Terms and Conditions

Introduction

Welcome to PayVite (the “Platform”), a platform that provides a fast and secure way to send cash anywhere.

Consent

These Terms of Use establish a legally binding agreement between you, whether you are a guest or a registered user, and PayVite concerning your access and utilization of the Platform, including its content, website, software, services, and features offered on or through the Platform, collectively referred to as 'the Services.' We kindly request that you carefully review these Terms and Conditions for the Use of the Platform (referred to as the 'Terms of Use' or 'User Agreement') before utilizing the Platform. Please click the 'Agree' icon if you consent to and agree to be bound by (1) these Terms of Use and (2) the Privacy Policy ('the Policy').

By using the Platform, whether or not you have clicked the 'agree' button below, you acknowledge and accept the terms and conditions outlined on this Platform. These terms shall govern your use of the Platform, encompassing all pages and links within it. If you do not agree to these Terms of Use or our Privacy Policy, we kindly request that you refrain from using the Platform and its Services and exit immediately. Furthermore, if you do not agree with these Terms of Use or the Privacy Policy, you acknowledge that your sole recourse is to cease using this Platform. However, should you continue to browse, access, or use the Services in any manner, it will be understood that you have unreservedly accepted both the Terms of Use and the Privacy Policy for the Platform ('the Policy')

Review Of Terms Of Use

We reserve the right, at our sole discretion, to review, revise, and/or update these Terms of Use on the Platform at any time. Consequently, we recommend that you periodically review these Terms of Use. You also acknowledge and agree that we are not obligated to provide further notifications regarding any modifications. Any updates or modifications will take effect immediately upon their posting or on a specified date. You can access the most current version of the Terms of Use at any time by clicking on the "Terms of Use" link located at the bottom of the Platform's home page.

Age

To use our Platform or any of our Services, you must be at least 18 (eighteen) years old. By using our Platform or agreeing to these terms and conditions, you confirm and guarantee to us that you are at least 18 years old. Individuals under the age of 18 or under the applicable age of maturity may use our Services only with the involvement of a parent or legal guardian, under the account of such parent or legal guardian.

Password Security

To fully utilize our Services, you may need to create an account, during which you will be provided with (or you may choose) a username and password. Certain sections of our Services can only be accessed using these usernames and passwords ("User Restricted Areas"). It's important to emphasize that you bear full and sole responsibility for all use of the Services, and consequently, it is imperative that you maintain the confidentiality of your password at all times. Do not share your password with any third party or allow anyone else to access the User Restricted Areas using your password. If you have any reason to suspect that your username or password has been lost, compromised, or used improperly, please notify us promptly. Additionally, report any unauthorized or suspicious activities in your account immediately.

User Information/Know Your Customer (KYC) Requirements

When creating an Account, registering, or engaging in trading on our Platform, it may be necessary for you to furnish and/or validate information and documents to enable us to establish your identity. These may include:

• A copy of an official government-issued photo ID, such as a passport, driver's license, or another valid form of identification;

• Any other information and documents that we may periodically request.

By using our services, you grant us the authorization to, either directly or through a third-party, collect, verify, and record information and documents that aid in verifying your identity and other pertinent details.

Service Terms

The Platform enables users to request Services. By using our Platform, you agree to abide by the following terms:

a. **User Responsibility:** As a Platform user, you are responsible for making your own decisions based on your independent research, assessments, judgment, discretion, and understanding of risks. Neither PayVite nor its affiliates, employees, directors, or agents shall be held liable for any direct or indirect damages, losses, or costs incurred as a result of using or relying upon any information, reports, verifications, or content on this site or any website linked to this Platform.

b. **Limited License:** Permission is granted to temporarily download one copy of the materials (information or software) from the Platform for personal, non-commercial, temporary viewing only. This grant constitutes a license, not a transfer of title, and under this license, you may not:

i. Modify or copy the materials;

ii. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

iii. Attempt to decompile or reverse engineer any software contained on the PayVite website;

iv. Remove any copyright or other proprietary notations from the materials; or

v. Transfer the materials to another person or "mirror" the materials on any other server.

