You agree to provide all information requested by us or our Partners in order to verify your identity, and your failure to do so may result in us or our Partners declining or ceasing to provide any or all of the services to you.

5.2 Jurisdictional Restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use the Services or the Partner Services, you may not use those services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to use the Services and Partner Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using the Services and Partner Services.

5.3 Prohibited Use and Restrictions

You agree to use the Services and the Partner Services only in such way that is permitted by the ZIZU Terms and the Partners Agreements, and to comply with applicable law and regulation. If any laws applicable to you restrict or prohibit you from using the Services and/or the Partner Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. The list below provides examples of prohibited conduct and shall not be considered exhaustive - you may not, and you agree not to:

  • Use the Services and Partner Services for any unlawful purpose, in any manner inconsistent with the ZIZU Terms or the Partner Agreements, or to act fraudulently or maliciously (example: by hacking into or inserting malicious code, including viruses, or harmful data, into the App, Website, Software or any other parts of the Services or any operating system;

  • Infringe our or our Partner`s intellectual property rights, or those of any third party in relation to your use of the Services or Partner Services (to the extent that such use is not licensed to you under the ZIZU Terms or Partner Agreement);

  • Transmit any communications that is defamatory, offensive or otherwise objectionable in relation to your use of the Services and Partner Services;

  • Not use the Services and Partner Services in a way that could damage, disable, overburden, impair or compromise our or any third party`s systems or security or interfere with other users;

  • Collect or harvest any information or data from the Services or Partner Services or any applicable systems or attempt to decipher any transmissions to or from the servers running the Services or Partner Services;

  • Submit or post to the Website, or otherwise expose any third party to or use any material or content which infringe any third party`s intellectual property rights or violate the rights of any third party;

  • Submit or post to the Website, or otherwise expose any third party to any material or content which is illegal, offensive, indecent, harmful to minors, defamatory, racist, pornographic or otherwise, in our sole discretion, is objectionable;

  • Intercept or monitor, damage or modify any communication which is not intended for you;

  • Sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Services and/or Partner Services (or any part thereof.

We are entitled to, in our sole discretion, immediately without prior notice or warning suspend the provision of the Services and/or Partners Services (or any part thereof) and/or terminate the ZIZU Terms if we determine you are using the Services or the Partners Services or otherwise acting in breach of the ZIZU Terms and/or Partner Agreements, or for the purpose of protecting you, us or our Partners. The aforesaid does not limit any other rights that we may have under the ZIZU Terms or Partner Agreements or applicable law.

5.4 Your Submission of Feedback

You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of the Services or Partner Services, or otherwise in your contacts with us or our Partners (including but not limited to, the use of blogs, email, forums and customer support functions) is provided on a non-proprietary, non-exclusive and non-confidential basis. You grant us a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information (of course subject to our and/or our Partners privacy policies). You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.

5.5 Disclosure of Information

We reserve the right at all times to disclose any data or information (in any form) as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in our sole discretion. For more details please review to our Privacy Policy.

5.6 No Warranties

You expressly acknowledge and agree that the provision and use of the Services and/or the Partners Services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services and/partners Services are provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services and Partners Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that we cannot guarantee that information or communications transmitted in relation to the use of Services will not be subject to interception by law enforcement officials or other third parties.

5.7 Suspensions and Interruptions of the Services

We and our Partners have the right to immediately, without any liability, refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services and the Partner Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Service, or for any of the reasons for termination set forth in the Terms of Service, or any corporate or business reason.

6.1 Billing Errors

Except as provided by law, all purchases under the ZIZU Terms and Partner Agreements are final and non-refundable. If you believe that we or any of our Partners have charged you in error, you must provide a written request in English to our Customer Service within 90 days of such charge (for contact details see Section 3 above). No refunds will be given for any charges more than 90 days old. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. We reserve the right to deny repetitive refund requests.

6.2 Account and Receipt

When you log into your ZIZU Account (i.e. in the App) you will find certain information relating to your use of the Services and the Partner Services, such as receipts and payments made, calling history and your current balance ("ZIZU Account Records"). It is your responsibility to retain and save copies of your ZIZU Account Records for future reference.

We will use commercially reasonable efforts to correct any technical failures relating to your ZIZU Account Records within a reasonable time. However, your inability to view your ZIZU Account Records does not extend, or relieve you of, your obligation to pay any amounts owing to us or our Partners.

7. TERMINATION AND DEACTIVATION

The ZIZU Terms (and Partner Agreements) are effective until terminated by you or us. Both you and we may terminate the ZIZU Terms (cancel your ZIZU Account, the Services etc.) for any and all reasons, immediately, at any time and without prior notice.

