Terms of Use

Updated, March 2018

Introduction

These Terms of Use, together with our Privacy Policy, apply to your access and use of products and services that are made available by Nummo Ltd. (“Nummo”, “we”, or “us”), through www.nummo.com and the Nummo Authentication App (collectively, the “Sites”), including our search and comparison tools, social media elements of the Sites, our Nummo Vault Services (the “Vault Services”), and any other products, services, and offerings we make available through the Sites (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms of Use and the Privacy Policy, which may be amended periodically. If you do not agree to these Terms of Use, you may not use the Services.

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM RELATED TO THE SITES OR OUR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.

THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

THESE TERMS OF USE ALSO INCLUDE A JURY WAIVER.

MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.

I. Acceptable Use

The Sites and Services are only intended for your personal use. You agree not to use the Sites or Services or the content or information delivered through the Sites or Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Nummo or its service providers or cause Nummo to lose the services of our service providers; (d) access the information and content of the Sites and Services programmatically by macro or other automated means; (e) use the Sites or Services in such a manner as to interfere with or gain unauthorized entry or access to the Sites, Services, or computer systems; (f) copy, sell, resell, or exploit for commercial purposes any portion of the Sites or Services; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Sites or Services; (h) reverse engineer or attempt to reverse engineer any of the software comprising or in any way making up a part of the Sites or Services; (i) use any incomplete, false, or inaccurate biographical information or other information for purposes of creating an Account (defined below); (j) use the Sites or Services in a manner that is distasteful, offensive or controversial, tortious, or abusive; (k) and/or assist or permit any persons in engaging in any of the activities described above.

II. Registration of Accounts

Portions of the Sites and Services may require that you register an account with Nummo (your “Account”). You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that occur through the use of your username and password. You agree to immediately notify Nummo of any unauthorized use of your password or any other breach of security about which you may be aware.

III. Privacy

You agree that we may process your personal data as described in the Privacy Policy, which we may update from time to time. Nummo may access or store personal data in multiple countries, including countries outside of your own to the extent permitted by applicable law.

IV. Scope of the Services

The Services are not intended to provide legal, tax or financial advice. The Services are strictly educational in nature and are provided with the understanding that neither Nummo nor its third party service providers are engaged in rendering accounting, investment, tax, legal, or other professional services. Nummo makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through your use of the Services. The Services are intended only to assist you in your banking decision-making and financial planning and management, and are provided without complete knowledge of your financial situation. If legal, financial, or other professional advice is required, the services of a competent professional person should be sought.

V. Termination of the Services

Nummo, in its sole discretion, may suspend or terminate your Account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your Account at any time by contacting us at help@nummo.com. After your Account is terminated, information and content previously provided by you will no longer be accessible through your Account, but Nummo may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services. This Section, the Intellectual Property, Limitation of Liability, Disclaimer of Representations and Warranties, Indemnification, Arbitration and Class Action Waiver, and Miscellaneous Sections will survive any termination of these Terms of Use.

VI. Modification of the Terms

Nummo reserves the right at any time to modify these Terms of Use and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon posting and incorporated into these Terms of Use. We will make reasonable efforts to notify you of any material changes to the Terms of Use, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms of Use.

VII. Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. NUMMO AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SERVICES OR ANY PORTION OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUMMO AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NUMMO AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES COMPLY WITH THE REQUIREMENTS OF THE FINRA OR THOSE OF ANY OTHER ORGANIZATION ANYWHERE IN THE WORLD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

VIII. Limitation of Liability

IN NO EVENT WILL NUMMO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, TORT, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, YOUR USE OF THE SERVICES, OR YOUR ACCESS OR INABILITY TO ACCESS THE SERVICES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES, EVEN IF NUMMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT WILL NUMMO’S (OR ITS SERVICE PROVIDERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR ANY CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR ANY OTHER BASIS EXCEED USD 40.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, NUMMO’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FOR CITIZENS OF NEW JERSEY, THE DISCLAIMER OF PUNITIVE DAMAGES DOES NOT APPLY.

IX. Intellectual Property

The Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to Nummo, except third party trademarks or service marks, which are the property of their respective owners.

You represent and warrant that you own or otherwise have the right to use any content you post to the Services. If the functionality is available on the Services, you may submit reviews, suggestions, comments, questions, or other information, as long as your submission complies with these Terms of Use and does not contain any commercial solicitation, mass mailing, or other form of “spam.” If you chose to submit any such submission, you hereby grant Nummo a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferrable, sublicensable, right to use, copy, reproduce, modify, distribute, display, perform, and create derivate works of such submission worldwide in any form and on any media.

X. Indemnification

You agree to indemnify Nummo and its officers, directors, employees, agents, licensors, representatives, and third party service providers (as well as such providers’ officers, directors, employees, and agents) from and against all liabilities, claims, and expenses, including reasonable attorney’s fees, arising out of your breach of these Terms of Use or your infringement of any intellectual property right of any third party, or any such breach or infringement by a user of your Account.

