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INFORMATION COLLECTION

These terms govern your use of the CodeCash app (the “App”).

INFORMATION YOU PROVIDE TO ENCODE

  • In an attempt to deter terrorism and money laundering, Encode Inc. (“Encode”), the owner of the App, follows a strict policy of identifying all users of the App. Encode will collect the following information from all people creating an account on the App and cross-check said information with the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control (“OFAC”) of the United States Department of the Treasury and any and all other appropriate lists maintained by OFAC:
  • Name
  • Date of Birth
  • Street Address
  • Social Security Number.
  • No one may open an App account if their identity cannot be confirmed by Encode or if they are prohibited from doing so by OFAC.
  • Encode will collect additional information that identifies you as a specific individual and can be used to contact or identify you, such as your photograph, email address, company address and telephone number (such additional information and the information described above, “Personal Information”).
  • Personal Information also includes the banking account and/or debit card number you use as your funding source for payment made and received through the App.
  • Encode may request documents to verify Personal Information, such as a copy of your government-issued identification, a photo or a billing statement.
  • You will have the opportunity to create a user profile (“Profile”) which will give you the option of including Personal Information. Your Profile may be visible to all CodeCash users and the general public subject to the privacy choices you make within your Profile. If, in any case, you believe that an unauthorized Profile has been created about you, you can request for it to be removed by contacting CodeCash customer support.
  • Encode may provide you the opportunity to post comments, questions and other content (collectively, “User Forum Content”) publicly in forums and on blogs (“Community Forums”). Your name and Profile may be publicly displayed along with your User Forum Content. Note that any User Forum Content you post to a Community Forum is public — others will have access to your User Forum Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information in your User Forum Content or use Community Forums to link to your Profile, that information will be considered public information and the protection of this Privacy Policy will not apply.
  • Encode does not knowingly collect Personal Information from anyone younger than age 18. If Encode becomes aware that a child younger than 18 has provided Encode with Personal Information, Encode will use commercially reasonable efforts to delete such information from its files. If you are the parent or legal guardian of a child younger than age 18 and believe that Encode has collected Personal Information from your child, please contact us at legal@codecash.com.
  • Encode may aggregate information collected from Encode registered and non-registered users (“Users”).
  • Encode also may collect other information, such as zip codes, demographic data and information regarding your use of the App (“Non-Identifying Information”). Encode considers usernames to be Non-Identifying Information. Usernames are made public through the App and are viewable by other Users.
  • In some cases, Encode may render Personal Information (generally, email addresses) into a form of Non-Identifying Information referred to in this Privacy Policy as “Hashed Information.” This is typically accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but it may be used to connect your activity and interests.
  • Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your viewing preferences). Encode may combine your Personal Information with Non-Identifying Information, but Encode will treat the combined information as Personal Information.
  • Encode collects feedback from Users about their experience with the App and other Users. Please note that any feedback you provide or feedback provided about you may include Personal Information and will be publicly viewable via the App. You have no obligation to provide feedback to Encode.

INFORMATION YOU PROVIDE TO ENCODE

  • Encode and its third-party service providers, including analytics and third-party content providers, may automatically collect certain information from you whenever you access or interact with the App. This information may include, among other information: the browser and operating system you are using; the URL or advertisement that referred you to the App; the search terms you entered into a search engine that led you to the App; areas within the App that you access; and the location of and internet protocol address or other unique device identifier for any device (computer, mobile phone, tablet, etc.) used to access the App. Encode may combine this automatically collected log information with other information Encode collects about you. Encode does this to improve services it offers you, its marketing, its analytics and the functionality of the App.

The technology used to automatically collect information about you may include the following:

Cookies:

  • A cookie is a small data file that is transferred to your device’s hard disk for record-keeping purposes. Encode uses both persistent cookies that remain on your device (such as to save your registration ID and login password for future logins to the App and to track your compliance with the CodeCash Terms of Use) and session ID cookies, which expire at the end of your session (for example, to enable certain features of the App, to better understand how you interact with the App and to monitor aggregate usage and traffic). You may be able to instruct your mobile device, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie. If you do not accept cookies, however, you may not be able to use all functionality of the App.

Web Beacons:

  • Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including without limitation to count visitors to a website, to monitor how users navigate a website, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed. Encode and its marketing partners, affiliates, analytics, and service providers may use web beacons and similar technology to help Encode keep track of what portions of the App are effective as well as to send relevant advertising to you.

Embedded Scripts:

  • An Embedded Script is programming code that is designed to collect information about your interactions with the App, such as the links you click on. The code is temporarily downloaded onto your device and is deactivated or deleted when you disconnect from the App.
  • Encode and its marketing partners, affiliates and service providers may use a variety of other technologies, including without limitation technologies that collect information for security and fraud detection purposes.

CREDIT CARD AND BANKING INFORMATION

Electronic Fund Transfers (EFTs) and Account Balances

  • CodeCash partners with financial services software company xxxxx and banking services provider xxxxxx, member FDIC, to offer you electronic fund transfers (EFTs). When you create a CodeCash account, link a bank account, or initiate an EFT, you are authorizing us to share your identity and banking information with xxxxx and xxxxx to support your account. You are also agreeing to the terms of xxxx privacy policy, https:/// and ,xxxxx privacy policy, https://, and xxxxxx’s communications consent and disclosure, https:// (the “Partner Terms”). It is your responsibility to make sure the data you provide us is accurate and complete, which is necessary for our partners to process EFTs on your behalf. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into this Privacy Policy. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR CODECASH ACCOUNT, INCLUDING BUT NOT LIMITED TO USE OF YOUR PERSONAL INFORMATION.
  • To process payments on CodeCash, Encode needs to share some of your Personal Information with the person or company that you are paying or is paying you. Your contact information, date of sign-up, the number of payments you have received and other verification metrics like social graph activity may be provided to users or companies when you transact with, on, or through CodeCash.
  • Encode works with vendors to enable them to accept payments from you using the App. In doing so, a vendor may share information about you with Encode, such as your mobile phone number or App username, when you attempt to pay that vendor. We use this information to confirm to that vendor that you are a CodeCash customer and that the vendor should enable CodeCash as a form of payment for your purchase.
  • Regardless, Encode will not disclose your debit card number or bank account number to anyone you have paid or who has paid you through the App, except with your express permission or if we are required to do so to comply with a subpoena or other legal process
  • As indicated by a Self-Assessment Questionnaire, Encode is in compliance with the data security standards established by the Payment Card Industry Security Standards Council.

