Our services are designed to bring all your employee wellbeing and engagement needs in one place. In addition, to help you and your team more easily manage money and to keep your data secure, we provide you the flexibility to choose the wellness, incentives and gifting options that work for you, where and when you need them.
Customer Terms of Service
Effective: January 31, 2021
These Customer Terms of Service (the “Customer Terms”) describe your rights and responsibilities when using our online wellspace productivity tools and platform (the “Services”). Please read them carefully. If you are a Customer (defined below), these Customer Terms govern your access and use of our Services. If you are being invited to a wellspace set up by a Customer, the User Terms of Service (the “User Terms”) govern your access and use of the Services. We are grateful you’re here.
First Things First
These “Customer Terms” Form a Part of a Binding “Contract”
These Customer Terms (or, if applicable, your written agreement with us) and any Order Form(s) (defined below) together form a binding “Contract” between Customer and us. “We,” “our” and “us” refers to the applicable Wallit entity in the section entitled “Which Wallit Entity is Customer Contracting With?” below.
Your Agreement On Behalf of “Customer”
If you purchase subscription(s), create a wellspace (i.e., a digital space where a group of users may access the Services, as further described in our Help Center pages), invite users to that wellspace, or use or allow use of that wellspace after being notified of a change to these Customer Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of Customer before proceeding.
Customer Choices and Instructions
Who is “Customer”? (Hint: There can be only one)
“Customer” is the organization that you represent in agreeing to the Contract. If your wellspace is being set up by someone who is not formally affiliated with an organization, Customer is the individual creating the wellspace. For example, if you signed up using a personal email address and invited a couple of friends to work on a new startup idea but haven’t formed a company yet, you are the Customer.
Signing Up Using a Corporate Email Domain
If you signed up for a plan using your corporate email domain, your organization is Customer, and Customer can modify and re-assign roles on your wellspace, including your role, and otherwise exercise its rights under the Contract. If Customer elects to replace you as the representative with ultimate authority for the wellspace, we will provide you with notice following such election and you agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer.
What This Means for Customer—and for Us
Individuals authorized by Customer to access the Services (an “Authorized User”) may add their financial account information to the Services, such as a checking account or a debit card (“Customer Data”), and Customer may exclusively provide us with instructions on what to do with it. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign wellspaces, create categories, or consolidate wellspaces or categories with other wellspaces or categories. Since these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data, please review the Help Center pages for more information about these choices and instructions.
Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to their use of the Services and of any settings that may impact the processing of Customer Data; and (b) ensure the transfer and processing of Customer Data under the Contract is lawful.
A subscription allows an Authorized User to access the Services. No matter the role, a subscription is required for each Authorized User. A subscription may be procured through the Services interface, or in some cases, via an order form entered into between Customer and us (each, an “Order Form”). Please see the Help Center for more information on procuring subscriptions and inviting new Authorized Users. Each Authorized User must agree to the User Terms to activate their subscription. Subscriptions commence when we make them available to Customer and continue for the term specified in the Services “check-out” interface or in the Order Form, as applicable. Each subscription is for a single Authorized User for a specified term and is personal to that Authorized User. We sometimes enter into other kinds of ordering arrangements, but that would need to be spelled out and agreed to in an Order Form or Statement of Work. During an active subscription term, adding more subscriptions is fairly easy. Unless the Order Form says otherwise, Customer may purchase more subscriptions at the same price stated in the Order Form and all will terminate on the same date. Check out our Help Center pages for additional information on setting up a wellspace and assigning roles.
We may share information about our future product plans because we like transparency. Our public statements about those product plans are an expression of intent, but do not rely on them when making a purchase. If Customer decides to buy our Services, that decision should be based on the functionality or features we have made available today and not on the delivery of any future functionality or features.
Choosing to be a Beta Tester
Occasionally, we look for beta testers to help us test our new features and functionality. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a “Beta Product”). Beta Products may not be ready for full-scale use so they are made available “as is,” and any warranties or contractual commitments we make for other Services do not apply. Should Customer encounter any faults with our Beta Products, we would love to hear about them; our primary reason for offering any beta programs is work with our customers who want to help us iron out any issues before making a new feature more widely available.
Feedback is Welcome
The more suggestions our customers make, the better the Services become. If Customer sends us any feedback or suggestions regarding the Services, there is a chance we will use it, so Customer grants us (for itself and all of its Authorized Users and other Customer personnel) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer, any Authorized User or other Customer personnel. If we choose not to implement the suggestion, please don’t take it personally. We appreciate the feedback and your support.
Our Services include a platform that third parties may use to develop applications and software that complement Customer’s use of the Services (each, a “Non-Wallit Product”). We also maintain a directory called the Wallit App Directory where some Non-Wallit Products are available for installation. THESE ARE NOT OUR SERVICES, SO WE DO NOT WARRANT OR SUPPORT NON-WALLIT PRODUCTS, AND, ULTIMATELY, CUSTOMER (AND NOT US) WILL DECIDE WHETHER OR NOT TO ENABLE THEM. ANY USE OF A NON-WALLIT PRODUCT IS SOLELY BETWEEN CUSTOMER AND THE APPLICABLE THIRD PARTY PROVIDER.
If a Non-Wallit Product is enabled for Customer’s wellspace, please be mindful of any Customer Data that will be shared with the third party provider and the purposes for which the provider requires access. We will not be responsible for any use, disclosure, modification or deletion of Customer Data that is transmitted to, or accessed by, a Non-Wallit Product.
Customer and Authorized Users
Use of the Services
Customer must comply with the Contract and ensure that its Authorized Users comply with the Contract and the User Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We aren’t responsible for the content of any Customer Data or the way Customer or its Authorized Users choose to use the Services to store or process any Customer Data. The Services are not intended for and should not be used by anyone under the age of 16. Customer must ensure that all Authorized Users are over 16 years old. Customer is solely responsible for providing high speed internet service for itself and its Authorized Users to access and use the Services.
Our Removal Rights
If we believe that there is a violation of the Contract that can simply be remedied by Customer’s removal of certain Customer Data or Customer’s disabling of a Non-Wallit Product, we will, in most cases, ask Customer to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if Customer does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties.
For Customers that purchase our Services, fees are specified at the Services interface “check-out” and in the Order Form(s) — and must be paid in advance. Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event Customer downgrades any subscriptions from a paid plan to a free plan, Customer will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term. Check out our Help Center pages for more information about payment options. If we agree to invoice Customer by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.
