Effective Date: September 26, 2019

 

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 Wallit’s website and the Wallit.app (both the website and application, collectively, the “Website“), including any content, functionality and services offered on or through Wallit.app, whether as a guest or a registered user.

 

Please read these Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at http://www.wallit.app/disclosures, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website. For avoidance of doubt, references to “you” or “your” herein with respect to any obligation, representation, consent, or action creates an obligation, representation, consent, or action with respect to a Parent User (as defined herein) for any actions taken by, or the Company’s actions with respect to, such Parent User and any Kid User (defined herein) linked to such Parent User’s Wallit account (a “Wallit Account”).

 

PERSONAL INFORMATION

We comply with the Children’s Online Privacy Act of 1998, as amended (“COPPA”). Because the Website is intended for use by all members of a family and a predominate goal of the Company is to educate children and provide them with the independence to become financially responsible individuals, Users under thirteen (13) years of age (“Minors”) may use this Website with parental consent. The Company may collect personal information about Minors from users of sufficient legal age that are authorized to provide such information about the Minor. Except for purposes of requesting parental consent, the Company does not intentionally collect Personal Information from Minors without prior parental consent.

 

For more information on what information we collect and how we handle that information and other Users’ information, please see our Privacy Policy.

 

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 Website 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 Website.

 

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you and any Kid User that you link to your Wallit Account.

 

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to visitors, including registered users.

 

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. By using the Website as a parent or guardian, you further agree, represent, and warrant that you have sufficient legal authority to act on behalf of and represent any children you have invited to join your Wallit Account.

 

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 Website 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

Through the Website, the Company provides users with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Website properties, are subject to these Terms of Service and our Privacy Policy.

 

The Company is a digital wallet and allowance platform that enables parents to provide monetary compensation (“Allowance”) to children for assigned tasks and chores (“Tasks”), allows both children and parents to monitor a child’s completion of tasks and financial performance, and teach children responsible personal finance skills and the benefits of responsible earning, saving, spending and giving. The Company does so by: (a) partnering with community banks and credit unions to provide banking services; (b) providing a web application that enables a “parent” user (herein referred to as a “Parent” or “Parent User”) to create and assign tasks to “kid” users (herein referred to as a “Kid” or “Kid User”). The Kid User completes Tasks assigned to them by the Parent User and provides verification of completed Tasks. The Website application notifies Kids when Tasks are due and provides to Kids the ability to upload a picture or video to prove that they have completed the assigned Task. Upon Task completion, Parent Users may approve or reject each Task. Based on the performance of the Kid Users over the course of the allowance period (either weekly or monthly), Parent Users may compensate the Kid User by transferring money from their Wallit Account (“Parent’s Wallit Account”) to the Kid User’s Wallit Account (“Kid’s Wallit Account”). Kids in turn may choose to withdraw their allowance to a checking or savings account in the Kid User’s name, redeem their allowance for gift cards, or donate their allowance to a charitable organization.

 

RADIUS BANK AND PLAID

Any funds held in the Parent’s Wallit account (the “Parent Account”) are held by Radius Security Corporation, d/b/a Radius Bank (“Radius Bank”). You authorize us to share your identity and account data with Radius Bank for the purposes of opening and supporting your Parent Account, and you are responsible for the accuracy and completeness of that data. See our Privacy Policy for more information on how we handle sensitive information.

 

To link a checking or savings account from a bank (“External Account”) to your Wallit Account you will be asked to verify your ownership of the External Account(s). We will present you with a module operated by Plaid Inc. (“Plaid”), a financial information and identification service, to verify your External Account ownership. When you are prompted for personal information, including banking information, to link your External Account, this information is being delivered directly to Plaid. The information you provide in this module is not held, stored, or otherwise interacted with by the Company, and you represent that any and all information you provide is accurate. Because Plaid has its own contractual rules governing use of its services, you must accept Plaid’s Terms of Service and Privacy Policy before verifying the External Accounts.

