IKIOO PURCHASE OF SERVICES AND GOODS USER AGREEMENT

ABOUT YOUR ACCOUNT

 

This user agreement will be effective as to all users on March 1, 2018. Welcome to Ikioo!

This user agreement is a contract between you and Ikioo, Inc. that governs your use of your Ikioo account and the Ikioo services. It applies to U.S. Ikioo accounts only. For an individual to open a U.S. Ikioo account and use the Ikioo services, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence. For a business to open a U.S. Ikioo account and use the Ikioo services, the business must be organized in, operating in, or resident of, the United States or one of its territories.

 

By opening and using a Ikioo account, you agree to comply with all of the terms and conditions in this user agreement, so please read all of the terms and conditions carefully. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you:

• Privacy Policy
• Ikioo Acceptable Use Policy
• Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)

 

Please read carefully all of the terms of these policies and each of the other agreements that apply to you.

 

We may amend this user agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days’ prior notice by posting notice on the Policy Updates page of our website.

 

Opening an Account

We know people use Ikioo for different reasons. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access your Ikioo account and the Ikioo services. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your Ikioo account profile.

 

Closing Your Ikioo Account

When you close your Ikioo account, we will cancel any scheduled or incomplete transactions. You must withdraw any Ikioo balance from your Ikioo account prior to closing it.

You will remain liable for all obligations related to your Ikioo account even after the Ikioo account is closed. In certain cases, you may not close your Ikioo account, including:

• To evade an investigation.
• If you have an open Ikioo Credit account linked to your Ikioo account; however, your Ikioo account can be restricted at your request so it is only open to enable you to service your Ikioo Credit
• If you have a pending Ikioo Pay After Delivery transaction, we will not close your Ikioo account until that transaction has been completed, but we may limit your ability to make additional transactions using your Ikioo
• If you have a pending transaction or an open dispute or
• If your Ikioo account has a negative balance.
• If your Ikioo account is subject to a hold, limitation or

Link or Unlink a Payment Method

You can link or unlink a debit card, credit card, a U.S. bank account or Ikioo Credit to your Ikioo account as a payment method. Please keep your payment method information current (i.e. credit card number and expiration date). If this information changes, we may update it as directed by your bank or card issuer without any action on your part. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner. To do this, we will charge $1.95 to the card. After the card is confirmed, we will immediately refund this amount to the card.

 

Holding an Ikioo Balance

Money that you receive from other Ikioo account holders is held as a balance in your Ikioo account. Any Ikioo balance you hold represents an unsecured claim against Ikioo and is not insured by the Federal  Deposit Insurance Corporation (FDIC). Ikioo combines your Ikioo balance with the Ikioo balances of other Ikioo customers and invests those funds in liquid investments in accordance with state money transmitter laws. Ikioo owns the interest or other earnings on these investments. These pooled amounts are held separate from Ikioo’s corporate funds, and Ikioo will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy.

 

Adding or Withdrawing Money

Adding money

You don't need a Ikioo balance to buy something using your Ikioo account.  You may use the payment methods linked to your Ikioo account to fund transactions you make using your Ikioo account.

 

Withdrawing money

If you have a settled Ikioo balance, you may withdraw it in the first 10 days of each calendar month by:

• Transferring it to a bank account linked to your Ikioo account,
• Transferring it to an eligible debit card linked to your Ikioo account (subject to a $0.25 fee, which will be deducted from the amount of the withdrawal),
• Requesting a check from us (subject to a non-refundable fee of $1.50, which will be deducted from the amount of the withdrawal).

 

We may delay a withdrawal, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your Ikioo account have been reversed (for example, as a result of a chargeback, bank reversal or dispute by a buyer ). Additionally, if we place a limitation on your Ikioo account while a withdrawal from your Ikioo account is pending, you will have to reinitiate the withdrawal once the limitation has been lifted.

 

We may set limits on your withdrawals, and you can view your withdrawal limit, if any, by logging into your Ikioo account. Completing two out of three of the following steps can help us verify your Ikioo account, which may allow us to remove any withdrawal cap:

 

• Verifying your bank account.
• Linking and confirming your credit or debit card
• Providing your social security number.

 

We don’t charge a fee to make a transfer to your bank.  If your debit card is eligible to receive withdrawals from   your Ikioo account, you will be provided the option to use it when you  transfer  money  out  of  your  Ikioo balance (subject to a $0.25, which will be deducted from each withdrawal).

 

When you withdraw funds from an ATM using a Ikioo-branded debit card, you may be charged a fee by the owner of the ATM and an additional fee by us per the terms of your Cardholder Agreement that can be found on the Legal Agreements page. Other withdrawal limits also apply to the use of your Ikioo-branded debit card. Please refer to the applicable Cardholder Agreement for details that can be found on the Legal Agreements page.

 

If you request a paper check from us, you must cash it within 180 days of the date of issuance, or we will return the funds to your Ikioo balance and retain the non-refundable fee of $1.50.  We will not send a check to a  post office box, and we will only send a check to an address once we have confirmed that it belongs to you.

 

The definition of a ‘settled ikioo account’ is the summary of completed undisputed services and goods transactional operations and performances for a fiscal period of one calendar month.

Managing Your Money in Multiple Currencies

 

Holding a Ikioo balance in a currency other than U.S. dollars

Your Ikioo balance may be held in any of the currencies supported by Ikioo, and you may hold a Ikioo balance in more than one of these currencies at the same time. You are responsible for all risks associated with maintaining a Ikioo balance in multiple currencies. You may not manage multiple currencies for speculative trading purposes.

 

Currency conversion

Some uses of your Ikioo account require a currency conversion. Some examples of situations where a currency conversion is required include:

• Purchasing goods from a seller who accepts payments only in a specific currency which you do not hold in your Ikioo
• Receiving money either from a buyer or from a friend of family member in a currency that your Ikioo account is not configured to
• Converting your Ikioo balance from one currency to another, not in connection with any
• Withdrawing funds from your Ikioo balance held in a currency other than U.S. dollars to the bank account linked to your Ikioo account.
• If you sold something and the transaction must be refunded or reversed, and you do not have the correct currency available in your Ikioo balance at the time of the refund or reversal.

 

If Ikioo converts the currency, we will use a wholesale exchange rate (adjusted from time to time based on market conditions) to perform the conversion.

For the purchasing and send money transactions described above you shall be charged an additional 3.0% of the amount of the transaction, on top of the

wholesale exchange rate, as a currency conversion “spread”.

When you purchase goods from a merchant who accepts payment only in a specific currency that you do not hold in your Ikioo balance, the currency conversion will occur at the time your transaction is processed and the wholesale exchange rate in effect at the time of the transaction will be used for this currency conversion.

When your payment is funded by a debit or credit card and requires a currency conversion, you consent to and authorize Ikioo to convert the currency in place of your debit or credit card issuer. You have the right to have your card issuer perform the currency conversion and can choose this option during checkout on your transaction review page before you complete the transaction.  If your card issuer converts the currency, you’ll be charged a rate set by them (shown on your statement), and you’ll be subject to any fees and terms set by them related to the conversion.

Ikioo will always perform the conversion for transactions where your Ikioo balance or linked bank account is the payment method.

 

Account Statements and Requesting Account Records in Writing

You have the right to receive an account statement showing your Ikioo account activity. You may view your Ikioo account statement by logging into your Ikioo account.

 

In the event you request that we send you written records related to your Ikioo account, we may charge you a fee of $10.00 per item requested. We will not charge you for records requested in connection with your good- faith assertion of an error in your Ikioo account.

