Terms of Service

Introduction (Last updated: Mar. 22, 2021)

These Terms of Service (“Terms”) set out the terms and conditions that apply when you use Sociale’s Services. By accessing or using the Services you agree to be bound by these Terms as well as our Privacy Policy and any additional terms provided to you within the Sociale True Wallet™ Application and at Sociale.com.

Please do not use the Services if you do not agree to all the Terms!

This Agreement is between you (hereinafter “User”, “you”, or “your”) and “Sociale Digital” (hereinafter “Sociale”, “we”, “us” and “our”). You may use the Services only if you are 18 years or above and can form a legally binding contract and are not barred from using the Services under applicable law. We may also allow business entities to use our Services.

The term "Services" includes all of the Sociale mobile application other applications, API’s, software, online services, features, forums, social media channels, customer and technical support, and/or any other services provided by or through Sociale Digital.

If you disagree with any part of these Terms then you do not have permission to access the Services. This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us.

Sociale True Wallet™ Connected Services

Sociale Services features the Sociale True Wallet™ for use in linking to, accessing, transmitting funds and managing financial and other electronic information to and from businesses and individuals within the Sociale network. The Sociale True Wallet™ is referred to herein as “True Wallet” or “Wallet”.

Sociale’s secure, third-party connection service (in the form of a passphrase or QR code) enables you to connect your Wallet to merchants, businesses, and Payment Service Providers (Banks or any company that provides payment services such as……) in the Sociale ecosystem.

Once your merchants, businesses and Payment Services Providers’ account details are input, you can access your account balances and you can transfer money (electronic fund transfers, or “EFTs”) and make other financial and non-financial transactions using your Wallet.

When you initiate an EFT, Sociale passes your instructions to the participating business, individual and connected accounts in order to complete the transaction.

In order for money to move from a business owing you, you must first have a receiving account connected to your Wallet. Sociale is unable to store EFTs. Under no circumstance does Sociale hold any of your funds.

Getting Started

Prior to using the Service, you will need to create your True Wallet by:

1) downloading the Sociale True Wallet™ app from an app store and updating it to the latest version;

2) registering an account (“Sociale Account” or “Account”). You will submit your personal data and documentation to Sociale via its “Know Your Customer (KYC)” requirements which include:

  • Government issued identification; and
  • an image of the Account holder; and
  • an address verification.
  • All submitted personal data will be verified by third-party service provider(s);

    3) connecting one or more Payment Service Provider(s) from the Sociale Ecosystem. This allows you to receive Funds via EFT. You MUST have a receiving account prior to transmitting Funds, as Sociale will not hold Funds at any time;

    4) connecting one or more merchants or businesses from which you want to receive funds. The connection to the Merchant must be verified through the Sociale True Wallet App and requires current and up to date credentials to operate; and

    5) enable “Notifications” to get real-time information.

    Now, with your True Wallet set up, you are able to:

    1) view the current balance of Funds available to transfer from each Merchant connected to your Wallet; and

    2) authorize, direct and even automate the transfer of Funds from the Merchant to your selected Payment Service Provider(s). Remember, at least one Payment Service Provider must be active and set as default at all times to ensure the transfer of Funds. Funds may not be held or stored in the Wallet itself; and

    3) view the status of any transfer of Funds initiated through the Sociale True Wallet including details of those transactions; and

    4) receive support from Sociale through live chat, frequently asked questions (FAQs) and through news and real-time announcements and notifications.

    Registration of Sociale Account

    As noted above, in order to use the Sociale Services, you must register for a Sociale Account. During the registration process, we will ask you for certain information, including your name and other personal information, to verify your identity. Additionally, you represent and warrant to us that:

  • you are at least eighteen (18) years of age;
  • you have the full right, power, and authority to agree to these Terms;
  • you are not resident or a Tax resident of, and do not otherwise have any relevant connection with, any geographic area or jurisdiction restricted from use by Sociale;
  • you are not a resident or Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms is unlawful or restricted in any way or requires licensing, registration or approval of any kind;
  • you are not impersonating any other person, operating under an alias or otherwise concealing your identity;
  • you are not located in, under the control of, or a national, citizen or resident of any geographic area or jurisdiction restricted from use by Sociale;
  • you are not on any of the sanctions lists published and maintained by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC);
  • you will not use the Sociale True Wallet if any applicable laws in your country prohibit you from doing so in accordance with these Terms; and
  • you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements.

