The financial freedom you deserve.TM

Terms OF Service

CUSTOMER SUPPORT

Customer satisfaction is important to us at CashRepublic. If you have any questions about your CashRepublic Account including CashRepublic Services or our Partner Services, or these Terms of Service, please contact us:  Email: support@cashrepublic.com or Telephone: 1 (833) 813-2274.

 

1. INTRODUCTION

These terms of service (the “Terms”) represent a binding legal agreement between you and CashRepublic Financial, LLC (“us” or ” our” or “CashRepublic”) and govern the provision and use of our services, including the CashRepublic mobile applications and websites (www.cashrepublic.com) (the “App” and “Website”), software (the “Software”), and other products and services, features and functionality including content, updates and new releases (together, the “Services”). The Terms are the terms set forth herein, but also any additional terms, policies, rules, guidelines, rates, offers or similar published in the App or on the Website relating to the Services. You should read them all carefully and retain them for your records. If you don’t agree to the terms set forth herein, please don’t use the Services. Some of the products and services made available to you in the App are not provided by us but are instead offered and provided by third parties (herein referred to as “Partner Services” and our “Partners”). These Partners have their own agreements (the “Partner Agreements”) that will apply to you when you use the Partner Services. The Partner Agreements are attached to the Terms as Schedules or are made available to you in the App and the Website. By accepting the Terms, you accept the Partner Agreements attached hereto as Schedules. We reserve the right to require any level of or additional identity verification to access any of the Partner Services or Services, in our sole discretion.

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

CashRepublic Financial, LLC is a Delaware limited liability company whose registered office is at 390 N Orange Avenue, Suite 1875, Orlando FL 32801. CashRepublic is not a bank and is not member of the Federal Deposit Insurance Corporation (“FDIC”). The Financial Services (as defined below), such as the CashRepublic Visa® Prepaid Debit Card (the “CashRepublic Card”), are provided by Axiom Bank, N.A., member FDIC.

 

2. SCOPE OF SERVICES

2.1 What You Get by Signing Up for CashRepublic

By signing up for CashRepublic, you can apply for or gain access to the following Services: Financial Services (a bank account with, and CashRepublic Card issued by, Axiom Bank, N.A.) and CashRepublic mobile application.

2.2 Fees

Your use of and access to the Services is subject to our Fee Schedule in CashRepublic mobile application or CashRepublic website. We and our Partners reserve the right to change the fees at any time and without prior notice. The new fees shall become effective immediately when published in the CashRepublic terms or Partner Agreements, the App and/or the Website. Your continued use of the Services and/or the Partner Services following notice of the new fees shall constitute your agreement to the new fees. If you do not accept the new fees do not use the Services or Partners Services. No refunds are available. Unless stated otherwise, all fees and charges for the Services and Partner Services shall be stated in United States dollars (USD) and shall be exclusive of all applicable taxes or fees, including any fees charged by your bank or debit card. You are responsible for paying all taxes or fees applicable to your use of the Services and the Partner Services. You acknowledge and agree that payment of the fees and any other applicable taxes or fees is made by deducting a corresponding amount from your CashRepublic Account and transferred to CashRepublic or our Partners (as applicable), and you hereby instruct and authorize us to execute such money transfers for the purpose of fulfilling your payment obligations. You may close your CashRepublic Account at any time. If you close your CashRepublic Account, you are required to draw any remaining balance down to zero. It is your responsibility to make sure that the balance on your CashRepublic Account is sufficient for paying the applicable fees and charges to us and our Partners or you have a valid method of payment connected to your CashRepublic Account (see section 2.5 below for more details). For further details about the CashRepublic Account, please refer to the Cardholder Agreement.

2.3 Your Obligations as a CashRepublic User

You agree not to use the Services or Partner Services in any prohibited manner, as further specified in Section 6.2 Prohibited Use.

2.4 Location Restrictions

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

2.5 Loading Your CashRepublic Account

You may load money into your CashRepublic Account in several ways. If you use Banking Services, you may also load money into your CashRepublic Account via ACH or direct deposit. CashRepublic uses the ACH technology provider FIS Global, together with their network of bank and financial institution partners to offer you the possibility to transfer funds between your bank accounts and your CashRepublic Account (“ACH transactions”) as made available in the CashRepublic App. Please be advised that you must apply and be approved for banking services prior to being able to utilize ACH transactions. Payment processing services for adding funds to your Card Account via the CashRepublic App are provided by CashRepublic Financial, LLC. You can perform cash loads at Visa ReadyLink network POS locations or at CashRepublic or its distribution partner branch locations for a fee.

