Legal & Policies - VezoPay Ring

VezoPay End User License Agreement (EULA)

By utilizing this device or any VezoPay product, including, but not limited to, wearable devices, accessories, or software operating on any operating system (collectively, the "Product"), you acknowledge and agree to be bound by the terms of this End User License Agreement ("EULA"). This constitutes a legally binding contract between you and VezoPay, establishing the terms and conditions governing your use of the Product, as well as the procedures for dispute resolution. If you do not agree to these terms, you must refrain from using the Product and any VezoPay software.

This agreement is entered into between you (whether as an individual or a legal entity) and VezoPay (Pty) Ltd. ("VezoPay," "we," "us," or "Vezo"). It governs the use of VezoPay hardware and software, whether pre-installed, downloaded, or otherwise provided by VezoPay, its affiliates, or authorized third-party providers. This includes all related software, content, data, printed materials, and electronic documentation accompanying the Product.

Use by Minors

If you are a minor under the applicable laws and therefore lack the legal capacity to enter into this license agreement independently, you must review this agreement with a parent or legal guardian. By using the Product, both you and your parent or legal guardian represent and warrant that you comprehend and accept these terms.

If you are a parent or legal guardian permitting a minor to use the Product, you hereby agree to:

Diligently supervise the minor's use of the Product.
Assume all risks associated with the minor's use of the Product.
Accept full responsibility for all consequences arising from the minor's use of the Product.
Ensure the accuracy of all information provided by the minor.
Be legally bound by this EULA in respect of the minor's use of the Product.

Should you have any inquiries regarding this agreement, please consult the VezoPay website or contact VezoPay support.

1. Child Safety

This product contains small components, including but not limited to the device itself, packaging materials, and the ring sizing kit, which present a potential choking hazard. It is imperative to keep this product out of reach of children under the age of six. Furthermore, biting or sucking on the device may result in damage to the product

2. Software Components Governed by Open-Source Licenses

This Product includes software components under open-source licenses. VezoPay is not liable for performance or compatibility issues resulting from devices, operating systems, or software not owned or controlled by VezoPay.

3. Intellectual Assets

All intellectual property (IP) related to the Product, including patents (whether patentable or not), inventions, trade secrets, copyrights, software, accessories, components, documentation, and other proprietary works, is exclusively owned by VezoPay and protected by the intellectual property laws of South Africa. You agree not to violate or infringe upon these IP rights. Furthermore, you agree not to reverse engineer, modify, decompile, disassemble, or attempt to extract the software’s source code. All IP ownership remains with VezoPay, and no rights or ownership are transferred to you.

4. Reservation of Intellectual Property and Rights

All rights not expressly granted to you in this EULA are reserved by VezoPay. The VezoPay Software and hardware are protected by copyright and other intellectual property rights. VezoPay maintains ownership of the VezoPay Software, which is provided under license, not sold

5. Licensing Rights

VezoPay grants you a limited, non-exclusive license to install and use one copy of the VezoPay Software on a single Product or device. Networking the software for simultaneous use is prohibited. You may create one personal backup copy, retaining all copyright notices. Some software components are subject to open-source licenses, which may override parts of this EULA. These licenses are available in the Product’s settings legal notices

6. Third-Party Content and Services

Your VezoPay product may include or allow you to download third-party applications and services. These may display content, data, or links from other companies ("Third-Party Materials"). You acknowledge that VezoPay is not responsible for the availability or content of these Third-Party Materials. Your use of them is at your own risk.

You agree not to modify, distribute, or create derivative works from these Third-Party Materials, or use them in any unauthorized way, including transmitting malware or overloading networks. You also agree not to use them to harass, abuse, or infringe on others' rights. VezoPay is not responsible for your use or any offensive content you receive.

Any mention of third-party names or products on your VezoPay product is for convenience only and does not imply endorsement. Your use of Third-Party Materials is governed by their providers' terms, privacy policies, and agreements. VezoPay is not responsible for how these providers use your information. This agreement does not affect your legal relationship with those third-party providers. VezoPay disclaims any responsibility for any disclosure of your personal information or any other practices of any third-party material provider. VezoPay expressly disclaims any warranty regarding whether your personal information is captured by any third-party materials provider or the use to which such personal information may be put by such third-party materials provider.

7. Modifications to the Software and Hardware Configuration

VezoPay expressly disclaims any liability for performance irregularities, compatibility issues, or damages arising from unauthorized modifications to the wearable device, its operating system (OS), or any associated software. Such modifications are undertaken at the user's sole risk.

