DNERO FINTECH LLC TERMS OF SERVICE

Last Modified on November 26, 2024.

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to the DNERO website on which this Terms of Service appears (the “Sites”). This Terms of Service (this “TOS”) describes the terms and conditions applicable to your access and use of the Sites and related services that facilitate connections between you and third-party companies offering real estate services, escrow, lending, brokerage, trust, solar, life insurance and all other services. The Sites is referred to as the “Service.” This TOS sets forth the terms under which DNERO FINTECH LLC. dba DNERO (“DNERO,” “we,” or “us”) provides you access to the Service. DNERO may amend this TOS at any time by posting the amended Terms of Service on the Sites or through the App, and you agree that you will be bound by any changes to this TOS. For your convenience, the date of the last revision is included at the top of this page. DNERO may make changes to the mobile application, Sites, and/or the Service at any time. You understand that DNERO may discontinue or restrict your use of the mobile application, Sites, and/or Service for any reason or no reason, with or without notice. The terms and conditions below in their entirety are a legal agreement (the “Agreement”) between you and DNERO. To use the Service, you must accept all of the terms of this Agreement. By clicking on the “Log in,” “Apply,” “Submit,” “Connect,” “Register,” or any other buttons to access the Service, you agree to accept all of the terms of this Agreement.

DNERO is not a direct provider of loans, financial products, brokerage, or any other mentioned services. We serve as an intermediary platform connecting you with third-party companies offering these services. DNERO is not responsible for any financial transactions, agreements, or obligations between you and any third party.

1. TOS Updates. DNERO will revise this TOS as the mobile application, Sites, and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised TOS. You must agree to all revisions if you choose to continue using the mobile application, Sites, and/or Service. By using the mobile application, Sites, and/or Service, you agree to the then-current version of this TOS as posted on the Sites at https://dnerofinancial.com/terms-conditions.html. If at any point you do not agree to any portion of the then-current version of this TOS, you must immediately stop using the mobile application, Sites, and/or Service.

2. App Updates. In an effort to improve the Service, DNERO may require that you download and install updates to the App.

3. Eligibility. The App and Service may only be used by individuals aged eighteen (18) years or older. 3.1 To access the Service, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you create your account is your legal name; (d) any transaction or connection entered into by you will represent a binding agreement; and (e) you and all transactions initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations. 3.2 You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained.

4. License. Subject to the terms, conditions, and limitations set forth in this TOS, DNERO grants you a non-exclusive, non-transferable, and revocable license to use the App on any mobile device that you own or control. The terms of this license will also govern any upgrades provided by DNERO that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

5. Restrictions and Conditions of Use. DNERO permits you to view and use a single copy of the Sites and/or App for your personal use in connection with our platform, which connects you with third-party companies offering lending and brokerage services. You agree not to license, create derivative works from, transfer, sell, or re-sell any information, content, or services obtained from the Sites and/or the App.

5.1 You agree that in connection with your use of the Sites, App, or the Service, you will not violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the App and/or Sites any material or information that infringes on any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

5.2 You may not connect to or use the Service in any way not expressly permitted by this TOS. Without limiting the foregoing, you agree that you will not (a) engage in, assist, or participate in any type of attack, including but not limited to denial-of-service attacks, upon the Sites and/or Service, or otherwise attempt to disrupt the Sites, App, or Service or any other person’s use thereof; (b) attempt to gain unauthorized access to the Sites, App, accounts registered to other users, or computer systems, mobile devices, or networks connected to the Service; (c) use the Sites or App to generate, transmit, publish, or store any content that is unlawful, defamatory, obscene, harassing, or otherwise objectionable.

5.3 You agree that you will not: (i) attempt to obtain or obtain any information from the Service, including information about other users, through any unauthorized means; (ii) intercept or examine any proprietary communications protocol used by the App or the Service; (iii) introduce any form of malware, such as viruses or Trojan horses, to gain unauthorized access to the App, Sites, or Service.

5.4 You agree not to perform, or authorize any third party to perform, any of the following: (i) distribute or make the Sites or App available over a network where it could be used by multiple devices simultaneously; (ii) rent, lease, sell, or sublicense the Sites or App; (iii) reverse-engineer or attempt to derive the source code of the Sites or App; or (iv) remove or alter any copyright, trademark, or other proprietary notices on the Sites or App. Violating these restrictions may result in the immediate termination of your access to the Sites or App and may subject you to legal penalties. DNERO reserves all rights not expressly granted in this TOS.