INFORMATION ENCODE RECEIVES FROM THIRD PARTIES

Encode also may receive information about you from third parties. For example, Encode may supplement the information it collects with outside records, or third parties may provide information in connection with a co-marketing agreement at your request. If Encode combines the information it receives from others with information Encode collects through the App, Encode will treat the combined information as Personal Information.

INFORMATION ENCODE RECEIVES FROM SOCIAL NETWORKING SERVICES.

  • You may create an Encode account using a third party social networking service such as Facebook or LinkedIn (an “SNS”). If you choose to register via an SNS, or to later link your Encode account with an SNS, Encode will use the Personal Information you have provided to the SNS to create and/ or maintain your Encode account. Encode has no responsibility for the Personal Information Encode obtains about you through an SNS.
  • If you choose to “like” or share content and/or transactions via an SNS, your interactions with that third party SNS are governed by the respective privacy policies of those third parties and Encode has no responsibility for the use of your Personal Information by any third party SNS.
  • If you link your Encode account with an SNS or share Encode content via an SNS, you represent that you are entitled to use your SNS account for those purposes without obligating Encode to pay any fees or making Encode subject to any usage limitations imposed by such SNS.
  • You can disable the link between your Encode account and your SNS account at any time though the “Settings” section of your account.

USE AND RETENTION OF INFORMATION:

Encode uses information it collects:

  • To provide and improve the App, complete your transactions, address your inquiries, process your registration, verify that the information you provide Encode is valid
  • To contact you with administrative communications and Encode newsletters, marketing or promotional materials (on behalf of Encode or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from Encode, please follow the instructions in the Opting Out section of this policy below;
  • To tailor content Encode displays to you and offers Encode may present to you, both on the App and elsewhere online;
  • To administer and develop the business relationship between Encode and you and, if applicable, the corporation or other legal entity you represent;
  • To enforce and comply with the law, including without limitation to conduct an investigation, to protect the property and rights of Encode and/ or third parties, to protect the safety of the public or any person, or to prevent or stop activity Encode may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity; and
  • For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.
  • UNLESS YOU REQUEST THAT ENCODE DELETE CERTAIN INFORMATION, ENCODE RETAINS THE INFORMATION IT COLLECTS FOR AT LEAST 5 YEARS AND MAY RETAIN THE INFORMATION FOR AS LONG AS NEEDED FOR THE BUSINESS AND LEGAL PURPOSES OF encode

INFORMATION SHARING AND DISCLOSURE:

  • Encode may share and/ or disclose Non-Identifying Information (including, without limitation, Hashed Information) with third parties. Encode does not share your Personal Information with third parties for those third parties’ marketing purposes unless Encode first provides you with the opportunity to opt-in to or opt-out of such sharing. Encode may also share the information it has collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as otherwise described in this Privacy Policy or in the following circumstances:
  • Encode may employ third party companies and individuals to facilitate the App and to perform App-related services (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of App features) or to assist Encode in analyzing how the App is used. These third parties may have access to your Personal Information in order to perform these tasks.
  • You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties through the App. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party and will be subject to the privacy policy and practices of that third party. Encode is not responsible for the privacy policies and practices of third parties, and if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of an SNS or similar interactive feature or third party application, that Encode share information about you with a third party and Encode will typically do so under those circumstances.
  • Encode will share information with government agencies as required by law, including without limitation in connection with reporting earnings. Encode cooperates with government and law enforcement officials and private parties to enforce and comply with the law. Encode will disclose information about you (including Personal Information) to government or law enforcement officials or private parties as Encode, in its sole discretion, believes necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of Encode and/ or third parties, to protect the safety of the public or any person, or to prevent or stop activity Encode may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity.
  • Encode may share information, including Personal Information, with its affiliates, primarily for business and operational purposes. Encode may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including without limitation, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy. You will be notified via email and/or a prominent notice on the App of any change in Encode ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
  • Encode may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES

Encode works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide Encode with information regarding App usage; to serve Encode advertisements on other web sites, within mobile apps and elsewhere online; and to provide Encode with information regarding the use of the App as well as the effectiveness of advertisements. Encode service providers may collect certain information about your activity on the App as well as other apps, websites and/or services; they may set and access their own tracking technologies on your device; and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you use the App or other online websites and services. Encode may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to Encode

YOUR CHOICES AND OPTING OUT

  • Registered CodeCash users may update their choices regarding the types of communications they receive from Encode through their accounts. You also may opt-out of receiving marketing emails from Encode by following the opt-out instructions provided in those emails. Please note that Encode reserves the right to send you certain communications relating to your account or use of the App (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications.
  • Registered CodeCash users may, with permission, receive push notifications. Similarly, registered CodeCash users who access the App by using certain desktop browsers may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser. You may opt-out of receiving text messages by replying “STOP” to any text message received.
  • While Encode may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”), self-regulating organizations which set and enforce standards for online advertising. Both of these organizations provide “opt-out” procedures. Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.

CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT

  • Upon request Encode will provide you with information about whether Encode holds any of your Personal Information. You are responsible for maintaining the accuracy of the information you submit to Encode, such as your contact information. You may access, correct, or request deletion of your Personal Information by making updates to that information or by contacting Encode through your account. If you request to access all Personal Information you’ve submitted, Encode will respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the App. If you would like Encode to delete your account, you can do so through the App.
  • Encode will use commercially reasonable efforts to honor your request to delete your Personal Information; however, certain information will actively persist on the Encode servers even if you close your account. In addition, your Personal Information may remain in the archives of Encode, and information you update or delete, or information within a closed account, may persist internally or for the administrative purposes of Encode. It is not always possible to completely remove or delete information from the Encode databases. In addition, Encode typically will not remove information you posted publicly. Bear in mind that neither you nor Encode can delete all copies of information that has been previously shared with others.

