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This User Agreement ("Agreement") is a legally binding contract between you and Technology Holdings North America Inc. ("THNA," "we," or "us") that governs your use of the Vama services. By using the Vama services, you agree to comply with and be bound by this Agreement. Please read it carefully.
This user agreement constitutes a legally binding contract between the user and THNA. Users must be located within the United States and possess a U.S. bank account to utilize Vama services. By accessing Vama services, users agree to comply with all terms and conditions outlined in this agreement. Users are hereby notified of the existence of additional policies and agreements that may apply to specific Vama services, including without limitation the Privacy and Acceptable Use policies. Revisions will become effective as of the date mentioned in the revised agreement. Users agree to abide by any changes to the agreement or, if they do not agree, to close their Vama Wallet.
1. Vama wallets are exclusively offered for personal use. Each user is limited to one personal Vama wallet. Users must meet specific eligibility criteria, including being a U.S. resident, at least 18 years old, and using an owned cellular/wireless telephone number. Personal wallets are strictly prohibited from being used for business or commercial transactions. Users are obligated to maintain current wallet credentials and contact information.
2. Users may close their Vama wallet at no cost. Users acknowledge that they remain liable for any outstanding obligations even after closing their wallet. Any incomplete transactions will be either completed or canceled prior to wallet closure. There may be circumstances where wallet closure is not permitted.
Users have the capability to link or unlink payment methods (debit card, credit card, or U.S. bank wallet) to their Vama wallet. Users are responsible for maintaining current payment method information. Users may choose to contact the issuer to update or remove a payment method.
Users provide a general authorization to charge their linked payment method for payments and applicable fees. Users authorize specific transactions, including payments and related fees. Users can revoke this authorization by unlinking the payment method. Revocation may have limitations and may not affect prior transactions.
Users must verify required identifying information to hold a Vama balance and use received money for payments. A list of the required identifying information is provided here. Temporary restrictions on transferring money may apply until the required information is verified.
1. You may use the payment methods linked to your personal wallet to fund transactions, and a Vama balance is not needed to send money using your Vama wallet.
2. Holding Money in Your Vama Wallet
2.1 Any funds in your Vama wallet represent unsecured claims against us. In that case, we place the U.S. dollar funds held in your Vama wallet in one or more Program Banks, as explained below, and those funds are combined with the funds of other Vama wallet holders. Such funds are held in liquid investments in accordance with state money transmitter laws. You will not receive any interest or other return on the funds held with us. We or the Program Banks own the interest or other earnings on these investments. However, the claim against us represented by funds held in your Vama wallet is not secured by these assets, and you do not have any ownership interest (either legal or beneficial) in these assets. These pooled amounts are held apart from our corporate funds, and we will neither use these funds for our operating expenses nor will we voluntarily make these funds available to our creditors in the event of bankruptcy.
2.2 When we provide immediate or early credit for funds sent to your Vama wallet, there might be a delay between the time that funds are credited and when we actually transfer those funds to one of the custodial wallets. That amount might not be eligible for FDIC pass-through insurance in your name during this period, but we will still hold the funds as your agent and custodian in investments authorized by our state regulators. FDIC pass-through insurance coverage is contingent upon our maintaining accurate records and on both us and the Program Bank in which the funds are deposited otherwise complying with requirements in FDIC regulations. The determinations of whether these requirements have been satisfied and whether you are eligible for FDIC pass-through insurance coverage will be made by the FDIC at the time that a Program Bank holding a custodial wallet fails. You will not receive any interest or other return on funds held in these custodial wallets, and you agree that any earnings on funds in a custodial wallet belong to us, and we may be compensated for placing your funds in a custodial wallet.
3. Transferring Money out of Your Vama Wallet: Money in your Vama wallet may be transferred out of Vama by transferring it via standard transfer to a bank account or an eligible debit card linked to your Vama wallet. You can manage linked payment methods in the Payment Methods section of your Vama wallet settings. We may set limits on your bank transfers and debit card transfers, and you can view bank transfer and debit card transfers limits on the Personal Profile Bank Transfer Limits page. The fees applicable to transferring money out of Vama can be found on the Fees page. Fees and limits may change from time to time in our sole discretion.
4. Bank transfer reviews
4.1 We review wallet and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your Vama wallet activity and the activity of users with whom you have transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your Vama wallet and access to the money in it or that is sent to you until verification is completed.
4.2 Reviews may result in:
• Delayed, blocked, or canceled transfers.
• Money or payments being held by us.
• Money or payments being applied to amounts you owe to us or used to offset loss incurred by us.
• Wallet limitation, suspension, or termination.
