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Terms of Use

Last Update: December 12, 2022

Digamont OOD is developing a Software product (mobile applications, web platform, modifications, enhancements) in the Personal finance and wealth management domain.

Please read these Terms of Use carefully before using Our Service.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application means the software program provided by the Company downloaded by You on any electronic device, or accessed at https://app.viziwealth.com, named ViziWealth
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Digamont OOD.
  • Country refers to: Bulgaria
  • Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Provider refers to a licensed payment institution that offers account information services (account information service provider).
  • Service refers to the Application or the Website or both.
  • Terms of Use (also referred to as “Terms”) refer to these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
  • Website refers to ViziWealth, accessible from https://viziwealth.com
  • User refers to any individual or business that has an active Account in the Application.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all Users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all Users who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.

You confirm that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

The email You provide as part of the registration process will be used by the Company to contact You in case of any changes to these Terms of Use, as well as for communication of any information related to the Service. Therefore, You are asked to provide a valid email address, and to validate it immediately after registration.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name and/or email of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You can decide to delete your Account at any time, using the corresponding features of the Service. Upon deletion, all data related to the Account is also deleted, hence the Account cannot be automatically restored afterwards. You can export your Account data prior to deletion, for backup purposes.

Bank Account Synchronization

The Application enables you to connect to your real bank accounts and synchronize real-time data into your assets. This is based on an explicit consent given to that you provide to the Provider. The Application offers this feature through APIs provided by Iris Solutions, which is in this case the Provider.

Iris Solutions is a company with primary address of residence in Bulgaria, Sofia, 160 Tsar Boris I Blvd., entr. A, ap. 3, licensed as a payment service provider by the Bulgarian National Bank. More information about their licence and terms of service is available at https://www.irisbgsf.com/.

You agree to connect only to payment accounts you own or you are otherwise entitled to use. When you use the bank account synchronization feature of the Application based on a solution provided by the Provider, you appoint the Provider to access your on-line payment account in read-only mode, retrieve on your behalf your data and share it with the Application, as well as authorize the respective financial institution to make these data available to the Provider.

Premium Functionality

The Application is free of charge, and the free version includes a set of basic features. To use more advanced functionality, you need to buy a relevant subscription plan.

The currently available subscription plans with a description of the features they unlock are always available with up-to-date information in the Application. Subscriptions are concluded for the term specified in your order. You can choose between 1 month and 12 months’ term.

Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax). The Company does not guarantee that any of the Applications’ features will remain free always and reserves the right, at its sole discretion, to change the pricing.

Payments, Refunds, and Trials

You can buy a ViziWealth subscription plan using the ViziWealth mobile application (iOS or Android) and by pressing Upgrade in the Choose your plan screen. When you choose Upgrade, you need to confirm, agreeing also to the additional specific Terms of Service for AppStore or Google Play. Hence, payment and refunds will be handled based on their terms. Upon successful payment, the paid features of the Application are unlocked.

If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term runs out. The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term and the Application will be downgraded. The Application and the Company do not store any payment information or process payments.

The Company may offer subscriptions with a specified free trial period. To start such a subscription, you still need to provide your payment information. The regular subscription plan with your selected term will begin automatically after the expiry of the trial period, but you can cancel it before the trial period runs out. The first payment for the subscription will process on the day following the end of the trial period. By starting the subscription with a trial period and providing your payment details you agree with possible future charges for the subscription.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, and other laws of both the Country and foreign countries.

You, as a User agree to prevent any unauthorized copying, distribution or sales of our product. We do not extend any right to You to apply for parallel patents, copyrights, trademarks or trade secrets.

Feedback

You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service and/or delete Your Account as described under User Accounts.

Warranties Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

You understand that in any moment We can remove or add a feature or change application behavior, design, flow with or without sending a notice to You. Future versions of the Service might be incompatible and existing data might not be migrated from older versions. We may also decide to end up the product at our sole discretion.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of the Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 EUR if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Changes to the Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new Terms, in whole or in part, please stop using the Service.

If any of the clauses is unclear, please contact us for more details at: legal@viziwealth.com