SECURITY

Encode takes commercially reasonable steps to help protect and secure the information it collects and stores about CodeCash users. All access to the App is encrypted using industry-standard transport layer security technology (TLS). When you enter sensitive information (such as a tax identification number), Encode encrypts the transmission of that information using secure socket layer technology (SSL). Encode also uses HTTP strict transport security to add an additional layer of protection for App users. But remember that no method of transmission over the internet, or method of electronic storage, is 100% secure. Thus, while Encode strives to protect your Personal Information, Encode cannot ensure and does not warrant the security of any information you transmit to Encode.

NO INTERNATIONAL USE

  • The App is not available to users who are not residents of the United States.
  • As the App is not available to users who reside in the European Union and/or Switzerland, Encode is not obligated to comply with the General Data Protection Regulation promulgated by the European Commission.

LINKS TO OTHER SITES

The App may contain links to third-party websites. If you choose to click on a third-party link, you will be directed to that third party’s website. The fact that the App links to a website is not an endorsement, authorization or representation of any affiliation between Encode and that third party, nor is it an endorsement of their privacy or information security policies or practices. Encode does not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Encode encourages you to read the privacy policies or statements of the other websites you visit.

PHISHING

Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Encode. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be Encode, please report it to customer support.

CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

If you are a resident of the State of California, under the California Consumer Privacy Act (CCPA), you have the right to request information on how to exercise your disclosure choice options from companies conducting business in California. Specifically:

Exercising the Right to Know. You may request, up to twice in a 12-month period, the following about the personal information collected on you in the past 12 months:

  • the categories and specific pieces of personal information we have collected;
  • the categories of sources from which we collected the personal information;
  • the business or commercial purpose for which we collected it;
  • the categories of third parties with whom we shared the personal information; and
  • the categories of personal information about you that we disclosed for a business purpose.
  • Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
  • Exercising the right to opt-out from a sale. You may request to opt out of any “sale” of your personal information that may take place.
  • Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.
  • To submit a request to exercise any of the rights described above, you may contact CodeCash either via email to info@codecash.com
  • Please indicate your preference as to how you would like us to respond to your request (i.e., email or postal mail). All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or postcard and clearly stated on the actual request. For all requests, please include your name, street address (if you would like a response via postal mail), city, state, and zip code. We may need to verify your identity before responding to your request, such as verifying that the email address or contact information from which you send the request matches your email address or contact information that we have on file. Authentication based on a government-issued and valid identification document may be required. We will not accept requests via telephone or fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

CHANGES TO THIS POLICY

Encode may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way Encode treats your Personal Information, Encode will display a notice through the App prior to the change becoming effective. Encode may also notify you of any such change by email, in the sole discretion of Encode.

CONTACT US

If you have any questions about this Privacy Policy, please contact customer support or send your questions by email addressed to: info@codecash.com

Last Updated: October 13, 2021.

CODECASH GENERAL TERMS OF USE

The CodeCash App allows you to use a personal Quick Read Code, or QR Code, to pay for goods and services.

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the CodeCash service (the “App”). 

These terms govern your use of the App. By using the App, you represent that you have read these Terms of Use, that you understand these Terms of Use, that you agree to these Terms of Use and that you acknowledge that Encode, Inc. (the “Company”), the owner of the App, will rely on those representations. 

The Company may, in its sole discretion, amend these Terms of Use at any time by posting a revised version on the App and/or on the Company website, provided that if the amendment includes an increase in the fees charged for use of the App, the Company will provide at least 30 days’ advance notice of such change. Any revisions to these Terms of Use will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”). Your continued use of the App after the Effective Date of a revised version of these Terms of Use constitutes your acceptance of and agreement to be bound by the Terms of Use as revised.  

The Privacy Policy contained in this App or website governs any personal information you provide to the Company through the App. By using the App, you represent that you have read the Privacy Policy, that you understand the Privacy Policy, that you agree to the terms of the Privacy Policy and that you acknowledge that the Company will rely on those representations.

IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE SERVICES AND/ OR THE SOFTWARE.  

1. Access to the App.

1.1 To access the App, you must:

  • Be a resident of the United States; 

  • Be 18 years of age or older (or between the ages of 13-17 with valid permission and signature of a legal guardian).;

  • Use the App only within the United States; 

  • Have a valid email address; 

  • Create your CodeCash account with a cellular/wireless telephone number that belongs to you;

  • Have a mobile device that operates on a platform such as Android, Windows, or Apple, which has the ability to display QR codes;

  • Have a default funding source to use for making payments through the App (i.e., a bank account or an eligible debit card); and 

  • Have a mobile telephone service. 

1.2 The Company may change the requirements listed in Section 1.1. from time to time. 

1.3 If you are agreeing to the Terms of Use on behalf of an entity, you represent that you have the authority to bind that entity and that you acknowledge that the Company will rely on that representation. In that event, the words “you” and “your” in these Terms of Use will refer to that entity.

1.4 By providing the Company a telephone number, you consent to receiving SMS, text, autodialed and prerecorded messages from the Company should the need arise.

1.5 You hereby authorize the Company to make any and all inquiries the Company deems necessary in its sole discretion to authenticate your identity and/or your account information.

1.6 The Company may also offer you the ability to set up a business profile within your personal CodeCash account, which you can use to receive payments for the sale of goods and services. This feature is offered in the Company’s sole discretion and may not be available to all users. In the event that you opt to utilize a business profile within the App, you acknowledge and agree that you shall be responsible for the payment of any local, state and/or federal taxes associated with the use of such business profile and/or account.