This license will automatically terminate if you violate any of these restrictions and may be terminated by PayVite at any time. Upon termination of your access to these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

Available Content and Use

a. **Content Description:** The Platform comprises a variety of content, which includes but is not limited to text, data, information, files, documents, software, scripts, layout, design, functionality, aesthetics, graphics, images, audio, videos, audiovisual combinations, interactive features, and any other materials. You may view, access, or download this content (but only as expressly permitted in paragraph C below) on the Platform.

Proprietary Rights

All the contents of the Platform, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by PayVite, its affiliates, and, where applicable, third parties and regulatory agencies that have licensed such rights to PayVite ("Licensors"). Therefore, the Platform is protected by copyright, trademark, and other applicable intellectual property rights/laws. Except as specifically permitted herein, you shall not copy, reproduce, republish, upload, post, transmit, modify, transfer, assign, gift, create an alternate database, sell, decompile, or replicate the whole or part of or distribute the contents of the Platform or any part of it in any way, including by e-mail or other electronic means, without the prior consent of PayVite or its Licensors.

Restrictions on Use of the Platform

Please be aware that the contents of this Platform are intended solely for your information and use, as outlined through the provided functionality of the Services and in accordance with this Terms of Use. Consequently:

i. You must not use our Platform in a manner that may cause damage to the Platform or PayVite, impair the performance, availability, or accessibility of the Platform.

ii. You must not engage in any unlawful, illegal, fraudulent, or harmful activities while using our Platform, nor use it for any such purposes or activities that violate applicable laws or regulations.

iii. You are prohibited from circumventing, disabling, or otherwise interfering with security-related features of the Services, including those that prevent or restrict the use or copying of content.

iv. You may not utilize data collected from our Platform for any direct marketing activities, including email marketing, SMS marketing, telemarketing, or direct mailing.

v. Altering, removing, or falsifying any Content or attributions on the Platform is strictly prohibited.

vi. Using the Platform in a manner that creates liability for us, results in the loss of services from our Internet Service Providers, or exposes us to regulatory sanctions is not allowed.

vii. You should not download any Content from the Platform unless you see a "download" or similar link displayed by us on the Platform for that content or unless we grant you permission to do so.

Additionally, you acknowledge and agree that:

i. You are responsible for your conduct while using the Platform and for any consequences that may arise from it.

ii. You will use the Platform and its Services only for legal, appropriate purposes in accordance with this Terms of Use, the Privacy Policy, the Data Protection Policy, and all applicable laws, rules, regulations, consumer protection laws, unfair competition laws, anti-discrimination laws, and foreign laws.

iii. You are solely responsible for your interactions with other users of the Platform ("Users"), both within and outside of the Platform. PayVite expressly disclaims any responsibility for interactions, losses, or liabilities between users or between you and any third party outside of the Platform.

a. **Disclaimer:**

i. Your use of the Services is at your own risk, and the Platform is provided to you on an 'AS IS' and 'AS AVAILABLE' basis. You agree to evaluate, seek independent advice, and assume all risks associated with using the Platform.

ii. We shall not be liable for any damages (including, without limitation, damages for any consequential loss) arising in any way, whether in contract, tort, or otherwise, from your use of or inability to use our Platform, its contents and materials, or from any actions or omissions resulting from using the Platform or its contents. In no event shall our liability for any proven damages or losses exceed the amount paid by you, if any, during the relevant transaction.

iii. All liability is excluded to the fullest extent permitted by applicable law, including any implied terms, as the content of this Platform is provided "as is" without warranties of any kind. We reserve the right to change, revise, or update the content of this Platform at any time without notice to you.