Wallit’s Billing Policy
We believe customers should only pay for subscriptions that are actually used, so we offer Wallit’s Billing Policy. Certain exceptions and conditions may apply, as noted in the Services interface “check-out” or in an Order Form.
Any credits that may accrue to Customer’s account (for example, from a promotion or application of the Wallit’s Billing Policy), will expire following expiration or termination of the applicable Contract, will have no currency or exchange value, and will not be transferable or refundable. Credits accrued to a wellspace on a free subscription plan will expire if the wellspace’s plan is not upgraded to a paid plan within ninety (90) days of accrual, unless otherwise specified. For more information on credits, please see the Help Center.
Downgrade for Non-Payment
If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that its account is overdue. Notwithstanding the second paragraph of the “Providing the Services” section below, Customer acknowledges and agrees that a downgrade will result in a decrease in certain features and functionality and potential loss of access to Customer Data, as illustrated by comparing the plans in the Pricing Guide.
Providing the Services
We will (a) make the Services available to Customer and its Authorized Users as described in the Contract; and (b) not use or process Customer Data for any purpose without Customer’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Authorized Users and any processing related to such use or otherwise necessary for the performance of the Contract.
Be assured that (a) the Services will perform materially in accordance with our then-current Help Center pages; and (b) subject to the “Non-Wallit Products” and “Downgrade for Non-Payment” sections, we will not materially decrease the functionality of a Service during a subscription term. For any breach of a warranty in this section, Customer’s exclusive remedies are those described in the sections titled “Termination for Cause” and “Effect of Termination”.
Keeping the Services Available
As further described in our Help Center pages, for some of our Services, we also offer specific uptime commitments paired with credits, if we fall short. In those cases, the credits will serve as what the attorneys call liquidated damages and will be Customer’s sole remedy for the downtime and related inconvenience. For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide Customer with advance notice (e.g., through the Services), if we think it may exceed fifteen (15) continuous minutes.
Protecting Customer Data
The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of Customer Data by our personnel. Before sharing Customer Data with any of our third party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Customer Data and preventing unauthorized access. Customer (not us) bears sole responsibility for adequate security, protection and backup of Customer Data when in Customer’s or its representatives’ or agents’ possession or control. We are not responsible for what Customer’s Authorized Users or Non-Wallit Products do with Customer Data. That is Customer’s responsibility.
The Wallit Extended Family
We may leverage our employees, those of our corporate affiliates and third party contractors (the “Wallit Extended Family”) in exercising our rights and performing our obligations under the Contract. We will be responsible for the Wallit Extended Family’s compliance with our obligations under the Contract.
Ownership and Proprietary Rights
You own your Customer Data
Customer will own all Customer Data. Subject to the terms and conditions of the Contract, Customer (for itself and all of its Authorized Users) grants us and the Wallit Extended Family a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Data, and any Non-Wallit Products created by or for Customer, only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data from its Authorized Users as may be necessary to grant this license.
We own our Services
We own and will continue to own our Services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Authorized Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract and the User Terms. All of our rights not expressly granted by this license are hereby retained.
Term and Termination
As further described below, a free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions and all Order Forms.
Unless an Order Form says something different, (a) all subscriptions automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) year or the preceding term, whichever is shorter; and (b) the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.
Termination for Cause
We or Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of this Contract caused by its Authorized Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law.
Termination Without Cause
Customer may terminate its free subscriptions immediately without cause. We may also terminate Customer’s free subscriptions without cause, but we will provide Customer with thirty (30) days prior written notice.
Effect of Termination
Upon any termination for cause by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
Representations Disclaimer of Warranties
Customer represents and warrants that it has validly entered into the Contract and has the legal power to do so. Customer further represents and warrants that it is responsible for the conduct of its Authorized Users and their compliance with the terms of this Contract and the User Terms.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER CUSTOMER’S OR THE WALLIT EXTENDED FAMILY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT TERMS” SECTION ABOVE.
IN NO EVENT WILL EITHER CUSTOMER OR ANY MEMBER OF THE WALLIT EXTENDED FAMILY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Services support logins using two-factor authentication (“2FA”), which is known to reduce the risk of unauthorized use of or access to the Services. We therefore will not be responsible for any damages, losses or liability to Customer, Authorized Users, or anyone else if any event leading to such damages, losses or liability would have been prevented by the use of 2FA. Additionally, Customer is responsible for all login credentials, including usernames and passwords, for administrator accounts as well the accounts of your Authorized Users. We will not be responsible for any damages, losses or liability to Customer, Authorized Users, or anyone else, if such information is not kept confidential by Customer or its Authorized Users, or if such information is correctly provided by an unauthorized third party logging into and accessing the Services.
The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.
Our Indemnification of Customer
We will defend Customer from and against any and all third party claims, actions, suits, proceedings, and demands alleging that the use of the Services as permitted under the Contract infringes or misappropriates a third party’s intellectual property rights (a “Claim Against Customer”), and will indemnify Customer for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Customer in connection with or as a result of, and for amounts paid by Customer under a settlement we approve of in connection with, a Claim Against Customer; provided, however, that we will have no liability if a Claim Against Customer arises from (a) Customer Data or Non-Wallit Products; and (b) any modification, combination or development of the Services that is not performed by us, including in the use of any application programming interface (API). Customer must provide us with prompt written notice of any Claim Against Customer and allow us the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting our defense and settlement of such matter. This section states our sole liability with respect to, and Customer’s exclusive remedy against us and the Wallit Extended Family for, any Claim Against Customer.
Customer’s Indemnification of Us
Customer will defend Wallit and the members of the Wallit Extended Family (collectively, the “Wallit Indemnified Parties”) from and against any and all third party claims, actions, suits, proceedings, and demands arising from or related to Customer’s or any of its Authorized Users’ violation of the Contract or the User Terms (a “Claim Against Us”), and will indemnify the Wallit Indemnified Parties for all reasonable attorney’s fees incurred and damages and other costs finally awarded against a Wallit Indemnified Party in connection with or as a result of, and for amounts paid by a Wallit Indemnified Party under a settlement Customer approves of in connection with, a Claim Against Us. We must provide Customer with prompt written notice of any Claim Against Us and allow Customer the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting Customer’s defense and settlement of such matter. This section states your sole liability with respect to, and the Wallit Indemnified Parties’ exclusive remedy against Customer for, any Claim Against Us.
