ZAVFIT APP TERMS OF SERVICE

LAST UPDATED: 05 th January 2023

These terms of service (the “Terms”) set out the terms on which you may access and use the financial wellbeing services that ZavFit makes available through our mobile applications available through various third party app stores (“App”).

Please read these Terms carefully before you start to use the App and ensure you understand them as they are a legally binding agreement between you and ZavFit. By using the App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not download, register an account or use the App.

These Terms should be read alongside our Privacy Policy (available at: https://www.zavfit.com/privacy.php ).

1. ABOUT ZAVFIT

1.1 The App is provided by ZavFit Limited, a company incorporated in Scotland with company number SC581898 whose registered office is at 24a Ainslie Place, Edinburgh, United Kingdom, EH3 6AJ (“ZavFit”, “we”, “us” and “our”).

2. INTERPRETATION

2.1 In these Terms, the following words shall have the meanings given to them below:

“Engaging Entity” means the entity which enables your access to the App, as part your membership, employment, or other engagement with it, and which is authorised by ZavFit to enable your access;

“Rules of Acceptable Use” has the meaning given in section 8.4

“Services” means provision of the App and any associated services and/or content, including educational materials, communications to manage your account and functionality, or as otherwise notified to you by ZavFit from time to time;

“Third Party Content” means any content uploaded to the App by any other user of the App that is not you;

“Your Content” has the meaning given in section 9.1;

3. HOW TO CONTACT US

3.1 You can contact us by email at: hello@zavfit.com

4. HOW WE WILL CONTACT YOU

4.1 We will mainly contact you by sending [in-app messages and] notifications to your device.

4.2 We may also contact you by email using the details you provided when creating your account. As such, you must notify us as soon as possible if any of your contact details change.

5. YOUR ACCOUNT AND PASSWORD

5.1 Your Engaging Entity will provide you with a link to sign up to the App in order to access the Services and you must use this link to create an account with us.

5.2 You must be 16 or older to create an account with us.

5.3 You may use the App for personal use only and not for any commercial purpose, unless ZavFit has given its prior written consent to such usage. For the purposes of these Terms, ‘personal use’ is limited to activities which are carried out for purposes wholly or mainly outside your trade, business, craft, or profession.

5.4 You must provide accurate and complete information when creating your account and keep your account information updated. We may suspend or terminate your account and access to the App if any information provided proves not to be accurate or current.

5.5 You are responsible for maintaining the confidentiality of your account details, including your passwords or any other piece of information that forms part of our security procedures. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.

5.6 You must contact us immediately if you believe that your account has been compromised or if you believe that the security of your account is at risk.

5.7 You are responsible for all activity under your account even if someone else uses your account.

6. THE SERVICES

6.1 Once you have created your account, you can access the Services via authorisation granted by us to your Engaging Entity.

6.2 Unless specifically stated otherwise, any new features, services or software applications introduced on the App shall be subject to these Terms.

7. YOUR RIGHT TO USE THE ZAVFIT SERVICE

7.1 We grant you a limited, non-exclusive, non-transferable license to install and use the App on your mobile device for the purposes of accessing and using the App and the Services.

7.2 The copyright and all other intellectual property rights in the App and Services (including but not limited to the screen displays, the content, the text, graphics and look and feel of the App), belongs to ZavFit or its licensors. ZavFit’s name and logo, and all related names, logos, product and service names, designs and slogans are trade marks of ZavFit or its affiliates or licensors. All trade marks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights. We do not warrant that the App or Services does not infringe any intellectual property rights of third parties.

7.3 In the event of any claim or allegation that the App, or your possession and lawful use of the App, infringes a third party’s intellectual property rights, you are required to notify us promptly. We will be solely responsible for the investigation, defense, settlement and discharge of any such claim or allegation.

7.4 You must not:

7.4.1 reproduce, republish, transmit or distribute any material, information or content on the App, or that form part of our Services, without our prior written consent;

7.4.2 make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the App or Services or any content included in them;

7.4.3 determine, or attempt to determine, any source code, algorithms, methods or techniques embodied by the App or Services;

7.4.4 license, transfer, or sell, in whole or in part, any of the App or Services, or any derivative works of those, without our prior written agreement;

7.4.5 circumvent, disable or otherwise interfere with any security related features of the App;

7.4.6 permit another person to use the App on your behalf or use, or attempt to use, another person’s account;

7.4.7 use the App if we have suspended or banned you from using it;

7.4.8 use the App in any way that breaches any applicable local, national or international law or regulation;