2.6 Account Statements and Records

When you log into your CashRepublic Account you will find information relating to your use of the Services and the Partner Services, such as receipts and payments made, and your current balance (“CashRepublic Account Records”). It is your responsibility to retain and save copies of your CashRepublic Account Records for future reference. We will use commercially reasonable efforts to correct any technical failures relating to your CashRepublic Account Records within a reasonable time. However, your inability to view your CashRepublic Account Records does not extend, or relieve you of, your obligation to pay any amounts owing to us or our Partners.

 

3. PARTNER SERVICES

Below is an overview of the Partner Services found in the CashRepublic App.

3.1 Financial Services

As part of the Partner Services, you may apply for the CashRepublic prepaid debit card and associated account, which is offered by Axiom Bank, N.A. (“Banking Services”). The Axiom Bank, N.A. Account Agreement can be found here.

4. PROMOTIONS

CashRepublic may offer promotional offers or rewards related to the use of the CashRepublic and/or Partner Services. This Section 4 applies to all CashRepublic promotional offers and rewards as further specified below.

4.1 General Terms and Conditions for Promotional Offers

All CashRepublic promotional offers are valid only for CashRepublic customers who: 1) have passed all relevant customer identification and screening requirements; 2) have a CashRepublic account that is in good standing; and 3) otherwise comply with the Terms of Service and the Partner Agreements. CashRepublic promotional offers are subject to updates, limitations, modifications and/or termination by CashRepublic in its sole discretion. All promotional offers are void where prohibited. CashRepublic reserves the right to end a promotional offer at any time. CashRepublic in its sole discretion may also revoke any offer from any customer or may cancel or remove a promotion from any customer’s account who: 1) has abused the promotional offer; 2) has violated any applicable terms and conditions; 3) has violated the CashRepublic terms of service; 4) has violated the Partner Agreements; 5) has closed their CashRepublic Account without meting the applicable promotion amount(s); 6) has engaged in any activity it deems fraudulent or in violation of applicable law; or 7) for any other reason.

CashRepublic is not responsible or liable if any email, or promotional offer related materials or correspondence are lost, stolen, incomplete, delayed, altered, or misdirected, or if any participant’s CashRepublic account, email address or other contact information does not work, is deleted, or is changed without participant giving prior written notice to CashRepublic. CashRepublic reserves the right to review any account or transaction related to this Program, in its sole discretion, without notice, and delay completion of the promotion. CashRepublic promotional offers may be subject to being reported on any applicable IRS form should you receive CashRepublic payments or credits that exceed $600 in the relevant taxable year. The validity of a promotional offer is contingent upon the customer providing CashRepublic with the relevant tax forms and other information as required and/or requested by CashRepublic.

5. WHEN THINGS GO WRONG

The following section details the steps you should take in the event that something goes wrong with your CashRepublic Account or your use of the Services, such as a lost or stolen card or device, disputes, complaints, your breach of the Terms or the Partner Agreements and closing your CashRepublic Account.

5.1 Lost or Stolen Card, Mobile Phone, and Fraudulent Use

In the event that your CashRepublic Card or mobile phone that contains the App is lost or stolen, please contact CashRepublic Debit Card Services at 1-833-404-4121 immediately, so we can suspend your CashRepublic Account. We are not responsible for any fraudulent use or charges to your CashRepublic Card or Account, the Services or the Partner Services prior to you notifying us that your Card or mobile phone has been lost or stolen. You are solely responsible for securing your CashRepublic Card and mobile phone. Additionally, if you believe that your CashRepublic account has been compromised, that an unauthorized third party has gained access to it, or if your password or PIN or any other account information has been lost or stolen, please contact CashRepublic Debit Card Services at 1-833-404-4121 immediately. You are solely responsible for all activity and charges to your CashRepublic Account, including unauthorized or fraudulent use.

5.2 Billing Errors and Disputes

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

5.3 Complaints

If you would like to make a complaint about your CashRepublic Account, the Services or the Partner Services, please contact CashRepublic Customer Support or Helpline.