Prohibited Customer Categories

PayVite is prohibited from engaging with customers falling into any of the following categories or participating in any of the following activities, as determined by PayVite in its sole discretion and subject to potential updates by PayVite over time:

1. Firearms and weapons, including ammunition.

2. Customers selling goods or services that violate any law, statute, or regulation.

3. Drug paraphernalia.

4. Adult entertainment and/or adult content websites, including customers involved in electronic commerce for adult content (videotext) with MCCs 5967, 7273, and 7841.

5. Customers promoting "get rich quick" investments, businesses, or programs.

6. Substances designed to mimic illegal drugs.

7. Pawn shops.

8. E-cigarettes.

9. Internet/mail-order pharmacies.

10. Marijuana dispensaries and related products or services.

11. Pseudo pharmaceuticals.

12. Psychics and businesses associated with the "occult."

13. Activities that may damage brand or reputation, including child pornography, escort services, mail-order brides, and occult practices.

14. Customers selling products that infringe upon the intellectual property rights of others, including counterfeit goods or any product or service that violates the copyright, trademark, or trade secrets of any third party, such as numerous cyberlockers

Confidentiality

You agree to keep all communication, content, verification reports, intellectual property, or any other information and materials on the Platform confidential if they are marked as 'confidential' or are inherently intended for your knowledge only. You should maintain confidentiality unless you can reasonably demonstrate that such communication, information, or material is in the public domain through no fault of yours. Additionally, any communication, content, intellectual property, or other information and materials obtained through the use of this Platform should be treated as confidential and should not be disclosed to third parties without our prior written consent.

The confidentiality obligation mentioned in clause 8.1 does not apply to information that:

a. You already possessed or had access to independently without any restrictions before receiving it from PayVite; or

b. Became public knowledge, except due to your actions; or

c. Was rightfully received from a third party without any obligation of confidentiality; or

d. Was independently developed without using any of PayVite's confidential information, as evidenced by contemporaneous documentation; o

e. Was disclosed to a third party with PayVite's prior written approval and without any confidentiality obligation; or

f. Is demanded by a governmental, judicial, or regulatory order, provided that written notification of the demand is given to PayVite before making such disclosures.

Please note that all obligations related to Confidential Information under these Terms of Use will continue even after the termination of the Services, your use of our Platform, and the termination of access rights.

Use Of Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to PayVite (collectively, “Feedback”), unless expressly stated to be confidential, are not confidential. You hereby grant to PayVite a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.

Undertakings

You hereby agree to the following:

a. Not to access or use the Services in an unlawful manner or for an illegal or unauthorized purpose, including, but not limited to, violating data protection laws or any other applicable laws in The Republic of Guinea or your resident jurisdiction

b. Not to post, publish, or transmit any information on the Platform (a) under a false identity; (b) that is unlawful, malicious, defamatory, obscene, fraudulent, harmful to minors, harassing, discriminatory, threatening, or hateful towards any individual; or (c) that infringes upon or violates the contractual or intellectual property rights, privacy, or publicity rights of others.

c. Not to post, process, publish, or transmit any content (including, but not limited to, text, graphics, images, information, audio material, audiovisual material, scripts, software, and files) that is illegal or unlawful, or infringes upon any person's legal rights, potentially leading to legal action under any applicable law or jurisdiction.

d. Not to transmit, distribute, introduce, or make available in any manner through the Services any computer virus, keyloggers, malware, spyware, worms, Trojan horses, time bombs, or other malicious or harmful code (collectively referred to as "Harmful Code") or engage in any activities that may disrupt the operation of the Platform. Please note that we are not obligated to detect the presence of Harmful Code (as defined in the "Restrictions on the use of your Services" section above). Downloading any Content from the Platform is done at your own risk.

e. Not to use the Platform in a way that could damage, disable, or impair our services or networks

f. Not to attempt to gain unauthorized access to the Platform, user accounts, computer systems, or networks through hacking, password mining, or any other unlawful methods

Intellectual Property

Property Rights

11.1 PayVite shall retain ownership of the knowledge, trademarks, service marks, logos, slogans, patents, copyrights, or other intellectual property rights, whether within or outside the Platform. The use of the Platform, and nothing contained herein, shall create or transfer any intellectual property rights to PayVite, and you are not permitted to use any such rights owned by PayVite without our written consent.