You may terminate the ZIZU Terms (and Partner Agreements) by contacting our Customer Support (see contact details in Section 3 above).

You acknowledge and agree that our offer and provision of the Services (the use of you ZIZU Account) and Partner Services to you are conditioned upon you remaining entitled and otherwise eligible to acquire the Services and the Partner Services, hence the termination (or deactivation) of a Partner Service may implicate the immediate termination of the ZIZU Terms (or the deactivation of your ZIZU Account, as applicable).

You acknowledge and agree that we and/or our Partners are under no obligation to provide the Services and/or the Partner Services to you, and that we or our Partners shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the of the Services, the Partner Services, the ZIZU Terms and/or the Partner Agreements.

On termination (for any reason): all rights granted to you hereunder or under any Partner Agreement shall cease immediately; you must immediately stop using the Services and Partner Services and otherwise cease with all activities authorized under the ZIZU Terms or the Partner Agreements, including but not limited to, delete or remove the App, the Software and other parts of the Services (where applicable) from all your Devices, and immediately destroy all copies of the same then in your possession, custody or control. We shall execute the termination by preventing you to access and/or use of your ZIZU Account or other parts of the Services or the Partner Services. The termination of the ZIZU Terms and/or Partner Agreements will not affect any of our rights or your obligations arising under aforesaid terms and agreements prior to termination.

8. MISCELLANEOUS
8.1 Assignment

We may assign all or part of our rights and/or obligations under the ZIZU Terms without notice to you (the same right applies for our Partners in relation to the Partner Agreements). You are not allowed to assign any rights or obligations under the ZIZU Terms or any Partner Agreement to any third party without our prior written consent.

8.2 Limitation of Liability

IN NO EVENT SHALL WE, NOR SHALL OUR SUBSIDIARIES, AFFILIATES OR PARTNERS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES IN CONNECTION WITH THE SERVICES OR PARTNER SERVICES (OR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OF THE AFORESAID ENTITIES), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF MONEY, DATA, GOODWILL, REPUTATION, PROFITS, BUSINESS INFORMATION OR INTERRUPTION, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PARTNERS SERVICES OR OTHERWISE ARISE UNDER OR IN CONNECTION WITH THE ZIZU TERMS OR PARTNER AGREEMENTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARTNERS HARMLESS, INCLUDING OUR AND OUR PARTNERS` SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, LOSSES, DEMANDS, TAX ASSESSMENTS, JUDGMENTS, GOVERNMENTAL INVESTIGATION OR ENFORCEMENT ACTION, PENALTIES, INTEREST AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS` FEES) MADE BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATING TO (I) YOUR ACCESS TO AND USE OF THE SERVICE AND/OR PARTNER SERVICES; (II) YOUR VIOLATION OF ANY OF THE TERMS AND CONDITIONS OF THE ZIZU TERMS AND/OR ANY PARTNER AGREEMENT (INCLUDING ACTUAL OR ALLEGED BREACH OF YOUR REPRESENTATIONS AND WARRANTIES), OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (IV) ANY OTHER PARTY`S ACCESS AND/OR USE OF THE SERVICES AND/OR PARTNER SERVICES WITH YOUR UNIQUE NAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE; OR (V) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD-PARTY. WE RESERVES THE RIGHT TO ASSUME OR PARTICIPATE, AT YOUR EXPENSE, IN THE INVESTIGATION, SETTLEMENT AND DEFENSE OF ANY SUCH ACTION OR CLAIM.

8.4 Applicable Law and Jurisdiction

The ZIZU Terms shall be governed by the laws of the State of Georgia except to the extent governed by federal law, without regard to any conflicts of law provisions that provide for the application of the law of another jurisdiction.

Any claim, dispute, or controversy ("Claim") between you and us, including our (if any) successors, affiliates or assignees as well as any other third party, arising out of or relating in any way to the ZIZU Terms, your use of the Services or otherwise, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding confidential individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.

We will pay the initial filing fee to commence the arbitration.

You and we will have every remedy available in arbitration as you and we would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator. The arbitrator`s award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT USE THE SERVICES OR ANY PARTNER SERVICES, NOTIFY US IMMEDIATELY FOR TERMINATION OF THE ZIZU TERMS AND PARTNER AGREEMENTS.

8.5 Entire Agreement

The ZIZU Terms represent the entire agreement between you and us relating to the use of the App, Website, your ZIZU Account and/or any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Services or any other subject matter covered by the ZIZU Terms. For the purpose of clarification, the ZIZU Terms supersede all offer, promises or similar made to you by our client services agents, representatives or employees. The ZIZU Terms may not be modified or amended except as described herein.