  • You will select a username and password for your personal use only. You are responsible for safeguarding your username and password and you agree not to transfer or lend them to anyone else. You are responsible for all interaction with the Services that occurs with your username or password. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security related to your Sociale Account or the Services. You agree to close the True Wallet App when you are done using it. We are not liable for any loss or damage arising from you not complying with any of your obligations in this paragraph.

    Accuracy of Information

    When you register for a Sociale Account, you agree that the information you provide us must be true and accurate and you also agree to update this information to keep it true and accurate at all times.

    Authentication

    You may be required to provide additional information or documentation to allow Sociale to verify your identity and/or your Account information. We may obtain information on you ourselves or carry out verification checks on you and the information you provide us through third parties from secure databases. By agreeing to these Terms, you acknowledge that we or a third party on our behalf will carry out such verifications.

    We may, in our sole discretion, refuse to open a Sociale Account for you.

    Use of Sociale True Wallet

    Only Users with an Account registered in accordance with the instructions set out herein or the App may use the Sociale True Wallet. Once registered, your use of your True Wallet Account shall be strictly in accordance with these Terms.

    The provision of the Sociale True Wallet and the registration of your Account is at Sociale’s sole and absolute discretion.

    Any instructions, confirmation and/or communication sent from your Account will be deemed to have been generated by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you or not.

    You are personally responsible for the use of your Sociale True Wallet Account including but not limited to all transactions using the Account whether OR NOT the transactions ARE undertaken by you (unless it can be established that such transactions were erroneously transacted due to an error on Sociale’s part). The record of all Transactions confirmed for the Account shall be binding and conclusive evidence of your Transactions.

    You hereby authorize the deduction of Funds from connected Merchants to the connected Payment Service Provider defined through the configurations set by the you in the Sociale True Wallet Account and you authorize Sociale to make requests on your behalf in order to carry out your Transactions.

    Funds are never held within your Sociale True Wallet Account. Your Sociale True Wallet Account is an agnostic platform used to configure how funds are transferred from connected Merchants to connected Payment Service Providers.

    You are responsible to assure that there are sufficient funds in your Merchant account before using the Sociale True Wallet to carry out any Transaction to a Payment Service Provider (including any taxes and other applicable fees or charges). Sociale will reject any Transaction for insufficient funds.

    Notwithstanding anything to the contrary, Sociale reserves the right to block or decline any transaction at our sole and absolute discretion without assigning any reason thereto.

    Processing Information

    Sociale will make reasonable efforts to process any requested instruction.

    You must make sure that any instruction is accurate and complete.

    You must remember that a transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours, even though Sociale True Wallet may be accessible outside such hours.

    You agree that Sociale may act on any instructions given to Sociale True Wallet even if these instructions were not authorized by you, if your negligence or fraud has facilitated the unauthorized transaction.

    Protection from Unauthorized Transactions

    To protect yourself from unauthorized activity in your Sociale account, you should regularly open your Sociale True Wallet Application and review your Sociale account statement. We will notify you of each transaction by sending an in-App notification or otherwise, depending on your preferences. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

    Reporting an Unauthorized Transaction

    If you believe that a transfer has been made without your permission, if you believe your Sociale login information has been lost or stolen, or if your Sociale-activated mobile phone has been lost, stolen, or deactivated, tell us AT ONCE by contacting us at support@sociale.com.

    Error Resolution

    In case of errors or questions about your electronic transfers contact us at support@sociale.com

    An “error” means the following:

  • A transaction is missing from or not properly identified in your Sociale Account statement, unless it is merely delayed as a result of us applying a Restriction or delayed by a payment review or bank transfer review.
  • We make a computational or mathematical error related to your Sociale account.