5.5 You are solely responsible for all content you upload, store, or otherwise use in connection with the Sites or App, as well as your conduct and the conduct of anyone using your account. Such content must comply with the user content and conduct rules specified in this TOS. DNERO’s failure to enforce these rules in specific instances does not waive its right to enforce them in other cases.

5.6 You agree that you will not use the App in any way that interferes with the rights of others or damages the functionality of the App. This includes but is not limited to: (i) using the App to interfere with, disrupt, or negatively affect other users; (ii) flagging content or reporting abuse without a legitimate reason; or (iii) circumventing security measures designed to protect the Service or its users. DNERO is not responsible for user conduct or any content posted, stored, or uploaded on the Service. Your use of the Service is at your own risk.

5.7 Although DNERO has no obligation to screen, edit, or monitor user content, it reserves the right to remove or edit any user content at its discretion without notice. You are responsible for creating backup copies of any content you post on the Sites or App at your expense. Any violation of this TOS may result in suspension or termination of your rights to use the Sites and/or the App.

5.8 Except for feedback regarding the Service or DNERO’s products, you retain ownership of any content you post, store, or upload on the App. However, by doing so, you grant DNERO a non-exclusive, royalty-free, irrevocable license to use, modify, and display such content worldwide. You represent that: (i) you own or have the right to post the content; (ii) the content is accurate and not misleading; and (iii) DNERO’s use of the content does not violate any third party rights.

6. Pricing and Changes. Prices for products or services offered through the platform may change at any time. DNERO does not offer price protection or refunds in the event of price reductions or promotional offers. DNERO also reserves the right to modify content options, including eligibility for and availability of particular features or promotions, without notice.

7. Privacy & Security. DNERO values your privacy and security. Our Privacy Policy, available at www.dnerofinancial.com/privacy-policy.html, is incorporated by reference into these Terms of Service. By using the Service, you agree to comply with the Privacy Policy, and your information will always be treated in accordance with that policy.

8. Data Protection Measures. DNERO has implemented technical and organizational measures designed to protect your personal information from accidental loss, unauthorized access, use, alteration, or disclosure. However, you acknowledge that you provide your personal information at your own risk, and DNERO is not liable for any unauthorized access to your information.

9. Mobile Device Access. DNERO does not guarantee that the Site or Service will be available or functional on your mobile device. You are responsible for any charges from your mobile carrier related to accessing the Service. Such charges are solely your responsibility, and you must adhere to the terms of your agreements with your mobile device manufacturer and carrier.

10. DNERO’s Rights. We reserve the right to deny access to the Service to any person for any reason or no reason. If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Service and Sites. DNERO may close a user’s account or take other appropriate actions if a user violates these Terms of Service or engages in conduct that DNERO deems inappropriate.

11. Interactions with Other Users. You are solely responsible for your interactions with other users of the Service. DNERO is not responsible for any harm or damages resulting from your interactions with other users. We do not verify any user’s identity or endorse any users, whether they are senders, lenders, or recipients. DNERO does not investigate any user’s background, reputation, or conduct, nor do we verify any information that users submit.

12. Liability for User Actions. By using the Service, you agree that any legal remedy or liability you seek for actions or omissions of other users will be limited to claims against the user(s) who caused you harm. You agree not to hold DNERO liable for any such actions or omissions. You release DNERO from any claims, demands, damages (whether actual, consequential, or otherwise), and any legal or administrative remedies, whether known or unknown, arising from your interactions with other users.

13. Third-Party Services and Materials. The Service may offer products, services, or promotions provided by third parties. These Third-Party Services are not managed by DNERO, and you are responsible for reviewing and understanding their terms and conditions. DNERO disclaims responsibility for the performance of these third-party services. Additionally, the Service may include links to third-party websites for your convenience. These links do not imply DNERO’s endorsement or approval, and you access third-party sites at your own risk. DNERO is not liable for content or services on third-party websites. Once you leave our platform, DNERO’s Privacy Policy no longer applies, and your interactions on third-party websites are governed by their own policies and terms. DNERO will not be liable for any transactions conducted by you with third parties through Third Party Services, nor for any liabilities arising from representations or information provided by such third parties.

14. Intellectual Property. You acknowledge that the Service, including all graphics, user interfaces, audio and video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information owned by DNERO. This material is protected by applicable intellectual property laws, including but not limited to copyright law. You agree not to use such proprietary information or materials for any purpose other than as permitted by this Agreement. Reproduction of any part of the Service in any form, without DNERO’s prior written consent, is strictly prohibited. You also agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any portion of it.