2. Relationship with the Company.

2.1. You expressly acknowledge, agree, and understand that:

2.1.1. The Company is a facilitator of financial transactions between third parties;

2.1.2. The Company is not a party to agreements between users of the App; and

2.1.3. The Company makes no representations as to the reliability, capability, or qualifications of any user of the App.

2.2. With your permission, the Company may provide to merchants your name, address and email address. In the event that you do not grant the Company permission to provide such information, you agree that the Company may share your username and avatar with merchants. Notwithstanding, you expressly acknowledge and agree that Company may share any information with Stripe (defined in Section 6 below) or other third-parties required under stripe’s terms of service as further described in Section 6 below.

3. Third Parties.

3.1. These Terms of Use constitute an agreement between you and the Company; there are no third parties to this agreement. Your use of the App may be subject to additional third-party agreements including, without limitation, with your mobile service provider, your mobile device operating system provider and your mobile device provider.

3.2. You agree to comply with any and all applicable third-party agreements when using the App.

4. The Company’s Intellectual Property.

4.1. The App is legally protected in various ways, including, without limitation, copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to not to infringe upon any and all of the Company’s copyrighted, trademarked, service marked and/or patented information contained within the App. You also epressly agree not to change, translate, decompile, reverse engineer, extract source code or otherwise create works derivative of the App.

4.2. The Company (and its licensors) remains the sole owner of all right, title, and interest in the App, under copyright and otherwise; and the Company reserves any and all rights in and to the App not expressly granted under these terms, under copyright and otherwise.

5. Upgrades and Modifications.

5.1. If you download or use the App on your mobile device, you agree that from time to time, the App may download and install upgrades, updates and additional features from the Company in order to improve, enhance, and further develop the App.

5.2. The Company may modify, update, or discontinue the App (including any of their portions or features thereof) at any time without liability to you or anyone else. However, the Company will make reasonable effort to notify you before any such change is made.

6. Electronic Fund Transfers (EFTs) and Account Balances.

The Company partners with financial services software company Stripe, Inc. (“Stripe”) and banking services provider Evolve Bank & Trust (Evolve), member FDIC, to offer you electronic fund transfers (EFTs). By creating an account with the Company and initiating bank deposits or withdrawals, you agree to Stripe’s terms of service, https://stripe.com/gb/legal/ssa  (the “Partner Terms”). You must comply with the Partner Terms when creating or using your Account with the Company. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into these General Terms of Use. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR ACCOUNT WITH THE COMPANY, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

7. Account Information.

7.1. You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account.

7.2. You have the right to receive an account statement. You may view your account statement by logging into your CodeCash account.

8. Payments.

8.1. The Company may impose limits on the number and amount of transactions you may make through the CodeCash service, in the Company’s sole discretion. These limits may change from time to time without notice.

8.2. Your payments are funded by any balance you maintain in your CodeCash account and/or your default funding source.

8.3. When you send a CodeCash payment using your checking account, you are requesting an electronic transfer of funds through the automated clearing house (ACH) of NACHA, the Electronic Payment Association.

8.4. Once a payment has been authorized, it cannot be canceled.

8.5. Payments may be delayed or returned if the recipient does not set up a CodeCash account.

9. Account Balances.

9.1. You do not need to maintain a balance in your CodeCash account to make payments.

9.2. If you do maintain a balance in your account, you will not receive interest or other earnings on that balance.

9.3. If the balance in your account is negative for any reason, you authorize the Company to withdraw amounts necessary from your funding source to cover such deficit.

9.4. To secure your performance of these Terms of Use, you hereby grant the Company a lien on and a security interest in your account and hereby agree to execute any and all further documents necessary to perfect these Company rights.

10. Fees.

10.1. The Company charges Merchants 2.99% for credit card transactions and 1.8% for debit card transactions. There is a $3.99 monthly fee for Merchants to access their Stripe dashboard and services.

Senders of funds are not charged anything unless their credit card charges them for foreign transactions. These fees may change from time to time in the Company’s sole discretion with or without notice.

10.2. You may bey subject to additional third-party fees for insufficient funds or reversal fees including charges by Stripe for insufficient funds or reversal fees.

10.3. If you do not notify the Company of updates to your payment method, to avoid interruption of your service, the Company may participate in programs supported by your card provider to try to update your payment information, and you authorize the Company to continue billing your account with the updated information that the Company obtains.

11. Account Hold and Reserves.

11.1. In the event that the Company deems, in its sole discretion, an account to be a high risk account, the Company may place a hold on funds held in the account.

11.2. In such event, the Company will provide notice specifying the terms of the reserve, which terms may change from time to time in the sole discretion of the Company.

12. Disclaimers of Warranties

12.1. The App is provided “AS-IS.” To the maximum extent permitted by law, the Company disclaims any and all warranties, express or implied, including without limitation the implied warranties of non-infringement, merchantability and fitness for a particular purpose.

 12.2. The Company further disclaims any warranty that: the App will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; the results you obtain from the use of the App will be effective, accurate, or reliable; the quality of the App will meet your expectations; that the App will be free of viruses or malicious software; or that any errors or defects in the App will be corrected.

12.3. Without limiting anything in these Terms of Use, the Company specifically disclaims any and all liability arising out of third-party hacking of the App.

12.4.The Company specifically disclaims any liability for any actions resulting from your use of the App. You may use and access the App at your own discretion and risk, and you are solely responsible for any damage to your computer system or mobile device, or any loss of data, that results from the use and access of the App.

12.5. Lawful use

13. Limitation of Liability.

13.1. The Company is not liable to you or anyone else for: any loss of use, data, goodwill, or profits, whether or not foreseeable; and any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever (even if the Company has been advised of the possibility of these damages); including, without limitation, those damages:

13.1.1. resulting from loss of use, data, or profits, whether or not foreseeable;

13.1.2. based on any theory of liability, including breach of contract or
warranty, negligence or other tortious action;

13.1.3. arising in connection with installation and removal costs, loss of data,
production profit or business opportunities; or

13.1.4. arising from any other claim arising out of or in connection with your use of or access to the App, under contract, tort (including without limitation negligence), strict liability or any other law even if the limited remedies provided herein fail their essential purpose.