Limitations on Indemnifications
Notwithstanding anything contained in the two preceding sections, (a) an indemnified party will always be free to choose its own counsel if it pays for the cost of such counsel; and (b) no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions by the indemnified parties, (iii) the settlement does not include a full release of liability for the indemnified parties, or (iv) the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.
Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Contract, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including all Order Forms, as well as non-public business, product, technology and marketing information.Confidential Information of Customer includes Customer Data. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.
Protection and Use of Confidential Information
The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with the Contract; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of this Contract. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in the Contract.
Compelled Access or Disclosure
The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.
The sections titled “Feedback is Welcome,” “Non-Wallit Products,” “Our Removal Rights,” “Use of the Services,” “Payment Terms,” “Credits,” “The Wallit Extended Family,” “You own your Customer Data,” “We own our Services,” “Effect of Termination,” “Representations; Disclaimer of Warranties,” “Limitation of Liability,” “Our Indemnification of Customer,” “Customer’s Indemnification of Us,” “Limitations on Indemnifications,” “Confidentiality” and “Survival,” as well as all of the provisions under the general heading “General Provisions,” will survive any termination or expiration of the Contract.
Customer grants us the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time. We don’t want to list customers who don’t want to be listed, so Customer may send us an email to email@example.com stating that it does not wish to be used as a reference.
Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Relationship of the Parties; No Third Party Beneficiaries
The parties are independent contractors. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to the Contract.
Email and Wallit Messages
Except as otherwise set forth herein, all notices under the Contract will be by email, although we may instead choose to provide notice to Customer by telephone or notification services. Notices to Wallit will be sent to firstname.lastname@example.org, except for legal notices, such as notices of termination or an indemnifiable claim, which must be sent to email@example.com. Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.
As our business evolves, we may change these Customer Terms and the other components of the Contract (except any Order Forms). If we make a material change to the Contract, we will provide Customer with reasonable notice prior to the change taking effect, either by emailing the email address associated with Customer’s account or by messaging Customer through the Services. Customer can review the most current version of the Customer Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Customer (or any Authorized User) accesses or uses the Services after the effective date, that use will constitute Customer’s acceptance of any revised terms and conditions.
No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Contract will remain in effect.
Except with respect to the Wallit Extended Family, neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Contract in its entirety (including all Order Forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Customer will keep its billing and contact information current at all times by notifying Wallit of any changes. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party. In the event of such a termination by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, the Contract will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
Governing Law; Submission to Jurisdiction.
This Agreement is governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Maine. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Maine in each case located in the city of Portland and County of Cumberland, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
The Contract, including these Customer Terms and all referenced pages and Order Forms, if applicable, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Without limiting the foregoing, the Contract supersedes the terms of any online agreement electronically accepted by Customer or any Authorized Users. However, to the extent of any conflict or inconsistency between the provisions in these Customer Terms and any other documents or pages referenced in these Customer Terms, the following order of precedence will apply: (1) the terms of any Order Form (if any), (2) the Customer Terms and (3) any other documents or pages referenced in the Customer Terms. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order, vendor onboarding process or web portal, or any other Customer order documentation (excluding Order Forms) will be incorporated into or form any part of the Contract, and all such terms or conditions will be null and void.
User Terms of Service
ACCEPTANCE OF THE TERMS OF SERVICE
These Terms of Service (“Terms of Service”) are entered into by and between you and Wallit, Inc. (“Company”, “Wallit”, “we” or “us“). The following Terms govern your access to and use of (1) our website located at www.wallit.app and all of our other websites to which these Terms are posted (collectively, the “Website”); (2) Wallit’s Application and the Wallit.app (both the Application and application, collectively, the “Application“), including any content, functionality and services offered on or through Wallit.app, whether as a guest or a registered user.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Application.
ACCESSING THE APPLICATION AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to visitors, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Application.
- Ensuring that all persons who access the Application through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Wallit Account is personal to you and agree not to provide any other person with access to this Application or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Wallit Account at the end of each session. You should use particular caution when accessing your Wallit Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason if, in our opinion, you have violated any provision of these Terms of Service.
DESCRIPTION OF SERVICES
Wallit seeks to help you build a budget that helps you plan for upcoming bills, earn cash back rewards for your everyday spending, pay of your debt(s), and achieve your savings goals.
You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not. If you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account, you must notify us immediately.
Linking Your Payment Card
In order to receive rewards (“CASH BACK”) from us for qualifying purchases of goods or services, or for referring other users to download the Wallit application, you must connect at least one eligible checking account with linked debit card (a “Payment Card”) to your Account. Please note that not all debit cards are eligible to be linked to your Account. All determinations as to whether a card is eligible to be a Payment Card are at the Company’s sole discretion. For example, certain Visa, Mastercard, and American Express cards are not eligible to be linked to your Account, including, but not limited to, the following: prepaid cards, corporate cards, purchasing cards, store cards which can only be used at their respective retailers’ stores, government-administered prepaid cards (including Electronic Benefit (EBT) cards), healthcare cards (including Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, and insurance prepaid cards), and cards that are not connected to a checking account. In order to be eligible as a Payment Card, it must be issued by a U.S. bank and connected to a checking account.
Use of Enrolled Cards and Transaction Information
By registering a checking or savings account from a bank (“External Account”) along with a linked Payment Card in connection with transaction monitoring, you authorize: (a) us to share your payment information with the third-parties that enable us to provide the Services (“Third-Party Service Providers”); (b) us to monitor transactions on your linked Payment Card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your Payment Card; and (c) for the Third-Party Service Providers to share such transaction details with us to enable your card-linked offer(s) and target offers that may be of interest to you. You agree that the Company and Third-Party Service Providers may view your transactions made by you with participating merchants. You authorize participating merchants to provide the Company with historical transaction data.
Receiving CASH BACK
Subject to these Terms, we will automatically provide CASH BACK to you when you purchase qualifying goods or services with your Payment Card or perform other qualifying actions identified by us. The Company, in its sole discretion, establishes the terms and conditions for each qualifying purchase or action and determines whether you have satisfied such terms and conditions to receive CASH BACK. Such terms and conditions are set forth on the Website and the Application and may be updated, modified, suspended, or cancelled by the Company at any time in its sole discretion. All offers made available to you through the Wallit application are temporary and may become unavailable without notice. You may also have a limited, prescribed window of time to take advantage of an offer. Always check the Wallit application for offers available to you.