8. Approval for Data Processing

For the purpose of providing updates, enhancing products, and offering technical support, VezoPay may collect technical information from your device, including device identification, software version, and usage statistics. This data is anonymized and used exclusively to improve our services and products, as outlined in the VezoPay Privacy Policy on our website. Upon obtaining your consent for diagnostic and usage data collection, VezoPay may gather additional technical data to improve the Product, offer support, and ensure EULA compliance, which may include location data for location-based services

9. VezoPay Platform Improvements

VezoPay may periodically release software updates, encompassing upgrades, bug fixes, feature enhancements, and new functionalities. This End User License Agreement (EULA) shall govern such updates unless explicitly stated otherwise in separate terms. To utilize updated software, you must possess a valid license for the eligible version of the VezoPay Software. Your device may automatically download and install updates; however, manual downloads are also an option. Given the critical importance of timely updates for security and performance, automatic downloads may be deemed necessary. Please note that software updates may consume data; therefore, a Wi-Fi connection is recommended to mitigate potential data charges. Certain features may vary based on your geographic location or device model. Furthermore, the wearable device is not intended as a substitute for professional medical advice. VezoPay disclaims all liability for any health-related injuries, damages, or losses arising from the use of the Product.

10. Constraints on User Rights

You are prohibited from, and shall not permit others to, duplicate, reverse-engineer, decompile, disassemble, or attempt to derive the source code or algorithms of the VezoPay Software or hardware, except to the extent expressly permitted by applicable South African law. Modification, disabling, or the creation of derivative works based on the VezoPay Software or hardware is strictly forbidden. Furthermore, you may not rent, lease, sublicense, or provide commercial hosting services utilizing the VezoPay Software. Transfer of this End User License Agreement (EULA) or your rights to the VezoPay Software is permitted solely in conjunction with the sale of the Product with which it is provided. Any such transfer must encompass all components of the software, including media, printed materials, upgrades, and this EULA, and the recipient must unconditionally agree to the terms herein. You bear the responsibility for ensuring that your employees or other personnel who use the Product adhere to these terms.

11. Web Connectivity

Be aware that some VezoPay features require internet connectivity. Without Wi-Fi, your device may use mobile data, leading to potential charges from your provider. Inconsistent internet or limited device capabilities could impact the performance of VezoPay

12. Trade control measures

It's important to understand that VezoPay products are governed by export control laws worldwide. You are responsible for ensuring your use of these products complies with all relevant export restrictions

13. Termination/Cancellation

This agreement is ongoing unless terminated/cancelled. If you breach these terms, your access to VezoPay software and hardware will be automatically terminated. Once term]nbv

14. Digital and/or Electronic Certificates

You are responsible for your decision to use digital certificates from VezoPay or others. VezoPay provides no warranties regarding the certificates' reliability, accuracy, or suitability.

15. Limitation of Liability

VezoPay is not liable for any damages related to your use or inability to use the VezoPay product or any third-party applications. This includes, but is not limited to, damages from errors, interruptions, viruses, network issues, and any damage to your personal hardware, including phones, screen protectors, covers, rings, or other accessories, that may arise from using the VezoPay product. You use the product at your own risk. While some jurisdictions may not allow certain liability limitations, VezoPay's total liability to you will not exceed the amount you paid for the product. These limitations apply to the fullest extent allowed by law

16. Governing Law

This agreement is governed by the laws of South Africa, excluding its conflict of law rules. The UN Convention on Contracts for the International Sale of Goods does not apply. VezoPay may seek urgent legal relief in any jurisdiction.

17. Dispute Resolution

This agreement includes a binding Dispute Resolution Agreement, including an arbitration provision, which can be found at https://Vezopay.com. Please review it carefully, as it affects your rights. You have 30 days to opt out of arbitration. Disputes will be resolved through mandatory informal dispute resolution, including a telephone settlement conference if requested, then through binding individual arbitration or small claims court. Class and representative actions are prohibited. Arbitration uses a neutral decision-maker and streamlined procedures.

18. Entire Agreement and Severability

This agreement is the complete agreement between you and VezoPay. By using the VezoPay product, you accept these terms. If you disagree, do not use the product.

Our Commitment to Resolving Your Concerns

At VezoPay, our priority is fostering strong relationships with our valued clientele. Should you encounter any queries or issues, our customer service team is readily available. Reach us anytime via online chat at https://vezopay.com, In the less likely event that standard VezoPay Support cannot resolve your issue, VezoPay and its customers commit to the following dispute resolution process. This framework aims to facilitate productive discussions and achieve equitable resolutions.

If informal dispute resolution, including a requested telephone settlement conference, proves unsuccessful, VezoPay and its customers agree to resolve the dispute through binding individual arbitration or in a small claims court within the customer's jurisdiction. Collective or representative actions are not permitted. In arbitration, a neutral third-party decision maker, the arbitrator, reviews both sides and issues a binding ruling. The arbitrator adheres to the same legal standards and can award the same individual remedies as a court. Arbitration procedures are designed for efficiency, with reduced discovery and appeal processes, ensuring a more streamlined and cost-effective resolution.

VezoPay is dedicated to thoroughly addressing every customer concern, regardless of its nature.