BUYING

Sending Money to or Receiving Money From a Friend or Family Member

 

Sending money

You can send money to a friend or family member using the send money feature in your Ikioo account (sometimes called “personal payments” or “peer-to-peer/P2P payments”). You can send money to a friend or family member even if they don’t have a Ikioo account at the time you send them money, using their email address or mobile number in any currency that Ikioo supports, and you can choose which payment method  you want to use. If the person to whom you are sending money does not have a Ikioo account, they can claim  it by creating an account, or it will be refunded to you. Receiving money from a friend or family member is described under Receiving Money.

We may, at our discretion, impose limits on the amount of money you can send, including money you send for purchases. You can view your sending limit, if any, by logging into your Ikioo account. Completing the same steps to verify your information as is required for the removal of withdrawal limits, may allow us to increase your sending limits.

When you send money to a friend or family member, one of three things may happen:  they may accept,   decline or fail to claim the money. If they either decline to accept the money or don’t claim it within 30 days of the date it is sent, the money (including any fees you were charged for sending the money) will be refunded to:

• The original payment method you used for the transaction, if you used a credit card, debit card or Ikioo Credit as the payment method, or
• Your Ikioo balance, if you used your Ikioo balance as the payment method or a bank account as the payment method, once the money clears the

 

Fees

When you buy or sell something on Ikioo you may pay a platform service fee to Ikioo which ranges between 3% to 10% based on certain internal utilization parameters.

 

When Ikioo identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, Ikioo will place a hold on the transaction and notify the seller to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the seller and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the funds to you.

 

Preapproved payments

You can agree with a seller who accepts Ikioo to use Ikioo as the payment method for future purchases with that seller. This agreement is between you and the seller and allows the seller to take funds from your Ikioo account with your authorization either on a one-time, regular or sporadic basis. Preapproved payments of this type are sometimes called a “billing agreement,” "subscription," "recurring payment,” “reference transaction,” "preauthorized transfer" or "automatic payment."

 

You may cancel a preapproved payment up to 3 Business Days before the date of the next scheduled payment by contacting us through your Ikioo account profile or by calling Ikioo at (844) ikioo go or (844) 454 6646. Once you contact Ikioo to cancel a preapproved payment, all future preapproved payments under your agreement with that seller will be stopped.  If you cancel a preapproved payment, you may still owe the seller money for the purchase or have additional obligations to the seller for any goods or services that you receive but have not   paid for.

 

Refunds

When you buy something from a seller online using Ikioo and the transaction is ultimately refunded, the money will be refunded to the original payment method you used for the transaction if you used a debit card, credit card, or Ikioo Credit. If you used a bank account or your Ikioo balance as the payment method for the

 

transaction, the money will be refunded to your Ikioo balance once the initial payment clears the bank. For purchases you make in a seller’s store location that you paid for using your Ikioo account and the transaction is ultimately refunded, the money will be refunded to your Ikioo balance.

 

When you buy something from a seller using Ikioo that required a currency conversion which Ikioo performed, and a refund is issued:

• Within 60 days of the date of the original payment, the exchange rate used at the time of the original payment is used.
• Beyond 60 days of the date of the original payment, the exchange rate on the date of the refund is

Payment Method Used for My Transaction

 

Selecting a preferred payment method

You can choose any of the payment methods in your Ikioo account as your preferred payment method. You can select a preferred payment method in your account preferences on www.ikioor.com or in the Ikioo app.

 

You can set separate preferred payment methods for online transactions, in-store transactions and pre- approved payments with a seller.

 

If you have chosen an online preferred payment method, it will be shown as the primary method of payment when making a purchase or sending money via goods and services.

 

If you have chosen a preferred payment method for in-store transactions or for pre-approved payments with a seller and you do not have any money in your Ikioo balance, your preferred payment method will be used for your purchase. If you do have a Ikioo balance, your Ikioo balance will be used first and your preferred payment method will be used for any remaining amount due.

 

There may be times when your preferred payment method cannot be used, for example, if you select a credit card that has expired. Also, the availability of certain payment methods may be limited based on that particular seller or the third party website you are using to complete the transaction.

 

If no preferred payment method, it’s still your choice

If you have not selected a preferred payment method, or your preferred payment method is unavailable, we will show you multiple available payment methods, including the payment method you used most often or most recently, at the time of transaction.

 

Bank account transfers

When you use your bank account as a payment method, you are allowing Ikioo to initiate a transfer from your bank account to the recipient. For these transactions, Ikioo will make electronic transfers via ACH from your bank account in the amount you specify. You authorize Ikioo to try this transfer again if the initial transfer is rejected by your bank for any reason.

 

E-check

E-check is a payment method where you use your bank account as your payment method, and the payment is not received by the recipient until the transaction is processed from the bank. This process usually takes 3-5 Business Days, but this amount of time will increase if the payment is sent from a bank account located outside the United States.

 

Debit card processing

Ikioo will process your debit or prepaid card funded transactions through either Paypal, Inc. or the ATM debit network or the Visa, MasterCard or Discover network. If we process your debit or prepaid card through Paypal, Inc. or an ATM debit network, we may provide you with the opportunity to switch to a Visa, MasterCard or Discover network by changing your preferences for that debit or prepaid card through your Ikioo account profile. If you use your Ikioo-branded debit card for a payment that is not in U.S. dollars, your transaction will be funded with your U.S. dollar Ikioo balance, even if you have a Ikioo balance in another currency. Any required currency conversion will be performed by Visa, MasterCard, Discover or a similar third party and may be subject to a fee by that third party.

Loyalty Cards and Reward points

If you use the Ikioo application on your mobile phone, you may store loyalty card numbers or bar codes or reward points,    where applicable, for certain sellers in your Ikioo account. When you store your loyalty card numbers or bar codes or reward points in your Ikioo account, you will earn any rewards, subject to the seller’s loyalty card terms and conditions, at the time you make your payment to the merchant by presenting the stored loyalty card number or bar code or reward points  to the seller at the point of sale. It is your responsibility to make sure you have entered your loyalty card information correctly and that you update it as necessary. It is also your responsibility to ensure that you are receiving the rewards to which you are entitled.  Ikioo is not responsible for managing your loyalty card  account by offering this service and any questions about your loyalty card or associated rewards program   should be directed to the seller who offers the card.

Ikioo’s Purchase Protection Program

 

What’s covered

When you buy something from a seller who accepts Ikioo, you may be covered by Ikioo’s Purchase   Protection program. When applicable, Ikioo’s Purchase Protection program entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any. When you dispute a transaction, Ikioo determines, in its sole discretion, whether your claim qualifies for the Purchase Protection program. Ikioo’s original determination is considered final, but you may be able to file an appeal of the  decision with Ikioo if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.

Important: You may be required to return the item to the seller or other party specified by Ikioo as part of the settlement of your claim. Ikioo’s Purchase Protection program does not entitle you to reimbursement for the return shipping costs that you may incur.

Ikioo’s Purchase Protection program may apply when you encounter these specific problems with a transaction:

• You didn’t receive your item from a seller (referred to as an “Item Not Received” claim), or
• You received an item, but the item isn’t what you ordered (referred to as a “Significantly Not as Described” claim).

If you believe that a transaction made through your Ikioo account was not authorized by you, this type of claim is different from the Purchase Protection program, and is described below under Liability for Unauthorized Transactions and Other Errors.