• Money or payments being seized to comply with a court order, warrant, or other legal process.
• Money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).
5. Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Vama wallet.
6. VAMA SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE VAMA TO TRANSACT WITH PEOPLE YOU DON’T KNOW. UNLESS VAMA EXPRESSLY AUTHORIZES YOU, PAYMENT FOR A GOOD OR SERVICE PAYING OR RECEIVING PAYMENT FOR A GOOD OR A SERVICE IS PROHIBITED. IF YOU OR USE VAMA TO CONDUCT SUCH A TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU OR COULD LOSE BOTH THE UNDERLYING GOODS OR SERVICES AND THE MONEY SENT FOR THEM.
You have the right to receive wallet statements showing your Vama wallet activity. You may view your Vama wallet statements by logging into your Vama wallet on the Vama website.
1. By maintaining a Vama wallet, you consent to receive all monthly wallet statements, including any legal disclaimers, tax notices, or wallet-related disclosures, in electronic form. These materials may be delivered via email to the address associated with your Vama wallet or made available for download through your secure user dashboard.
2. You acknowledge and agree that such electronic delivery satisfies any legal requirement that wallet statements or disclosures be provided “in writing” under applicable laws, including the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the California Uniform Electronic Transactions Act (UETA).
3. Your continued use of the Vama wallet constitutes ongoing consent to this method of delivery. If you wish to withdraw your consent to electronic statements, you must notify Vama Support. Withdrawal of consent may result in delays in receiving required disclosures or limitations on wallet access, and may incur administrative fees for paper delivery.
1. Using your personal wallet, you can send money to or request money from a Vama user using the payments feature in your Vama wallet. They will have to accept any charge request before you are sent money. When you accept a charge request sent by another Vama user, you will send them money.
2. You can send money to or request money from a friend using the Pay and Request feature in your Vama wallet (sometimes called “personal payments” or “peer-to-peer/P2P payments”).
1. Vama does not currently permit the sale of goods and services. We may restrict the use of your Vama wallet if we believe you are engaged in selling activity on the Platform.
2. You are responsible for notifying us of any suspected Unauthorized Transactions or problems.
1. Under certain circumstances, in order to protect Vama and the security and integrity of the network that uses the Vama services, Vama may, in its sole discretion, take wallet-level or associated with your Vama wallet. 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.
2. Holds - A hold is an action that Vama may take under certain circumstances either at the transaction level or the wallet level. When Vama places a temporary hold on a transaction, the money is not available to either the sender or the recipient. Vama reviews many factors before placing a hold on a transaction, including wallet tenure, transaction activity, and past disputes.
3. We may place a hold on transactions involving your Vama wallet if, in our sole discretion, we believe that there may be a high level of risk associated with you, your Vama wallet, 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 hold based on a number of factors, including information available to us from both internal sources and third parties.
4. Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.
There are several reasons why your Vama wallet could be limited, including:
• If we suspect someone could be using your Vama wallet without your knowledge, we’ll limit it for your protection and look into the unusual activity.
• If another financial institution alerts us that someone has used one of your linked payment methods without permission.
• In order to comply with the law.
• If we reasonably believe you have violated or breached this agreement or the Acceptable Use Policy or Content Standards.
You will need to resolve any issues with your Vama wallet before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks, and any other liability.
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 Vama wallet, placing a hold or limitation on your Vama wallet, or releasing the funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you, or your Vama wallet. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement, or other legal process, the hold or limitation may remain in place longer than 180 days.
(a) An “error” means the following:When money is either incorrectly taken from your Vama wallet or incorrectly placed into your Vama wallet, or when a transaction is incorrectly recorded in your Vama wallet.You send a payment, and the incorrect amount is debited from your Vama wallet.An incorrect amount is credited to your Vama wallet.A transaction is missing from or not properly identified in the wallet statement. We make a computational or mathematical error related to your Vama wallet.
(b) The following are not considered errors:If you give someone authority to access your Vama wallet (for example, by giving them your login information) and they exceed their authority. You are responsible for transactions made in this situation.You request a receipt or periodic statement documents that we are required to provide to you.Routine inquiries about money in your Vama wallet or the status of a pending transfer to or from your Vama wallet, unless you expressly notify us of an error in connection with the transfer.Requests for duplicate documentation or other information for tax or other record-keeping purposes.If you suspect there are errors or questions about your electronic transfers, telephone us at 805-517-4674, contact us through the Help Center on the Vama website, or write us at Technology Holdings North America, Inc., Attn: Vama Error Resolution Department, 100 Wilshire Boulevard, Suite 700, Santa Monica, CA 90401.
