Terms & Conditions
UOMi app Terms and Conditions
Overview of Agreement
This Terms and Conditions Agreement (this “Agreement”) shall govern your use of the UOMI™ Mobile Application (the “App”), including any media form and website associated with it. The App is provided by UOMI (also hereinafter as “we” or “us” or “our”), a company located in Quebec, Canada. The App is solely provided by UOMI as a tool for tracking the debt or borrowings made by the friends of anyone using it (hereinafter as “user” or “you” or “your”). Any conflicting use thereof is not permitted.
The App is provided to users who are located in Canada and the United States. UOMI does not represent to you that your use of the App in a different location will not conflict with the laws of the location you are in; therefore, your use of the App in a contrary location is at your sole risk.
By using the App and the services provided by UOMI™ through it, you represent that you have read, understand, and agreed to be bound by the terms and conditions described in this Agreement. If you do not agree to be bound by it, you are not permitted to use the App.
Privacy Policy
When you use the App, we collect some tracking information about you. Accordingly, when you request to register a user account on the App, we request some personal information about you. Because we care about your privacy, we have described our practices regarding how we process the information we collect about you in our Privacy Policy statement, including the collection, use, disclosure, security, your rights, and other processing activities regarding this information.
In order for the App to perform some of its functions effectively, UOMI™ may need access to your contacts and some other information on your device. By using the App, you agree to any permission request. You may not grant such requests but be aware that some of the App features may not be available to you.
Payment Processing
One of the features of the App is the ability to directly request for the amount owed from your friend (debtor) through the SMS reminder feature. Once the request is made, the owing friend can send the amount owed via their PayPal account. UOMI™ does not process payments, neither do we have access to your payment method. You hereby release us from claims of payment between you and the owing friend.
Eligibility and Representations
To use the App and the services provided through it, you must not be a minor (usually under 18 years of age) or must have the capacity to enter into an agreement. In addition, since the App’s core function is to send reminders in SMS form to your friends, you are required to have text messaging capabilities on your mobile phone and active network.
Accordingly, you represent and warrant to UOMI™ that;
(i) Your use of the App will not violate any applicable law;
(ii) You will not use the App for any contrary purpose;
(iii) The registration information you submit or will submit will be accurate and complete and that you will maintain the accuracy of such information; and
(iv) Any content, including images, comments, and texts will not violate a third party’s intellectual property right.
(i) Your use of the App will not violate any applicable law;
(ii) You will not use the App for any contrary purpose;
(iii) The registration information you submit or will submit will be accurate and complete and that you will maintain the accuracy of such information; and
(iv) Any content, including images, comments, and texts will not violate a third party’s intellectual property right.
Prohibited Use
You may not use the App for any other purpose other than for which UOMI™ makes it available. You must not use the App in connection with any commercial endeavors except those approved by UOMI™. Prohibited use include, but are not limited to:
- Bypassing any measures of the App designed to prevent access to the App or any portion thereof;
- Deciphering, de-compiling, disassembling or reverse-engineering of any of the software comprising or in any way making up a part of the App.
- Deleting the copyright or other proprietary rights notice from any content on the App;
- Engaging in any automated use of the App such as using any data mining, robots or similar data gathering and extraction tools;
- Interfering with, disrupting or creating an undue burden on the App or the network or services connected to it;
- Systematic retrieval of data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from UOMI™;
- Tricking, defrauding or misleading UOMI™ and other users, especially if any attempt to learn sensitive account information such as passwords;
- Using the App as part of any effort to compete with UOMI™ or to learn sensitive information about us; and
- Using the Platform in a manner that is inconsistent with any and all applicable laws.
Your User Content
UOMI™ may permit you to post on certain areas on the App, texts, images, comments, audio, etc. By posting content on the App, you warrant that your content will not infringe on the intellectual property right of a third party and that your content will be accurate and decent.
Third Party Charges
The App sends out reminders through your mobile service provider; therefore, charges may be incurred from your mobile provider for SMS and data. You hereby agree that UOMI™ is not responsible for the charges deducted for reminders. By using the App, you agree to these third party charges.