13.2. EXCLUSIONS AND LIMITATIONS OF LIABILITY.. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM (i) COMPANY’S PERFORMANCE OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT; (ii) YOUR USE OF THE APP; AND/OR (ii) COMPANY’S OPERATION AND/OR MANAGEMENT OF THE APP, SUCH AS, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU FOR DAMAGES (OR AMOUNTS) EXCEEDING ANY DIRECT DAMAGES YOU INCUR AND IN NO EVENT SHALL THAT AMOUNT EXCEED FIVE THOUSAND AND 00/100 ($5,000) DOLLARS.

13.3. This limitation will apply even if the Company has been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.

13.4. The limitations and exclusions in this Section 13 apply to the maximum extent permitted by law.

14. Release and Indemnification.

14.1. To the extent applicable, you hereby waive the protections of California Civil Code §1542 (and any analogous law in any other applicable jurisdiction) which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

14.2. You hereby release the Company, its affiliates, directors, officers, employees, representatives, and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with another user of the App, whether it be at law or in equity.

14.3. You will indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, representatives, and agents from any and all claims, damages, liabilities, costs, losses, and expenses (including without limitation reasonable attorneys’ fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against an indemnified party relating to the use of the App by you or your agents.

15.  Closing Your Account.

15.1. You may stop using the App at any time, provided there are no pending transactions or transactions in progress.

15.2. To terminate your account, log in from a web browser and go to your account settings.

15.3. Termination of your account does not relieve you of any obligation to pay any outstanding charges.

15.4. You will remain liable for all obligations related to your account even after the account is closed. Any incomplete transactions or transfers must be completed or canceled, and you must transfer any money from any personal or business accounts of your account before closing it.

15.5. In certain cases, you may not close your account, including:

15.5.1 To evade an investigation;

15.5.2 If you have a pending transaction or an open dispute or claim;

15.5.3 If you owe amounts to us; or

15.5.4 If your account is subject to a hold, limitation or reserve.

15.6. Notwithstanding the foregoing, you may not close your account during a payment investigation (as described in Section 18).

16.   Termination.

16.1. If the Company terminates your account for reasons other than for cause, then the Company will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to the Company; provided, however, that it may no longer be possible for you to access the App.

16.2. The Company may, at any time, terminate your account for cause if:

16.2.1. You breach any provision of these Terms of Use (or act in a manner that
clearly shows you do not intend to, or are unable to, comply with these Terms of Use);

16.2.2. The Company is required to do so by law (for example, where the
provision of the App to you is, or becomes, unlawful);

16.2.3. The Company elects to discontinue the App, in whole or in part, (such as
if it becomes impractical for us to continue offering the App in your
region due to change of law);

16.2.4. There has been an extended period of inactivity in your account; or

16.2.5. If the Company determines, in its sole discretion, that your use of the App
violates any law.

16.3. Upon expiration or termination of these Terms of Use, or the termination of your account, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these Terms of Use will survive. Upon the expiration or termination of the App, some or all of the App’s functionality may cease to operate without prior notice.

16.4. The Company may refuse to allow anyone access to the CodeCash service subsequent to an account termination, in the sole discretion of the Company.

16.5. If the Company terminates your account for cause, the Company may hold your funds for up to 180 days or terminate your use of the Appfor any violation of these Terms of Use and take legal action against you to recover additional losses, investigation costs, fines or legal fees incurred by the Company as a result of said violation.

17.Dispute Resolution.

17.1. You must notify Encode Customer Service within sixty (60) days of any transfer made through your CodeCash account which you wish to dispute. If you do not notify Encode Customer Service within said sixty (60) day period, you waive any right you might otherwise have to any funds in dispute.

17.2. For any concern or dispute you may have with the Company, you agree to first try to resolve the dispute informally by contacting the Company. If a dispute is not resolved within thirty (30) days of submission, you or the Company must resolve any claims relating to these Terms of Use or the App through final and binding arbitration, except that you may assert claims in small claims court in Santa Monica, CA if your claims qualify.

17.3. JAMS will administer the arbitration in Los Angeles, CA, pursuant to its Comprehensive Arbitration Rules and Procedures. There will be one arbitrator that you and the Company both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties. The parties agree that JAMS’ administrative and arbitrator’s fees shall be split equally among the parties.

17.4. Both you and the Company agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding (“Class Action Waiver”). The Class Action Waiver does not prevent you from bringing a claim in arbitration as a private attorney general solely on your own behalf and not on behalf of others. Notwithstanding any other portion of this arbitration provision or the JAMS Rules, the arbitrator will have authority to hear any claim on a class, collective, or representative basis if, only if, and only to the extent that, the arbitrator determines that the waiver of such class, collective, or representative claim is unenforceable.

17.5. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to, or use of the App, in violation of these Terms of Use you agree that the Company is entitled to seek injunctive or other relief in any applicable jurisdiction and/or court of competent jurisdiction.

17.6. Please note that your default funding source may have separate dispute resolution rights and procedures which may apply in certain situations.

18. Audit.

If you are a business, company, or organization, then the Company may, no more than once every twelve (12) months, upon seven (7) days’ prior notice to you, appoint Company personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of the App is in conformity with its valid licenses issued by the Company. Additionally, you will provide the Company with all records and information requested by the Company in order to verify that its installation and use of the App is in conformity with valid licenses issued to you by the Company within 30 days of request by the Company.

19.  Payment Investigation

19.1. The Company reserves the right to review certain transactions the Company
deems to be high risk in the Company’s sole discretion. During any such investigation, the Company may place a hold on payments, with or without notice. The Company further reserves the right to cancel any payment as a result of any such investigation. You may be required to provide the Company with additional information and/or documentation to verify your identity in connection with any such investigation.