 

KID’S WALLIT ACCOUNT

In order to use the Tasks and Allowance functionality of the Website and Services, and subsequently in order to purchase gift cards and retrieve funds earned via their Allowance through Parent Users via the Website, Kid Users will have an entry in the Company’s general ledger (the “General Ledger”) for Allowance they have earned or funds they have been given by the Parent User. All funds earned by your child as recorded by the General Ledger legally belong to you, the Parent, so long as they remain in the Parent Account. As a Parent User, you may at any point withdraw funds you have transferred to your child’s Kid’s Wallit Account, which remain on the General Ledger, to your Parent Wallit Account or to your External Account(s).

 

When Parent Users create an Wallit Account and configure Wallit for their family, they will have the option to designate a linked External Account as a shared account that their child has the ability to transfer funds to and from (“Shared Account”). While using the Website, Kid Users have the following abilities to transfer funds using this Shared Account:

• Withdraw funds from the Kid’s Wallit Account (which causes the money to be taken out of the Parent’s Account) and transfer to the Shared Account, subject to the Kid User’s balance in the General Ledger; or
• Transfer funds from the Shared Account to the Kid’s Wallit Account (which causes the money to be transferred into the Parent Account), subject to the balance on that External Account

 

For any and all balances a Kid User has accrued into the Kid’s Wallit Account through use of the Website and Services, they may also:

• Use funds in the Kid’s Wallit Account (which causes the money to be taken out of the Parent Account) to purchase gift cards from the Company’s gift card service provider Tango Card, Inc. (“Tango”), subject to the Kid’s Wallit Account balance in the General Ledger; all gift card purchases are subject to the Tango Card Terms of Service and Privacy Policy
• Use funds in the Kid’s Wallit Account (which causes the money to be taken out of the Parent Account) to donate to registered 501(c)(3) organizations that are supported through the Company’s services, subject to the Kid’s Wallit Account balance in the General Ledger. Be aware of the following regarding donations to 501(c)(3) organizations:
  • The donations will not include the name of the Kid or Parent as the donor.
  • The Company will not request from the 501(c)(3) organization, nor provide to the Kid or Parent, a donation acknowledgment letter for the donation.
  • The Company makes no representations regarding the ability to claim the donation by the Kid or Parent for tax purposes.

 

It is important for the Parent to understand, and to discuss with their Kids, that all funds shown on the General Ledger, regardless of whether they appear as a balance in the Parent’s Wallit Account or the Kid’s Wallit Account, are owned by the Parent. As such, the Kid has no right to the funds shown on the Kid’s Wallit Account.

 

You as the Parent, owner of External Accounts, and provider of consent to the Company’s Terms of Service are ultimately responsible for all transfers initiated by your Kid on an External Account designated as a Shared Account while using the Website. All transfers initiated by your Kid that have impact on the Parent Account in your, the Parent’s, name are subject to the Kid User’s balance in the General Ledger, but are done in your name. You represent that any transfer initiated by your child has your full consent and knowledge.

 

CLOSING YOUR ACCOUNT

You may close your Wallit Account and your Kid’s Wallit Account, separately or collectively, and terminate your relationship with the Company without cost. Closing a Kid’s Wallit Account will not automatically close the Parent’s Wallit Account. If the Parent Wallit Account is closed, any Kid’s Wallit Account that is linked to the Parent’s Wallit Account will automatically be closed except to the extent it is linked to another Parent’s Wallit Account. Any funds remaining in the Parent Account at closing will be transferred to the External Account indicated by the Parent upon closing.

 

SPONSORING BANK

The Company partners with various banking institutions (each, a “Sponsoring Bank”) to provide the Services. You may choose to use the Website and its Services by opening your Wallit Account through a Sponsoring Bank or you may choose to link your Wallit Account with a Sponsoring Bank after Wallit Account-creation. By opening your Wallit Account through a Sponsoring Bank, you authorize the Company to share any of your information with the Sponsoring Bank through which you open your Wallit Account. Because each Sponsoring Bank has its own contractual rules governing use of its services, you must accept the Sponsoring Bank’s Terms of Service and Privacy Policy before using its services. If you are opening an Wallit Account through a Sponsoring Bank or your Wallit Account is otherwise linked with a Sponsoring Bank, the specific Sponsoring Bank and a link to its Privacy Policy and Terms of Service can be found at partnerbank.wallit.app/privacy-policy and partnerbank.wallit.app/terms-of-service, respectively.