(c) Notify us as soon as you can if you think the 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 60 days after we sent the FIRST statement on which the problem or error appeared.
(d) Filing a chargeback or reversal with your financial institution related to a Vama payment does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:Tell us your name and wallet 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 information.Tell us the dollar amount of the suspected error.If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. For the purposes of this agreement, "Business Day(s)" means Monday through Friday, excluding holidays when Vama’s offices are closed, including Martin Luther King, Jr.’s Birthday, George Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. If a holiday falls on a Saturday, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.
(e) 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 provisionally credit your Vama wallet within 10 Business Days for the amount you think is in error and will notify you within 2 Business Days of the credit 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 10 Business Days, we may not credit your Vama wallet. For errors involving new Vama wallets or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new Vama wallets, we may take up to 20 Business Days to credit your Vama wallet for the amount you think is in error. We will tell you the results within 3 Business Days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your Vama wallet within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.If we decide that there was no error, we will send you a written explanation, and, if you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your Vama wallet. You may ask for copies of the documents that we used in our investigation.
(f) 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 Vama wallet for the difference between what you should have received and what you actually received.You receiving more than the correct amount to which you were entitled, then we will debit your Vama wallet for the difference between what you actually received and what you should have received.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:You did not complete the transaction.Our system was not working properly, and you knew about the breakdown when you started the transaction.The error was due to extraordinary circumstances outside our control (such as fire, flood, or loss of Internet connection), despite our reasonable precautions.
(a) By providing us your mobile phone number and opting in to receive text messages, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to (i) service your Vama wallets, (ii) investigate or prevent fraud, or (iii) collect a debt.
We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by Vama. You can decline to receive autodialed or prerecorded message calls or texts to the mobile phone number by replying STOP to a message from the phone number you wish to be opted-out from such messages or by sending an email to oliver@vama.com from the email associated with the wallet with the following message:
"Please do not contact my phone with autodialed or prerecorded message calls or text messages."
Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy. We may share the mobile phone number(s) you provide to us with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number or the mobile phone number associated with your wallet with third parties for their own purposes without your consent. We may communicate with you about your Vama wallet and the Vama services electronically as described in our Consent to Receive Electronic Disclosures. 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. 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 Protection from Unauthorized Transactions process), written notices must be sent by postal mail to: Technology Holdings North America Inc., Attention: Legal Department, 100 Wilshire Boulevard, Suite 700, Santa Monica, CA 90401.
(b) You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf regarding your Vama wallet has with us or our agents for quality control and training purposes or for our protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
(a) We, in our sole discretion, reserve the right to suspend or terminate this user agreement, your access to or use of our websites, software, systems (including any networks and servers used to provide any of the Vama services) operated by us or on our behalf or some or all of the Vama 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 money being held for you.
As security for the performance of your obligations under this user agreement, you grant to us a lien on, and security interest in and to, money in your Vama wallet and any other funds held in our possession.
We may deduct amounts owed to us, in whole or in part, from money that is sent to your Vama wallet later, either by you or from payments sent to you. While you owe amounts to us, we may:
• Reverse payments you have sent.
• Engage in collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts.
• Place a limitation or take other action on your Vama wallet as outlined under Restricted Activities and Holds.
If you have more than one Vama wallet, even if you have those wallets without our authorization and in breach of this agreement, we may set off amounts owed to us in one Vama wallet against money in or money sent to your other Vama wallet(s). If you continue using your Vama wallet when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your Vama wallet.
In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your Vama wallet or wallets held at our affiliates or various products to pay any amounts that are past due.
IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT LINKED PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTIONS MAY CHARGE.
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.
1. In this section, we use the term “THNA” to refer to Technology North America Holdings, 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.
You agree to defend, indemnify, and hold THNA harmless from your use of Vama Services.
In no event shall THNA 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, any networks and servers used to provide any of the Vama services, any of the Vama services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.
2. 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, THNA is not liable, and you agree not to hold THNA responsible, for any damages or losses resulting directly or indirectly from:
(1) Your use of, or inability to use, our websites, software, systems, any networks and servers used to provide any of the Vama services, or any of the Vama services.
(2) Delays or disruptions in our websites, software, systems, any networks and servers used to provide any of the Vama services, or any of the Vama services.
(3) Viruses or other malicious software obtained by accessing our websites, software, systems, any networks and servers used to provide any of the Vama services, or any of the Vama services or any website or service linked to our websites, software, or any of the Vama services.Dispute
(4) Glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems, any networks and servers used to provide any of the Vama services, or any of the Vama 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 Vama wallet.
(7) Your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or our policies.