7.4.9 upload or share content that:

(a) is pornographic, sexually explicit or indecent, or that contains extreme acts of violence or terrorist activity, including terror propaganda;

(b) is harmful, threatening, inflammatory, defamatory, obscene, infringing, abusive, exploitative of minors, harassing or racially or ethnically offensive;

(d) advocates bigotry or hatred against any person or group of people based on their race, nationality, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;

7.4.10 advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, or conduct that causes damage or injury to any person;

7.4.11 modify, interfere with, intercept, disrupt, scrape or hack the App;

7.4.12 introduce viruses, malicious code, Trojans, worms, logic bombs or other material which would harm the App or any user of the App’s own equipment;

7.4.13 collect any data from the App other than in accordance with these Terms; and

7.4.14 use any automated system including, without limitation, “robots”, “spiders” or “offline readers” to access the App in a manner that sends more request messages to the App than a human can reasonably produce in the same amount of time,

(together referred to as the “Rules of Acceptable Use” in these Terms).

7.5 Any failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and may result in us, exercising sole discretion, taking all or any of the following actions (with or without notice):

7.5.1 immediate, temporary or permanent withdrawal and/or prevention of your right to use the App and Services;

7.5.2 removal of Your Content;

7.5.3 issuing a warning to you; and

7.5.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

7.6 The responses described in section 7.5 above are not limited and we may take any other action we reasonably deem appropriate.

7.7 We reserve the right, in our sole discretion and without notice to you, to terminate your access and to prevent further use of the App and access by you to the App.

8. YOUR CONTENT

8.1 The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow you to post, submit, publish, display or transmit to other users or other persons content and materials, including but not limited to photos, videos and audio recordings or other material on or through the App (“Your Content”). These Terms do not give us any rights to Your Content except for the limited rights that enable us to provide the Services.

8.2 You must not upload or share content using the App unless you have the right to do so.

8.3 We are not responsible for Your Content or any Third Party Content accessible on the App.

8.4 You will reimburse ZavFit for any liability it incurs in connection with any third party claim relating to Your Content.

8.5 ZavFit may, in its sole discretion, remove any of Your Content from the Services.

8.6 Any person may contact us using the contact details at section 3.1 to make us aware that Your Content may infringe their rights or our Rules of Acceptable Use.

9. YOUR FINANCIAL DECISIONS ARE YOUR RESPONSIBILITY

9.1 ZavFit wants to help you change the way you think about money. However, we cannot do the thinking for you. Smart, safe and responsible spending decisions means taking your unique financial circumstances into account when using the App. ZavFit will never have enough information about you or your financial circumstances. Therefore, you must take responsibility for your own financial decisions. Before you decide to make a financial decision (for example, making a spend or avoiding a spend), you should carefully consider whether it is the best thing for you and your health and, if in doubt, seek professional advice.

9.2 Following the above, any material we provide through the App or resulting from your use of the Services, including any recommendations or suggestions, is for general informational purposes only and does not constitute, provide a substitute for, and should not be relied upon as, financial, legal, tax, investment or medical advice.

9.3 In respect of the provision of the App and Services to you, ZavFit is not responsible or liable for:

9.3.1 any decisions or actions you take or do not take (including those which are money or health-related); and

9.3.2 the consequences, output or results of those decisions or actions, whatever they may be.

10. NO WARRANTY

10.1 We provide the Services on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, subject to specific rules in some jurisdictions which do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer.

10.2 We are not responsible for the accuracy of financial data obtained from third-party sites that are displayed or reported through any of the Services. We are also not responsible for, and cannot guarantee, the accuracy or timeliness of payment accounts we retrieve on your behalf directly, from third party technology providers, from third party financial institutions where your accounts are held, or from third party research/market data providers used to provide the Services.

10.3 You agree that your use of the Services is at your own risk. We do not guarantee that the Services will always be available or be uninterrupted. We will not be liable to you if for any reason the Services are unavailable at any time or for any period.

10.4 Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section 11 may not apply to you.

11. YOUR PRIVACY

11.1 We need to collect certain personal information from you in order to provide you with the Services we make available through the App.

11.2 We take privacy seriously and are committed to ensuring your information is handled appropriately. Please read our Privacy Policy at https://www.zavfit.com/privacy.php to understand how we collect, use and store information about you.