11.2 If you believe that any content on the Platform infringes upon your copyrights, please contact us using the contact details provided below.

Financial Partners

We collaborate with other financial and payment service providers to offer our Services to you. To facilitate payments on or through the Platform, we may share your information with these financial partners. You hereby grant us authorization to share your identity and banking details with partner financial institutions for the purpose of providing our Services. PayVite will not be held responsible for any defaults, negligence, or breaches by the financial partners.

Termination/Suspension

In the event of any violation of these Terms of Use, PayVite reserves the right to suspend or terminate some or all of the Services at our discretion or restrict your access to the Platform. We retain the right to revoke, terminate, or suspend any privileges associated with accessing the Services for any reason, including regulatory directives or without any specific reason. You agree that PayVite shall not be held liable to you or any third party for the termination or suspension of your access to the Platform.

If you wish to close your account, you can do so by contacting PayVite's customer service using the contact information provided below. Unless otherwise specified and agreed, you are still obligated to settle any outstanding payments, if applicable, related to your use of the Platform before such closure request.

Links To Other Platforms

The Platform contains links to other platforms/websites or internet resources. PayVite has not reviewed all of the sites linked to its Internet web platform and is not responsible for the content of any such linked site. When you access third-party platforms/websites or links, you do so at your own risk. Links to other platforms/websites do not imply endorsement, control, guarantee, authorization, or representation of our affiliation with those third parties. Please be aware that this Terms of Use and our Privacy Policy do not apply to those third-party platforms. Therefore, you agree that PayVite shall not be liable under any circumstances in relation to your use of such other platforms/websites, and we will not accept liability or responsibility for the use of such sites.

Disclaimer Of Warranty

The Platform, its content, and all services on the platform are provided "as is" and "as available" without any warranty of any kind, express or implied. To the fullest extent permitted pursuant to applicable law, PayVite, its affiliates, and any person associated with PayVite and its affiliates, disclaim all warranties of any kind, whether express or implied, statutory or otherwise. This includes, but is not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Without limiting the foregoing, PayVite does not warrant that access to the Platform will be uninterrupted or error-free, or that any defects will be corrected within any specific timeframe. PayVite, its affiliates, and any person associated with PayVite make no representations about the accuracy, standard, reliability, currency, quality, completeness, usefulness, performance, security, or suitability of the Platform. PayVite does not warrant that the Platform is free of viruses or other harmful components. You shall be solely and fully responsible for any damage to any computer system, any loss of data, or any improper use or improper disclosure of information caused by you or any person using your login credentials. PayVite cannot and does not assume any responsibility for any loss, damages, or liabilities arising from the failure of any telecommunications infrastructure or the internet or from your misuse of any advice, ideas, information, instructions, or guidelines accessed through the Services. It is your responsibility to install or download sufficient software or hardware protection for your device or computer.

Limitation Of Liability

PayVite and its subsidiaries, affiliates, officers, directors, agents, or employees shall not be held liable to you or any other party for any punitive, exemplary, consequential, incidental, indirect, or special damages. This includes, without limitation, personal injury, lost profits, business interruption, loss of programs or other data on your computer or any other losses arising from or related to your use of the Platform or Services. Whether the basis for the claim is breach of contract, tort, negligence, strict liability, malpractice, or any other legal or equitable theory, even if PayVite has been advised of the possibility of such damages. By using our Services, you release PayVite from any claims and hold it and its parents, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any and all claims, demands, and damages, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that may arise from your use of the Services. This includes, without limitation, actual, special, incidental, and consequential damages.

This limitation of liability will be applied to the fullest extent allowed by law in the applicable jurisdiction. It also extends to damages incurred as a result of products or services sold or provided on any linked platforms or by third parties other than PayVite, which you may access through the Services or any linked platforms.