Formal Dispute Resolution Agreement (Encompassing Mandatory Informal Resolution, Arbitration Terms, and a Limited 30-Day Arbitration Opt-Out)

This document constitutes a legally binding agreement (“Agreement”) between you and VezoPay (Pty) Ltd., including its past, present, and future parent companies, subsidiaries, affiliates, and related entities (domestic and international), and all their respective officers, agents, employees, representatives, predecessors, successors, and assigns (“VezoPay”). Kindly review this Agreement carefully, as it impacts your legal rights. Your electronic acceptance, the opening of product packaging, product usage, or continued possession of the product signifies your acceptance of this Agreement, irrespective of whether you are the original purchaser, user, or recipient. All users or recipients of the product are bound by this Agreement. If you are a parent or guardian of a minor user or recipient, you agree to this Agreement on their behalf. You have the option to opt out of arbitration within thirty (30) days of your purchase or initial activation of the product, as detailed in Section 7. In the event of any conflict between this Agreement and other applicable VezoPay terms, this Agreement shall prevail.

With the exceptions outlined in Sections 3 and 4, this Agreement mandates that disputes not resolved informally must be addressed through individual small claims court actions or arbitration, rather than trials or class actions. Arbitration imposes greater restrictions on discovery and appeal rights compared to court proceedings.

“Product” refers broadly to both hardware and software components of any VezoPay-branded device, encompassing VezoPay-created or distributed software, services, and applications (“VezoPay Software”), as well as pre-loaded third-party software, services, and applications.

“Dispute,” except as specified in Section 4, encompasses any claim or controversy related to (i) your relationship with VezoPay; (ii) the advertising, marketing, sale, condition, or performance of the product; (iii) the product's terms and conditions, including the End User License Agreement, Standard Limited Warranty, and privacy policies; and (iv) claims involved in purported class actions where you are not a certified class member. This includes disputes arising before or after this Agreement.

“Party” refers to you or VezoPay individually, and “Parties” refers to both of you collectively.

1. Mandatory Informal Dispute Resolution

Prior to initiating arbitration or small claims court proceedings, you or VezoPay must send a comprehensive notice of the dispute (“Notice”) to the other party. This Notice must include (i) the claimant's name and contact details; (ii) a description of the dispute's nature and basis; (iii) the specific product or account in question; and (iv) the requested relief, including detailed calculations. The Notice must be personally signed by you or a VezoPay representative, even if represented by counsel. Your Notice should be emailed to [email protected], and VezoPay’s Notice will be sent to your on-file contact details.

Upon receipt of the Notice, both parties agree to engage in good-faith negotiations for sixty (60) days, including a telephone settlement conference if requested by the receiving party. If the dispute remains unresolved after this period, either party may proceed with arbitration or small claims court, as per this Agreement.

Initiation of arbitration or small claims court is contingent upon full compliance with this section. Non-compliance may result in court-ordered injunctions against such proceedings, and arbitration administrators may refuse to handle or charge fees for non-compliant cases. Non-compliance can be raised as a claim for relief in arbitration or small claims court.

Relevant deadlines and limitations periods are paused during the sixty (60) day informal resolution period, unless otherwise agreed.

2. Waiver of Class Actions and Individual Relief

You and VezoPay agree that claims must be brought in an individual capacity, not as part of a class or representative action. Arbitrators may only award relief to the individual party seeking it, and may not consolidate claims or preside over class proceedings. If any part of this waiver is deemed unenforceable, that claim will proceed in court after all other claims have been arbitrated.

3. Small Claims Court

If informal resolution fails, either party may elect to resolve the dispute in small claims court within VezoPay’s jurisdiction, provided the dispute falls within the court's limits and remains within its jurisdiction.

4. Mutual Arbitration Agreement

If informal resolution and small claims court are not chosen, disputes will be resolved through binding individual arbitration, except for matters related to intellectual property, agreement validity, small claims court jurisdiction, declaratory or injunctive relief, and enforcement of this agreement’s terms.

Arbitration will be administered by the AFSA, or an alternative provider if necessary, under the AFSA Rules. A written Demand for Arbitration, personally signed, is required to initiate arbitration. Both parties may request a preliminary management hearing. The arbitrator will issue a reasoned written award, and arbitration hearings will be conducted in your county of residence or a convenient location.

5. Mass Arbitrations

For coordinated claims involving more than fifty claimants, a staged arbitration process will be used, with initial selections of claims and subsequent mediations. If claims remain unresolved, parties may opt out or proceed with further staged arbitrations.

7. Opt-Out

You may opt out of arbitration within thirty (30) days of purchase or activation by sending a written notice to [email protected], including your details and product information.

8. Changes

VezoPay may modify this Agreement, with continued use of the product deemed acceptance of changes. You may reject changes within thirty (30) days by opting out.

9. Severability

Unenforceable provisions will be severed, with the remainder of the Agreement remaining valid.

11. Survival

This Agreement survives termination of product terms, your relationship with VezoPay, and product usage.