The Vama Services are provided “as is” and without any representation or warranty, whether express, implied, or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.We do not have any control over the products or services provided by sellers who accept Vama as a payment method, and we cannot ensure that a Vama user or a seller you are dealing with will actually complete the transaction or is authorized to do so.
We do not guarantee continuous, uninterrupted, or secure access to any part of the Vama services, and operation of our websites, software, or systems, any networks and servers used to provide any of the Vama services, operated by us or on our behalf, may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank wallets, debit cards, and credit cards are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because the Vama 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.
If you have a dispute with any other Vama wallet holder, you release us 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) 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.
You and THNA agree that any claim or dispute at law or equity that has arisen or may arise between you and us (including claims or disputes that arise out of or relate to the Vama services or your Vama wallet, 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 through the following procedure:
1. Negotiation: Before initiating a small claims court proceeding, you and THNA] agree to make a good faith effort to resolve the dispute through negotiation. Either party may initiate this negotiation process by sending a written notice to the other party outlining the nature of the dispute and their proposed resolution. The other party shall respond within a reasonable time, not exceeding 30 days, from the receipt of such notice.
2. Small Claims Court: If the dispute remains unresolved after the negotiation period or if either party elects not to engage in negotiations, either party may initiate a claim in a small claims court located within the jurisdiction where you reside. This option is available for claims up to [Dollar Limit for Small Claims Court] or the maximum limit allowed by the relevant small claims court in your jurisdiction, whichever is lower. Both parties agree to submit to the jurisdiction of the chosen small claims court and waive any objections based on venue or personal jurisdiction.
3. Opt-Out: You have the right to reject this Agreement to Small Claims Court Resolution ("opt-out") within 30 days, which shall commence from the date you first accept this agreement. To opt-out, you must send written notice to Technology Holdings North America, Inc, Attn: Opt Out Notifications, 100 Wilshire Boulevard, Suite 700, Santa Monica, CA 90401 within the specified opt-out period, clearly indicating your intention to opt-out and providing your name, address, phone number, and the email address associated with your wallet. If you opt-out of this agreement, all other parts of our user agreement will continue to apply. Opting out of this Agreement to Small Claims Court Resolution has no effect on any previous, other, or future arbitration or dispute resolution agreements that you may have with us.
4. Small Claims Court Exclusivity: You and THNA agree that this Agreement to Small Claims Court Resolution is intended to be the exclusive means of resolving disputes between us concerning claims that are within the scope and dollar limit specified herein. No arbitration or other alternative dispute resolution methods will be pursued by either party for claims that fall within the scope and dollar limit of this agreement.
5. Waiver of Class Action Claims: By accepting this Agreement, you and THNA mutually agree to waive the right to participate in any class action lawsuit, class-wide arbitration, or any other collective or representative proceeding against each other. You also agree that any dispute resolution will be conducted solely on an individual basis and not as part of a class or representative action. If for any reason a claim proceeds in court rather than in small claims court, and if this waiver of class action claims is deemed unenforceable, you and THNA agree that the court should not have jurisdiction over any class or representative action. This means that any such claims shall be exclusively resolved through small claims court proceedings or arbitration proceedings.
1. When using Vama’s products and services, you may have the ability to post content (e.g., payment descriptions, business descriptions, comments, and/or photos). You are solely responsible for all content that you provide, post, upload, or submit.
2. We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality, or applicability of any content posted by users on Vama. THNA does not endorse, guarantee, make representations, or provide warranties regarding any such content.
3. THNA may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. THNA shall have no obligation to monitor content posted, uploaded, or submitted by a user but may do so at its sole discretion.
4. THNA is not responsible for any failure or delay in removing any such content.
1. You may not post or submit any content that violates our Acceptable Use Policy or any content that is:
• false, misleading, deceiving, inaccurate, or dishonest
• defamatory or invasive of another person's right of privacy or right of publicity
• harmful, obscene, harassing, abusive, offensive, objectionable, violent, or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication
• inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity; portraying or inciting animal cruelty or neglect
2. You may not post or submit content that you did not create or do not have the permission to use, creating a privacy or security risk to any person, spam, letters, or pyramid schemes, or content that is, in THNA’s sole discretion, objectionable or exposes users to harm or liability.
3. Please report inaccurate, inappropriate, or offensive content, policy violations, or other violations to our Content Standards (other than intellectual property infringement claims, which are covered in section Submitting Intellectual Property Complaints) using this link.
