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.  

Access to the App.

  • To access the App, you must:
  • Be a resident of the United States;
  • Be 18 years of age or older;
  • 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.
  • 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.
  • The Company may change the requirements listed in Section 1.1. from time to time.
  • 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.
  • By providing the Company a telephone number, you consent to receiving autodialed and prerecorded messages from the Company should the need arise.
  • 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.
  • 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.

Relationship with the Company.

  • You expressly acknowledge, agree, and understand that:
  • The Company is merely a facilitator of financial transactions between third parties;
  • The Company does not introduce individuals through the App;
  • The Company is not a party to agreements between users of the App; and
  • The Company makes no representations as to the reliability, capability, or qualifications of any user of the App.
  • The Company may provide information to users of the App about you including, without limitation, geographical location or verification of identity. However, such information is based solely on data that you voluntarily submit to the Company and does not constitute and will not be construed as an introduction, endorsement, or recommendation by the Company; the Company provides such information solely for convenience.
  • You should only use the App with individuals who you know. It is a violation of these Terms of Use to exchange payments with individuals who you do not know, whether or not the payment involves the purchase or sale of goods and services.

Third Parties.

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

The Company’s Intellectual Property

  • 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 respect all copyright and other legal notices, information and restrictions contained in the App. You also agree not to change, translate, decompile, reverse engineer, extract source code or otherwise create works derivative of the App
  • 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.

Upgrades and Modifications.

  • 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.
  • 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.
  • Electronic Fund Transfers (EFTs) and Account Balances. The Company partners with financial services software company Sila Inc. (Sila) 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 Sila’s terms of service, https://silamoney.com/terms-of-service/, and Evolve’s demand deposit account agreement, https://silamoney.com/evolve-bank-deposit-agreement/, (together, 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.

Account Information.

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

Payments.

  • 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.
  • Your payments are funded by any balance you maintain in your CodeCash account and/or your default funding source.
  • 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.
  • Once a payment has been authorized, it cannot be canceled.
  • Payments may be delayed or returned if the recipient does not set up a CodeCash account.

Account Balances.

  • You do not need to maintain a balance in your CodeCash account to make payments.
  • If you do maintain a balance in your account, you will not receive interest or other earnings on that balance.
  • If the balance in your account is negative for any reason, the Company may make attempts on your funding source to cover such deficit.
  • 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.

Fees

  • The Company charges a standard 3% fee on payments, which fee is waived when payments are funded by a CodeCash balance, a bank account or a debit card. These fees may change from time to time in the Company’s sole discretion with or without notice.
  • You may by subject to additional third-party fees for insufficient funds or reversal fees.
  • 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.

Account Hold and Reserves.

  • 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.
  • 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.

Disclaimers of Warranties.

  • 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.

  • 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.

  • 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.

  • 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.

Limitation of Liability.

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:

  • resulting from loss of use, data, or profits, whether or not foreseeable;
  • based on any theory of liability, including breach of contract or
  • warranty, negligence or other tortious action;
  • arising in connection with installation and removal costs, loss of data,
  • production profit or business opportunities; or
  • 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.
  • The total liability of the Company in any matter arising out of or related to these terms is limited to US $100. 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.
  • The limitations and exclusions in this Section 12 apply to the maximum extent permitted by law.

Release and Indemnification.

  • 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.”
  • 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.
  • 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.

Closing Your Account.

  • You may stop using the App at any time, provided there are no pending transactions or transactions in progress
  • To terminate your account, log in from a web browser and go to your account settings.
  • Termination of your account does not relieve you of any obligation to pay any outstanding charges.
  • 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.

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

  • To evade an investigation;
  • If you have a pending transaction or an open dispute or claim;
  • If you owe amounts to us; or
  • If your account is subject to a hold, limitation or reserve.Notwithstanding the foregoing, you may not close your account during a payment investigation (as described in Section 18).

Termination.

  • If the Company terminates your account for reasons other than for cause, then the Company will make reasonable effort 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.
  • The Company may, at any time, terminate your account for cause if:
  • 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);
  • The Company is required to do so by law (for example, where the
    provision of the App to you is, or becomes, unlawful);
  • 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); or
  • There has been an extended period of inactivity in your account.
  • 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 may cease to operate without prior notice.
  • The Company may refuse to allow anyone access to the CodeCash service subsequent to an account termination, in the sole discretion of the Company.
  • If the Company terminates your account for cause, the Company may hold your funds for up to 180 days, fine you for 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.

Dispute Resolution.

  • 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.
  • 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.
  • JAMS will administrate 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.
  • 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.  
  • 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 relief (or an equivalent type of urgent legal relief) in any jurisdiction.
  • Please note that your default funding source may have separate dispute resolution rights and procedures which will apply in certain situations.
  • Audit. If you are a business, company, or organization, then the Company may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint the 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 from 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 your valid licenses from the Company within 30 days of request by the Company.

Payment Investigation.

  • 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.
  • 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:
  • delayed, blocked or cancelled transfers;
  • money or payments being held by us;
  • money or payments being applied to amounts you owe to us or used to offset
    loss incurred by us;
  • account limitation, suspension or termination;
  • money or payments being seized to comply with a court order, warrant or other legal process; and/or
  • 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 TRUST. DO NOT USE CODECASH TO TRANSACT WITH PEOPLE YOU DON’T 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.