INTELLECTUAL PROPERTY RIGHTS

The Website 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 Website 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 Website, 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 Website 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 Website or any services or materials available through the Website.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

 

TRADEMARKS

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 Website are the trademarks of their respective owners.

 

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

• 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 Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any “robot”, “spider” or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website 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 Website.
• 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 Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

 

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

• Remove or refuse to keep on the Website any content you upload to your Wallit Account, your Kid’s Wallit Account, or your Parent’s 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 Website 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 Website.
• Terminate or suspend your access to all or part of the Website 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 Website.

 

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 Website 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.

 

CONTENT STANDARDS

These content standards apply to any and all information you provide (collectively, the “Information”) in connection with your use of the Website, your Wallit Account, the Company’s Services, or in the course of your interactions us, other Wallit Account holders, including, but not limited to your Parent, Co-Parent, or Kids, and 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.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
• 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 Website 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 Website, or by anyone who may be informed of any of its contents.

 

This Website [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 WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website 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 WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information and the information of any children that you link to your Wallit Account in compliance with the Privacy Policy.

 

LINKING TO THE WEBSITE 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 Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

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 Website 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 Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
• The website 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 WEBSITE

If the Website 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 websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

GEOGRAPHIC RESTRICTIONS

The Company, the owner of the Website, is based in the State of Maine and incorporated in the State of Delaware in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website 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 Website 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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.

 

INDEMNIFICATION

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 Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

 

GOVERNING LAW AND JURISDICTION

All matters relating to the Website 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 Website 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.

 

ARBITRATION

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 Website, 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 WEBSITE 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.

 

ENTIRE AGREEMENT

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

YOUR COMMENTS AND QUESTIONS

This website 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 Website should be directed to info@wallit.app.

Effective Date: September 26, 2019

WALLIT, INC. PRIVACY POLICY (the “Privacy Policy”)

Welcome to Wallit.app (both the website and the application, collectively, the “Website”). Wallit understands that privacy online is important to users of Wallit’s Website, especially when relating to finances and family information. This statement governs Wallit’s privacy policies with respect to those visitors to the Website (“Visitors”) who visit without transacting business and Users who register to transact business on the Website (“Users”) and make use of the various services (collectively, “Services”) offered by Wallit, Inc. (“Wallit”).

 

Please read this Privacy Policy carefully to understand Wallit’s policies and practices regarding the collection and use of Visitor and User Personal Information and Anonymous Information. If you do not agree with Wallit’s policies and practices, your choice is not to use Wallit’s Website. By accessing, using, or submitting Personal Information and Anonymous Information to the Website this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Privacy Policy Changes section below). Your continued use of this Website after Wallit makes changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

For purposes of this Privacy Policy, the term “Personal Information” refers to any information that identifies or can be used to identify, contact, or locate the Visitor or User to whom such information pertains, including a Visitor or User’s: first and last name; home or other physical address; online contact information, such as an email address or other substantially similar identifier that permits direct contact with a person online, and a screen or user name; telephone number; social security number; a persistent identifier used to recognize a user over time and across different websites or online services such as a customer number held in a cookie, an internet protocol (IP) address, or similar processor or device serial number; photographs, videos, or audio files that contain the Visitor or User’s image or voice; and geolocation information sufficient to identify street name and name of a city or town.

 

For purposes of this Privacy Policy, the term “Anonymous Information” means information that does not identify the individual user and demographic information not connected to an identified individual.

 

PERSONAL INFORMATION THAT IS COLLECTED

Personal Information does not include Anonymous Information that is collected. Wallit may collect basic user profile information from all of Wallit’s Visitors who are not Minors. Wallit collects the following additional information from Wallit Users who are not Minors, including information:

• by which you may be personally identified, such as name, date of birth, postal address, e-mail address, telephone number, social security number, financial information, and any other identifier by which you may be contacted online or offline;
• that is about you but individually does not identify you, such as responses to surveys that Wallit might ask you to complete for research purposes;
• about your internet connection, the equipment you use to access Wallit’s Website and usage details. Wallit collect this information:
  • directly from you when you provide it to Wallit for purposes of Wallit Account registration and on-going contact information; and
  • automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • from third parties, for example, Wallit’s business and banking partners and third-party vendors.