If a court finds any provision of the ZIZU Terms or any Partner Agreement to be invalid or unenforceable for any reason, the remainder of the ZIZU Terms or such Partner Agreement shall continue in full force and effect.

If we or any Partner (as applicable) fail to insist that you perform any of your obligations under the ZIZU Terms or any Partner Agreement, or if we or a Partner do not enforce our rights against you, or if we delay in doing so, that will not mean that we or the Partner have waived our rights against you and will not mean that you do not have to comply with those obligations. If we or any of our Partners waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

8.6 Headings

Headings used in the ZIZU Terms or any Partner Agreement are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

8.7 Translations of the ZIZU Terms and Partner Agreements

The official version of the ZIZU Terms, ZIZU Promotional Offers and the Partner Agreements is in the English language. Any translations are provided merely for convenience of the customers and shall not be legally binding. In the event of any conflict between a non-the English language version and the English version, the English version shall prevail.

8.8 Force Majeure

You acknowledge and agree that if we and/or any of our Partners are unable to provide the Services and/or Partner Services as a result of a force majeure event, neither we nor our Partners shall be in breach of any of our obligations towards you under the ZIZU Terms and/or Partner Agreements. A force majeure event means any event beyond the reasonable control of ZIZU and/or the Partners.

8.9 Consent to Use Electronic Signatures and Communications

To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all Services provided to you under these Terms of Use and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form

By accepting and agreeing to these Terms of Use electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at support@zizuapp.com. If you withdraw your consent to receive Communications electronically, we will close your ZIZU APP account, and you will no longer be able to use ZIZU APP -and partners - services, except as expressly provided in these Terms of Use. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile via email at support@zizuapp.com. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.

We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms of Use on the Site, without obligation to deliver notice to you of such termination or change.

8.10 Communication Policy

This ZIZU Communication Policy applies to the contact information you provide to ZIZU or its Partners at any time and through any channel. For example, the information you provide to us on the ZIZU website, the App, ZIZU social media sites, via email, chat, phone and any other interaction you have with us (together "Your Information"). When you provide Your Information and open an account you accept this policy. Please also see the ZIZU Privacy Policy and the ZIZU Terms of Service for additional information about how your information is collected and used.

By attempting to open a ZIZU Account you agree to this policy and you certify that you are a U.S. resident and that you are of legal age in your state of residence.

How we will use Your Information to communicate with you

We will use Your Information to communicate with you. Methods we will use to communicate with you include mail, email, phone calls and voicemails, text messages, alerts from the native apps, messages inside the native apps, messages in the ZIZU website, messages on social media and any other means of communication. For any calls or text messages, your mobile provider may charge you according to the type of plan you carry and you are responsible for such charges.

We may communicate with you about your account, examples include: to alert you if there is suspected fraud on your account, to alert you about purchases made with your card, to remind you of a payment due, to request you make a payment, to offer you other ZIZU products, or for any other reason related to your ZIZU account. You agree that any such communication is not unsolicited for purposes of federal or state law.

PHONE COMMUNICATION: You also agree that we can contact you on all the phone numbers you provide to us, phone numbers you use to call us or other numbers that we reasonably believe belong to you, whether they are mobile numbers or landlines. You agree that we can call you at any of these numbers using an automated dialer and/or using an artificial or prerecorded voice. You may opt out of receiving these calls at any time and consent to receive calls is not a condition of having a ZIZU account. However, if you opt out your account activity and the services you receive may be limited. For example, you may not be able to receive automated calls about suspected fraud on your account. If at any time you wish to withdraw your consent, you can contact us via any channel - email, mail or phone. If you prefer you can send us an email to support@zizuapp.com.

TEXT MESSAGES: we use text messages as a means of verification when you first sign up for ZIZU, to provide you important disclosures, to verify your identity when you access certain features of your account or change devices and for other reasons as part of servicing your ZIZU Account. You can opt out of receiving text messages but your access to your ZIZU Account will be significantly limited if you do so. For example, you may not be able to access your Account to pay your bill online or on the native apps. We may close your Account if you opt out of text messages, but you will still be responsible for paying your balance if you have one. If at any time you wish to withdraw your consent, you can contact us via any channel - email, mail or phone. If you prefer you can send us an email to support@zizuapp.com.

MONITORING AND RECORDING: we may monitor, tape or record telephone calls with you, including when you call us or when we call you.

This version (v) of the ZIZU Terms is effective as from: November 26, 2021