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:
  • Breach this user agreement or any other agreement between you and the Company; 
  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising); 
  • Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; 
  • 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,
  • 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;
  • Act in a manner that is defamatory, trade libelous, threatening or harassing;
  • Provide false, inaccurate or misleading information;
  • 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;
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
  • 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;
  • Control an account that is linked to another CodeCash account that has engaged in any of these restricted activities;
  • Use the CodeCash services in a manner that results in or may result in:
  • Complaints;
  • Disputes; claims, reversals, chargebacks; and/or
  • Fees, fines, penalties or other liability or losses to CodeCash, other customers, third parties or you.
  • Use your CodeCash account or the CodeCash services in a manner that the Company, Visa, Mastercard, American Express, Discover or any other electronic funds transfer network 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;
  • Have any amounts owed to us;
  • Provide yourself a cash advance from your credit card (or help others to do so);
  • Access the CodeCash services from outside the United States;
  • 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;
  • 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;
  • Use an anonymizing proxy; use any 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;
  • 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;
  • Take any action that may cause the Company to lose any of the services from its Internet service providers, payment processors, or other suppliers or service providers;
  • Use the CodeCash services to test credit card behaviors, or make excessive or unexplainable transactions;
  • 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
  • Harass and/or threaten the Company’s employees, agents, or other users.

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

If the Company believe 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, 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 us. 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 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 this agreement, and/or your use of the CodeCash services.

Prohibited Business Types. The account is not for use with any and all:

  • Adult Entertainment Businesses;
  • Aircraft Dealers;
  • Businesses Employing a “Get Rich Quick” Scheme;
  • Businesses Prohibited by Cards Networks;
  • Cannabis Businesses;
  • Currency Exchange Businesses;
  • Escort Services or Encounter Groups or Clubs;
  • Firearms Dealers or Sellers of Firearm Components;
  • Fireworks Sellers;
  • Gambling Establishments;
  • Massage Parlors;
  • Offshore Businesses;
  • Online Dating Service Providers;
  • Online Tobacco Purveyors;
  • Purveyors of Illegal Products or Services;
  • Purveyors of Marijuana or Illicit Drugs;
  • Purveyors of “Pseudo” Products;
  • Multilevel Sales and Marketing Organizations;
  • Rotating Credit and Savings Association (“ROSCA”);
  • Shell Companies;
  • Tattoo Parlors;
  • Tax Anticipation Lenders;
  • Tribal Businesses;
  • Unfair, Predatory, or Deceptive Businesses;

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.

Account Limitation

The Company may place limitations on your account to help protect CodeCash and its users if an when we notice restricted activities or activity that appears to us as unusual or suspicious. 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 look into 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
  • If we reasonably believe you have breached this agreement 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 us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

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:

  • 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 the funds that you have in your stored balance. You agree that you will not receive interest on or other monies derived from the funds that are in the App.

Risk Disclosure

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 THE 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.

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 ABSOLUTELY NO RESPONSIBILITY WHATSOEVER IN RESPECT OF AN UNSUPPORTED BRANCH OF A FORKED PROTOCOL

SYSTEM FAILURE

YOU ACCEPT ALL RISKS ASSOCIATED WITH THE USE 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.

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.

Limitation of Liability

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.

Risks Inherent to Virtual Currency

  1. 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,
  2. Virtual Currency is not legal tender and is not backed by a government or central bank. As such, there is no protection, such as deposit insurance, to cover any losses associated with Virtual Currency,
  3. 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,
  4. 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,
  5. 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,
  6. your bank accounts are at increased risk of being hacked when linked to Virtual Currency accounts,
  7. 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
  8. 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,
  9. there is no assurance that a person who accepts Virtual Currency as payment today will continue to do so in the future,
  10. 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
  11. any bond or trust account held by CODECASH may not be sufficient to cover all losses incurred by our customers.

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 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.
  • 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.
  • 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.
  • Fee Disclosure, Pricing and Costs.

Individuals

The following pricing, costs and fees are subject to change at the Company’s discretion. For individuals, the peer-to-peer transfers have no associated fee. The fee to fund the CodeCash wallet is U.S. $0.20 and the fee to withdraw monies from the CodeCash wallet is U.S. $0.20. An initial fee to verify your identify is U.S. $3.00 If you would like an expedited deposit to your wallet or bank account, the fee is U.S. $0.20. For instant transfers, 2% will be charged.

Merchants.

If you are paid by Credit Card, 2.99% will be charged and the fee is U.S. $0.30 Cents per transaction. If you are paid by the CodeCash wallet, 2% will be charged.

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 process more than 200 transactions involving goods or services in the same calendar year.

Notices

  • By registering for a CodeCash account, you consent to electronically receive and access, via email 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.  
  • 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.
  • 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.
  • 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.
  • 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.

Agreements Upon Using CodeCash Service. By using the CodeCash service, you agree that you will not:

  • Violate these Terms of Use;
  • Violate any law, statute, ordinance or regulation; Infringe any intellectual property right of the Company or any third party;
  • Make any defamatory, libelous, threatening or harassing statements through CodeCash;
    Provide the Company with any false information, including without limitation opening a CodeCash account in someone else’s name
  • Impose an unreasonable or disproportionately large load on the infrastructure of the Company;
  • Introduce any malicious code into the App, including without limitation viruses, Trojan horses or worms; Use any robot, spider or other automatic device or otherwise engage in the unauthorized copying of data and/or information; or
  • Interfere with the orderly operation of the App.

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.

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.

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.

Partial Invalidity.

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

Method of Notices to the Company.

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

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.

Scroll to Top