 

Item Not Received claims

 

Your claim will not qualify for a refund under Ikioo’s Purchase Protection program for an Item Not Received claim, if:

• You collect the item in person, or arrange for it to be collected on your behalf, including if you use Ikioo in a seller’s store location, or
• Ikioo has adequate proof from the seller indicating that the item was delivered or order was

If the seller presents evidence that they delivered the goods to your address, Ikioo may find in favor of the seller for an Item Not Received claim even if you did not receive the goods.

 

Significantly Not as Described claims

To qualify for Purchase Protection as a Significantly Not as Described claim, the item must be materially different from the seller’s description of the item.

The following claims will qualify as a Significantly Not as Described claim:

• You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
• The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.
• The item was advertised as authentic but is not authentic (i.e. counterfeit).
• The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
• You purchased a set of three items but only received
• The item was damaged during

The following claims will not qualify as a Significantly Not as Described claim:

• The defect in the item was correctly described by the seller in its description of the
• The item was properly described but you didn't want it after you received
• The item was properly described but did not meet your
• The item has minor scratches and was described as “used.”

 

Ineligible items and transactions under Ikioo’s Purchase Protection program

Payments for the following are not eligible for reimbursement under Ikioo Purchase Protection:

• Real estate, including residential property.
• Financial products or investments of any
• Businesses (when you buy or invest in a business).
• Vehicles, including, but not limited to, motor vehicles, motorcycles, caravans, aircraft and
• Significantly Not As Described claims for custom-made
• Donations including payments on crowdfunding
• Items prohibited by the Ikioo Acceptable Use Policy.
• For Item Not Received claims, items which you collect in person or arrange to be collected on your behalf, including items bought in a seller’s store
• Industrial machinery used in
• Anything purchased from, or an amount paid to, a government
• Stored value items such as gift cards and pre-paid
• Gambling, gaming and/or any other activity with an entry fee and a
• Payments made using Ikioo Payouts and Mass Pay or guest checkout transactions (i.e. not sent using your Ikioo account).

 

Transaction eligibility for Ikioo’s Purchase Protection program

To be eligible for Ikioo Purchase Protection you must meet all of the following requirements:

• Have a Ikioo account in good
• Pay for the eligible item from your Ikioo
• You must respond to Ikioo's request for documentation and other information in a timely manner. If you do not respond to Ikioo’s request for documentation and other information in the time requested, your Ikioo Purchase Protection claim may be decided against
• You must open a dispute within 15 days of the date you sent the payment, then follow the online dispute resolution process.
• You have not received a recovery related to such purchase from another

 

Our online dispute resolution process

If you’re unable to resolve a transaction-related issue directly with a seller, you must follow our online dispute resolution process through the Resolution Center or by sending an email to support@ikioo.com  to pursue a claim under our Purchase Protection program. You may also file a claim (Step 2 below) by calling us and speaking to an agent. The steps you must follow are described below, and if you do not follow these steps your claim may be denied:

Step 1:  Open a dispute within 15 days of the date you made the payment.  This might allow you to start a  direct conversation with the  seller regarding your issue  with  the  transaction  that may help  resolve  the  dispute. If you are unable to resolve the dispute directly with the seller, proceed to Step 2.   We will place a hold on all    funds related to the transaction in the seller's account until the dispute is resolved or closed.

Step 2: Escalate the dispute to a claim for reimbursement within 10 days after opening the dispute, if you and the seller are unable to come to an agreement, or we will automatically close the dispute. You can escalate the dispute to a claim for reimbursement through the Resolution Center. The seller or Ikioo may also escalate the dispute to a claim at this point.  If you are making an Item Not Received claim, Ikioo may ask you to wait at  least 7 days from the transaction date to escalate the dispute.

Step 3: Respond to Ikioo’s requests for documentation or other information, after you, the seller or Ikioo escalates your dispute to a claim for reimbursement. Ikioo may require you to provide receipts, third party evaluations, police reports or other documents that Ikioo specifies. You must respond to these requests in a timely manner as requested in our correspondence with you.

Step 4: Comply with Ikioo’s shipping requests in a timely manner, if you’re filing a Significantly Not as Described claim. Ikioo may require you, at your expense, to ship the item back to the seller, to Ikioo or to a third party (which will be specified by Ikioo) and to provide proof of delivery.

Proof of delivery means:

• For transactions that total less than $750 U.S. dollars (or the foreign currency threshold in the table below), confirmation that can be viewed online and includes the delivery address showing at least city/state or zip code, delivery date, and the identity of the shipping company you
• For transactions that total $750 U.S. dollar (or the foreign currency threshold in the table below) or more, you must provide signature confirmation of

 

Step 5: Ikioo will make a final decision on your claim, in its sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online dispute resolution process or any other information Ikioo deems relevant and appropriate under the circumstances.

Note that when you are making Digital Goods Micropayments Purchases, there are special rules that apply and that include pre-determined thresholds where we may, at our discretion, reverse the transaction without requiring you to take further action. We may limit the number of automatic reversals that you benefit from, but, even if that is the case, you will still be able to follow Ikioo's standard dispute resolution processes described above.

 

Dispute with us or your card issuer

If you used a debit or credit card as the payment method for a transaction through your Ikioo account and  you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Your rights with your card issuer, if they apply, may be broader than those available to you under Ikioo’s Purchase Protection program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory items even if they don’t qualify for protection under a Significantly Not as Described claim with us.

You must choose whether to pursue a dispute with Ikioo under our Purchase Protection program, or to   pursue the dispute with your card issuer. You can’t do both at the same time or recover your money from both Ikioo and your card issuer. If you pursue a dispute/claim with us and you also pursue a dispute for the same transaction with your card issuer, we’ll close your dispute/claim with us. This won’t affect the dispute process with your card issuer. In addition, if you pursue a dispute with your card issuer, you cannot pursue a dispute/claim with us later.

If you choose to dispute a transaction with Ikioo and we decide against you, you can seek to pursue the dispute with your card issuer later. If Ikioo does not make a final decision on your claim until after your card issuer's deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer).

Before contacting your card issuer or filing a dispute with Ikioo, you should contact the seller to attempt to resolve your issue in accordance with the seller’s return policy.

SELLING AND ACCEPTING PAYMENTS

 

Accepting Payments From Buyers for Goods and Services

 

Receiving personal payments

If you use your Ikioo account to receive payments for the sale of goods and services, you must not ask your buyer to send you money using other means. If you do so, Ikioo may remove your Ikioo account’s ability to accept payments.

 

No surcharges

You agree that you will not impose a surcharge or any other fee for accepting Ikioo as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-Ikioo transactions.

 

Non discouragement

In representations to your customers or in public communications, you agree not to mischaracterize Ikioo as a payment method. At all of your points of sale (in whatever form), you agree not to try to dissuade or inhibit   your customers from using Ikioo; and, if you enable your customers to pay you with Ikioo, you agree to treat Ikioo’s payment mark at least at par with other payment methods offered.

 

Taxes and information reporting

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority.

Ikioo is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.

 

You acknowledge that we may make certain reports to tax authorities regarding transactions that we process. For example, Ikioo is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all of your Ikioo accounts associated with the same tax identification number if you receive more than $20,000 in payments for good and services and process more than 200 transactions involving goods or services through those Ikioo accounts in the same calendar year.

 

Receiving payments from student accounts

Ikioo may block your ability to receive payments from student accounts if you sell goods or services that may be illegal for minors to purchase under any applicable laws or regulations. This includes, but is not limited to, alcohol, tobacco or adult-oriented materials.