App Use License
By using the App, UOMI™ grants you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones, used and controlled by you and also to access and use the App on devices that are strictly in accordance with the terms and conditions of this Agreement.
Terms Regarding Apple and Android Devices
The below terms and conditions apply to you if you downloaded the App from the Apple Store or Google Play Store. You now agree that this Agreement is established between you and UOMI only and not with Apple Inc. or Google Inc. (both an “App Distributor”). You also agree that UOMI™ is not an App Distributor, but shall be responsible for the App and the services provided through it.
(a) Scope of License: The license granted to you hereunder is limited to a non-transferable license to use the App on devices that use the Apple iOS or Android operating system (as applicable) and in line with the usage rules set by each App Distributor in their Terms and Conditions document.
(b) Support and Maintenance: UOMI™ is solely responsible for any support and maintenance activity in relation to the App as described under this Agreement or as specified by applicable law. You acknowledge that each App Distributor is under no obligation to provide any support or maintenance services in relation to the App.
(c) Warranty: UOMI™ shall be responsible for any product warranties (whether express or implied by law), to the extent not disclaimed. In the event that the App does not conform to the applicable warranty, you have the right to report to the applicable App Distributor, and the App Distributor shall refund the purchase price, if any, (as set forth in its terms and conditions), paid for the App, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable to any failure to obey any warranty will be UOMI™’s sole responsibility.
(d) Product Claims: You hereby acknowledge that UOMI™ is responsible for addressing you or any third party’s claims that are related to the App or its use thereof, including but not limited to; (i) product liability claims; (ii) claims of the App not conforming to applicable legal requirement; and (iii) claims arising from consumer protection or similar legislation.
(e) Intellectual Property rights: In the event a third-party claim that your use of the App infringes their intellectual property rights, the applicable App Distributor shall not be responsible for the investigation, defense, discharge, and settlement of such intellectual property claims
(f) Third Party Agreement: You agree that you will agree to a third-party agreement while you use the App. For example, if you have a VoIP application, you must not violate their wireless data service while using the UOMI™ App.
(g) Third Party Beneficiary: You and UOMI™ acknowledge that the App Distributors are third party beneficiaries of this Agreement and that upon your acceptance of terms and conditions of this Agreement, the App Distributors will have the right to enforce this Agreement against you as a third-party beneficiary.
Intellectual Property Rights
The content available on the App (“App Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by and licensed to UOMI™ and are subject to copyright and other intellectual property rights under Canada, the United States, and foreign laws and international conventions. The App Content includes, without limitation, all source codes, databases, functionalities, software, app designs, audio, video, text, photographs, and graphics. All UOMI™ designs, logos, graphics, page headers, button icons, scripts and service names are registered trademarks, common law trademarks, or trade dress of UOMI™ in Canada, the United States and other countries around the world. Our trademarks and trade dress may not be used, including as part of trademarks and as part of domain names, in connection with any product or service in any manner that is likely to confuse and may not be copied, imitated, or used, in whole or part, without our written consent.
The App Content is provided to you on “AS IS” basis for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, advertised, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. Provided that you are eligible to use the App, UOMI™ grants you a limited license to access and use it, including the App Content and to download and print a copy of any portion of thereof to which you have properly gained access solely for your personal, non-commercial use. UOMI™ reserves all rights not expressly granted to you in and to the App and the App Content and Marks.
Third Party Adverts
Occasionally, there may be third party adverts (including images, videos, audios, texts, etc.) on the App which are posted by third party companies. Such third-party adverts are available for reference and your convenience only, and the content of such adverts does not represent UOMI™’s view, neither do we guarantee you that they are safe and secure to access. We advise you to read the terms and conditions and privacy policies of any third-party adverts available on the App so as to know their principles. You hereby release UOMI™ from all liability claims and damages incurred from any third-party advert available through the App.
Term and Termination
This Agreement shall remain in force for as long as you use the App. You may terminate this Agreement for any reason or no reason at any time by messaging us via info@uomiapp.com or by going through the settings area on the App.
Not limiting the foregoing, UOMI™ reserves the right, in our sole discretion, to terminate your use of the App and the services provided through it for a breach of this Agreement and the representations agreed to above.