 

Wallit also collects Personal Information relating to your family members directly from you when you provide it to Wallit.

 

PERSONAL INFORMATION OF MINORS

Wallit complies with the Children’s Online Privacy Act of 1998, as amended (“COPPA”). Because Wallit is intended for use by all members of a family and a predominate goal of Wallit is to educate children and provide them with the independence to become financially responsible individuals, Users under thirteen (13) years of age (“Minors”) may use this Website with parental consent. Wallit may collect Personal Information about Minors from Users of sufficient legal age that are authorized to provide such information about the Minor, but Wallit does not intentionally collect Personal Information from Minors without prior parental consent.

 

While the Wallit registration process requires a parent or legal guardian over the age of 18 years old (a “Parent”) to complete the process and provide most Personal Information about the family, a child that is thirteen (13) years of age or older may initiate the registration process by inviting a Parent to become a registered User of Wallit. If such registration process is initiated by a child, the child will be able to provide the child’s date of birth, full name and email address and the Parent’s email address or phone number. This information is strictly used by Wallit to obtain verifiable consent from the Parent’s. If Wallit does not obtain consent from the parent within a reasonable time from the date the information is collected, but not more than 72 hours (3 days) after the information is collected, Wallit will delete the information from its records.

 

Except as provided above, a parent must accept this Privacy Policy and Wallit’s Terms of Service before Minors may become Users of Wallit and a Parent must provide all Personal Information on behalf of their Minor children or provide prior consent to the provision of a Minor’s Personal Information.

If you are a Minor, do not:

• use or provide any information on the Website or through any of its features;
• register on the Website;
• make any purchases through the Website;
• use any of the interactive features of the Website

 

without the full consent and supervision of a Parent. If Wallit learns that it has collected or received Personal Information from a Minor without verification of parental consent, Wallit will delete that Personal Information. If you believe Wallit might have any Personal Information from or about a Minor child without parental consent, please contact us immediately at info@wallit.app.

 

By linking a Minor child to the Parent’s Wallit account (an “Wallit Account”), a Parent who consents to this Privacy Policy and Wallit’s Terms of Service thereby consents to such Minor child providing or submitting Personal Information to Wallit and consents to Wallit collecting and using such information in accordance with this Privacy Policy. By using Wallit as a Parent, you represent and warrant that you have sufficient legal authority to act on behalf of and represent any Minor you have invited to join your Wallit Account.

 

There are certain Wallit features that allow Minors to enter free form information, this includes the ability to set goals and upload pictures and videos to Wallit to show the completion of chores. As a Parent who consents to this Privacy Policy and Wallit’s Terms of Service, you consent to Wallit’s collection of such free form information, knowing that the Minor may inadvertently include Personal Information.

 

As a Parent, you have the right to see what information your child has provided through the Website. You can see this by going to your “Profile” → selecting “Family” → selecting the child whose data you wish to see. You may also view your Child’s Wallit Account by going to your Wallit Account → scrolling down to “Family” → and selecting the child whose Wallit Account you wish to see.

 

At any time, you as the Parent may modify or delete most information on your Child’s Wallit Account. You may modify contact information on your Child’s Wallit Account by going to your “Profile” → selecting “Family” → selecting the child whose data you wish to edit → selecting ‘edit’ at the top-right of the screen → editing any or all of your child’s profile info → and then hitting ‘submit’. If you desire for other information on your Child’s Wallit Account to be modified or deleted from the Website, please contact us immediately at info@wallit.app. You may delete the Child’s Wallit Account —and, thereby, the child’s account and any Personal Information uploaded thereby—by going to your “Profile” → selecting “Family” → selecting “Edit’ → selecting the child you wish to delete → selecting “Remove Child” at the bottom of the screen. Once your Child’s Wallit Account has been deleted, or any specific information is deleted, Wallit takes immediate steps to purge all Personal Information related to the Wallit Account from Wallit’s databases.

 

HOW THE WEBSITE AND SERVICES USE INFORMATION COLLECTED

Wallit uses information collected to customize the Website, to make appropriate service offerings, and to fulfill buying and selling requests on the Website. Wallit may email Visitors and Users about research or purchase and selling opportunities on the Website or information related to the subject matter of the Website. Wallit may also use Personal Information to contact Visitors and Users in response to specific inquiries, or to provide requested information.