 

Your refund policy and privacy policy

You must publish a return policy and a privacy policy on your website and, if you accept Ikioo transactions in- store, at your store location.

 

Payment review

Ikioo reviews certain potentially high-risk transactions. If Ikioo determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you to delay shipping of the   item. Ikioo will conduct a review and either clear or cancel the payment. If the payment is cleared, Ikioo will provide notice to you to ship the item.  Otherwise, Ikioo will cancel the payment and the funds will be  returned to the buyer, unless we are legally required to take other action. All payments that clear this payment review will be eligible for Ikioo Seller Protection coverage if they meet the Ikioo Seller Protection requirements. Ikioo will provide notices to you by email and through your Ikioo account.

 

In-store payments

If you accept payments through your Ikioo account in your store location, you must communicate the amount of the transaction to the customer before the transaction takes place. You may charge your customer’s Ikioo account only for transactions that they have authorized.  You must also provide customers with a physical  receipt if they request one. You agree that any transaction that you make shall have an accurate and true description of the goods and services being purchased.

 

Marketplace sellers

If you’re a seller on a marketplace or through a third party application where Ikioo is offered, obey any rules that apply to the marketplace’s or the third party application’s buyer protection program for sales you make through that forum. Any such protections may require you to take certain actions and may impact how claims are processed.

 

Card not present transactions

Whenever a buyer uses a debit or credit card as the payment method for a transaction using their Ikioo account to buy something from you as a seller, the transaction will be processed as a “card not present” transaction, even if the buyer is at your store location.

 

Accepting preauthorized payments

As a seller, you can accept payments from a buyer’s Ikioo account through preauthorized transfers either on a one-time, regular or sporadic basis. This type of transaction is sometimes called a “billing agreement,” "subscription," "recurring payment,” “reference transaction,” "pre-approved payment " or "automatic payment."

 

Transaction Fees for Online and In-Store Payments

 

Your Ikioo transaction fees depend on the country where the buyer has a Ikioo account and whether or not you are registered as a charitable organization and have active 501(c)(3) status. Your 501(c)(3) status must be documented with Ikioo to receive the rates applicable to charitable organizations, and those rates will apply only after you document your status with us.

 

Standard transactions fees

The fees you pay when you sell goods or services online and in your store location and the buyer pays using his/her Ikioo account can be found on the Standard Transaction Fees table (See Exhibit B to this PDF copy of the User Agreement). Please note that:

• We may adjust the fees applicable to future transactions that you process using Ikioo, but before we do that you will have at least 30 days’ advance notice of any such
• If you refund a transaction to a buyer or a donation to a donor, Ikioo retains the fixed fee portion of the fees you paid.
• If you accept payments using a Ikioo product, the fees applicable to those products will apply to your

 

Refunds, Reversals and Chargebacks

 

General information

If you receive a payment for selling goods or services that is later refunded or invalidated for any reason, you   are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is refunded or otherwise reversed, Ikioo will refund or reverse the transaction from your Ikioo account in the same currency as the original transaction. If your Ikioo balance for a particular currency is insufficient to cover the amount of a refund or reversal, Ikioo will perform a currency conversion in order to refund or reverse the transaction, and you will be charged for the currency conversion.

If you refund a payment for good or services, we will retain the fixed fee portion of the fees you paid as the seller. The buyer’s Ikioo account will be credited with the full payment amount and the fixed fee portion of the fees you paid as the seller will be deducted from your Ikioo account in addition to the amount of the refunded payment.

 

Payments that are invalidated and reversed

Payments to you may be invalidated and reversed by Ikioo if:

• You lose a Ikioo Purchase Protection claim submitted to us by a buyer, including as a result of your failure to respond in a timely
• Your buyer pursues a chargeback related to a card-funded transaction and the transaction is not eligible for Ikioo Seller Protection. The card issuer, not Ikioo, determines whether a buyer is successful when he/she pursues a chargeback related to a card-funded
• You do not fulfill the transaction as promised or you cannot provide proof of shipment or proof of delivery when required.
• ikioo decides against you under its money back guarantee program (and you haven’t opted out).
• Our investigation of a bank reversal (sometimes known as an ACH return) made by a buyer or the buyer’s bank finds that the transaction was
• Ikioo sent the payment to you in error.
• The payment was unauthorized (i.e., a credit card-funded payment was made by someone with a credit card that did not belong to them).
• You received the payment for activities that violated this user agreement or any other agreement between you and Ikioo.

 

When you receive a payment, you are liable to Ikioo for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason. If your Ikioo balance is insufficient to cover your liability for the payment amount plus the fees, then this will result in a negative Ikioo balance. Any negative Ikioo balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to  your Ikioo balance to eliminate the negative Ikioo balance. If you do not do so, Ikioo may engage in collection efforts to recover such amounts from you or take other action as outlined under Amounts owed to Ikioo. Ikioo may also place a limitation or take other action on your Ikioo account as outlined under Restricted Activities and Holds.

 

Chargeback fees

If you receive a debit or credit card-funded payment through your Ikioo account and the buyer pursues a chargeback for the transaction with his/her card issuer, then Ikioo will not assess you with a chargeback fee if the transaction is eligible for Ikioo Seller Protection. However, if the transaction is ineligible for Ikioo Seller Protection, Ikioo will assess you with a chargeback fee (for facilitating the chargeback process) regardless of whether the buyer is successful in pursuing the chargeback with the card issuer.

The applicable chargeback fee will be deducted from your Ikioo account. The chargeback fee is $20 for transactions in U.S. Dollars, or the amount specified on the Chargeback Fees table (see Exhibit E to this pdf copy of the User Agreement) in the currency of the original transaction if the transaction is not in U.S. Dollars.

Impact of various purchase protection processes on sellers

You should read and understand Ikioo’s Purchase Protection program, and if you sell goods and services to buyers with Ikioo accounts in countries other than the U.S., you also should be familiar with the purchase protection available to buyers in each of  those countries. Buyers’ rights under these programs are important for you to understand as a seller.

 

Ikioo’s Seller Protection Program

 

What’s covered

If you sell something to a buyer and the transaction is later disputed or reversed under Reversals, Claims or Chargebacks, you may be covered by Ikioo’s Seller Protection program. When it applies, Ikioo’s Seller Protection program entitles you to retain the full purchase amount and we will waive any related chargeback fees paid (for debit and credit card-funded transactions). There is no limit on the number of payments for which you can receive coverage. By accessing the transaction details page in your Ikioo account you can determine whether or not your transaction is eligible for coverage under this program.

Ikioo’s Seller Protection program may apply when a buyer claims that:

• The buyer did not authorize, or benefit from, funds sent from his or her Ikioo account (referred to as an “Unauthorized Transaction” claim); or
• The buyer didn’t receive the item from you (referred to as an “Item Not Received” claim).

 

Ikioo’s Seller Protection program may also apply when a transaction is reversed because of a successful chargeback by a buyer or when a bank funded payment is reversed by the buyer’s bank.