App Service Disclaimer
YOU NOW AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UOMI (INCLUDING EMPLOYEES, OFFICERS, LICENSOR, AND OWNERS) HEREBY DISCLAIM ALL WARRANTIES REGARDING THE APP AND YOUR USE, WHETHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. UOMI DOES NOT WARRANT TO YOU THAT THE APP WILL PROVIDE THE SERVICES AS IT SHOULD BE. WE DO NOT WARRANT THAT THE THIRD-PARTY ADVERTS AVAILABLE ON THE APP WILL BE SAFE AND ACCURATE; THEREFORE, UOMI SHALL NOT BE LIABLE TO YOU FOR:
- ERRORS AND MISTAKES THAT MAY OCCUR FROM THE APP;
- INJURIES, DAMAGES, AND LOSSES INCURRED FROM USING THE APP;
- ANY UNAUTHORIZED ACCESS OR USE OF YOUR PERSONAL INFORMATION BY HACKERS;
- BUGS, TROJAN HORSES, VIRUSES, OR THE LIKES WHICH MAY BE TRANSMITTED TO THE APP BY THIRD PARTIES; AND
- THE FAILURE OF THE APP TO FUNCTION DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL UOMI™ OR ANYONE/ENTITY AFFILIATED TO US BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGE OR LOSS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, AND DATA WHICH MAY OCCUR AS A RESULT OF YOUR USE OF THE APP – EVEN IF UOMI FORSAW THE POSSIBILITY OF SUCH DAMAGE OCCURRING. NOTWITHSTANDING THE FOREGOING, UOMI’S LIABILITY (IF FOUND LIABLE) FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED A SUM OF CAD 150.
SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDED RIGHTS.
You hereby agree to defend, indemnify, and hold harmless, UOMI™, our affiliates, employees, officers, owners, and subsidiaries from and against any loss, damage, claim, liability, demand, and expenses, including reasonable attorneys’ fees made by any third party which may arise as a result of your use of the App, your violation of this Agreement, and your breach of applicable law.
Governing Law and Dispute Resolution
This Agreement shall be governed and construed in accordance with the laws of the Province of Quebec, Canada without regard to conflict of law and its principles.
You and UOMI™ agree that any dispute arising out of this Agreement or relating to legal matter relating to this Agreement shall ultimately be settled by arbitration in accordance with the Arbitration Rules of the édiation Et D’Arbitrage Du Québec in accordance with the rules of law and the provisions of the Code of Civil Procedure of Quebec in force at the time of this dispute. The arbitration shall be final and binding. The seat of the arbitration shall be anywhere decided by parties in Quebec. The arbitration shall be conducted in English or French.
Modifications
UOMI™ reserves the sole right to, without incurring any liability, review, update, change, or modify a portion of the App, this Agreement, and the services provided through the App. Any modification to this Agreement may or may not be communicated to you. if we decide to send any modification notice to you, we will forward it to the email address you submitted through the App. You are advised to frequently review this Agreement for any modification to it.
Entire Agreement
This Agreement represents the entire agreement between you and UOMI™ regarding your use of the App, and it supersedes all other understandings and agreements that may have existed prior to it.
No Waiver
If UOMI™ delays or fail to enforce or enforce a right or provision under this Agreement, such delay or failure shall not serve as a waiver of such rights at a later date.
No Assignment
You acknowledge that it is against the terms and conditions of this Agreement to assign your rights under the App without our written consent. We, on the other hand, reserves the right to assign any task to third party service providers under this Agreement.
Force Majeure
UOMI™ shall not be liable to you or third party for any loss, damage, or delay you may encounter with the App which may be due to circumstances beyond our reasonable control, including but not limited to, severe weather conditions, riots, government intervention, acts of God, war, etc.
If any provision under this Agreement is determined by the applicable law to be invalid or unenforceable, such provision shall be severed or deleted without it affecting the validity and enforceability of the other provisions.
No Partnership
There is no partnership, joint venture, employment, or agency relationship created between you and UOMI™ as a result of this Agreement or your use of the App and the services thereunder.
Contact Information
For inquiries, questions, complaints, feedback, reviews, and requests regarding this Agreement, the App, and our services, please, reach out to UOMI™ at info@uomiapp.com.
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