Legal and Privacy
Oobit Pay provides an easy, convenient and fast Service through a mobile Application (the: "App") or website for transferring, receiving or requesting Crypto between Oobit users or between external contacts by charging the sender's digital wallet on the one hand and crediting the Recipient's digital wallet on the other, whether it is an Oobit digital wallet or if It's an external digital wallet (the: "Service");
In order to use the Service, upon downloading the App, You will be asked to authorize the App to access your phonebook, the camera on the device, the notification Service (alerts), the NFC component in the device, and permission to access the read phone state components in the device.
We collect information about the device from which the registration for the App is made, for example the type and model of cell phone, the type of operating system and its version and IP address. We may also collect information by granting access permissions that you will be asked to grant through your device at the time of registration for the App and during its use, inter alia, for the purposes of providing services in the App and / or for security purposes and for analysis, segmentation and statistical information.
Representations and Warranties
You represent and warrant that:
- -You have all necessary right, power, authority and ability to enter into and fulfill your obligations under these Terms and your use of the Service;
- -Your use of the Service will not contravene any applicable international, federal, state or local laws or regulations, including tax laws and regulations;
- -You ensure that your use of the Service does and at all times will comply with all applicable anti-money laundering/anti-terrorist funding compliance laws and regulations;
- -All information that you have provided to us, and may from time to time provide to us, is and shall continue to be true and complete, and shall be timely updated and corrected to maintain its status as true and complete.
The information you provide must be accurate and complete, and you must inform us within ten (10) business days of any changes to such information. Oobit has the right to reject your Account registration, to later close your Account, or to restrict the provision of the Service to you if you do not provide and maintain accurate, complete and satisfactory information.
In connection with your use of the Service, and your interactions with other users and third parties, you agree you will not engage in the following Prohibited Uses. This list is non-exhaustive and we reserve the right to modify it at any time. It is within our sole discretion to determine whether an activity falls into one of these categories. If you are uncertain as to whether or not your use of the Service involves a Prohibited Use or have questions about how these requirements apply to you, please contact us at email@example.com
- -Unlawful Activity: Actions which violate, or would assist in violation of, any law, statute, ordinance, or regulation, including applicable sanctions programs, or which would involve proceeds of any unlawful activity; activity which would publish, distribute or disseminate any unlawful material or information.
- -Abusive Activity Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to our computer systems, networks or sites that contain viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to our computer systems, networks or sites or our other customers' Accounts, computer systems or networks connected to us, through any other means; interfere with another individual's or entity's access to or use of the Service; use information of another party to access or use our computer systems, networks or sites; transfer your Account access or rights to your Account to a third party, unless by operation of law or with the express written permission of Oobit; or harvest or otherwise collect information from our computer systems, networks or sites about others, including without limitation email addresses, without proper consent.
- -Abusive Actions Against Others Actions which defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hateful or violent acts against others.
- -Fraud Actions which operate to defraud us, our users, or any other person; provide any false, inaccurate, or misleading information to us.
- -Intellectual property infringement Transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of any Oobit intellectual property, name, or logo, including use of Oobit trade or Service marks, without express consent from Oobit or in a manner that otherwise harms Oobit or any Oobit brand; any action that implies an untrue endorsement by or affiliation with Oobit.
Our Right to Decline, Suspend, or Close Your Account
Guarding Your Password
In using the Service, You undertakes that the device through which the registration App is submitted, is used exclusively by You, and that it is permanently in Your possession and protected by a lock code, known only to You.
In any case where the device is not code protected or handed over to a third party, the device is exposed to the uses of unauthorized third parties, therefore, for protection against disclosure of Your information and unauthorized use of the device, it is recommended to protect the code and not allow third parties to use the device.
The right to use the Service through the App is personal and You may not allow, authorize or allow other individual to use it through Your phone device or details.
You will choose a password when registering for your Account. You are responsible for maintaining the confidentiality of your password and Account access credentials. You are fully responsible for all activities that occur with the use of your password or Account. Please notify us immediately if you become aware of any unauthorized use of your password or Account or any other breach of your security which may compromise your password or Account. You may not allow third parties or unauthorized users to use your Account. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. You may notify Oobit of a security breach regarding your password or Account by emailing firstname.lastname@example.org
Transfer and receive Crypto through the App
In order to receive / transfer Crypto by using the Service You will have to download the Oobit App to your supporting device and join the Service by registering as an Oobit User.
In order to transfer Crypto, You will be required to Click the "Pay" button on your App, then You may choose between "Transfer to a number" or paying by using a QR code. By choosing "Transfer to a number" you will be required to enter a valid phone number from your contact list, this number represents the contact person to whom you wish to transfer the Crypto to (the: "Recipient"). For payment using a QR code you will be required to click on the "Scan" icon in the App and scan the designated QR code.
You will be required to indicate the amount you wish to transfer, You may also specify the reason for the transfer; then you will have to enter Your password.
After successfully entering the details, the App will send a message to the Recipient; In order to receive the Crypto, the Recipient must confirm the transfer. A Recipient who does not use the Oobit App will be required to download the App and join the Service.