This section describes Ikioo’s Seller Protection program as it applies to you, but you should be familiar with Ikioo’s Purchase Protection programs applicable to each country where your buyers are located because  those programs give buyers rights that may impact you as a seller

 

Basic requirements

To be eligible for Ikioo’s Seller Protection, you must meet all of the following requirements

• The primary address for your Ikioo account must be in the United
• The item must be a physical, tangible good that can be
• You must ship the item to the shipping address on the transaction details page in your Ikioo account for the transaction. If you originally ship the item to the recipient's shipping address on the transaction details page but the item is later redirected to a different address, you will not be eligible for Ikioo Seller Protection. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and
• You must respond to Ikioo's requests for documentation and other information in a timely manner as requested in our email correspondence with you or in our correspondence with you through the Resolution Center. If you do not respond to Ikioo’s request for documentation and other information in the time requested, you may not be eligible for Seller
• If the sale involves pre-ordered or made-to-order goods, you must ship within the timeframe you specified in the listing. Otherwise, it is recommended that you ship all items within 3 days after receipt of

 

Item Not Received additional requirements

To be covered by Ikioo’s Seller Protection program for a buyer’s Item Not Received claim, you must meet both the basic requirements listed above and the additional requirements listed below:

• Where a buyer files a chargeback with the issuer for a card-funded transaction, the payment must be marked “eligible” for Ikioo’s Seller Protection on the Transaction Details
• You must provide proof of delivery as described below.

 

Unauthorized Transactions additional requirements

To be covered by Ikioo’s Seller Protection program for a buyer’s Unauthorized Transaction claim, you must meet both the basic requirements listed above and the additional requirements listed below:

• The payment must be marked “eligible” or “partially eligible” for Ikioo’s Seller Protection on the Transaction Details page.
• You must provide proof of shipment or proof of delivery as described

 

Establishing proof of delivery or proof of shipment

Ineligible items and transactions

Your sale is not eligible for coverage under Ikioo’s Seller Protection program if:

• It involves intangible, non-physical, items, including digital goods, and services. Digital goods are delivered and used in an electronic format, like a song delivered online or through a mobile

• The buyer claims (either with us or their card issuer) that the item you sent isn’t what was ordered (referred to as a “Significantly Not as Described” claim).
• It involves an item that Ikioo determines, in its sole discretion, is a counterfeit item.
• It involves an item that you deliver in person, including in connection with a payment made in your store location.
• It involves sales that are not processed either through a buyer’s Ikioo account or a guest checkout transaction. For example, if the sale was made using non ikioo services not eligible for
• It involves items equivalent to cash including gift
• It involves a donation.
• It relates to the purchase of a financial product or investment of any
• It involves a payment made using Ikioo Payouts.

 

Ikioo Advertising Program

 

The Ikioo Advertising Program enables you to promote Ikioo services, including Ikioo Credit, through Ikioo-hosted banners and buttons on your websites or in your customer emails. Ikioo may change the content provided through this program at any time for any reason, and Ikioo may choose to discontinue the Ikioo Advertising Program at any time.

RESTRICTED ACTIVITIES AND HOLDS

 

Restricted Activities

In connection with your use of our websites, your Ikioo account, the Ikioo services, or in the course of your interactions with Ikioo, other Ikioo customers, or third parties, you will not:

• Breach this user agreement, the Ikioo Acceptable Use Policy, the Commercial Entity Agreements (if they apply to you), any other agreement between you and Ikioo, or violate any Ikioo
• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).
• Infringe Ikioo's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
• Sell counterfeit
• Act in a manner that is defamatory, trade libelous, threatening or
• Provide false, inaccurate or misleading information.
• Send or receive what we reasonably believe to be potentially fraudulent
• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
• Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Ikioo and the seller, bank or card issuer for the same
• Control an account that is linked to another account that has engaged in any of these restricted
• Conduct your business or use the Ikioo services in a manner that results in or may result in
  • complaints;
  • requests by buyers (either filed with us or card issuers) to invalidate payments made to you;
  • fees, fines, penalties or other liability or losses to Ikioo, other Ikioo customers, third parties or you.
• Use your Ikioo account or the Ikioo services in a manner that Ikioo, Paypal, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
• Allow your Ikioo account to have a negative Ikioo balance.
• Provide yourself a cash advance from your credit card (or help others to do so).
• Access the Ikioo services from a country that is not included on Ikioo's permitted countries list.

 

• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Ikioo services) operated by us or on our behalf or the Ikioo services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Ikioo services; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Ikioo services) operated by us or on our behalf, any of the Ikioo services or other users’ use of any of the Ikioo services.
• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service
• Use the Ikioo services to test credit card behaviors.
• Circumvent any Ikioo policy or determinations about your Ikioo account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Ikioo account(s) when an account has a negative Ikioo balance or has been restricted, suspended or otherwise limited; creating new or additional Ikioo accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Ikioo account.
• Harass and/or threaten our employees, agents, or other users.

 

Actions We May Take if You Engage in Any Restricted Activities

 

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect Ikioo, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

• Terminate this user agreement and/or close or suspend your Ikioo account, and we may refuse to provide the Ikioo services to you in the
• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Ikioo services) operated by us or on our behalf, your Ikioo account or any of the Ikioo services, including limiting your ability to pay or send money with any of the payment methods linked to your Ikioo account, restricting your ability to send money or make withdrawals.
• Hold your Ikioo balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy.
• Suspend your eligibility for Ikioo’s Purchase Protection program and/or Ikioo’s Seller Protection program.
• Contact buyers who have purchased goods or services from you using Ikioo, your bank or credit card issuer, other impacted third parties or law enforcement about your
• Update inaccurate information you provided
• Take legal action against you.
• If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to Ikioo caused by your violation of this
• If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to Ikioo for the amount of Ikioo's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 U.S. dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of Ikioo's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to Ikioo that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. Ikioo may deduct such damages directly from any existing Ikioo balance in any Ikioo account you control.

 

If we close your Ikioo account or terminate your use of the Ikioo services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your Ikioo account available for withdrawal.

 

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Ikioo, any Ikioo customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Ikioo services. You agree to reimburse Ikioo, any Ikioo customer, or a third party for any and all such liability.

Holds, Limitations, and Reserves

 

What are holds, limitations and reserves

Under certain circumstances, in order to protect Ikioo and the security and integrity of the network of buyers and sellers that use the Ikioo services, Ikioo may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should visit the Resolution Center or follow the instructions in our email notice with respect to the limitation, hold or reserve.

 

Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of Ikioo, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Ikioo 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.

 

Holds

A hold is an action that Ikioo may take under certain circumstances either at the transaction level or the account level. When Ikioo places a temporary hold on a payment, the money is not available to either the sender or the recipient. Ikioo reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where Ikioo will hold payments include:

• New sellers or sellers who have limited selling
• Payments for higher-risk categories like electronics or
• Sellers who have performance issues, or a high rate of buyer dissatisfaction or

 

Holds based on Ikioo’s risk decisions

We may place a hold on payments sent to your Ikioo account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your Ikioo account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your Ikioo account  with an indication that they are unavailable or pending. We’ll notify you, either through your Ikioo account or directly by phone or email, whenever we place a hold.

 

Risk-based holds generally remain in place for up to 60 days from the date the payment was received into your Ikioo account. We may release the hold earlier under certain circumstances (for example, if you’ve uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion. The hold may last longer than 60 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below. In this case, we’ll hold the payment in your Ikioo account until the matter is resolved (but no longer than 180 days).

 

Holds based on disputed transactions

If a payment sent to you as a seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your Ikioo account to cover the amount that could be reversed. Any of the situations described under Refunds, Reversals and Chargebacks are situations that  could  result  in  us placing a hold on a payment. If we determine the transaction should not be reversed, we’ll lift the temporary hold. If we determine the transaction should be reversed, we’ll remove the funds from your Ikioo account.

