Terms and Condition

Vavve, LLC., a Washington LLC (“Vavve,” “We,” or “Us”), require that all visitors to and users of the websites controlled by Vavve (the “site”) adhere to the following terms and conditions of use. These terms of use (the “Terms”) govern your access to and use of the site. Please read these terms carefully, and contact us if you have any questions.By accessing or using the site, you agree to be bound by these Terms and our Privacy Policy.

General Service Terms

Vavve operates a Site and platform that facilitates Payment system, Payment Gateway, ACH and Applications (the “Services”).

Disclaimers

You agree to use Vavve and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.

If you register an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of Vavve. Your registration for any of Vavve constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a username and password. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of Vavve Account confidential and up to date. If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business’s principals to open the account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us we may be required to provide access to the Vavve account. You agree to hold harmless and release the Vavve Parties from any liability if we do so.

We are responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by Us on Your behalf. Cardholder Data is defined as being the cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. Vavve has developed strict security features to protect Cardholder Data, and as such it is required that this data only be used in anticipated ways and stored in appropriate places.

Vavve makes no guarantees as to the level of success you may achieve by using the Services. Vavve further makes no guarantee that your profile and information will be accessible due to computer/server outages, software failure and other technical and non-technical issues that may cause temporary outages.

Vavve takes commercially reasonable measures to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Services. Vavve will not be liable for any loss or damage arising from the unauthorized use of your username or password.

Your Conduct

In connection with your access and use of the Services and that of any person authorized by you to access and use the Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Services, you may not cause or permit any person to do any of the following:

1. use the Site or Services for any unlawful purpose;
2. use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
3. impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
4. use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
5. violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
6. post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
7. submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
8. advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
9. submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
10. alter or tamper with any Contents, information, or materials on or associated with the Site;
11. transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
12. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
13. disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware, or servers in any way;
14. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
15. impede or interfere with others’ Use of the Site;
16. abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
17. impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
18. use any robots, spiders, scrapers or any other automated means to access the Site for any purpose.
19. use any means to scrape or crawl any web pages contained on the Site;
20. attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Site;
21. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
22. advocate, encourage, or assist any third party in doing any of the foregoing.

Personal Information

U.S. law requires we obtain, verify, and record information about you. We may require that you provide us with nonpublic, personal, identifying information. We may also lawfully obtain information about you from other sources without your knowledge, including non-personal identifying information that we may obtain while you visit this website. Please see our Privacy Policy.

We may provide information about you and your Transactions to government authorities and law enforcement agencies, as described in our Privacy Policy.

You authorize us to make any inquiries, to you or to others, which are necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.

Limitation Of Liability

In no event will Vavve, its contractors, suppliers, and the officers, directors, managers, members, employees, representatives, and agents of each of the foregoing (collectively, our “Contractors”), be liable to you or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Services in a way not contemplated by these Terms; (b) the defamatory, offensive, or illegal conduct of other users of the Services; or (c) your gross negligence or willful misconduct.

Under no circumstances will Vavve or our Contractors be liable to you or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Services, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Vavve and the Contractors will be limited in accordance with these Terms to the extent permitted by law.

E-Sign Disclosure & Consent Notice

By accepting this User Agreement as indicated below, you consent to receive and view disclosures, notices, statements and other communications (collectively, “Communications”) from Vavve relating to your account electronically by any of the following means:

1. Text to your mobile phone number associated with your account (which may include a link to Communications on our website or in our Service);
2. To your email associated with your account; or
3. Notifications from our web or mobile application.

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Communications will include, but may not be limited to, the following:

1. Our website, Privacy Policy, or User Agreement (“Legal Policies and Agreements”);
2. Disclosures and/or amendments we may provide you under our Legal Policies and Agreements;
3. Activity and any other information regarding your use of our Service and account;
4. Receipts, confirmations, status updates, authorizations and transaction history for your account
5. Communications regarding the resolution of any claimed errors; and
6. Communications required or permitted by law or regulation.

How To Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by contacting us through Customer Support or as outlined in our Privacy Policy. If you withdraw your consent to receive Communications electronically, Vavve may deny your registration for an Account, restrict or close your Account, or charge you additional fees for paper copies.

Cancellation

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Vavve Account including your failure to provide valid information. If we terminate this Agreement without cause, we will review the account upon request and Reinstate the Agreement.

Indemnification

You agree to indemnify and hold Vavve, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.

Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the Vavve Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Vavve Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington notwithstanding any conflict of law rules.

Waiver of Jury Trial

This Agreement includes an Arbitration provision that governs any disputes between you and us. This provision will:

1. Eliminate your right to a trial by jury; and.
2. Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

Contact Us

If you have questions about this Policy or Terms, please contact us at:
Vavve Terms and Conditions
15236 NE 13th PL,
#2404,
Bellevue, WA -98007
termsconditions@vavve.com

If you’re not comfortable shopping through the Websites or Apps and would prefer to make your purchase via telephone, just give us a call. Our Customer Service representatives will be happy to assist you.

We may make changes to this Policy, and may apply any changes to information previously collected, as permitted by law. Please be sure to check this Policy for updates from time to time as we will review it at least every 12 months and make updates as necessary. If we make material changes to this Policy, we will notify you by posting the updated Policy on the Websites or Apps.

Additional Terms and Miscellaneous

Please review our other terms and policies posted on the Site, including the Privacy Policy.These Terms constitute the entire agreement between you and Vavve relating to the subject matter addressed herein.

Vavve is compliant and shall remain compliant with the Payment Card Industry (“PCI”) Data Security Standards to the extent we possess or otherwise store, process, or transmit your Payment Instrument data or other data subject to PCI obligations.

We reserve the right to modify, suspend, or discontinue the Site and any service, content, features, or products offered through Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you Use the Site, you should review the current Terms. Your continued Use of the Site will constitute your acceptance of the current Terms.

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.