Not all qualifying purchases made with your Payment Card may be eligible for CASH BACK if we are unable to obtain certain transaction information from the Third-Party Service Providers associated with your Payment Card. For example, we may be unable to obtain certain transaction information from the Third-Party Service Providers (and you may therefore be unable to receive CASH BACK) for the following transactions made with your Payment Card: (i) payments made through other payment methods (such as a digital wallet or a third-party payment application, where you may choose your Payment Card as a funding source but you do not present your Payment Card directly to the merchant), or (ii) transactions that are not processed or submitted in connection with your External Account.
Without limiting any of the other terms of these Terms, if you return, charge back, cancel, dispute, or otherwise request a refund for a qualifying purchase for which you have already received CASH BACK, we will reduce the Wallit balance of CASH BACK in your Account by the amount of CASH BACK you received for such transaction. If the balance of CASH BACK in your Account is less than the amount of CASH BACK you received for such transaction, we will offset the applicable amount of CASH BACK from CASH BACK you would otherwise receive for future qualifying actions.
CASH BACK that you receive as a result of a qualifying purchase at a local merchant will generally be reflected in your Account within 1-7 Business Days after the date of purchase. CASH BACK that you receive as a result of a qualifying online purchase will be reflected in your Account after the return period for the purchase has expired and generally within 60-90 Business Days after the online purchase is completed. CASH BACK that you receive for a travel-related purchase will be reflected in your Account between 30-60 Business Days after check out. In some cases, it may take longer for CASH BACK to be reflected in your Account. For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays. If you do not automatically receive CASH BACK for purchasing qualifying goods or services with your Payment Card or for performing other qualifying actions as identified by us, you have thirty (30) days from the date of transaction if made in store or ninety (90) days from the date of transaction if made online to contact us, provide evidence of the purchase and request CASH BACK earned. Any requests for CASH BACK earned after these deadlines will not be honored and the CASH BACK associated with the transaction will be forfeited.
Without limiting any of the other conditions of these Terms, if we award CASH BACK to you in error (e.g., we later determine that you did not comply with the terms and conditions of a qualifying purchase or if you charge back a qualifying purchase), we reserve the right to remove the applicable CASH BACK from your Account. You are responsible for making sure the CASH BACK balance reflected in your Account is correct. If you believe that your Account does not accurately reflect CASH BACK that you are eligible to receive, please contact us.
CASH BACK will remain in your Account until we approve redemption of CASH BACK as described below.
Redeeming CASH BACK
Subject to these Terms and our approval, you may request that we redeem CASH BACK from your Account. Prior to redeeming CASH BACK, (i) you must verify an email address associated with your Account, (ii) you must connect an External Account to the Wallit application, (iii) CASH BACK may only be redeemed from your Account through the Website and the Application, and (iv) you must have completed an offer-qualifying transaction with a participating merchant or for performing other qualifying actions as identified by us. We will generally redeem CASH BACK from your Account and credit your designated U.S. bank account, or other payment method permitted by us and designated by you (“Redemption Method”) within 1-5 Business Day(s) of when we receive your redemption request. Credits to your bank account will be completed within 2-3 Business Days from when we receive the redemption request.
You are solely responsible for verifying the accuracy and completeness of any credits to your Redemption Method performed by us hereunder. You must notify us of any errors within 15 days of such information being made available to you. If you do not notify us of any such errors within such 15 days, you will forfeit the right to contest a transaction, except to the extent such forfeiture is prohibited by applicable law.
Certain limits may apply to your redemption of CASH BACK. For example, unless otherwise permitted by us, you may only redeem CASH BACK up to the equivalent of $500 in any day. Without limiting any of the other conditions of these Terms, we may modify the redemption terms for CASH BACK at any time in our sole discretion.
All amounts paid to you hereunder are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes. You agree to promptly and fully reimburse and indemnify us for any taxes, penalties, and interest assessed by any taxing authority regarding amounts owed by you in connection with these Terms.
Depending on applicable tax laws, your receipt of rewards may be subject to reporting to certain tax authorities. In accordance with such laws, we may be required to send to you and file certain forms with tax authorities, such as the IRS Form 1099-MISC (Miscellaneous Income), for any year in which rewards are issued to you. If we request information from you in order to complete a required tax form, and you fail to provide the requisite information, you will be prohibited from redeeming CASH BACK from your Account until we receive the required information.
Additional Terms, Representations, and Requirements
You acknowledge and agree that: (i) the Company, in its sole discretion, may impose limits, terms, and conditions on CASH BACK, including, but not limited to, limits on the amount of CASH BACK that may be received and redeemed, and may adjust the CASH BACK balance in your Account; (ii) the Company is not a financial institution and do not provide banking or payment processing services; (iii) no consideration or other value is or has been given in exchange for CASH BACK; (iv) the Company is not a party to your Payment Card transactions; and (v) the Company is not responsible, and has no liability for, any products or services that are paid for with your Payment Card. You must resolve all disputes related to any products or services that are paid for with your Payment Card directly with the applicable merchant and/or the financial institution that issued your Payment Card.
You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute CASH BACK, except as expressly permitted by us and subject to applicable law. Any disposition or attempted disposition of CASH BACK in violation of these Terms will be void and will result in immediate termination of your Account. We do not recognize or condone any third-party service that may be used to sell, exchange, transfer, or otherwise dispose of CASH BACK, and we do not assume any responsibility for, and will not support, such transactions.
In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity. In order to redeem CASH BACK through the Services, you must provide such other information and documents as requested by us to verify your identity and compliance with these Terms, including, but not limited to, your representations and warranties herein. For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation for purposes of verifying your identity and your Payment Card and Redemption Account information.
SEGMENTED OFFERS; RIGHT TO TEST
Not all users will receive all offers. Offer availability will fluctuate based on a variety of factors such as geographical location, transactional history, transactional trends, and Account tenure (“Best Match”). Offer appearance and offer amount may also vary depending on your transactional history, transactional trends, and Account tenure. We reserve the right to apply various search algorithms or to use methods to optimize Best Match results for particular users’ experiences. Search results and order may appear different on the Company’s mobile application than they appear on its website. To optimize the experience for both merchants and users, the Company retains the right to run occasional tests that will be limited in duration but may alter how offers are displayed.