 

Limitations

Limitations prevent you from completing certain actions with your Ikioo account, such as withdrawing,  sending or receiving money.  These limitations are implemented to help protect Ikioo, buyers and sellers   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 Ikioo account open.

 

There are a number of reasons why your Ikioo account could be limited. For instance,

• If we suspect someone could be using your Ikioo account without your knowledge, we’ll limit it for your protection and look into the fraudulent
• If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your Ikioo account and your bank account.
• In order to comply with regulatory requirements. For example, requesting certain products, like a debit card, can trigger federal and state laws, and we may limit your Ikioo account while we work together to satisfy those requirements.
• Due to Ikioo policies we have in place to ensure we’re in compliance with law.
• If we reasonably believe you have violated the Acceptable Use Policy.
• Seller performance indicating your Ikioo account is high risk. For example, receiving an unusually high number of claims and chargebacks from your buyers is an indication of poor seller performance. If you start selling an entirely new type of product, such as a higher-cost item like jewelry, or if your typical sales volume increases rapidly, your Ikioo account may be limited.

 

To remove the limitation and restore your Ikioo account, you will need to resolve any issues with the account, often by providing information to us, although there may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we’re in compliance with laws).  If you find that your Ikioo account has been limited, you   should either review the email you receive from us informing you that your Ikioo account is limited, or log in to your Ikioo account for additional details about the limitation on your Ikioo account.

 

Reserves

We may place a reserve on your Ikioo account if we believe there may be a high level of risk associated with you, your Ikioo account, your business model, or your transactions. When we place a reserve on your Ikioo account, it means that all or some portion of the money in your Ikioo account is reserved as unavailable for withdrawal in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your Ikioo account or use of the Ikioo services. Reserves may be placed on your Ikioo account at the time you open a Ikioo account or at any time during the life of your Ikioo account. We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and from third parties. When we place a reserve on your Ikioo account, the funds will appear in your Ikioo account as a “Pending Balance,” and we’ll notify you of the terms of the reserve. If we change the terms of the reserve, we’ll notify you of the new terms.

 

Ikioo considers a list of non-exclusive factors and whether and how these factors have changed over time, including:

• How long you have been in
• Whether your industry has a higher likelihood of
• Your payment processing history with Ikioo and other
• Your business and/or personal credit
• Your delivery time
• Whether you have higher than average number of returns, chargebacks, claims or

 

There are two types of reserves that may be placed on your Ikioo account, and one or both may be applied at the same time:

• A Rolling reserve is a reserve where a percentage of each transaction you receive each day is held and then released later on a scheduled basis. For example, your reserve could be set at 10% and held for a 90-day rolling period – meaning 10% of the money you receive on day 1 is held and then released on day 91, 10% of the money you receive on day 2 is held until day 92, etc. Rolling reserves are the most common type of reserve.
• A Minimum reserve is a specific minimum amount of money that you’re required to keep available in your Ikioo balance at all times. The minimum reserve is either taken as an upfront amount deposited all at once or is established on a rolling basis from percentages of sales until the minimum reserve is achieved, much like a rolling reserve.

 

Court Orders, Regulatory Requirements or Other Legal Process

 

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Ikioo account, placing a reserve or limitation on your Ikioo account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your Ikioo account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.

 

LIABILITY FOR UNAUTHORIZED TRANSACTIONS AND OTHER ERRORS

 

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Ikioo account, you should regularly log into your Ikioo account and review your Ikioo account statement. Ikioo will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

 

Ikioo will try to protect you from unauthorized activity in your Ikioo account. Ikioo is not responsible for any unauthorized activity in your ikioo account.

 

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money is sent from your Ikioo account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Ikioo account, and sends a payment from your Ikioo account, an Unauthorized Transaction has occurred.

 

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

• If you give someone access to your Ikioo account (by giving them your login information) and they use your Ikioo account without your knowledge or permission. You are responsible for transactions made in this situation.
• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

 

Reporting an Unauthorized Transaction

If you believe your Ikioo login information has been lost or stolen, call: (844) 454 6646 during regular business hours 9 am – 5 pm PST or email support@ikioo.com.

 

Tell us AT ONCE if you believe your Ikioo login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your Ikioo account.

 

Also, if your Ikioo account statement shows transfers that you did not make, including those made with your Ikioo login information or by other means, tell us at once. If you do not tell us within 7 days after we provided the statement to you, you may not get back any money you lost.

 

Error Resolution

 

What is an Error

An “Error” means the following:

• When money is either incorrectly taken from your Ikioo account or incorrectly placed into your Ikioo account, or when a transaction is incorrectly recorded in your Ikioo
• You send a payment and the incorrect amount is debited from your Ikioo
• An incorrect amount is credited to your Ikioo account.
• A transaction is missing from or not properly identified in your Ikioo account
• We make a computational or mathematical error related to your Ikioo
• You request receipt or periodic statement documents that Ikioo is required to provide to
• You request information concerning preauthorized (recurring) transfers to your Ikioo account that Ikioo is required to provide to you.
• You request additional information or clarification concerning a transfer to or from your Ikioo account, including a request you make to determine whether an error has
• You inquire about the status of a pending transfer to or from your Ikioo
• You request documentation or other information, unless the request is for a duplicate copy for tax or other record-keeping purposes.

 

What is not considered an Error

The following are NOT considered Errors:

• If you give someone access to your Ikioo account (by giving them your login information) and they use your Ikioo account without your knowledge or permission. You are responsible for transactions made in this situation.
• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.
• Routine inquiries about your Ikioo balance.
• Requests for duplicate documentation or other information for tax or other recordkeeping

 

In case of Errors or questions about your electronic transfers

Telephone us at (844) 454 6646 , contact us through the Ikioo Resolution Center; or write us at support@ikioo.com

 

Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 7 days after we sent the FIRST statement on which the problem or error appeared.

• Tell us your name and account number (if any).
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more
• Tell us the dollar amount of the suspected

If you tell us orally, we may require that you send us your complaint or question in writing within 3 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 3 Business Days, we may not credit your account.

For errors involving new accounts, point-of-sale transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.

We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

• You receiving less than the correct amount to which you were entitled, then we will credit your Ikioo account for the difference between what you should have received and what you actually
• You receiving more than the correct amount to which you were entitled, then we will debit your Ikioo account for the difference between what you actually received and what you should have
• Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:
  • through no fault of ours, you did not have enough available funds to complete the transaction;
  • our system was not working properly and you knew about the breakdown when you started the transaction or
  • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable

 

Processing errors are not:

• Delays that result from Ikioo applying holds, limitations or reserves.
• Delays based on a payment review.
• Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some
• Your errors in making a transaction (for example, mistyping an amount of money that you are sending).

 

Remittance Transfer Errors

 

What is a Remittance Transfer

You may be protected for certain errors when you send money using a Ikioo account outside of the U.S. A “Remittance Transfer” is a transaction that meets the following criteria:

• The payment is sent from a personal Ikioo account that is used primarily for personal, family or household purposes,
• The payment is made for personal, family or household purposes,
• The payment is made using the send money feature through your Ikioo account,
• The payment amount equals or exceeds $15 USD (excluding fees charged to you) or the foreign currency equivalent calculated using exchange rates in effect at the time of the transaction, and
• The recipient of the payment has a Ikioo account in a country outside the U. S.

 

Payments that you make at a merchant website or location by selecting Ikioo as a payment option are not “Remittance Transfers.”