  • The following are NOT considered errors:

  • If you give someone access to your Sociale account (by giving them your login information) and they use your Sociale account without your knowledge or permission. You are responsible for transactions made in this situation.
  • Rejection or reversal of a payment as a result of Refunds, Reversals and Chargebacks.
  • Your errors in making a transaction (for example, mis-typing an amount of money that you are sending).

  • Transaction History

    You will be able to see your transaction history on your Wallet., including details of each individual transaction. We will not send you a periodic statement listing transactions you make on your Wallet. If you have any questions about these transactions, email us at support@sociale.com.

    ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR WALLET MUST BE DIRECTED TO US.

    We are NOT responsible for the financial or other third-party service providers you use. We are only responsible for resolving any errors in the instructions to make a transaction.

    Data Protection

    Your privacy and the security of your information is important to us. You agree that we may share your information with a payment network, Payment Service Provider and other Third Party Providers in order to provide the services you have requested, to make information available to you about your Sociale True Wallet transactions, and to improve our ability to offer these Services. This information helps us to maintain the Sociale True Wallet. We do not control the privacy and security of your information held by the merchants you transact with; that is governed by the privacy policies they provide you.

    By using the Sociale True Wallet, you confirm that you have read and accepted our Privacy Notice and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorised third party service providers. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Notice, which is accessible here https://sociale.com/privacy-policy/

    We will disclose information to third parties about your Wallet and transactions you make:

  • Where it is necessary for completing transactions;
  • In order to verify the existence and condition of your Wallet for a third party, such as a credit bureau or merchant;
  • In order to comply with government agency or court orders; or
  • If you give us your permission.

  • If you wish for Sociale to delete any Personal Data provided through the Sociale True Wallet App, contact us at support@sociale.com. Sociale will review your request and delete your data within fourteen (14) business days and notify you by email once the deletion is complete.

    Right to Reject or Limit Transactions

    We may stop any of your transactions if we have reason to believe there may be suspicious activity involved or for any other lawful reason.

    Under certain circumstances, in order to protect Sociale and the security and integrity of the network that uses the Sociale services, Sociale may, in its sole discretion, take Account-level or transaction-level actions that restrict your ability to use the Services.

    Our decision about such restrictions may be based on confidential criteria that are essential to our management of risk and the protection of Sociale, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Sociale account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

    Rejections

    A Rejection is an action that Sociale takes to stop a transaction or transfer of funds. Sociale reviews many factors before placing a Rejection on a transaction, including: Account tenure, transaction activity, and past disputes.

    We may reject transactions involving your Sociale account if, in our sole discretion, we believe there is a high level of risk associated with you, your Sociale account, or your transactions or that Rejection is necessary to comply with state, provincial, or federal regulatory requirements.

    Risk-based Rejections are made until an account is restored to acceptable risk status. Once acceptable status is restored, transactions may again be accepted.

    Limitations

    Limitations are implemented to help protect Sociale and Sociale users 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 Sociale account open.

    There are several reasons why your Sociale account could be limited, including:

  • If we suspect someone could be using your Sociale 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 law.
  • If we reasonably believe you have breached our Terms or violated the Privacy Policy.

  • 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 act to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

    Volume Limits

    Due to security reasons and legalities, there may be volume limits on the amounts of money you can transfer. Transactions beyond certain volume limits may therefore not be allowed until further information is provided and verified.

    Fees

    Sociale charges a separate fee for facilitating transactions using your Wallet. Banks, Credit Card companies and other third parties you use have their independent Terms of Service and procedures. Third parties may charge you fees. These fees will be debited by your third parties and will be displayed within your Sociale Wallet along with our fee. See, Fee Schedule attached as Appendix “A”.

    Mobile Use

    Sociale Services, including the Sociale True Wallet™ Application, are accessed through your mobile device. You are responsible for selecting the device and the service provider for the device and for paying any fees or other charges that the service provider may charge. It is your responsibility to obtain and properly use a device that is compatible with the services.

    Your wireless service carrier’s standard charges, data rates and other fees may apply.