RESTRICTIONS ON USE; GIFT CARDS
Without limiting any of the other conditions of these Terms and except as otherwise expressly permitted by us, you may not: (a) access or use any part of the Services for any commercial purpose; (b) access or use the Services for any illegal purpose; (c) attempt to gain unauthorized access to any other user’s Account; (d) modify or attempt to modify or in any way tamper with the Services; (e) access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or (f) interfere with or disrupt networks connected to the Services or violate the regulations, policies, or procedures of such networks.
If the Company, in its sole discretion, believes that you are purchasing gift cards at a volume or denomination that is intended to abuse the Services or that appears to be consistent with manufactured spending, the Company retains the right to suspend and/or terminate your Account and claw back any CASH BACK received as a result of the gift card abuse.
By providing your payment account information, including Payment Card and Redemption Method information, to us, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments from, and accept payments to, the payment account; and (c) such action does not violate the terms and conditions applicable to your use of such payment account or applicable law. When you authorize a payment in connection with the Services, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the designated payment method.
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services. The Services may include content provided by third parties, including content provided by other users of the Services. All statements and/or opinions expressed in such content (other than the content provided by the Company) are solely the opinions and the responsibility of the provider of the content and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content provided by any third party.
THIRD-PARTY SERVICES AND LINKS
The Services may contain links to third-party websites, applications, and services that are not owned or operated by us. The Services may also facilitate your purchase of third-party products and services, such as the Travel Services. We do not control, and are not responsible for, the Travel Services or any other third-party products, services, websites, or applications (collectively, “Third-Party Services”) or the Third-Party Suppliers or any other providers or sellers of Third-Party Services. Separate terms and conditions apply to Third-Party Services. You should read those terms and conditions carefully before accessing or purchasing any Third-Party Services. You are, among other things, responsible for all charges, fees, duties, taxes, and assessments in connection with your purchase of any Third-Party Services through the Services, except as otherwise provided by applicable law. You must resolve all disputes related to Third-Party Services with the applicable third party that provides and/or sells the Third-Party Services.
SUSPENSION AND TERMINATION
We may, in our sole discretion, suspend, limit, or terminate your Account and your access to and use of the Services, including the CASH BACK balance in your Account, at any time for any reason, without notice or liability to you, including, but not limited to, if we suspect that your access to or use of the Services violates these Terms or applicable law. You may stop using the Services and terminate your Account at any time by contacting us. Upon the termination of your Account, you must cease all use of the Services, and you shall forfeit any CASH BACK balance remaining in your Account. Termination of your Account and your access to and use of the Services will not affect any of our rights or your obligations arising under these Terms prior to such termination. In the event you or Wallit terminates your Account, you agree that we may retain your data, including personal and transaction information, for one year from the date of termination for audit and merchant invoicing purposes. Provisions of these Terms that, by their nature, should survive termination of your Account and your access to and use of the Services will survive such termination.
CLOSING YOUR ACCOUNT
You may close your Wallit Account and terminate your relationship with the Company without cost. Any funds remaining in the Account at closing will be transferred to the External Account indicated by you upon closing.
INTELLECTUAL PROPERTY RIGHTS
The Application and the entirety contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Application, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Application for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Service, your right to use the Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Application are the trademarks of their respective owners.
You may use the Application only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Application:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, and any laws regarding the restriction of money transfers to sanctions listed entities).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.
Additionally, you agree not to:
- Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
- Use any “robot”, “spider” or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
- Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Application.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
- Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Application.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to keep on the Application any content you upload to your Wallit Account for any or no reason in our sole discretion.
- Take any action with respect to any content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
- Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms of Service.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review material before it is posted on the Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all information you provide (collectively, the “Information”) in connection with your use of the Application, your Wallit Account, the Company’s Services, or in the course of your interactions us, other Wallit Account holders, including, but not limited to third parties. The Information must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Information must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion,
- nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Include identifiable information of Minors.
- Include identifiable information of any person other than you.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.
This Application [may include/includes] content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE APPLICATION
We may update the content on this Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE APPLICATION
LINKING TO THE APPLICATION AND SOCIAL MEDIA FEATURES
The Company is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, the Company has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other visitor of Wallit.app, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Wallit.app represents the opinions and judgments of the respective information provider, User, or other visitor not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Wallit.app by anyone other than authorized the Company’s employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a User’s reliance on information obtained through Wallit.app. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Company. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Application may provide certain social media features that enable you to:
- Link from your own or certain third-party Applications to certain content on this Application.
- Send e-mails or other communications with certain content, or links to certain content, on this Application.
- Cause limited portions of content on this Application to be displayed or appear to be displayed on your own or certain third-party Applications.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Application or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Application other than the homepage.
- Otherwise take any action with respect to the materials on this Application that is inconsistent with any other provision of these Terms of Service.
- The Application from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE APPLICATION
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Applications linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such Applications.
The Company, the owner of the Application, is based in the State of Maine and incorporated in the State of Delaware in the United States. We provide this Application for use only by persons located in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.
YOUR USE OF THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Application.
GOVERNING LAW AND JURISDICTION
All matters relating to the Application and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maine in each case located in the City of Portland and County of Cumberland although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dwolla Verified Customer Record/Customer Record Language
Receive Only Language
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service or the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maine law.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
YOUR COMMENTS AND QUESTIONS
This Application is operated by Wallit, located at 90 Bridge St., Suite 300, Westbrook, Maine 04092.
All other feedback, comments, requests for technical support and other communications relating to the Application should be directed to firstname.lastname@example.org.
Effective Date: May 1, 2023
Your use of Wallit’s Services is always governed by our Customer Terms, and any undefined terms in this Policy are defined in the Customer Terms.
Table of Contents
- Personal Data
- How We Share Your Personal Data
- Tracking Tools, Advertising and Opt-Out
- Data Security
- Data Retention
- Personal Data of Children
- California Resident Rights
- Virginia Resident Rights
- Exercising Your Rights under CCPA and VCDPA
- Other State Law Privacy Rights
- European Union and United Kingdom Data Subject Rights
- Contact Information
Categories of Personal Data We Collect
This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
|Category of Personal Data||Examples of Personal Data We Collect||Data Sharing Parties|
|Profile or Contact Data||
|Photos & Images||
|Other Identifying Info||
Categories of Sources of Personal Data:
Directly from You:
- When you provide information to us.
- When you create an account or use our interactive tools and Services.