 

What qualifies as a Remittance Transfer Error

A “Remittance Transfer Error” occurs if:

• You paid an incorrect amount to send the Remittance Transfer. For example, you were charged more than the total shown on the remittance transfer receipt you received (unless the total shown on the receipt was an estimate, and the difference results from application of the actual exchange rate, fees, and taxes).
• Ikioo made a computational or bookkeeping error, such as a miscalculation of the amount the recipient received.
• The amount stated in the remittance transfer receipt was not made available to the recipient, unless:
  • we stated in the remittance transfer receipt that we used estimates and the difference in the amount received and the amount stated in the remittance transfer receipt results from application of the actual exchange rate, fees, and taxes, or
  • the problem was caused by extraordinary circumstances outside our control.
• Funds were available to the recipient later than the date of availability that was disclosed to you on the remittance transfer receipt or were not delivered, unless:
  • extraordinary circumstances outside our control caused the delay, and we could not reasonably anticipate those circumstances,
  • delays resulted from fraud screenings, or were caused by requirements of the Office of Foreign Assets Controls or similar requirements, or
  • you (or someone assisting you) made the transfer with fraudulent intent.
• You request documentation or information concerning the Remittance Transfer, such as information required to determine if a Remittance Transfer Error occurred.

 

What is not considered a Remittance Transfer Error

The following are NOT considered Remittance Transfer Errors:

• An inquiry about the status of a Remittance Transfer, except where the funds from the transfer were not made available to a designated recipient by the disclosed date of availability,
• A request for information for tax or other recordkeeping purposes,
• A change requested by the designated recipient, or
• A change in the amount or type of currency received by the designated recipient from the amount or type of currency stated in the disclosure provided you, if we relied on information provided by you in making the disclosure.

 

What to do if you think there has been a Remittance Transfer Error or problem

If you think there has been a Remittance Transfer Error or problem with your Remittance Transfer:

• Call us at: (844) 454 6646.
• Write us at: support@ikioo.com.
• Log in to your account at com and go to the Resolution Center and dispute a transaction.

 

You must contact us within 7 days of the date we promised to you that funds would be made available to the recipient. When you do, please tell us:

• Your name, address and telephone number,
• The error or problem with the transfer, and why you believe it is an error or problem,
• The name of the person receiving the funds, and if you know it, his or her telephone number or address,
• The dollar amount of the transfer, and
• The confirmation code or number of the transaction.

 

We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.

OTHER LEGAL TERMS

 

Communications Between You and Us

If you provide us your mobile phone number, you agree that Ikioo and its affiliates may contact you at that number using autodialed or prerecorded calls or text messages to: (i) service your Ikioo-branded accounts,

(ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We  may  share  your mobile phone number with service providers with whom we contract to assist us with the activities listed above,     but we will not share your mobile phone  number  with  third  parties  for  their  own  purposes  without  your consent. You do not have to agree to receive autodialed or prerecorded calls or  texts  to  your  mobile  phone number in order to use and enjoy the products and services offered by Ikioo. You  can  decline  to  receive autodialed or prerecorded calls or texts to your mobile phone number by calling us at 1-844-454-6646. Standard telephone minute and text charges may apply.

Ikioo may communicate with you about your Ikioo account and the Ikioo services electronically as  described in our Electronic Communications Delivery Policy. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.

Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Liability for Unauthorized Transactions and Other Errors process), written notices to Ikioo must be sent by postal mail to: Ikioo Technologies, Inc., Attention: Legal Department, 191 S. Buena Vista Street, Suite # 370 Burbank California 91505.

You understand and agree that, to the extent permitted by law, Ikioo may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Ikioo or its agents  for quality control and training purposes or for our own protection. You acknowledge and understand that  while your communications with Ikioo may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Ikioo, and Ikioo does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

 

Ikioo’s Rights

 

Ikioo suspension and termination rights

Ikioo, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Ikioo services) operated by us or on our behalf or some or all of the Ikioo services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in    your Ikioo balance.

 

Security interest

As security for the performance of your obligations under this user agreement, you grant to Ikioo a lien on, and security interest in and to, your Ikioo balance in the possession of Ikioo.

 

Amounts owed to Ikioo

If your Ikioo balance becomes negative for any reason, that negative Ikioo balance represents an amount that you owe to Ikioo. Ikioo may deduct these amounts from funds that are added to your Ikioo account later, either by you or from payments you receive. If you have more than one Ikioo account, we may set off a negative Ikioo balance in one Ikioo account against a Ikioo balance in your other Ikioo account(s). If you continue using your Ikioo account when it has a negative balance, you authorize Ikioo to combine the negative balance with any debit or transaction sent from your account when that combination is disclosed to you in advance of initiating the debit or transaction.

If you manage your Ikioo balance in multiple currencies, and the Ikioo balance for one of the currencies becomes negative for any reason, Ikioo may set off the negative Ikioo balance by using funds you maintain    in a different currency.  If you have a negative Ikioo balance in non-U.S. dollars for a period of 21 days or longer, Ikioo will convert this negative Ikioo balance to U.S. dollars. In either case, a currency conversion may be required, and you will be required to pay a currency conversion spread.

In addition to the above, if you have a past due amount owed to us, or our affiliates, Ikioo may debit your Ikioo account to pay any amounts that are past due. This includes amounts owed by using our various third party products.

 

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this user agreement.

 

Assumption of rights

If Ikioo invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that Ikioo assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Ikioo's discretion.

 

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

Indemnification and Limitation of Liability

 

In this section, we use the term “Ikioo” to refer to Ikioo Technologies, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

 

Indemnification

You must indemnify Ikioo for actions related to your Ikioo account and your use of the Ikioo services. You agree to defend, indemnify and hold Ikioo harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Ikioo services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Ikioo account or access our websites, software, systems (including any networks and servers used to provide any of the Ikioo services) operated by us or on our behalf, or any of the Ikioo services on your behalf.

 

Limitation of liability

Ikioo’s liability is limited with respect to your Ikioo account and your use of the Ikioo services. In no event shall Ikioo be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Ikioo services) operated by us or on our behalf, any of the Ikioo services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.    In addition, to the extent permitted by applicable law, Ikioo is not liable, and you agree not to hold Ikioo responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Ikioo services) operated by us or on our behalf, or any of the Ikioo services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used  to provide any of the Ikioo services) operated by us or on our behalf and any of the Ikioo services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and

servers used to provide any of the Ikioo services) operated by us or on our behalf or any of the Ikioo services or any website or service linked to our websites, software  or any of the Ikioo services; (4) glitches, bugs,   errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used  to provide any of the Ikioo services) operated by us or on our behalf or any of the Ikioo services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Ikioo account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Ikioo’s policies.

 

Disclaimer of Warranty and Release

 

No warranty

The Ikioo services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. Ikioo specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Ikioo does not have any control over the products or services provided by sellers who accept Ikioo, and Ikioo cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. Ikioo does not guarantee continuous, uninterrupted or secure access to any part of the Ikioo services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Ikioo services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. Ikioo will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but Ikioo makes no representations or warranties regarding the amount of time needed to complete processing because the Ikioo services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

 

Release of Ikioo

 

If you have a dispute with any other Ikioo account holder, you release Ikioo from any and all claims,   demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out    of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

Agreement to Arbitrate

You and Ikioo agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:

• Affects your rights and will impact how claims you and we have against each other are
• Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against
• Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice and the opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time.