The Crypto will be transferred to the Recipient's Oobit Account[, immediately upon the Recipient's confirmation. You will receive a push notification (SMS) from the App once the Crypto was successfully received by the Recipient. You can also review "Transfer status" in the App Menu.
If the Recipient has not responded to Your notice within three (3) days, the Recipient's digital Account will not be credited and Your Crypto will be deposited back to your Account.
In order to receive Crypto, You will receive a Push Notification from the App and an Email stating that a Crypto transfer request is awaiting approval (If the User does not have an Oobit Account he will be notified via Text Message). You will be required to approve the request, once the request is confirmed the Crypto will be transferred to Your Account.
When receiving a transfer request to receive Crypto to your Account - You must make sure that you recognize and know the sender of the request as well as the phone number from which the request came; we recommend that you thoroughly verify the identity of the Sender and the reason for the transfer before approving the request. If there is still a concern, instead of approving the request, we highly recommend you decline it.
You will verify that the information entered by You for the purpose of using the Service is correct and accurate, including but not limited to the telephone number of an external user. You acknowledge that Oobit will not be responsible for any direct or indirect damages occurring as a result of inaccurate or incorrect information entered by You.
Please be aware that a request for payment or a demand for payment does not constitute evidence of the existence of a debt between the parties, making a payment through the App will not serve as evidence of the existence of any debt and cannot be used in court as evidence of debt but only as evidence of payment.
Please be aware that a Transfer cannot be cancelled after confirmation by the Recipient or in case any transfer was send to You and approved by You.
Oobit is not responsible for, and cannot assist with recovery of, a loss of cryptocurrency funds incurred by You in case of an error in selecting Recipient, error in entering a phone number or any Crypto transfer resulting from any User's direct or indirect error.
Fees, Charges and additional information
Transferring and/or receiving Crypto within Oobit, that is -transfering and/or receiving Crypto between Oobit users and businesses- 0% Fee (No Fee).
Information in regards with extra Fees and Charges that may apply while using the Service you can find https://www.oobit.com/fees.
A party's "Confidential Information" is defined as any information of the disclosing party, which: (a) if disclosed in a tangible form is marked as "Confidential" or "Proprietary" or if not so marked, should be reasonably understood by the receiving party from the context of disclosure or from the information itself, to be confidential; (b) if disclosed orally or visually is declared to be confidential or, if not so declared, should be reasonably understood by the receiving party from the context of disclosure or from the information itself to be confidential; or (c) is designated as Confidential Information in these Terms. Confidential Information shall include without limitation, information accessed via the Oobit App, technical specifications and processes of each party. Each party shall hold the other party's Confidential Information in confidence and shall not disclose such Confidential Information to third parties nor use the other party's Confidential Information for any purpose other than solely as required and necessary to perform its obligations under these Terms. Such restrictions shall not apply to Confidential Information that: (a) is known by the Recipient prior to the date of disclosure by the disclosing party; (b) becomes publicly known through no act or fault of the Recipient; (c) is received by Recipient from a third party without a restriction on disclosure or use; or (d) is independently developed by Recipient without reference to or knowledge of the Confidential Information.
Notwithstanding the foregoing, Oobit may share Confidential Information with an affiliate in the event that the Oobit requests services from such affiliate and such affiliate shall be bound by this Section. In the event Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, the party subject to such requirement shall promptly notify the disclosing party upon learning of the existence or likely existence of such requirement and shall use reasonable efforts to avoid such disclosure and, if necessary, use reasonable efforts to obtain confidential treatment or protective order covering any disclosed Confidential Information. The parties' respective obligations to maintain the confidentiality of information disclosed hereunder shall survive the expiration or termination of these Terms or until such time as such information becomes public information through no fault of the receiving party.
We have implemented security measures designed to protect information from accidental loss and from unauthorized access, use, alteration or disclosure. Our security measures include risk assessments and controls. We cannot guarantee that unauthorized persons will never gain access to your information, and You acknowledge that you provide your information at your own risk. If we reasonably suspect or we become aware of a breach of our security measures that may have impacted You, Your Account or your information, we will provide You with notice within 72 hours of gaining such suspicion or becoming aware of such breach. Such notice will be provided to Your email address.
Digital Wallet Security
Oobit is not responsible for, and cannot assist with recovery of, a loss of cryptocurrency funds incurred by a User if a wallet is compromised, for example due to loss of or unauthorized access to private keys, accidental sharing of a backup, a bug in the user's device or the wallet software, or a malicious attack on the wallet software.
You agree to indemnify Oobit, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys' fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to any actual or alleged breach of Your representations, warranties, or obligations set forth in these Terms.
EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICE WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE (AND OUR WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT.
Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
Should any provision of the Terms be determined to be invalid or unenforceable under any law, regulation, or court order, such determination will not affect the validity or enforceability of any other provision of the Terms.
A party's failure to assert any right or provision in the Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.
Updates to Terms
We may make changes to these Terms from time to time, and if we do, we will notify you by revising the date at the top of the Terms. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Service will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Service.
Neither party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, non-performance of our vendors or suppliers, acts of God, pandemics, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
Questions and contact information
If you need to contact us or have any questions on our Terms, you may contact us as follows:
Attention to: Legal Team