    Ownership of and License to use the Sociale True Wallet™ Technology

    Sociale owns all right, title and interest in the Sociale True Wallet™ Application and our proprietary technology, including our software (in source and object forms), algorithms, user interface designs, architecture, and documentation (both printed and electronic), network designs, know-how, and trade secrets, and including any modifications, improvements, and derivative work thereof (the “Sociale True Wallet Technology”). When you register an Account with us, we grant you a personal, non-exclusive, limited, revocable and non-transferable license to use the Social True Wallet Technology without the right to sublicense. You may only use the Sociale True Wallet Technology in a manner consistent with the terms of your Account, and you shall not interfere with, disrupt, or cause damage to any other users of the Sociale True Wallet, produce any derivative work based on the Sociale True Wallet Technology, nor shall you translate, reverse engineer, decompile or disassemble the Sociale True Wallet Technology.

    Intellectual Property Rights

    Sociale’s Content is protected by copyright, trademark, patent and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Sociale and its licensors exclusively own all right, title, and interest in and to the Services and Sociale’s Content, including all associated intellectual property rights.

    All trademarks, service marks, logos, trade names and any other proprietary designations of Sociale used herein are trademarks or registered trademarks of Sociale. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

    Warranty Disclaimers

    EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SOCIALE TRUE WALLET APP AND UNDERLYING SOFTWARE OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, STABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM VIRUS AND ERROR.

    THE SOCIALE TRUE WALLET APP AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

    We make no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected.

    You understand and agree that any material and/or data installed or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile device or loss of data that results from the download of such material and/or data.

    Limitation of Liability

    OUR LIABILITY IN RESPECT OF REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED IS LIMITED TO THE RE-SUPPLYING, REPLACING OR REPAIRING OF THE SOCIALE TRUE WALLET APPLICATION. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SOCIALE TRUE WALLET, WHETHER ARISING OUT OF OR IN CONNECTION WITH BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SOCIALE TRUE WALLET DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY OR USD100.00. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    We disclaim any and all loss or liability resulting from, but not limited to loss or liability: (1) caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your mobile device, computer or other equipment, or any phishing, spoofing or other attack; (2) resulting from access delays or access interruptions; (3) resulting from data non-delivery or data mis-delivery; (4) resulting from the unauthorized use or misuse of your account identifier or password; (5) resulting from errors, omissions, or misstatements in any and all information or Services(s) provided under this Agreement; (6) resulting from the interruption of your service; or (7) resulting from acts of God.

    We shall not be liable for fault on the part of any Third-Party Service Providers instructed by us. In such cases, our liability shall be limited to using reasonable care in the selection, appointment and instruction of such Third-Party Service Providers (but not of any sub-contractor or other third party such provider may use).

    The Parties agree that any claims against the other under these Terms may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No court or adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to you cannot and may not affect any other users.

    Indemnification

    You agree to indemnify and hold harmless Sociale, its Affiliates and Third-Party Service Providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your wrongful or improper use of the Sociale True Wallet; (c) your violation of any law, rule or regulation of Cyprus or any other country; (d) any third party’s access or use of your Sociale True Wallet Account; or (e) your violation of any law, rule, regulation, or the rights of any third party.

    You agree that we are not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Sociale and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable solicitors' fees) incurred by Sociale that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Sociale.

    Prohibitions

    As a User of the Services, you may not:

    Take any action that (a) impedes the infrastructure of the Services; (b) interferes with the proper working of the Services or any third-party participation; (c) bypasses measures we implement to prevent or restrict access to the Services; (d) interferes with security features of the Services; (e) distributes viruses or any other technologies that may harm Sociale or users; or (f) uses the Services in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;

    In any manner circumvent your obligation to pay Sociale for accessing Services;

    Violate any key Sociale policies that govern your use of the Services and our interactions with you and third parties;

    Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Sociale;

    Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; and

    Restricted, Conditional Use

    By opening a Sociale Account, you confirm that you will not use the Services in connection with any activity (financial or otherwise) that:

    1. violates any law, statute, ordinance or regulation.

    2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.

    3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick"schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h)involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.