 

If a dispute arises between you and Ikioo, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Ikioo regarding the Ikioo services may be reported to customer service online through the Ikioo Help Center at any time, or by calling (844) 454-6646 from Mon-Fri 9:00 AM to 5:00 PM PST.

Agreement to Arbitrate
Our Agreement	You and Ikioo each agree that any and all disputes or claims that have arisen or may arise between you and Ikioo, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non- Individualized Relief	You and Ikioo agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Ikioo agree otherwise, the arbitrator(s) may not 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. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Ikioo customers.
Arbitration Procedures	Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party, by certified mail, a completed form Notice of Dispute. You should send this notice to Ikioo at: Ikioo, Inc., Attn: Litigation Department, Re: Notice of Dispute, 191 S. Buena Vista Street, Suite # 370, Burbank California 91505. Ikioo will send any notice to you to the address we have on file associated with your Ikioo account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Ikioo are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or Ikioo may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Ikioo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Ikioo subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Ikioo may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Ikioo shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Ikioo customers, but is/are bound by rulings in prior arbitrations involving the same Ikioo customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Costs of Arbitration	Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Ikioo will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Ikioo should be submitted by mail to the AAA along with your Demand for Arbitration and Ikioo will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Ikioo will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Ikioo for all fees associated with the arbitration paid by Ikioo on your behalf that you otherwise would be obligated to pay under the AAA's rules.
Severability	With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void, but the remainder of this user agreement will continue to apply.
Opt-Out Procedure	If you are a new Ikioo customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. You must mail the opt-out notice to Ikioo Technologies, Inc., Attn: Litigation Department, 191 S. Buena Vista Street, Suite # 370, Burbank CA 91505. For your convenience, we are providing an opt-out notice form you must complete and mail to opt out of this Agreement to Arbitrate. You must complete this form by providing all the information it calls for, including your name, address, phone number, and the email address(es) used to log in to the Ikioo account(s) to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of the user agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to this Agreement to Arbitrate	Not with standing any provision in the user agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Ikioo prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and Ikioo. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.ikioor.com or ikioo App at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your Ikioo account within the 30-day period and you will not be bound by the amended terms.

Intellectual Property

 

Ikioo’s trademarks

"Ikioor.com," “ikioo.com”,"Ikioo," and all logos related to the Ikioo services are either trademarks or registered trademarks of Ikioo or Ikioo's licensors. You may not copy, imitate, modify or use them without Ikioo's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Ikioo. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Ikioo for the purpose of directing web traffic to the Ikioo services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Ikioo or the Ikioo services or display them in any manner that implies Ikioo's sponsorship or endorsement. All right, title and interest in and to the Ikioo websites, any content thereon, the Ikioo services, the technology related to the Ikioo services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Ikioo and its licensors.

 

License grants, generally

If you are using Ikioo software such as an API, developer's toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then Ikioo grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use Ikioo's software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party.  You must comply with the implementation,  access and use requirements contained in all documentation accompanying the Ikioo services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, Ikioo and third parties. Ikioo may update or discontinue any software upon notice to you. While Ikioo may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the Ikioo Services, you have not been granted and do not otherwise retain any rights in or

 

to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise  create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to Ikioo’s software are owned by Ikioo and any third party materials integrated therein are owned by Ikioo’s third party service providers.  Any other third party software application you use on the Ikioo websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Ikioo does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the Ikioo services.

 

License grant from you to Ikioo; intellectual property warranties

Ikioo does not claim ownership of the content that you provide, upload, submit or send to Ikioo. Nor does Ikioo claim ownership of the content you host on third-party websites or applications that use Ikioo services to provide payments services related to your content.  Subject to the next paragraph, when you provide    content to Ikioo or post content using Ikioo services, you grant Ikioo (and parties that we work with) a non- exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. Ikioo will not compensate you for any of your content.  You acknowledge that Ikioo’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Ikioo.

 

License grant from sellers to Ikioo

Notwithstanding the provisions of the prior paragraph, if you are a seller using the Ikioo services to accept payments for goods and services, you hereby grant Ikioo and its affiliates a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this user agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts a Ikioo service as   a payment form, and (2) any other use to which you specifically consent.

Miscellaneous

 

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without Ikioo's prior written consent. Ikioo may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

 

Business Days

References in this user agreement to “Business Day(s)” mean(s) Monday through Friday, excluding holidays when Ikioo’s offices are not considered open for business in the U.S.  Holidays include New Year's Day  (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a holiday falls on a

 

Saturday, Ikioo observes the holiday on the prior Friday. If the holiday falls on a Sunday, Ikioo observes the holiday on the following Monday.

 

Consumer fraud warning

We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:

• Spoofing: a scammer sends forged or faked electronic documents or emails falsely claiming to be Ikioo or coming from Ikioo but asks you to send money outside your Ikioo
• Debt Collection: a scammer impersonates a debt collector and induces you to send money using threats or intimidation.
• Employment Related: a scammer instructs you to send money in connection with a fraudulent offer of employment.

 

Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others.  Remember that if you don’t send the payment through your    Ikioo account, you’re not covered by Ikioo Purchase Protection.  Please let us know immediately if you  believe someone is trying to scam or defraud you by contacting us at 1-888-221-1161, or 1-402-935-2050 if calling outside the U.S.

 

Escheatment of dormant accounts

If you do not log in to your Ikioo account for two or more years, Ikioo may close your Ikioo account and send the Ikioo balance to your primary address or, if required, escheat (send) your Ikioo balance to your state of residency. Ikioo will determine your state of residency based on the state listed in the primary address for your Ikioo account. If your address is unknown or registered in a foreign country, your Ikioo balance will be escheated to the State of California. Where required, Ikioo will send you a notice prior to escheating any funds in your Ikioo account. If you fail to respond to this notice, your Ikioo balance will be escheated to the applicable state. If you would like to claim any escheated Ikioo balance from the applicable state, please contact the applicable state’s unclaimed property administrator.

 

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Ikioo.

 

Identity authentication

You authorize Ikioo, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring   you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain Ikioo services, federal law requires that Ikioo verify some of your information. Ikioo reserves the right to close, suspend, or limit access to your Ikioo account and/or the Ikioo services in the event we are unable to obtain or verify this information.

 

Ikioo is only a platform for services and goods rendered by independent providers

Our relationship with you under this user agreement is as a platform for services and goods rendered by independent providers , and Ikioo is an independent contractor for all purposes. Ikioo is not your agent or trustee.

 

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

 

State disclosures

In addition to reporting complaints against Ikioo directly to Ikioo as described above, if you are a California resident, you may report complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers/consumer_services.asp.  The California Department of Business Oversight offers assistance with its complaint form by phone at 866-275-2677.  If you are a  California resident, you have a right to receive communications about your Ikioo account and the Ikioo services by email. To make such a request, send a letter to Ikioo to: Ikioo, Inc., Attention: Legal Department, 191 S. Buena Vista Street, Suite# 370, Burbank California 91505, include your email address, and your request for that information by email.

Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.

 

Translation of agreement

Any translation of this user agreement is provided solely for your convenience and is not intended to modify  the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.

 

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your Ikioo account or your relationship with Ikioo. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted  by gambling businesses in connection with unlawful Internet gambling.

 

Your use of information

If you receive information about another Ikioo customer, you must keep the information confidential and only use it in connection with the Ikioo services. You may not disclose or distribute any information about Ikioo users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so.  You may not send unsolicited emails to a Ikioo customer or use the Ikioo services to   collect payments for sending, or assist in sending, unsolicited emails to third parties.