12. CANCELLATION AND REDUCED ACCESS

12.1 Unless terminated earlier in accordance with these Terms, your access to certain aspects of the Services will terminate the sooner of:

12.1.1 the termination or expiration for whatever reason of your employment, membership or engagement with your Engaging Entity; or

12.1.2 our authorisation granted to the Engaging Entity for you to use the App.

12.2 Upon partial termination in accordance with section 12.1, we will prevent your access to and use of certain aspects of the Services or the App although you will be able to continue to use your account to access more limited features of the Services or App.

12.3 We may close your account and/or prevent your access to and use of the Services or App with immediately effect if:

12.3.1 you breach, or we suspect you are in breach of, the Rules of Acceptable Use;

12.3.2 we suspect that you are doing something illegal;

12.3.3 your account remains inactive for a significant period of time and we believe there is no reasonable prospect of you using the Services or the App; or

12.3.4 in our reasonable opinion, the security or integrity of the App or Services has been, or may be, compromised or is otherwise at risk.

13. OUR RESPONSIBILITY TO YOU

13.1 ZavFit shall only be liable under these Terms for losses which are reasonably foreseeable and caused by ZavFit's breach of these Terms or ZavFit's negligence.

13.2 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

13.3 In any event, to the fullest extent permitted by applicable law, our maximum aggregate liability to you in respect of the App and the Services (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed the sum of one hundred Great British Pounds (£100).

13.4 Nothing in these Terms excludes any statutory rights which may apply to your use of the App and associated Services which cannot be excluded, restricted or modified by contract.

13.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

14. FAILURES TO NETWORKS OR HARDWARE

Although we have taken all reasonable care to ensure that the features and functionalities provided on the App are of a reasonably satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which is caused by events outside our reasonable control.

15. UPDATES TO THE APP

15.1 From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to our products or regulations, or address security issues. Alternatively, we may ask you to update the App for these reasons.

15.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

16. CHANGES TO THESE TERMS

16.1 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the App and, where appropriate, notified to you by email. By continuing to use and access the App following such changes, you agree to be bound by any changes we make. Please review this page frequently to see any updates or changes to these Terms.

16.2 The latest version of these Terms will always be available on the App and on our website: https://zavfit.com/terms.phphttps://zavfit.com/terms.php

17. VIRUSES

While we take all reasonable precautions to keep the App and Services free from viruses, corrupt files and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.

18. THIRD PARTY LINKS

The App may contain links to third party websites or resources. ZavFit provides these links and resources only as a convenience and is not responsible for the content, products, or services on or available from those websites or in those resources, the links displayed on such websites or the privacy practices of such websites. We recommend that you read and consider these websites’ privacy policies and terms and conditions before using them and providing any of your personal information.

19. APPLE APP STORE REQUIREMENTS

19.1 These Terms are between you and us only and not between you and Apple, Inc (“Apple”). Apple has no responsibility for the App or content thereof. Where you access or use the App via the Apple App Store, your access and use of the App must comply with the Apple App Store terms of service.

19.2 Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to ZavFit as provider of the App.

19.3 You acknowledge and agree that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including, but not limited to:

19.3.1 product liability claims;

19.3.2 any claim that the App fails to conform to any applicable legal or regulatory requirement; and

19.3.3 claims arising under consumer protection or similar legislation, and all such claims are governed by these Terms and any law applicable to ZavFit as the provider of the App.

19.4 You acknowledge that, in the event of any third-party claim that the App or your use of the App infringes a third party’s intellectual property rights, ZavFit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

19.5 You represent and warrant that you are not located in a country that is subject to US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.

19.6 Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms as related to your licence of the App against you.

20. COMPLAINTS

20.1 If you are in a dispute with another user on the App or your Engaging Entity, we recommend that you contact them and try to resolve the dispute with them directly. If that is not possible, please contact us.

20.2 If you have a complaint or dispute with us relating to the Services, in the first instance, please contact us via hello@zavfit.com and we will attempt to resolve the complaint or dispute informally.

20.3 If we are unable to resolve your complaint or dispute with you informally, we will suggest an appropriate consumer focused mediation or arbitration dispute resolution service based on the nature of the complaint or dispute and your location.

20.4 Whilst you are under no obligation to resolve your complaint or dispute using this service, we would hope that you will use this service as we consider this the most cost effective and appropriate way to resolve complaints and disputes with our users.

21. GENERAL

21.1 The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

21.2 These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

21.3 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

21.4 Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.

21.5 These Terms shall be governed and construed in accordance with English law. However, this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such as a matter of law. The English courts will have jurisdiction but this does not affect your ability to make a claim in your country of residence where you have this right.