Legal & Policies - VezoPay Ring

Important Legal Information

By using this device or any other VezoPay or affiliate Product, including but not limited to wearable devices, accessories, running on any operating system ("Product"), you accept the terms of this End User License Agreement ("EULA"). The EULA is a binding legal agreement between you and VezoPay, including its Applicable Law and Arbitration Agreement. If you do not accept the terms of this EULA, do not use the Product or the VezoPay Software.

The full End User License Agreement (EULA) is also available on the VezoPay Website, in the Legal tab.

This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and VezoPay (Pty) Ltd. (“VezoPay”, “we”, “us”, “Vezo”) for hardware, and/or software whether pre-installed or downloaded, owned by VezoPay and/or its affiliated companies and its third party suppliers and licensors. This EULA, includes software, associated media, content, data, printed materials, and electronic documentation in connection with your use of the VezoPay Product, which will be defined below (“VezoPay Software”).

If you are under the age of 18, you may not license or use this software. If you are a Minor younger than 18 (“Minor”), you represent that you have reviewed this EULA with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of this EULA. If you are a parent or guardian permitting a Minor to use the Product, you agree to:

(i) supervise the Minor's use of the Product;

(ii) assume all risks associated with the Minor's use of the Product,

(iii) assume any liability resulting from the Minor's use of the Product,

(iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and

(v) assume responsibility and are bound by this EULA for the Minor's access and use of the Product.

1. Intellectual Property

All Intellectual Property, as defined below, owned by VezoPay or relating to the Product, is proprietary to VezoPay and protected under South African Law. Intellectual Property includes but is not limited to, inventions (patentable or un-patentable), patents, trade secrets, copyrights, software, computer programs, accessories, parts, and related documentation, and other works of authorship.

You may not infringe or otherwise violate the rights secured by the Intellectual Property. Moreover, you agree that you will not (and will not attempt to) modify, prepare derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to create source code from the software. No title to or ownership in the Intellectual Property is transferred to you. All applicable rights of the Intellectual Property shall remain with VezoPay.

2. Open source software

Some software components of this Product, incorporate source code covered under open source licenses.

VezoPay is not liable for performance issues or incompatibilities caused by any issues that arise from the use of any device, OS, or software not owned and controlled by VezoPay

3. Modification of software & Hardware

VezoPay is not liable for performance issues or incompatibilities caused by the modification of wearables, or the modification of the Operating System (OS) or software.

4. Grant of license

VezoPay grants you a limited non-exclusive license to install, use, access, display, and run one copy of the VezoPay Software on a single Product, local hard disk(s), or other permanent storage media of one computer. You may not make VezoPay Software available over a network where it could be used by multiple computers or Products at the same time. You may make one copy of the VezoPay Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Certain items of the VezoPay Software may be subject to open-source licenses. The open-source license provisions may override some of the terms of this EULA. We will make the applicable open source licenses available to you on the legal notices section of the Settings menu of your Product.

5. Reservation of rights and ownership

VezoPay reserves all rights not expressly granted to you in this EULA. Copyright and other intellectual property laws and treaties protect the VezoPay Software, and hardware. VezoPay, the title copyright, and other intellectual property rights in the VezoPay Software. The VezoPay Software is licensed, not sold.

6. Limitations on end-user rights

You shall not, and shall not enable or permit others to, copy reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the VezoPay Software nor hardware (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation).

You may not modify or disable any features of, the VezoPay Software or Hardware, or create derivative works based on the VezoPay Software or Hardware. You may not rent, lease, lend, sublicense, or provide commercial hosting services with the VezoPay Software. You may not transfer this EULA or the rights to the VezoPay Software granted herein to any third party unless it is in connection with the sale of the Product which the VezoPay Software accompanied. In such event, the transfer must include all of the VezoPay Software (including all component parts, the media and printed materials, any upgrades, and this EULA) and you may not retain any copies of the VezoPay Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the VezoPay Software must agree to all the EULA terms. Where Product is being used by your employee or other person using the Product as part of your undertaking (“Your Staff”), that member of Your Staff is licensed to use the VezoPay Software or Hardware as if it were you and must comply with these terms on the same basis. Any failure to comply with these terms by Your Staff shall be deemed to a failure to comply with these terms by you.

7. VezoPay Software Updates

VezoPay may make available "Updates" as defined below, after you initially obtain the VezoPay Software. Updates are defined to include upgrades, supplements, add-on components, bug fixes, revisions, deletions, enhancements, and improvements to the VezoPay Software and related services. This EULA applies to any Updates unless we provide other terms along with such Updates. To use VezoPay Software provided through Updates, you must first be licensed for the VezoPay Software identified by VezoPay as eligible for Updates.

Your device may download certain Updates automatically from time to time through Wi-Fi or other network connection. You may change the settings in your device to manually download Updates, however, given the importance of receiving Updates for security or safety-related software in a timely manner, to resolve critical problems reported to VezoPay, to defend against certain new threats and vulnerabilities, and to provide the latest functionality, these Updates may be automatically downloaded and installed which may limit the usage of some software and/or hardware. Where an Update will materially alter the VezoPay Software, VezoPay (Via your device’s application will provide you with notice of the Update, where practical. Updates may result in data consumption, and we recommend you switch to a free Wi-Fi or free network connection to avoid any unintended data charges. We recommend you check the availability of any new updates periodically for optimal use of your product and device.

The services and/or features provided by Wearable Devices may vary or be limited depending on your country, Device model.

