Stoovo

Contact website owner:

Hantz Fevry

610 east weddell drive Sunnyvale California 94089

hi@stoovo.com

Terms of Service

Effective Date: 12/12/2016

Thank you for using Stoovo. These Terms of Service (the "Terms") govern your use of the Stoovo mobile application, SMS messaging service, social media accounts, Stoovo.com, and other affiliated websites (collectively, the "Service"). These Terms are an enforcement contract between you and the owner of the Service, Stoovo, Inc. (the "Company"). By accessing, using, registering for, or otherwise visiting the Service in any way, you agree to be bound by these Terms in full. You agree not use or access any portion of the Service unless you agree to these Terms. Use of the Service You agree to use the service solely for yourself and not on behalf of any other person or entity. As used in these Terms, "you" refers to you individually. By using the Service, you represent and warrant that you are at least 18 years of age and have the authority and capacity to enter into the Terms. In addition, you agree that all information to submit to the Service or the Company will be truthful, complete, and accurate in all respects, and will be maintained as such. Under no circumstance will you use the Service to: post, transmit, or share anything which, in the sole discretion of the Company, is illegal, illicit, offensive, or defamatory; circumvent, disable, damage, or impair the Service, the Company's networks, or the ability of any other person to use the Service; or violate the rights, including intellectual property rights, of any other person. You will not use the Service in any way that is illegal or prohibited in your jurisdiction. You agree not to crawl, spider, index, decode, reverse engineer, or decompile the Service. Provided that you abide by these Terms in full, the Company grants to you a limited, non-transferable, non-exclusive, non-sublicenseable and personal license to use the Service solely for its intended purposes. The Company may disable or restrict your access to the Service at any time. The Company reserves the right to discontinue or modify the Service at any time without notice. You agree that under no circumstance will the Company be responsible to you for any discontinuation or modification of the Service.

Modification of Terms

The Company reserves the right to replace or modify these Terms at any time by updating this document and notifying you in the application or through a message delivered to your phone. Your continued use the Service after the update will constitute your acceptance of the revised Terms. The most recent effective date of the Terms will appear at the top of the Terms.

User Account

You will be required to create a user account with the Service (the "User Account") in order to access certain features of the Service. If you create a User Account, you agree to keep your login credentials confidential at all times. You further agree that under no circumstance will the Company be liable for any breach of the security of your User Account whatsoever. Either you or the Company may terminate your User Account at any time and without notice.