5.4 Customer Breach and Termination (What It is and What Happens)

You may be in breach of the Terms of Service if you do anything that violates these Terms, the Partner Agreements, or applicable law. If you breach these Terms, we may suspend or close your CashRepublic Account, or take any other action that we deem necessary and in our sole discretion. We may terminate the Terms (cancel your CashRepublic Account, the Services etc.) for any reason, at any time and without prior notice. Additionally, we and our Partners have the right to immediately, without any liability, refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services and the Partner Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Service, or for any of the reasons for termination set forth in the Terms of Service, or any corporate or business reason. You agree that your use of the Services and Partner Services is conditioned upon you being eligible to acquire the Services and the Partner Services. Therefore, the termination (or deactivation) of a Partner Service may require the immediate termination of the Terms and deactivation of your CashRepublic Account. You acknowledge and agree that we and our Partners are under no obligation to provide the Services and Partner Services to you, and that we or our Partners shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the of the Services, the Partner Services, the Terms and/or the Partner Agreements. You acknowledge and agree that the Services and the Partner Services are offered and provided on a pre-paid basis and that if there are not sufficient funds on you CashRepublic Account for payment of transaction amounts and Usage Fees (if applicable) your CashRepublic Account will be deactivated and you will not be able to use the Services or Partner Services. Please refer to Sections 2.2 and 2.3 above for details on fees and payments. You may activate your CashRepublic Account again or otherwise get access to the Services and Partner Services by loading your CashRepublic Account with sufficient funds.

5.5 Closing Your Account

You may close your CashRepublic Account at any time by contacting CashRepublic Customer Support (support@CashRepublic.com). Please be advised that you will be required to bring your CashRepublic Account balance down to zero prior to closing your account.

5.6 Effects of Termination

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

6. USE AND RESTRICTIONS

6.1 Your Use of the Services and Our Right to Change the Services

You acknowledge that the products, features or functions or other parts of the Services or Partner Services may change over time. We or our Partners may without prior notice to you change the form and nature of the Services and/or Partners Services. Furthermore, we and our Partners may in our sole discretion, and without prior notice to you, decline to provide and/or stop (permanently or temporarily) providing the Services and/or Partner Services (or part thereof) to you or to users generally. We may make updates to the Software, the App or other parts of the Services at any time and shall have no obligation whatsoever to provide any such updates to you. It is your responsibility to use the latest available version of the Software, App or other parts of the Services (where applicable). You agree that you are solely responsible (and that we and our Partners have no responsibility to you or to any third party) for any data, content, or resources that you transmit by using the Services or Partner Services, and for the consequences of such actions, including any loss or damage which we, our Partners or any other third party may suffer. Use of all or parts of the Services may require additional identity verification, in our sole discretion. You agree to provide all information requested by us or our Partners to verify your identity, and your failure to do so may result in us or our Partners declining or ceasing to provide any or all of the services to you. You agree that the Services are to be used only for your personal use.

6.2 Prohibited Use

By using the Services and Partner Services, you agree not to: (i) Use or access the Services and Partner Services for any unlawful purpose, or in any manner inconsistent with the Terms or the Partner Agreements; (ii) Attempt to gain unauthorized access to any other CashRepublic customer’s CashRepublic Account, upload malicious code of any type, or otherwise damage the Services, Partner Services, App or Website; (iii) Infringe our or our Partner’s intellectual property rights, or those of any third party in relation to your use of the Services or Partner Services; (iv) Transmit any communications that is defamatory, offensive or otherwise objectionable in relation to your use of the Services and Partner Services; (iv) Damage, disable, overburden, modify, tamper, impair or compromise our or any third party’s systems or security or interfere with other users; (v) Collect or harvest any information or data from the Services or Partner Services or any applicable systems or attempt to decipher any transmissions to or from the servers running the Services or Partner Services; (vi) Reverse engineer, decompile or try to discover the source code of the Services, Partner Services, App, or Website; (vii) Provide us or our Partners with any false, inaccurate or misleading information; (viii) Intercept or monitor, damage or modify any communication which is not intended for you; (ix) Sell, rent, lease, distribute, market, or use the Services and/or Partner Services for any commercial purpose; Remove, obscure, or alter our or any of our Partner’s copyright notices, trademarks, or other proprietary rights notices affixed or contained within the Services, Partner Services, App or Website.

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

7. LEGAL AND MISCELLANEOUS

7.1 Assignment

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

7.2 Limitation of Liability

IN NO EVENT SHALL WE, NOR SHALL OUR SUBSIDIARIES, AFFILIATES OR PARTNERS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES IN CONNECTION WITH THE SERVICES OR PARTNER SERVICES (OR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OF THE AFORESAID ENTITIES), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF MONEY, DATA, GOODWILL, REPUTATION, PROFITS, BUSINESS INFORMATION OR INTERRUPTION, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PARTNERS SERVICES OR OTHERWISE ARISE UNDER OR IN CONNECTION WITH THE CASHREPUBLIC TERMS OR PARTNER AGREEMENTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR AND EACH OF OUR PARTNER’S (AND EACH OF THE OTHER AFOREMENTIONED THIRD PARTY’S) TOTAL AND AGGREGATED LIABILITY TO YOU (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) FOR ANY AND ALL DAMAGES, COSTS OR LOSSES THAT ARISE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES AND/OR PARTNER SERVICES, OR OTHERWISE ARISE UNDER OR IN CONNECTION TO THE CASHREPUBLIC TERMS OR ANY PARTNER AGREEMENT, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US OR OUR PARTNERS FOR THE SERVICES AND/OR PARTNERS SERVICES DURING THE MOST RECENT FIVE (5) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, HOWEVER SUBJECT TO A MAXIMUM LIMITATION OF USD $1,000.00.