The Wearable Device and Application may contain, or may be compatible with certain Software. Wearable Device is not intended to be treated as a medical device nor replace the relationship between you and your physician or other medical provider. Do not disregard professional medical advice, nor delay seeking such advice.

VezoPay is not liable for any injuries, damages, losses, and/or costs suffered by users, that are associated with the services and/or information, including recommendations, guidelines, nor for the accuracy of any information provided or acquired by or accessed through VezoPay Software.

8. Consent to use of data

Privacy Policy: Collection of data using software or applications on your device will be performed in accordance with the provisions of this section and as set forth in VezoPay’s Privacy Policy. For your reference, VezoPay’s Privacy Policy can be viewed at:

https://vezopay.com/privacy-policy/

To provide Updates, you agree that VezoPay and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, customer code, access recording, your device's current software version,Batch ID, Token ID. VezoPay may use this information to improve their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

Diagnostic and Usage Data: If you opt into diagnostic and usage collection, VezoPay and its affiliates may collect maintain, process, and use diagnostic, technical, and usage-related information (“Diagnostic and Usage Data”), that is gathered to provide and improve VezoPay products and services, facilitate the provision of Updates, product support, and other services to you, if any, related to the VezoPay Software and/or Hardware, and to verify compliance with the terms of this License. VezoPay may use this information for the purposes described above and in accordance with its Privacy Policy available at the hyperlink above.

Location Data: As described in the VezoPay Privacy Policy, available for viewing at the hyperlink above, VezoPay and its partners, licensees, and third-party developers may provide certain services that rely upon location information, such as your device’s GPS signal or information about nearby Wi-Fi access points and cell towers that may be transmitted to us, with your consent, when you use such location-enabled services.

9. Internet access

Some features of the VezoPay Software may require your Device and/or Product to have access to the Internet and may be subject to restrictions imposed by your network or Internet provider. Unless your Device and/or Product is connected to the Internet through a Wi-Fi connection, the VezoPay Software will access the Internet through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the VezoPay Software may be affected by the suitability and performance of your device hardware or data access.

10. Export Restrictions

You acknowledge that VezoPay Software and Hardware is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to VezoPay, including all the applicable export restriction laws and regulations.

11. Termination

This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from VezoPay if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the VezoPay Software and Hardware. Your obligations under this EULA and the provisions of the Limitation of Liability shall survive any such termination.

12. Third-party materials

Certain third-party applications or services may be included with, or downloaded to your Product. Such third-party applications or services may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the VezoPay Software and/or Hardware, you acknowledge and agree that VezoPay is not responsible for the availability of such Third Party Materials and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such Third Party Materials.

You expressly acknowledge and agree that the use of Third Party Materials is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy, and effort is with you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Materials), in any manner, and you shall not exploit the Third Party Materials in any unauthorized way whatsoever, including but not limited to, using the Third Party Materials to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use the Third Party Materials in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that VezoPay is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Third Party Materials. References on this Product to any names, marks, products, or services of any third parties are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services. You acknowledge and agree that the use of any Third Party Materials is governed by such Third Party Materials provider’s terms of use, license agreement, privacy policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such Third Party Materials provider, will be subject to such Third Party Materials provider’s privacy policy if such a policy exists. This EULA will not affect your legal relationship with such third-party providers.

VEZOPAY DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD-PARTY MATERIALS 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.

13. Digital certificate

You acknowledge and agree that you are solely responsible for your decision to rely on a digital certificate issued by VezoPay or a third party and your use of such certificate. VezoPay makes no express or implied warranties or representations as to merchantability or fitness for any particular purpose, accuracy, security, or non-infringement of third-party rights with respect to digital certificates.

14. Limitation of liability

VEZOPAY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE VEZOPAY SOFTWARE/HARDWARE OR ANY THIRD-PARTY APPLICATION, ITS CONTENT, OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF VEZOPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU AGREE THAT YOU WILL USE THE SOFTWARE/HARDWARE PRODUCT AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR SOME OTHER TYPES OF LOSS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, VEZOPAY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE VEZOPAY SOFTWARE/HARDWARE OR THIRD PARTY APPLICATIONS ON A MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS WEARABLE, DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS WEARABLE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

15. Applicable law

This EULA shall be governed by and interpreted in accordance with the laws of the Republic of South Africa without reference to its conflict of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. VezoPay may apply for injunctive remedies (or an equivalent form of urgent legal relief) in any jurisdiction.

16. Dispute Resolution Agreement

This End User License Agreement includes a binding Dispute Resolution Agreement, which includes an arbitration provision. The Dispute Resolution Agreement can be found at https://Vezopay.com and is incorporated herein. Please review the Dispute Resolution Agreement carefully. It affects your rights. There is a limited 30-day right to opt out of the arbitration provision. If a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference, if requested), Vezopay and its customers agree to address the dispute through binding individual arbitration (unless customers have timely opted out of the provision) or in small claims court where the customers reside. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. There is no judge or jury in arbitration and the arbitrator applies the same law and can award the same individual remedies as a court. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.

17. Entire Agreement; Severability

This EULA is the entire agreement between you and VezoPay relating to VezoPay Software/Hardware.

VezoPay’s End User License Agreement (“EULA”) is a legal agreement between you and VezoPay (Pty) Ltd. By using this device or any other VezoPay Product, you accept the terms of this EULA. If you do not accept these terms, do not use the Product or the VezoPay Software/Hardware.

18. Use by children

Children or other persons requiring supervision can accidentally choke on small device components or parts.

Keep out of the reach of Children under the age of 6

If a child or other person tries to suck on or bite the device, this can puncture the housing of the device and lead to water damage or irreparable device damage.

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.