19.2. The Company reserves the right to review account and transaction activity at
various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with the Company’s review process, you may be required to provide additional information and/or documentation to verify your identity. The Company may limit your account and your access to money within your account or that is sent to your account until verification is completed. Reviews may result in:

19.2.1 delayed, blocked or cancelled transfers;

19.2.2.money or payments being held by us;

19.2.3. money or payments being applied to amounts you owe to us or used to
offset loss incurred by the Company;

19.2.4. account limitation, suspension or termination;

19.2.5. money or payments being seized to comply with a court order, warrant or
other legal process; and/or

19.2.6. money or payments you previously received being reversed (i.e., sent back
to the sender or to the card or bank account that was used to fund the payment).

CODECASH SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE OR MERCHANTS YOU TRUST. DO NOT USE CODECASH TO TRANSACT WITH PEOPLE YOU DO NOT TRUST, ESPECIALLY IF THE PAYMENT INVOLVES THE PURCHASE OR SALE OF A GOOD OR SERVICE. IF YOU USE CODECASH TO CONDUCT SUCH A TRANSACTION THAT IS NOT TRUSTED, YOU COULD LOSE BOTH THE UNDERLYING GOODS OR SERVICES AND THE MONEY SENT FOR THEM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT THE COMPANY SHALL NOT BE LIABLE FOR THE LOSS OF GOODS, SERVICES, OR MONEY DUE TO FRAUD PERPETRATED BY SUCH MERCHANTS, SERVICE PROVIDERS OR INDIVIDUALS. ALL DISPUTES SHOULD MUST BE SUBMITTED TO THE USER’S CREDIT CARD COMPANY, SERVICE PROVIDER AND/OR WITH THE MERCHANT CONCERNING ALLEGED FRAUDULENT TRANSACTIONS.

20. Restricted Activities

In connection with your use of the Company’s websites, your CodeCash account, the CodeCash services, or in the course of your interactions with the Company, other customers, or third parties, you must not: 

  1. Breach these Terms of Use or any other agreement between you and the Company; 
  2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising); 
  3. Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; 
  4. Use your CodeCash account to conduct transactions for goods or services with other personal accounts, except as expressly authorized by CodeCash, if you have a personal account,
  5. Create or control more than one personal account for yourself without the Company’s express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
  6. Act in a manner that is defamatory, trade libelous, threatening or harassing;
  7. Provide false, inaccurate or misleading information;
  8. Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;
  9. Use the CodeCash services to operate, promote, or host crowdfunding campaigns or organized fundraising initiatives, including activity that could reasonably be construed as crowdfunding, pooled fundraising, or donation solicitation where CodeCash facilitates campaign hosting, public fundraising pages, funding goals, timelines, beneficiary representations, donor assurances, or guarantees regarding the use of funds.
      1. CodeCash does not operate as a crowdfunding platform and does not provide campaign vetting, beneficiary enforcement, escrow services, or assurances regarding how funds will be used.
      2. This restriction does not prohibit verified CodeCash merchant accounts from receiving payments, including payment for services rendered, tips or gratuities, or donations collected by verified nonprofit organizations, provided such activity is not structured, marketed, or facilitated by CodeCash as a crowdfunding or campaign-based fundraising activity.
  10. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
  11. Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;
  12. Control an account that is linked to another CodeCash account that has engaged in any of these restricted activities;
  13. Use the CodeCash services in a manner that results in or may result in:
    1. Complaints;
    2. Disputes; claims, reversals, chargebacks; and/or
    3. Fees, fines, penalties or other liability or losses to CodeCash, other customers, third parties or you.
  14. Use your CodeCash account or the CodeCash services in a manner that any electronic funds transfer network (including, without limitation, Visa, Mastercard, American Express, Discover) reasonably believes to be an abuse of the card system or a violation of card association or network rules, or for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
  15. Have any amounts owed to us;
  16. Provide yourself a cash advance from your credit card (or help others to do so);
  17. Access the CodeCash services from outside the United States;
  18. Take any action that imposes an unreasonable or disproportionately large load on the Company’s websites, software, systems (including any networks and servers used to provide any of the CodeCash services) operated by the Company or on its behalf or the CodeCash services;
  19. Create and/or facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or CodeCash services;
  20. Use any anonymizing proxy, robot, spider, other automatic device, or manual process to monitor or copy the Company’s websites without its prior written permission, or use any device, software or routine to bypass the Company’s robot exclusion headers;
  21. Interfere or disrupt or attempt to interfere with or disrupt the Company’s websites, software, systems (including any networks and servers used to provide any of the CodeCash services) operated by the Company or on its behalf, any of the CodeCash services or other users’ use of any of the CodeCash services;
  22. Take any action that may cause the Company’ its Internet service providers, payment processors, or other suppliers or service providers to terminate its or their relationship with the Company;
  23. Use the CodeCash services to test credit card behaviors, or make excessive or unexplainable transactions;
  24. Circumvent any of the Company’s policies or determinations about your CodeCash account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional CodeCash account(s) when you have amounts owed to us or when your CodeCash account has been restricted, suspended or otherwise limited; opening new or additional CodeCash accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s CodeCash account; or;
  25. Harass and/or threaten the Company’s employees, agents, or other users.

20.2. Actions The Company May Take if You Engage in Any Restricted Activities. 

If the Company believes that you have engaged in any restricted activities, it may take a number of actions to protect itself, its customers and others at any time in its sole discretion. The actions the Company may take include, but are not limited to, the following: 

  • Terminate this user agreement, limit your CodeCash account, and/or close or suspend your CodeCash account, including cancelling your CodeCash Debit Card (if any), immediately and without penalty to the Company; 
  • Refuse to provide the CodeCash services to you in the future; 
  • Limit your access to the Company’s websites, software, systems (including any networks and servers used to provide any of the CodeCash services) operated by the Company or on its behalf, your CodeCash account or any of the CodeCash services, including limiting your ability to pay or send money with any of the payment methods linked to your CodeCash account, restricting your ability to send money or make bank transfers; 
  • Hold money in your CodeCash account for up to 180 days if reasonably needed to protect against the risk of liability; or
  • Update inaccurate information you provided the Company.