 

Parent Users will have the ability to view and upload Personal Information for Child Wallit Accounts within the Parent’s “My Family” group and will have limited access to information of a Co-Parent in the Parent’s “My Family” group. Although children with Child Wallit Accounts are able to transact with Parents within their “My Family” group for purposes of transferring funds, receiving chores, and proving that chores have been completed, Child Wallit Accounts are not able to view any Personal Information of Parent Wallit Accounts with the exception of the Parent’s Wallit username.

 

If you provide feedback to Wallit, Wallit may use and disclose such feedback for any purpose, provided Wallit does not associate such feedback with your Personal Information. Wallit may create Anonymous Information records from Personal Information by excluding any and all components of the information that makes the information personally identifiable to you or any other Visitor or User. Wallit may use this Anonymous Information for any purpose and, by agreeing to this Privacy Policy and Wallit’s Terms of Service, you agree that Wallit reserves the right to use and disclose any Anonymous Information at Wallit’s discretion.

 

HOW PERSONAL INFORMATION IS STORED

Personal Information collected by Wallit is securely stored and is not accessible to Third-Party Vendors or employees of Wallit except for use as indicated in this Privacy Policy. Wallit has implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All Personal Information you provide to Wallit is either securely stored or destroyed periodically, and any payment transactions and other financial information will be encrypted using best-in-practice technology and business standards.

 

While Wallit takes commercially reasonable measures to maintain a secure Website, electronic communications and databases are subject to errors, tampering and break-ins, and Wallit cannot guarantee or warrant that such events will not take place. By agreeing to Wallit’s Terms of Service, you thereby agree that Wallit will not be liable to Visitors or Users for any such occurrences.

 

HOW COOKIES ARE USED

When you visit Wallit’s Website or in any way use Wallit’s Services, Wallit and certain business partners and vendors may use cookies and other tracking technologies (collectively, “Cookies”). Wallit uses Cookies to recognize you as a customer; customize Wallit’s Services, other content and advertising; measure the effectiveness of promotions; perform a wide range of analytics; mitigate risk and prevent potential fraud; and to promote trust and safety across Wallit’s Website and Services.

Certain aspects and features of the Services and the Website are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Website and Services may be limited or not possible.

WALLIT ACCOUNTS LINKED WITH A SPONSORED BANK

The Company partners with various banking institutions (each, a “Sponsoring Bank”) to provide the Services. You may choose to use the Website and its Services by opening your Wallit Account through a Sponsoring Bank or you may choose to link your Wallit Account with a Sponsoring Bank after account-creation. By opening your Wallit Account through a Sponsoring Bank or subsequently link an Wallit Account with a Sponsoring Bank, you authorize the Company to share any of your information with the Sponsoring Bank through which you open or link your Wallit Account.

HOW INFORMATION IS SHARED AND WITH WHOM

Except as otherwise stated in this Privacy Policy, Wallit does not share your Personal Information with third parties unless you ask or authorize us to do so.

 

Wallit may provide your Personal Information to third-party service providers, suppliers, vendors, and the Sponsoring Banks (the “Third-Party Vendors”) in accordance with this Privacy Policy. Such Third-Party Vendors may collect information for evaluating Users for eligibility of the services of the Third-Party Vendors. In addition, in order to receive certain of the Services, you will need to provide certain Personal Information directly to Third-Party Providers. Wallit receives certain Personal Information you submit to Third-Party Vendors in accordance with this Privacy Policy in order to provide some of the Services and to help Wallit communicate with you. Examples of such services include properly authorizing the transactions, updating fund amounts, naming of bank accounts on your Wallit Account, and customer service. This Privacy Policy does not cover Third-Party Vendor collection or use of this information. Wallit does not control how these Third-Party Vendors use such information, but Wallit does ask them to disclose in a separate privacy policy how they use Personal Information provided to them from Visitors and Users and to make such privacy policy available to the Visitors and Users. Some of these Third-Party Vendors may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.