Financial, Budgeting and Bill Payment Services

The Service may provide general financial information, including (but not limited to) currency rates, stock quotes, and other financial information. This information may be accessed through the downloadable application, an SMS messaging service, or Facebook. Financial information may be delayed, inaccurate, or inapplicable for your specific circumstances. You should seek the advice of a financial professional before entering into any financial transaction. The Service may provide budgeting and spending analysis services (the "Budgeting Services") to users through the downloadable application. You will be required to grant the Service access to your bank accounts, utility accounts, credit cards, and other payment and financial services in order to utilize the Budgeting Services. Please review our Privacy Policy for additional information regarding how the Company accesses, uses, stores, and shares your personally identifiable information. The Budgeting Service is not intended to be, nor should it be relied upon as, financial advice. Rather, the Budgeting Service is provided as a general informational tool. In addition, the Service may provide you with a Financial Health Index, which will project budget variances and offer general financial information and tips. These tips are generally applicable and may not be applicable for your specific situation. You are encouraged to consult with a financial professional before making any financial decision. The Service may provide a bill payment service that allows you to make payments to certain third party payees (the "Bill Payment Services"). The Bill Payment Services are provided through the Company, which is a licensed money transmitter in required states. You may only use the bill Payment Services if you represent, warrant, and covenant that: you are an individual residing in the United States; you will only use the Bill Payment Services for consumer use and on behalf of yourself personally, and not on behalf of any other person or any business or commercial account; and You will not use the Bill Payment Services in any way that violates the payment terms of any bill. In order to use the Bill Payment Services, you may need to provide us with your account login information for third party service providers you choose (such as account passwords and usernames) and any information necessary for us to access your accounts with such service providers (the "Bill Payment Access Information"). By using the Bill Payment Services, you expressly authorize the Company to access the Bill Payment Access Information, on your behalf and as your agent, solely for the purposes of providing the Bill Payment Services and related services to you. The company may charge processing fees for the Bill Payment Services (the "Bill Payment Fees"). You agree to pay any fees for the Bill Payment Services you use or subscribe to as described on the Service and as further described herein. By initiating a payment through the Bill Payment Service, you authorize the Company to debit the account that you have designated as the account from which bills will be paid (the "Bill Payment Account"). You agree to maintain a balance in your Bill Payment Account sufficient to fund all payment requests. You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email/physical address or telephone number of the recipient (the "Payee"), and the amount of the transaction. You represent and warrant that the Company is permitted to send communication to the Payee on your behalf in connection with the Bill Payment Services. You agree to inform the company if a Payee withdraws its consent to receiving text messages from you. The Company may refuse to make any payment in its sole discretion. In addition, the Company will not process payments if your Bill Payment Account lacks sufficient funds to pay all Payees in any payment cycle. The Company may, but is not obligated to, notify you if this occurs. You acknowledge and agree that certain Payees may limit the ability of third party payment providers such as the Service. In such an instance, the Company may not be able to process the Bill Payment Service as it pertains to that Payee and no payment will be made. The Company may, but is not obligated to, notify you if this occurs. You agree to confirm compatibility with all Payees. By using the Bill Payment Services, you agree that: you will immediately reimburse the Company if the Company transmits any payment on your behalf without sufficient funds debited from your Bill Payment Account; and you will immediately reimburse the Company for any fees imposed on the Company as a result of any transaction. Under no circumstance will the Company be responsible for any insufficient fund charges, late fees, overdraft fees, or over-the-limit fees. Under no circumstance will the Company be responsible for: payments initiated beyond the due date cutoff time by you; payments not received due to technical error; payments you mistakenly make more than once; or inaccurate Payee or payment information. You may not be able to cancel a payment to a Payee once initiated. Please initiate payments carefully. You acknowledge that some transactions may not be credited to your account immediately and that reasonable delays may occur. When you send a payment to certain Payees, the payment may be treated as an authorization to the Payee to process your payment and complete the transaction. Some Payees may delay processing your payment, in which case the payment may be held as pending until the Payee processes your payment and your payment authorization will remain valid for up to 30 days. You agree to submit payment instructions at least 7 business days prior to the due date for the applicable bill. It is solely your responsibility to submit payments so they arrive by the due date. The Company does not send statements showing payments made. The transactions will appear only on the statement issued by your bank or other financial institution.

Job Postings

The Service may make available job postings and freelance opportunities ("Opportunities") from our third party freelance job posting partners ("Freelance Partners"). The Opportunities are not provided by the Company and the Company is not affiliated with any third party offering any Opportunity. You may apply for any Opportunity through the Service or by interfacing with the Freelance Partners as instructed in the Service. The Service functions are a marketplace and any agreement to complete an Opportunity will be made solely through the Freelance Partner or the respective third party offering such opportunity. Before applying for any Opportunities, you will be required to create a virtual payment wallet with the third party payment provider selected by the Company. By accepting an Opportunity, you agree to pay to the Company an irrevocable, lifetime commission equal to 10% of all gross earnings made through the Opportunity or any Successor Opportunity (the "Opportunity Fee"). To facilitate collection of the Opportunity Fees, you agree to only pursue Opportunities as instructed through the Service and to receive payment through the third party virtual payment wallet selected by the Company. You agree that the Company may deduct the Opportunity Fee from any payment you receive for any Opportunity. For purposes of these Terms, "Successor Opportunity" shall mean any Opportunity materially similar to the Opportunity and offered by the same third party offering the Opportunity. You agree not to circumvent the Service by pursuing any Opportunity other than through the Service or by failing to pay the Opportunity Fee. Under no circumstance will the Company be responsible for any liability or loss associated with any Opportunity. You acknowledge that the Company does not screen all Opportunities, even if some Opportunities are suggested to you.