1. "Vama.com," "Vama," and all logos related to the Vama services are either trademarks or registered trademarks of Technology Holdings North America and its licensors. You may not copy, imitate, modify, or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of THNA. You may not copy, imitate, modify, or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the Vama services. You may not alter, modify, or change these HTML logos in any way, use them in a manner that mischaracterizes Vama or the Vama services, or display them in any manner that implies Vama’s or THNA’s sponsorship or endorsement.
2. All right, title, and interest in and to the Vama websites, any content thereon, the Vama services, the Vama app, and all software used in connection with the Vama services are owned by THNA and protected by copyright laws.
1. If you are using our software such as an API, developer’s toolkit, or other software application, you have downloaded or otherwise accessed through a web or mobile platform, then THNA grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software in accordance with the documentation accompanying such software, including this user agreement. 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 Vama services. If you do not comply with implementation, access, and use requirements, you agree you will be liable for all resulting damages suffered by you, us, and/or third parties. We may update or discontinue any software upon notice to you.
2. While we may have integrated certain third-party materials and technology into any web or other application, including its software, 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 our software are owned by THNA and any third-party materials integrated therein are owned by our third-party service providers. Any other third-party software application you use on the Vama websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that THNA does not own, control, nor have any responsibility or liability for any such third-party software.
1. We do not claim ownership of the content that you provide, upload, submit, or send to us. When you provide content to us or post content using Vama services, you grant us, our affiliates, and our users a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, and worldwide license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others, and otherwise use your content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise, and market our current services and develop new ones, in any form, language, medium, or technology now known or later developed. We will not compensate you for any content.
2. You further represent and warrant that you own or otherwise have all the licenses, rights, consents, and permissions in your content necessary to make the above license and grant, including the license and grant to us, your content is accurate, and your content and our use of your content do not and will not infringe any intellectual property, privacy, proprietary, or publicity rights, or otherwise violate confidentiality obligations, these terms, or applicable law. Further, you agree to waive your moral rights and promise that you will not assert any rights in your content against us.
1. We respect the intellectual property of others and require that Vama wallet holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services by any user who infringes the intellectual property rights of others.
2. If you believe your intellectual property rights have been infringed by content on the Vama platform, you may request the removal of this content from our website by submitting an Infringement Report Form to oliver@vama.com or: Technology Holdings North America, Inc, Attn: Acceptable Use Policy, 100 Wilshire Boulevard, Suite 700, Santa Monica, CA 90401
3. If you believe that content you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above pursuant to the DMCA. We may terminate an infringer’s access to Vama products or services in our sole discretion, and we have a policy to terminate wallets of repeat infringers.
You may not transfer or assign any rights or obligations you have under this user agreement without our prior written consent. We may transfer or assign this user agreement or any right or obligation under this user agreement at any time.
If you do not log in to your personal wallet for two or more years, we may close your Vama wallet and send any of your funds held in our possession to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) any of your funds held in our possession to your state of residency. We will determine your state of residency based on the information provided for your Vama wallet. If your address is unknown, any of your funds held in our possession will be escheated to the State of Delaware. Where required, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds held in our possession will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.
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 THNA regarding your use of the Vama services.
1. You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:
• Asking for further information, such as date of birth, a social security or taxpayer number, physical address, and other information that reasonably allows us to identify you.
• Ordering a credit report from a credit reporting agency or verifying your information against privacy/third-party databases or through other sources; or
• Requiring you to provide a driver’s license or other identifying documents.
2. Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain Vama services. We reserve the right to close, suspend, or limit access to your Vama wallet and/or the Vama services in the event that, after reasonable inquiries, we are unable to obtain information required to verify your identity.
Protecting your privacy is very important to us. Please review our Privacy Policy to better understand our commitment to maintaining wallet holder privacy, as well as our use and disclosure of wallet holder information.
If you are using the Vama Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Vama services.
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your Vama wallet or your relationship with THNA. 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.
The privacy and data protection laws that may apply include any associated regulations, regulatory requirements, and codes of practice applicable to the provision of the services described in this agreement. In complying with such laws, you will not knowingly do anything or permit anything to be done which might lead to a breach of any privacy data protection laws by us.
For questions regarding these Terms, or related matters, please contact:
Legal Department
Vama, Technology Holdings North America Inc.
100 Wilshire Boulevard, Suite 700, Santa Monica, CA 90401, United States
oliver@vama.com
By accessing or using the Services, you agree that: (i) these Terms are intended to be as broad and inclusive as permitted by the laws of the State of Delaware; (ii) if any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed and the remainder shall continue in full force and effect; (iii) these Terms shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflict of law principles, where applicable. Vama, doing business as Technology Holdings North America Inc., is a Delaware corporation with its principal place of business in California.