- When you voluntarily input data in text boxes, surveys, or questionnaires.
- When you contact us via email or other means.
- When you use our Services, certain information is collected automatically.
- Through Cookies (defined in the “Tracking Tools, Advertising, and Opt-Out” section below).
If you use a location-enabled browser, we may collect location information.
Applications and Software:
When you download and install our applications or software, we may receive data from your device to provide relevant Services, such as login status and updates.
Your Business Relationships:
We may receive information from third parties you are affiliated with, such as your employer.
Payment Processing Partners:
This includes entities that share information about your purchases related to our services and collaborate with us on reimbursements. Examples include:
- Your bank or financial institution.
Image Collection and Data Security:
Image Collection and Usage
- We are committed to enhancing the user experience, including features like profile photos and images associated with savings goals.
- These images enrich platform engagement, personalize user accounts, and visually track progress.
- Users maintain full control and can delete these images at any time.
- Securing user data and images is our utmost priority.
- We employ industry-standard security measures to safeguard all stored images from unauthorized access, loss, or tampering.
- Robust encryption methods, access controls, and restricted access ensure only authorized personnel handle these images.
- Images are never shared with unrelated third parties or used for purposes other than their intended ones.
Collecting or Sharing Personal Data for Commercial or Business Purposes
Providing, Customizing and Improving the Services
- Creating and managing your account or other user profiles.
- Delivering the requested products, services, or information to you.
- Fulfilling the purpose for which you provided us with your information.
- Providing support and assistance for the Services.
- Improving Services, including testing, research, internal analytics and product development.
- Personalizing Services, website content and communications to align with your preferences.
- Conducting fraud protection, security, and debugging activities.
- Fulfilling additional business objectives outlined during your Personal Data collection, in compliance with relevant data privacy regulations, including the California Consumer Privacy Act (“CCPA”) and its 2020 amendment, as applicable.
Marketing the Services
- Marketing and selling the Services.
- Displaying advertisements, including those based on your interests or online behavior.
Managing Your Communication Preferences
- Handling your correspondence, contacting you as needed or requested, and sharing information about Wallit or the Services.
- Sending emails and communications based on your preferences or featuring content we believe will interest you.
Meeting Legal Requirements and Enforcing Legal Terms
- Meeting our legal obligations under relevant laws, regulations, court orders, or legal processes, including the prevention, detection, and investigation of security incidents and potential illegal or prohibited activities.
- Safeguarding the rights, property, or safety of you, Wallit, or any other party.
- Enforcing agreements with you.
- Addressing claims of third-party rights violations related to postings or other content.
- Resolving disputes.
Please note: We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without prior notice.
How We Share Your Personal Data
We may disclose your Personal Data with the service providers and other parties mentioned in this section. Please note that in certain states, some of these sharing actions may be considered a “sale” of your Personal Data. For additional details, consult the state-specific sections below.
- Service Providers: These entities assist us in delivering the Services or conducting business operations on our behalf, including hosting, technology, and communication providers, security and fraud prevention consultants, and support and customer service vendors.
- Advertising Partners: These groups aid us in promoting our services and delivering additional offers that may align with your interests, including ad networks and marketing providers.
- Analytics Partners: These groups provide analytics on web traffic or usage of the Services, including companies that track how users found or were referred to the Services, companies that track how users interact with the Services, and companies to help track and analyze your payment transactions in order to provide you with the Services.
- Business Partners: These entities partner with us in offering various services, including businesses that you have a relationship with, such as your employer, and companies that we partner with to offer joint promotional offers or opportunities.
- Parties You Authorize, Access, or Authenticate: Third parties you access through the services.
We may disclose any Personal Data we collect to third parties as part of the actions described in the “Meeting Legal Requirements and Enforcing Legal Terms” subsection within the “Business Purposes for Personal Data Collection and Disclosure” section above.
All the Personal Data we collect may be transferred to a third party in the event of a merger, acquisition, bankruptcy, or other transaction where that third party takes control of our business, either wholly or partially. If such an event occurs, we will make reasonable attempts to inform you before your information becomes subject to new privacy and security policies and practices.
Data that is Not Personal Data
We may generate aggregated, de-identified, or anonymized data from the Personal Data we gather, which involves removing details that could identify individual users. This information may be employed for legitimate business purposes, such as producing statistics about our user base or business, evaluating and enhancing our services, marketing our services, and other legitimate business purposes.
Tracking Tools, Advertising and Opt-Out
We use the following types of Cookies:
- Essential Cookies: These Cookies are necessary to provide you with requested features or services. For instance, specific Cookies allow you to access secure sections of our Services. Disabling these Cookies could result in the unavailability of certain features and services.
- Functional Cookies: These Cookies store your preferences and settings related to our Services, retaining them over time and recognizing you upon your return to our Services. They enable us to personalize our content for you, address you by name, and remember your preferences, such as language or region choices.
- Retargeting/Advertising Cookies: These Cookies gather information on your online activities and discern your interests to enable us to deliver advertising that we think aligns with your preferences. For further details, please refer to the section below labeled “Information about Interest-Based Advertisements.”
You have the choice to enable or disable Cookies by adjusting your internet browser’s settings. Typically, most browsers offer an option to disable Cookies, which will prevent your browser from accepting new Cookies and may provide you with various options for handling new Cookies. You can also remove all Cookies already stored on your device. However, please note that if you choose to disable Cookies, you may need to manually configure certain preferences each time you visit our website, and some of our Services and functionalities may not operate correctly.
To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings by clicking here. For comprehensive information about Cookies, including guidance on managing and deleting them, please visit http://www.allaboutcookies.org/. If you are located in the European Union, you can also refer to https://ico.org.uk/for-the-public/online/cookies/ for further details.
Information about Interest-Based Advertisements:
Users in the European Union should visit the European Interactive Digital Advertising Alliance’s user information website http://www.youronlinechoices.eu/.
Session Replay Technology:
We use session replay technology to address customer concerns, analyze your usage of our Services, gain insights into user behavior, and enhance our Services. By continuing to use the Services, you consent to the use of session replay technology.
We aim to safeguard your Personal Data against unauthorized access, use, and disclosure through suitable physical, technical, organizational, and administrative security measures, tailored to the type and processing of the data. To enhance data security, please take steps such as choosing and safeguarding your password or sign-on method, restricting access to your device and browser, and logging out after using your account. While we diligently work to protect your account and stored data, it’s important to note that no method of data transmission or storage over the internet is entirely secure.