If the Company closes your CodeCash account or terminate your use of the CodeCash services for any reason, it will provide you with notice of the Company’s actions and make any unrestricted money held in your CodeCash account or that has been sent to you available to you for bank transfers. 

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by the Company, any customer, or a third party caused by or arising out of your breach of these Terms of Use, and/or your use of the CodeCash services. 

20.3. Prohibited Business Types. 

You expressly acknowledge and agree that you will not engage in, attempt to engage in, or otherwise utilize the App to access any of the prohibited businesses and/or categories of businesses that Stripe has identified as prohibited businesses (“Prohibited Businesses”). You may access a complete list of the Prohibited Businesses by clicking the following URL: https://stripe.com/en-th/legal/restricted-businesses#prohibited-businesses.  You expressly acknowledge and agree that a violation of this Section 20.3 may result in Company terminating your access to the App and your relationship with the Company.    :

21. Security.

The Company takes security incredibly seriously, but cannot guarantee that bad actors will not gain access to your personal information. You need to do your part by keeping your passwords safe, being smart about who has access to your account and which of your devices can access the Company’s services and letting us know if you think an unauthorized person is using your account. If there is ever a dispute about who owns your account, the Company is the decider. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk. You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices, computers, or through remote access. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

22. Account Limitation.

The Company may place limitations on your account to help protect CodeCash and its users in the event that the Company, in its sole discretion, believes that you have engaged in a restricted activity or activities that appear unusual or suspicious to the Company. Limitations also help us collect information necessary for keeping your account open. There are several reasons why your account could be limited, including:

  • If we suspect someone could be using your account without your knowledge, we’ll limit it for your protection and investigate the unusual activity;
  • If another financial institution alerts us that someone has used one of your linked payment methods without permission;
  • In order to comply with the law; and/or 
  • If we reasonably believe you have breached these Terms of Use or any other agreement between you and the Company.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect the Company, the App, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

23. Amounts Owed to The Company.

We may deduct amounts owed to us, in whole or in part, from money that is sent to your account later, either by you or from payments sent to you. While you owe amounts to us, we may, without notice:

  • Reverse payments you have sent;
  • Engage in collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and
  • Place a limitation or take other action on your account.

Interest.

You will not receive interest on any funds that on any balance that you maintain with CodeCash via the App. You agree that you will not receive interest on, or other monies derived from the funds, that you maintain with CodeCash via the App.   

24. Risk Disclosure.

24.1.1. GENERAL.

VIRTUAL CURRENCY VALUES CAN FLUCTUATE SUBSTANTIALLY WHICH MAY RESULT IN A TOTAL LOSS OF THE VALUE OF THE VIRTUAL CURRENCY IN YOUR HOSTED BALANCE. THE SUPPLY OF VIRTUAL CURRENCY AVAILABLE TO SELL TO YOU AND THE ABILITY OF CODECASH TO PURCHASE OR TRANSFER YOUR VIRTUAL CURRENCY DEPENDS ON THIRD PARTY PROVIDERS THAT ARE OUTSIDE OF CODECASH’S CONTROL, THEREFORE, CODECASH MAKES NO PROMISES AS TO TIMING OF VIRTUAL CURRENCY PURCHASES, SALES, AND TRANSFERS. CODECASH DOES NOT OWN OR CONTROL ANY OF THE SOFTWARE PROTOCOLS THAT ARE USED IN CONNECTION WITH THE VIRTUAL CURRENCIES PURCHASED, SOLD, OR TRANSFERRED THROUGH SUCH VIRTUAL CURRENCY SERVICES. ACCORDINGLY, CODECASH DISCLAIMS ALL LIABILITY RELATING TO SUCH PROTOCOLS AND ANY PRICE FLUCTUATIONS IN VIRTUAL CURRENCY, AND MAKES NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY OR AVAILABILITY OF SUCH PROTOCOLS.

24.1.2. FORKS.

BY USING THE VIRTUAL CURRENCY SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING PROTOCOLS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES (KNOWN AS “FORKS”), AND THAT SUCH FORKS MAY MATERIALLY AFFECT THE VALUE, FUNCTION, AND/OR EVEN THE NAME OF THE VIRTUAL CURRENCY. IN THE EVENT OF A FORK, YOU AGREE THAT WE MAY TEMPORARILY SUSPEND OPERATIONS (WITH OR WITHOUT ADVANCE NOTICE TO YOU) AND THAT WE MAY, IN OUR SOLE DISCRETION, DECIDE WHETHER OR NOT TO SUPPORT (OR CEASE SUPPORTING) EITHER BRANCH OF THE FORKED PROTOCOL ENTIRELY. YOU ACKNOWLEDGE AND AGREE THAT CODECASH ASSUMES AND SHALL HAVE ABSOLUTELY NO RESPONSIBILITY WHATSOEVER IN RESPECT OF AN UNSUPPORTED BRANCH OF A FORKED PROTOCOL.

24.1.3. SYSTEM FAILURE.

YOU ACCEPT ALL RISKS ASSOCIATED WITH THEUSE OF THE VIRTUAL CURRENCY SERVICES TO CONDUCT VIRTUAL CURRENCY TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH THE FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS. THE NATURE OF VIRTUAL CURRENCY MEANS THAT ANY TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY CODECASH MAY PREVENT THE ACCESS OR USE OF YOUR VIRTUAL CURRENCY.

24.1.4. Disruption Events.

You agree that we are not liable for any price fluctuations in Virtual Currency. In the event of material market events or other prevailing circumstances, we may do one or more of the following: (a) suspend access to the Virtual Currency Services; or (b) prevent you from completing any actions via the Virtual Currency Services. We will not be liable for any losses suffered by you resulting from such actions. Following any such event, when Virtual Currency Services resume, you acknowledge that prevailing market rates, including the Conversion Rate, may differ significantly from the rates available prior to such event.