XI. Arbitration and Class Action Waiver

  • Binding Individual Arbitration. If you and Nummo have a dispute that cannot be resolved through negotiation within the time frame described below, you and Nummo agree to seek resolution of the dispute only through binding arbitration, not litigation in any court, of that dispute in accordance with the terms of this paragraph. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Nummo will pay all filing, American Arbitration Association, and arbitrator’s fees and expenses. Arbitration may take place at any place within the United States that is reasonably convenient for you.
  • Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH NUMMO, YOU MUST SEND WRITTEN NOTICE TO: Nummo Ltd., Stationsstrasse 1, CH-8003 Zurich, Switzerland, TO GIVE YOU AND NUMMO THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association (“AAA”) pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org or by calling AAA at 1-800-778-7879.
  • Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND NUMMO SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.
  • Waiver of Rights, Including to Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. BOTH PARTIES FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

XII. Notification of Copyright Infringement

If you believe that any of your work has been copied and is accessible on any of the Sites in a manner that constitutes copyright infringement, please provide Nummo’s copyright agent in writing with:

  • a description of the copyrighted work claimed to have been infringed;
  • a description of the allegedly infringing material on a Site that you are requesting be removed;
  • your name, telephone number, and email address;
  • a statement that you have a good faith belief that use of the copyrighted work is not authorized by you or by law;
  • a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
  • an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement.

Allegations of infringement that include all of the information set forth above must be submitted by post or electronic mail to Nummo’s copyright agent at Mosaic Legal Group, PLLC, ATTN: Nummo DMCA, 5185 MacArthur Boulevard, NW, Suite 350, Washington, D.C. 20016-3341 or at info@mosaiclegalgroup.com (Subject: Nummo DMCA).

XIII. Miscellaneous

These Terms of Use are governed by and will be construed in accordance with the laws of New York, excluding its conflict of law rules. Use of paragraph headers in these Terms of Use is for convenience only and shall not have any impact on the interpretation of particular provisions. These Terms of Use, along with the Privacy Policy, constitute the entire agreement between Nummo and you with respect to your use of the Sites and Services. If any portion of these Terms of Use is held unenforceable or invalid, the remaining portions will remain in full force and effect. These Terms of Use may be only modified by (i) Nummo posting a revised version to the Sites, or (ii) in writing by an authorized Nummo representative. Nummo’s failure to enforce any portion of these Terms of Use will not in any way waive Nummo’s rights to subsequently enforce these Terms of Use. You may not assign these Terms of Use.

XIV. Contact

Nummo may contact you by posting a message to the Sites or via any information you submit to Nummo in registering for your Account. Any notices sent to Nummo must be by post or electronic mail to Nummo at Stationsstrasse 1, CH-8003 Zurich, Switzerland and help@nummo.com.

If you do not understand any of the Terms of Use or if you have any questions or comments, you may contact Nummo at help@nummo.com.

XV. Additional Terms Applicable to the Nummo Vault Services

In addition to the above terms and conditions of these Terms of Use, your use of the Vault Services is bound by the additional terms and conditions contained in this Section XV, which applies only to your use of the Vault Services. 

  • Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Vault Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Vault Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Vault Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.

  • Content You Provide. Your use of the Vault Services is your authorization for Nummo or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Nummo and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Vault Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Vault Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.

  • Power of Attorney. You grant Nummo and its service providers a limited power of attorney as provided below to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant Nummo and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Vault Services are not sponsored or endorsed by any third party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN NUMMO OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY SITES.

  • Third Party Accounts. With respect to any third party sites we may enable you to access through the Vault Services you agree to the following:

  • You are responsible for all fees charged by the third party in connection with any non­Nummo accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this Section XV does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- Nummo account, you agree to direct these to the account provider.

  • Any links to third party sites that we may provide are for your convenience only, and Nummo and its service providers do not sponsor or endorse those sites. Any third party services, which you may be able to access through the Vault Services, are services of the listed institutions. Neither we nor our service providers have responsibility for any transactions and inquiries you initiate at third party sites. The third party sites you select are solely responsible for their services to you. Neither we nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.

  • Limitations of Vault Services. When using the Vault Services, you may incur technical or other difficulties. Neither we nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Vault Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Vault Services at any time without prior notice.

  • Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Vault Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties for those third parties’ own use.

  • Ownership. You agree that Nummo and its service providers, as applicable, retain all ownership and proprietary rights in the Vault Services, associated content, technology, mobile applications and websites.

  • Export Restrictions. You acknowledge that the VaultServices and any software underlying such Vault Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Vault Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Vault Services may include technical data subject to export and re-export restrictions imposed by U.S. law.