We retain your Personal Data for as long as it’s needed to provide our Services or fulfill our business purposes for collecting your Personal Data. Our retention periods are determined based on factors such as the source of the data, our purpose for collecting it, and the data’s sensitivity. In some cases, we retain Personal Data for a longer period to meet legal requirements, settle disputes, collect owed fees, or comply with applicable laws, rules, or regulations. Additionally, we may retain information in an anonymous or aggregated form that doesn’t identify you personally.
Here are some specific examples of our data retention practices:
- We retain your Commercial Data regarding Eligible Expenses for a minimum of 24 months to comply with legal obligations.
- Your payment data is retained for the duration necessary to process your purchase or subscription.
- Device/IP data is retained to ensure the proper functioning, effectiveness, and efficiency of our systems for as long as required.
Personal Data of Children
As outlined in our Customer Terms, we do not intentionally gather or request Personal Data from individuals under the age of 16. If you are under 16 years old, please refrain from attempting to register for or utilize our Services or share any Personal Data with us. Should we discover that we have unintentionally collected Personal Data from a child under 16, we will promptly delete that information. If you suspect that a child under 16 has provided us with Personal Data, please contact us at email@example.com.
California Resident Rights
If you are a California resident, you possess specific rights detailed in this section. For guidance on how to exercise these rights, please refer to the “Exercising Your Rights” section below. It’s important to note that in some cases, we may process Personal Data belonging to our customers’ end users or employees as part of our service provision to those customers. If we are handling your Personal Data in a service provider capacity, we recommend you initially contact the entity that initially collected your Personal Data to address your rights concerning such data.
You have the right to request specific details about our collection and utilization of your Personal Data within the past 12 months. In response to your request, we will furnish the following information:
- The categories of Personal Data we have gathered about you.
- The sources from which we acquired that Personal Data.
- The business or commercial rationale behind collecting or sharing your Personal Data.
- The categories of third parties with whom we have exchanged your Personal Data.
- The precise pieces of Personal Data we have amassed about you.
If we have shared your Personal Data with any third parties for a business purpose during the past 12 months, we will specify the categories of Personal Data shared with each category of third-party recipient. Likewise, if we have sold your Personal Data during the past 12 months, we will specify the categories of Personal Data sold to each category of third-party recipient.
You have the right to request the deletion of the Personal Data we have gathered about you. However, please note that under the CCPA, this right is subject to certain exceptions. For instance, we may need to retain your Personal Data to fulfill your service requests, complete transactions, or if deleting your Personal Data would require a disproportionate effort. If your deletion request falls within one of these exceptions, we may need to deny your request for deletion.
You have the right to request the correction of any inaccurate Personal Data we have collected about you. However, please be aware that under the CCPA, this right is subject to certain exceptions. For instance, if we determine, based on a comprehensive assessment of the circumstances surrounding your Personal Data, that the data is accurate, we may deny your correction request.
Processing of Sensitive Personal Information Opt-Out
Consumers have certain rights over the processing of their sensitive information. However, we do not collect sensitive categories of personal information.
Opting In and Out of Sharing and Sale of Data
In this section, we use the terms “sell” and “share” in accordance with their definitions in the CCPA, which encompass the disclosure of personal information for cross-contextual behavioral advertising purposes.
As detailed in the “Tracking Tools, Advertising, and Opt-Out” section above, we have integrated Cookies from specific third parties into our Services. Some of these Cookies enable these third parties to obtain information about your interactions on our Services linked to your browser or device, with the aim of cross-contextual behavioral advertising. In essence, these third parties may use this data to display relevant ads to you on our Services or other websites you visit. According to the CCPA, the sharing of your data via third-party Cookies for online advertising may fall under the categories of “sale” or “sharing” of information. You can opt out of these sales or shares by following the instructions in this section.
We may sell or share your Personal Data to the following categories of third parties:
- Ad Networks
- Marketing providers
In the past 12 months, we may have sold or shared the following categories of your Personal Data with the previously mentioned categories of third parties:
- Device/IP Data
- Web Analytics
- Geolocation Data
We may have engaged in the sale or sharing of the aforementioned categories of Personal Data for the following business or commercial purposes:
- Marketing and selling the Services.
- Displaying advertisements, including interest-based or online behavioral advertising.
You have the right to opt-out of the sale or sharing of your Personal Data. You can do so by using the following methods:
- Adjusting your Cookie management settings by clicking here.
- Enabling the Global Privacy Control or a similar control legally recognized by a government agency or industry standard, in compliance with the CCPA. The signal generated by the control should be initiated by your browser and applies to the specific device and browser you are using at the time you send the signal. Please note that this does not include Do Not Track signals.
After you’ve submitted an opt-out request, we will refrain from seeking your authorization for the sale or sharing of your Personal Data for a minimum of 12 months.
To the best of our knowledge, we do not sell or share the Personal Data of minors under 16 years of age.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not engage in any form of discrimination against you for exercising your rights under the CCPA. This means we will not deny you access to our goods or services, apply different prices or rates, or offer a lower quality of goods and services if you choose to exercise your CCPA rights. However, it’s worth noting that we may provide different service tiers in accordance with applicable data privacy laws, including the CCPA, which may involve varying prices, rates, or levels of service quality based on the value of the Personal Data we receive from you.
Virginia Resident Rights
If you are a Virginia resident, you have rights under the Virginia Consumer Data Protection Act (“VCDPA”). Please refer to the “Exercising Your Rights” section below for guidance on how to exercise these rights. It’s important to note that we may process the Personal Data of our customers’ end users or employees as part of our services to our customers. If we are processing your Personal Data as a service provider, we recommend reaching out to the entity that originally collected your Personal Data to address your rights regarding such data.
Additionally, please be aware that these rights are subject to certain conditions and exceptions as outlined by applicable law, which may allow or require us to deny your request.
You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.
You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.
You have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.
You have the right to delete your Personal Data.
Opt-Out of Certain Processing Activities
- You have the right to opt-out of the processing of your Personal Data for targeted advertising purposes, as we process your Personal Data for these purposes. To exercise this right, you can access your Cookie management settings by clicking here.
- You also have the right to opt-out of the sale of your Personal Data. As explained in the “Personal Data Sales Opt-Out and Opt-In” and “Personal Data Sharing Opt-Out and Opt-In” sections under the “California Resident Rights,” certain data sharing arrangements may qualify as a “sale” under the Virginia Consumer Data Protection Act (“VCDPA”).