24.1.5. Limitation of Liability Concerning Virtual Currency.

Our responsibility is limited to the exercise of ordinary diligence in operating the Virtual Currency Services and giving access to your Virtual Currency and in preventing access to your Virtual Currency by unauthorized persons. We are not responsible for any unauthorized access or loss or harm an unauthorized access may cause, unless caused only by our gross negligence or our willful misconduct. You will have no claim against us for loss of your Virtual Currency unless you prove that the loss was not caused or contributed to by you.

24.1.6. Risks Inherent to Virtual Currency.

(a) Virtual Currency transactions are irreversible, and accordingly, losses due to fraudulent or accidental transactions may not be recoverable and CodeCash shall not be held liable for any fraudulent or accidental transactions, (b) Virtual Currency is not legal tender and is not backed by any government or central bank. As such, there is no protection, such as deposit insurance, to cover any losses associated with Virtual Currency, (c) legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange, and value of Virtual Currency the Bitcoin public ledger blockchain is maintained by a vast unidentified private computer network spread around the world and choosing to participate in Virtual Currency is at your own risk and understanding of this network, (d) Virtual Currency is a target for fraud and the potential for fraud is especially likely when you engage in transactions with External Virtual Currency Addresses, (e) Virtual Currency is a target for hackers and hacking can occur even when you use the strongest security settings and as such your Virtual Currency may be irretrievably stolen, (f) your bank accounts are at increased risk of being hacked when linked to Virtual Currency accounts, (g) some Virtual Currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you have initiated the transaction, (h) the value of Virtual Currency may be derived from the continued willingness of market participants to exchange Fiat Currency for Virtual Currency, which may result in the potential for permanent and total loss of value of a particular Virtual Currency should the market for that Virtual Currency disappear, (i) there is no assurance that a person who accepts Virtual Currency as payment today will continue to do so in the future, (j) the volatility and unpredictability of the price of Virtual Currency relative to Fiat Currency may result in significant loss over a short period of time, and (k) any bond or trust account held by CodeCash may not be sufficient to cover all losses incurred by our customers.

25. Submitting Intellectual Property Complaints.

We respect the intellectual property of others and require that account holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the platform that is subject to intellectual property rights claims.

We will respond to notices of alleged copyright infringement that comply with the

25.1. Digital Millennium Copyright Act (“DMCA”). If you believe your intellectual property rights have been infringed by content on the platform, you may request a removal of this content from our website by submitting this Infringement Report Form to info@codecash.com.

25.1.2. If you believe that content you posted on the site was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above pursuant to the DMCA.

25.3. We may terminate an infringer’s access to our services in our sole discretion and we have a policy to terminate accounts of repeat infringers.

25.4. Fee Disclosure, Pricing and Costs. 

The following pricing, costs and fees are subject to change at the Company’s discretion:

26. Miscellaneous.

You are solely responsible for paying any taxes which apply to payments made or received by you through CodeCash.  Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, that may be assessed by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, including transactions through your business profile or that are marked as for goods and services, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. We are not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction. 

You acknowledge that we may make certain reports to state and federal tax authorities regarding transactions that we process. For example, we may be required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year if you receive more than $20,000 in payments for goods and services and/or process more than 200 transactions involving goods or services in the same calendar year. 

26.1. Notices.

26.1.1. By registering for a CodeCash account, you consent to electronically receive and access, via the email you registered with CodeCash or the App, all records and notices provided to you under these Terms of Use that the Company would otherwise be required to provide to you in paper form. However, the Company reserves the right, in its sole discretion, to communicate with you via the U.S. Postal Service and other third-party mail service using the address under which your account is registered.

26.1.2. In order to ensure that the Company is able to provide records and notices to you electronically, you agree to notify the Company immediately of any change in your email address by updating your account information in the App or by contacting Customer Support. In addition, so that the Company may communicate with you via the U.S. Postal Service and other third-party mail service, you agree to immediately notify the Company of any change in your address.

26.1.3. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, the Company will revoke your access to the App. Any withdrawal of your consent to receive records and notices electronically will be effective only after Company has a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by the Company to you before the withdrawal of your consent becomes effective.

26.1.4. The Company does not knowingly collect or solicit information from anyone under the age of 13 or knowingly allow anyone under the age of 18 to open a CodeCash account. If you believe the Company has collected personal information from or about a child under the age of 13, please contact us at the contact address set forth below.

26.1.5. If you believe that any of your CodeCash account information has been lost or stolen, or if your account history shows any transfers that you did not make, immediately contact Encode Customer Support through the CodeCash App or website.

26.2. Entire Agreement.

These Terms of Use constitute the entire agreement between you and the Company regarding your use of the App and supersede any prior agreements between you and the Company relating thereto.

26.3. No Assignment.

You may not assign or otherwise transfer these Terms of Use or your rights and obligations under these Terms of Use, in whole or in part, without the written consent of the Company and any such attempt will be null and void and of no force or effect. The Company may transfer its rights under these terms to a third party.

26.4. Choice of Law.

Encode Inc. is a Delaware corporation with its principal place of business in San Francisco, CA; and both the App and these Terms of Use are governed by the laws of the State of California and the United States of America.

26.5. Partial Invalidity.

If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

26.6. Severability.

If any provision of these Terms of Use is in conflict with any statute or rule of law in any jurisdiction or is otherwise unenforceable, such provision shall be deemed to be null and void only to the extent such term creates unenforceability, and it shall be deemed separate from, and shall not invalidate, any other provision of these Terms of Use.

26.7. Method of Notices to the Company.

Any and all notices to the Company shall be sent by email to: info@codecash.com

26.8. No Waiver.

The failure of the Company to enforce or exercise any of these Terms of Use is not a waiver of that section of these Terms of Use.

By registering for a CodeCash account or by clicking to accept these Terms of Use when prompted, you are deemed to have executed and agreed to these Terms of Use electronically, effective on the date you register your account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your account registration constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms of Use, and any amendments thereto.