7.3 Indemnity

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

7.4 Applicable Law and Jurisdiction

The Terms shall be governed by the laws of the State of Delaware except to the extent governed by federal law, without regard to any conflicts of law provisions that provide for the application of the law of another jurisdiction. Any claim, dispute, or controversy (“Claim”) between you and us, including our (if any) successors, affiliates or assignees as well as any other third party, arising out of or relating in any way to the Terms, your use of the Services or otherwise, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding confidential individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY. We will pay the initial filing fee to commence the arbitration. You and we will have every remedy available in arbitration as you and we would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator. The arbitrator’s award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION. This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT USE THE SERVICES OR ANY PARTNER SERVICES, NOTIFY US IMMEDIATELY FOR TERMINATION OF THE CASHREPUBLIC TERMS AND PARTNER AGREEMENTS.

7.5 Entire Agreement

The Terms represent the entire agreement between you and us relating to the use of the App, Website, your CashRepublic Account, prepaid debit card, and/or any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Services or any other subject matter covered by the Terms. For the purpose of clarification, the Terms supersede all offer, promises or similar made to you by our client services agents, representatives or employees. The Terms may not be modified or amended except as described herein. If a court finds any provision of the Terms or any Partner Agreement to be invalid or unenforceable for any reason, the remainder of the Terms or such Partner Agreement shall continue in full force and effect. If we or any Partner (as applicable) fail to insist that you perform any of your obligations under the Terms or any Partner Agreement, or if we or a Partner do not enforce our rights against you, or if we delay in doing so, that will not mean that we or the Partner have waived our rights against you and will not mean that you do not have to comply with those obligations. If we or any of our Partners waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

7.6 Headings

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

7.7 Translations of the Terms and Partner Agreements

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

7.8 Force Majeure

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

7.9 Intellectual Property Rights and Licenses

In consideration of you agreeing to abide by the terms and condition of the Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the App, the Website and other parts of the Services provided or made available to you by CashRepublic or our Partners. You may download a copy of the App onto a Device which you control and to view, use and display the App for your personal purposes only. We reserve all other rights. Without limiting the aforesaid, in relation to the App, we license the use of the App to you subject to your adherence to terms and conditions of the Terms, in addition your use of the App is subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group (“Apple” and “Google”). We do not sell the App to you. We remain the owners of the App at all times. You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, Website or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software. The Software may contain open-source software. Any use, reproduction and distribution of components of the Software licensed under an open-source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license. You acknowledge that you have no right to have access to the Software or other parts of the Services (where applicable) in source-code form. All ownership and intellectual property rights in or to the Software, App, Website or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade secrets and proprietary know-how, shall be owned by and vested in CashRepublic (or our Partners, to the extent applicable), or any third party licensors, and nothing in the Terms shall constitute or be interpreted as a transfer of any such rights from CashRepublic (or any third party licensor of CashRepublic) to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under the Terms. For the purpose of clarification, nothing in these terms give you a right to use any of our or our Partners’ trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services or Partner Services provided to you. The licenses granted to you as described in this section will terminate automatically in the event of termination of the Terms. Furthermore, we have the right to, in its sole discretion, at any time remove any materials posted to the Website.

7.10 Third Party Services and Fees

You acknowledge and agree that the use of the Services and Partner Service is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator (“Providers”). Note that some Providers prohibit or restrict the use of the Services and/or Partner Services and may impose fees in connection with the use of the Services. You are solely responsible for verifying with your mobile operator or Internet provider (or any other Provider that you are using in relation to your use of the Services or Partner Services) that your use of the Services is permitted and in accordance with any contractual obligations you may have with such Provider, and also to understand (and pay for) any fees that such Provider may charge you in relation to your use of the Service or Partner Service. Note that if you use the Services and Partner Service while you are in a country that is not the country associated with your base/fixed net or mobile phone operator or other Provider (in other words: out-of-country usage) this usage may lead to significantly higher costs in relation to your Providers than normal usage. You are solely responsible for keeping yourself informed and paying for such possible roaming and other applicable charges levied by your mobile operator or other Provider.

7.11 Your Submission of Feedback

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

7.12 Disclosure of Information

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

For more details on how CashRepublic uses your personal information, please review our Privacy Policy.

7.13 No Warranties

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