No Financial Advice

The Company and its affiliates, including the third parties who may provide content for the Service, do not provide financial, tax or accounting advice. The Service's content is provided for informational and educational purposes only, and is not intended to provide, and should not be relied on for, financial, tax or accounting advice. You should consult your own financial, tax and accounting advisors before engaging in any transaction. Intellectual Property

Intellectual Property

You acknowledge that any intellectual property used on the Service or by the Company is property of its respective owners or licensors and that no license, assignment, or sale of intellectual property has been made or offered to you. You agree not to use any of the intellectual property associated with the Service or Company, or derivatives thereof, including the name "Stoovo," for any purpose other than those expressly permitted in these Terms. The Company retains full rights to all intellectual property.

NO WARRANTIES

THE SERVICE AND ALL CONTENT THEREIN IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," "WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, TITLE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, "COMPANY AFFILIATES") DO NOT WARRANT THAT: (I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) THE SERVICE WILL BE FREE OF ERRORS, (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (V) ANY DATA YOU TRANSMIT TO OR FROM THE SERVICE WILL BE SECURE AND UNABLE TO BE INTERCEPTED. YOU AGREE TO USE THE SERVICE SOLELY AT YOUR OWN RISK. LIMITATION OF LIABILITY IN NO EVENT SHALL THE COMPANY OR THE COMPANY AFFILIATES BE LIABLE UNDER ANY THEORY OF RECOVERY, WHETHER SOUNDING IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, ERRORS, VIRUSES, GLITCHES, OR TROJAN HORSES OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $100.00 IN THE AGGREGATE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS RELATED TO ANY LATE BILL PAYMENT THROUGH THE SERVICE, FOR ANY DAMAGE CAUSED BY ANY OPPORTUNITY, OR FOR YOUR RELIANCE ON ANY INFORMATION FOUND ON THE SERVICE.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and the Company Affiliates from and against any and all claims, losses, liabilities, damages, or payments relating to, or arising from, your (i) use of the Service, (ii) breach of these Terms or (iii) pursuit of any Opportunity. Terms applicable to Apple users If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you: The parties acknowledge that by accepting this Terms, you are granted a non-transferable license to use the Service on devices you own or control (including any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service). The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. The parties acknowledge that the Company is solely responsible for addressing any claims relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The parties agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Terms, and that, upon your acceptance of this Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Additional Terms

The Terms and your use of the Service shall be governed exclusively by the laws of the state of Delaware and the United States. You agree that any dispute arising hereunder, or relating to the Terms, shall be brought exclusively in the state or federal courts having jurisdiction in the state of Delaware. The parties agree to waive their right to participate in any class or group litigation or arbitration of any kind. Notwithstanding the terms of this Section 11(d), each party retains the right to bring an individual action to seek injunctive or other relief in a court of competent jurisdiction to prevent (1) the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights or (2) actual or threatened tortious interference with a business relationship or contract. The Service provides SMS messaging features. By signing up for the Service or sending an SMS message to the service, you expressly agree to receive administrative and promotional SMS messages from the Company and agree that you have electronically signed your name to that effect. Standard text messaging rates may apply. You agree to be solely responsible for any text messaging fees incurred. The Company may provide you with email messages regarding the Company and the Services. This may include periodic or requested reports generated by the Service. You hereby consent to receive these emails. You may opt out of most emails by following the opt-out instructions contained in the respective email. You may not be able to opt-out of administrative Service messages without terminating your Account. These Terms, coupled with the Privacy Policy, comprises the complete and entire agreement between you and the Company regarding the use of the Service and any services of the Company. If any provision of the Terms is held invalid, the remainder of the Terms shall continue in full force and effect to the maximum extent allowed by law. Any delay or failure of the Company to exercise or enforce any portion of the Terms shall in no way constitute acquiescence or a waiver of rights. You may not assign the Terms without the express written consent of the Company. The Company may freely assign these Terms in connection with any merger, sale, or reorganization of the Company or its assets. You agree to the applicable Stoovo Privacy Policy, and any changes published by Stoovo. You agree that Stoovo may use and maintain your data according to the Stoovo's Privacy Policy, as part of the Services. You give Stoovo permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Stoovo services. For example, this means that Stoovo may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions. Stoovo may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law. Stoovo does not guarantee that it will find you or match you with a job opportunity The Company encourag es your feedback and questions. Please contact us at [hi@stoovo.com].