 

In order to link an external account to your Wallit Account, you will need to verify ownership of your external account through Plaid Inc., a financial information and identification service. Wallit does not share any personal information of minors with Plaid, Inc. Plaid, Inc.’s privacy policy is located at https://plaid.com/legal/#privacy-statement. If you allow your children to exchange allowance earned for gift cards, you will be providing information, including Personal Information, to Tango Card, Inc. Tango Card, Inc.’s privacy policy is located at https://www.tangocard.com/privacy-policy. Your information that is provided to Plaid, Inc. and Tango Card, Inc. is not provided by Wallit, but instead provided directly by you to such Third-Party Vendor through the Third-Party Vendor’s module that you are presented with on Wallit’s Website.

 

If you open your Wallit Account through a Sponsored Bank or connect your Wallit Account with a Sponsoring Bank, Wallit may provide the Sponsoring Bank with limited Personal Information you provide such as your name, your contact information, the number of external accounts you link to your Wallit Account, and the banking institutions of such external accounts. Wallit would only share this information with the specific Sponsoring Bank that is linked to your Wallit Account. If you do not open your Wallit Account through a Sponsoring Bank or connect it with a Sponsoring Bank, none of your Personal Information will be provided to any of the Sponsoring Banks. Wallit will not provide Personal Information of Minors to any Sponsoring Bank. If you are opening an Wallit Account through a Sponsoring Bank or your Wallit Account is otherwise linked with a Sponsoring Bank, the specific Sponsoring Bank and a link to its Privacy Policy can be found at partnerbank.wallit.app/privacy-policy.

 

Wallit is not responsible for privacy policies of any Third-Party Vendors, including, but not limited to, the privacy policies of the Sponsoring Banks, Plaid, Inc. and Tango Card, Inc., their adherence to or implementation of their privacy policy, or their use of any information (including Personal Information) they collect from you.

 

Wallit may share aggregated Anonymous Information about Wallit’s Visitors and Users, including the demographics of Wallit’s Visitors and Users, with Wallit’s subsidiaries and affiliates and Third-Party Vendors and service providers.

 

Although Wallit currently does have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates“), Wallit may in the future. Wallit may share some or all of your Personal Information with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.

 

In the event Wallit goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of Wallit or its assets may continue to use your Personal Information as set forth in this Privacy Policy. You hereby consent to Wallit sharing your Personal Information under the above circumstances.

CHOICES AVAILABLE TO VISITORS AND USERS REGARDING THE COLLECTION, USE DISTRIBUTION AND DELETION OF PERSONALLY IDENTIFIABLE INFORMATION

Visitors and Users may opt out of receiving unsolicited information from or being contacted by Wallit and/or Wallit vendors and affiliated agencies by responding to emails as instructed, by contacting us at info@wallit.app, or by clicking any link Wallit may offer in Wallit’s communications to opt out of communications from Wallit.

 

Visitors may also request that their Personal Information be purged or deleted from the Website’s database by emailing us at info@wallit.app. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personal Information deactivated will have this information functionally deleted, and Wallit will not sell, transfer, or use Personal Information relating to that individual in any way moving forward.

 

DISCLOSURE OF PERSONAL INFORMATION TO COMPLY WITH LAW ENFORCEMENT

Wallit will disclose Personal Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. Wallit will also disclose Personal Information when reasonably necessary to protect the safety of Wallit’s Visitors and Users. For more information regarding Governing Law and Jurisdiction please see Wallit’s Terms of Service.

 

LINKS TO OTHER WEBSITES

The Website (Wallit.app) contains links to other websites. Please note that when you click on one of these links, you are moving to another web Website. Wallit encourages you to read the privacy statements of these linked websites as their privacy policies may differ from ours.

 

PRIVACY POLICY CHANGES

Wallit will notify Visitors and Users of the Website about changes to Wallit’s Privacy Policy by posting such changes on the Website. However, if Wallit are changing the Privacy Policy in a manner that might cause disclosure of Personal Information that a Visitor or Parent User has previously requested not be disclosed, Wallit will contact such Visitor or Parent User to allow such Visitor or Parent User to prevent such disclosure.

 

CONTACT US

If you have any questions or suggestions regarding Wallit’s Privacy Policy, please contact us at info@wallit.app.