Notwithstanding the above limitation of liability, should you encounter any issues with the Platform or any of the services offered on it, your sole and exclusive remedy shall be to discontinue your use of the Platform. PayVite, its subsidiaries, affiliates, officers, directors, agents, or employees shall not, under any circumstances, be liable for any aspect of your use of the Services, including, but not limited to, errors or omissions on the Platform, downtime, infringement of intellectual property rights, or other third-party rights by the Platform, or any losses or damages resulting from the use of the Services.

Violations of Terms and Conditions

Without prejudicing our other rights stipulated in these terms and conditions, should you breach these terms and conditions in any manner or if we have reasonable grounds to suspect such a breach, the following actions may be taken:

i. Issuance of one or more formal written warnings to you;

ii. Temporary suspension of your access to our Platform;

iii. Permanent prohibition from accessing our Platform;

iv. Blocking of your access to the Platform;

v. Initiation of legal action against you, whether for breach of contract or otherwise; and/or

vi. Suspension or deletion of your account on our Platform.

Indemnification

Without diminishing the scope or impact of other provisions within this Terms of Use, you agree to indemnify, protect, and defend PayVite and its subsidiaries, affiliates, officers, directors, agents, and employees, as well as parent companies (collectively referred to as the "Indemnified Parties," and each individually as an "Indemnified Party"). This indemnification includes covering all costs, expenses, liabilities, and damages (including reasonable attorney's fees) incurred by PayVite or any other indemnified party concerning third-party claims arising from;

(i) Your usage of the Platform or any of its components;

(ii) Your failure to adhere to applicable laws and regulations

(iii) Your violation of any obligations outlined in this Terms of Use or our Privacy Policy

This indemnification responsibility will remain in effect beyond the conclusion of this Terms of Use and your use of the Platform. PayVite retains the right to assume exclusive control and defense of any matter subject to indemnification by you. In such cases, you will assist and cooperate with PayVite in asserting any available defenses.

Governing Law and Dispute Resolution

This Terms of Use and all disputes and matters stemming from the Platform (or its use) shall be subject to the laws of The Republic of Guinea.

In the event of a controversy, claim, or dispute arising from or related to this Terms of Use, the Parties shall make a good-faith attempt to promptly resolve such matter through negotiation between the parties or their authorized representatives. You are required, before pursuing any other legal remedy, to inform PayVite of the dispute or complaint using the contact details provided below. If the parties are unable to reach a resolution for the controversy, claim, or dispute, the parties are free to explore alternative dispute resolution methods recognized by the law, including mediation, arbitration, or litigation.

Miscellaneous

**Entire Agreement:** This User Agreement represents the exclusive agreement between you and PayVite concerning your use of the Platform/Services and the subject matter hereof. No oral or written statements or inducements, other than those contained in this Terms of Use, shall bind either you or PayVite.

**Severance:** If any provision of this Terms of Use is prohibited by law or determined by a court to be unlawful, void, or unenforceable, that provision shall be severed from this Terms of Use to the extent necessary, without affecting the validity or enforceability of the remaining provisions of this Terms of Use.

**Waiver:** Failure to insist on the performance of any term of this Terms of Use will not constitute a waiver of any subsequent default. No waiver by PayVite of any right under this Terms of Use shall be considered a waiver of any other right or provision or a waiver of that same right or provision at any other time.

**Assignment:** You are not permitted to assign, transfer, or delegate your rights or obligations under this Terms of Use, either in whole or in part.

**Bindingness:** This Terms of Use is binding upon both parties and their respective successors and permitted assigns. A printed version of this Terms of Use and any related notices given in electronic form shall be admissible in judicial or administrative proceedings related to this Terms of Use to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

Notice/Contact Details

In the event of any complaints, dispute notices, or other notifications, please reach out to us at: Email: payvite@proton.me