- Additionally, if applicable, you have the right to opt-out of the processing of your Personal Data for the purposes of profiling that leads to legal or similarly significant decisions affecting you.
Appealing a Denial
If we do not take action on your request within a reasonable timeframe after receiving it in accordance with this section, you have the option to appeal our decision. To initiate an appeal, you must:
- Provide adequate information for us to verify your identity as the individual to whom the original request pertains and to identify the original request.
- Include a description of the basis for your appeal.
Please be aware that your appeal will be subject to your rights and responsibilities under the VCDPA. We will respond to your appeal within 60 days of receiving it. If your appeal is denied, you have the right to contact the Virginia Attorney General using the methods outlined at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.
You may appeal a decision by us by emailing us at firstname.lastname@example.org (title must include “VCDPA Appeal”).
Exercising Your Rights under CCPA and VCDPA
- Provide adequate information for us to verify your identity, which may include login credentials.
- Describe your request in enough detail for us to comprehend, evaluate, and address it.
Requests meeting both criteria are considered “Valid Requests.” Requests that do not meet these criteria may not receive a response. We will solely utilize the Personal Data provided in a Valid Request to verify your identity and fulfill your request. You do not need an account to submit a Valid Request.
We will endeavor to respond to your Valid Request within the timeframe mandated by applicable law. We will not impose a fee for Valid Requests unless they are excessive, repetitive, or clearly unfounded. If we determine that a fee is warranted for your Valid Request, we will notify you of the fee and provide an explanation before proceeding with your request.
You may submit a Valid Request using the following methods:
- Email us at: email@example.com
- Write to us at: 90 Bridge Street, Suite 300, Westbrook, ME 04092
If you are a California resident, you have the option to appoint an agent (referred to as an “Authorized Agent”) to act on your behalf in exercising your rights. To designate an Authorized Agent, you must grant written permission for them to exercise your rights on your behalf. We may also request a copy of this written permission from your Authorized Agent when they submit a request on your behalf.
Other State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
European Union and United Kingdom Data Subject Rights
EU and UK Residents
If you are a resident of the European Union (EU), United Kingdom (UK), Lichtenstein, Norway, or Iceland, you may have additional rights concerning your Personal Data under the EU or UK General Data Protection Regulation (GDPR). We use the terms “Personal Data” and “processing” as defined in the GDPR. “Personal Data” typically refers to information that can individually identify a person, and “processing” encompasses actions related to data, such as collection, use, storage, and disclosure. Wallit serves as the controller for your Personal Data processed in connection with the Services.
Personal Data We Collect
The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.
Personal Data Use and Processing Grounds
The “Business Purposes for Personal Data Collection and Disclosure” section above explains how we use your Personal Data.
We will only process your Personal Data if we have a lawful basis for doing so. These lawful bases for processing include:
- Contractual Necessity: We process specific categories of Personal Data as a matter of “contractual necessity.” This means that we require this data to fulfill our obligations under our Customer Terms with you, enabling us to provide you with the Services. Failure to provide such Personal Data will result in your inability to use some or all portions of the Services that rely on this data. The categories of data processed under contractual necessity include Profile or Contact Data, Payment Data, Commercial Data, Professional or Employment-Related Data.
- Legitimate Interest: We process specific categories of Personal Data when we believe it serves our legitimate interests or the legitimate interests of third parties. The categories of data processed under legitimate interest encompass Profile or Contact Data, Payment Data, Commercial Data, Device/IP Data, Web Analytics, Professional or Employment-Related Data, Geolocation Data, Photos, and Other Identifying Information that You Voluntarily Choose to Provide. We may also de-identify or anonymize Personal Data to further our legitimate interests. Examples of these legitimate interests include providing, customizing, and improving the Services; marketing the Services; corresponding with you; meeting legal requirements and enforcing legal terms; and completing corporate transactions.
- Consent: In some instances, we process Personal Data based on the consent you explicitly grant to us at the time we collect such data. When we process Personal Data based on your consent, this will be expressly indicated to you at the point and time of collection.
- Other Processing Grounds: On occasion, we may need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is required for a task carried out in the public interest.
These are the lawful bases upon which we process Personal Data, and the specific basis used will depend on the circumstances surrounding the data processing.
Sharing Personal Data
The “How Information Is Shared and With Whom” section above details how we share your Personal Data with third parties.
EU Data Subject Rights
You have certain rights concerning your Personal Data, including those outlined below. For more details about these rights or to submit a request, please contact us at firstname.lastname@example.org. Please be aware that in certain situations, we may not be able to fully fulfill your request, such as when it is frivolous or highly impractical, endangers the rights of others, or is not mandated by law. However, even in such cases, we will still provide a response to inform you of our decision. On occasion, we may require additional information from you, potentially including Personal Data, to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Data we hold about you and obtain a copy of this Personal Data. Certain Personal Data can also be accessed by logging into your account.
- Rectification: If you believe any of the Personal Data we have about you is inaccurate or incomplete, you can request that we correct or supplement it. Some of this information can be corrected directly by accessing your account.
- Erasure: You can request the deletion of some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of data collection), you have the right to withdraw your consent at any time. However, please note that if you exercise this right, you may need to provide express consent on a case-by-case basis for the use or disclosure of certain Personal Data if it is necessary to enable you to use some or all of our Services.
- Portability: You can request a copy of your Personal Data in a machine-readable format and ask us to transmit this data to another controller where technically feasible.
- Objection: You can inform us of your objection to the further use or disclosure of your Personal Data for certain purposes, such as direct marketing.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Compliant: You have the right to lodge a complaint about Wallit’s practices regarding your Personal Data with the supervisory authority in your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en
Transfers of Personal Data
The Services are hosted and operated in the United States (U.S.) by Wallit and its service providers. If you are not a resident of the U.S., please be aware that U.S. laws may differ from the laws in your country of residence. By using the Services, you acknowledge that any Personal Data about you, whether provided by you or obtained from a third party, is being provided to Wallit in the U.S. and will be stored on U.S. servers. You authorize Wallit to transfer, store, and process your information in the U.S. and potentially in other countries. In certain situations, the transfer of your Personal Data to the U.S. may be conducted under a data processing agreement that incorporates standard data protection clauses.