    4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

    Third-Party Providers

    Our Services works on applications linked to particular devices and operating systems, such as Windows or Apple’s iOS operating systems. Your use of the Services may be subject to separate agreements you may enter into with your operating systems provider (e.g., Apple or Microsoft®), your mobile device manufacturer (e.g., Apple), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your Services, which we collectively refer to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement when using our Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and Sociale, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the Sociale Services and for providing maintenance and support services for the Sociale Services.

    Covered Third Parties have no warranty obligations whatsoever with respect to the Sociale Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Sociale Services to conform to any warranty provided by us, if any, will be our sole responsibility.

    If you are using the Sociale Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Sociale Services.

    Sociale is a Service Provider

    We act only as a provider of service. We do not:

  • Act as an escrow agent with respect to any money sent to you;
  • Act as your agent or trustee;
  • Enter into a partnership, joint venture, agency or employment relationship with you;
  • Guarantee the identity of any user or seller;
  • Determine if you are liable for any taxes; or
  • Collect or pay any taxes that may arise from your use of our Service.

  • Choice of Law and Dispute Resolution

    Governing Law These Terms and any action related thereto will be governed by the laws of Cyprus without regard to its conflict of laws provisions.

    Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Cyprus Eurasia Dispute Resolution and Arbitration Centre (CEDRAC) under the International Arbitration in Commercial Matters Law (101/1987) (IACM Law)in force when the Notice of Arbitration is submitted. The law of this Arbitratin Clause shall be the law of Cyprus. The seat of arbitration shall be Nicosia, Cyprus. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

    Class-Action and Jury Trial Waiver

    Each Party waives their right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Sociale otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

    Termination 

    We may terminate or suspend your Sociale Account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including a breach of the Terms.

    If you wish to terminate your Sociale Account, you may simply discontinue using the Services, but any obligations you have relating to your Sociale Account and any provisions of these Terms which by their nature should survive termination will survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    Force Majeure

    Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.

    For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

    Consent to Doing Business Electronically

    Our platform operates on mobile devices with support services provided via the Internet; hence you consent to receive electronic communications and disclosures from us in connection with your Sociale True Wallet Account. Agreements you enter into with us are signed electronically and our relationship is subject to the Federal Electronic Signature in Global and National Commerce Act (E-Sign). You consent to us contacting you by email at any email address you provide to us. Your consent extends to contact from our third-party service providers working on our behalf to service your accounts.  You agree to update your contact information with us when it changes. All notices will be deemed to be received by you no later than the earlier of (i) when the notice was received or (ii) 24 hours after the notice was sent or posted.

    YOU ARE RESPONSIBLE FOR THE SECURITY AND AUTHENTICITY OF ALL ELECTRONIC INSTRUCTIONS AND YOU SHALL BE BOUND BY ALL SUCH INSTRUCTIONS. WE ARE ENTITLED TO ASSUME THAT ALL INSTRUCTIONS RECEIVED FROM THE EMAIL YOU PROVIDE, OR YOUR SOCIALE TRUE WALLET ACCOUNT, ARE YOURS. WE ARE UNDER NO OBLIGATION WHATSOEVER TO VERIFY THAT SUCH COMMUNICATIONS ARE IN FACT YOURS.

    Further, you are aware that instruction and information is generally transmitted via the Internet and may be routed via public installations which are not specifically protected. We cannot guarantee that the Instructions and information so transmitted will in fact be completely protected against such unauthorised access, and you accept these associated risks.

    You consent to be contacted by us, our contractors, agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, electronic address you provide or numbers we can reasonably associate with your Sociale Account. You agree we may contact you in any way, including SMS messages (text messages).

    General Provisions

    “Sociale Digital” means and is defined herein as “Sociale Digital (Cyprus), Limited

    Sociale reserves the right to make amendments to these Terms of Use without prior notice. Should there be any updates, Sociale will publish them on the website.

    You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent from Sociale, which we can refuse in our sole discretion. We may transfer or assign this Agreement or any right or obligation under this Agreement at any time.

    This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral.

    Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns.

    Our business partners are third-party beneficiaries of this Agreement. This does not prevent us from varying these terms without reference to them.

    The title at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.

    We may, at any time, provide special offers from select merchants to you and load these offers onto your Sociale Account.

    If you have any questions about these Terms, please contact us at support@sociale.com.