“DNERO,” the DNERO logo, “Smart Money,” and other trademarks, service marks, graphics, and logos used in connection with the Service are registered trademarks of DNERO. in the United States. Any use of these trademarks without DNERO’s prior written permission is strictly prohibited. Other trademarks used in connection with the Service may belong to their respective owners, and DNERO grants you no rights in or to those trademarks.

15. Display of Content. You may not display any portion of the Sites or App in a frame or present content from the Sites or App using in-line links without obtaining prior written consent from DNERO. Requests for consent can be made by contacting us at Support@dneroapp.com. However, you may establish standard links to the homepage of the Sites or App without written permission, and you may use embedded code (widgets) that DNERO has provided.

16. U.S. Government Rights. The Service and its related documentation qualify as “Commercial Items” as defined by 48 C.F.R. §2.101. They consist of “Commercial Computer Software” and “Commercial Computer Software Documentation” as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with these regulations, the Service is licensed to U.S. Government end-users only as a Commercial Item, with the same rights as provided to all other end-users under these terms. All unpublished rights are reserved under U.S. copyright laws.

17. Consent to Use of Data. By using the Sites or App, you consent to DNERO’s collection and use of technical data, personal information, and related information. This includes, but is not limited to, contact details and technical data about your device, system, and App software, which may be periodically gathered to facilitate features and functionality, software updates, and product support. DNERO may also use this information for improving the Services. Please refer to our Privacy Policy for details on how we collect, use, store, and disclose personal information. Additionally, you consent to DNERO contacting you about the Service, including updates and communications related to the features of the Sites and App.

18. Fraud, Abuse, and Harm. DNERO reserves the right to refuse authorization or settlement of any transaction if we suspect that it may violate this Agreement or pose harm to users, service providers, or DNERO itself. “Harm” includes, but is not limited to, fraudulent activity or other criminal acts. If we suspect that your account has been used for unauthorized, illegal, or fraudulent purposes, you authorize DNERO to share your information, including account and transaction details, with law enforcement authorities. DNERO also reserves the right to review, delay, or cancel any transaction at its discretion to protect against fraud or harm.

19. Termination. DNERO reserves the right to terminate this Agreement and close your account at any time, for any reason or no reason, upon providing notice to you. Additionally, we may suspend your access to the Service and account (including any funds in your account) if you:

(a) Violate the terms of this Agreement,
(b) Pose an unacceptable risk to DNERO,
(c) Provide false, incomplete, or misleading information, or engage in fraudulent or illegal conduct.

If your account is terminated for any reason, you agree to:
(a) Continue to be bound by this Agreement,
(b) Immediately cease using the Service,
(c) Acknowledge that DNERO reserves the right, but is not obligated, to delete your account data from its servers,
(d) Hold DNERO harmless from any liability related to the termination of your access to the Service or deletion of your information.

19.1. Account Closure by You. You may terminate this Agreement by closing your account at any time. Any pending transactions will be canceled, and unused funds, less any applicable fees, will be returned to you through ACH or check in a reasonable time frame. If an investigation is pending when you close your account, DNERO may withhold your funds until the investigation is complete. If you are entitled to any disputed funds, they will be released once the investigation concludes.

19.2. Account Closure by DNERO. If DNERO terminates your account, you remain liable for any amounts (if any) owed up until the date of termination. All sections of the Terms of Service will survive termination, except for the license grant and consent to use data provisions. Any continued use of the Sites or App after termination is unauthorized and may violate DNERO’s intellectual property rights.

20. Restricting Access to DNERO for Investigations. In cases where DNERO facilitates the connection between you and third-party service providers (such as lenders or brokers), DNERO may restrict access to your account in order to investigate the use of the Service, resolve disputes, comply with court orders, or respond to requests from law enforcement or government agencies. However, DNERO is not responsible for holding or managing any funds directly. If the investigation or dispute involves funds held by a third-party provider, the resolution and any restrictions on those funds will be subject to the third party’s policies. DNERO may communicate with the third party and facilitate resolutions but does not have direct control over those funds.

21. Tax Reporting Requirements. Due to varying state and local tax laws, you are solely responsible for determining and complying with your tax reporting obligations related to any funds or services provided by third-party providers. DNERO does not offer tax advice and recommends that you seek professional assistance regarding your tax responsibilities.

22. Purchasing Limitations. DNERO, acting as an intermediary between you and third-party providers, reserves the right to refuse the creation of a DNERO Account for any reason, including if it believes your account may pose a risk to itself or its third-party partners.

23. DNERO is not a Money Services Business. DNERO is not a bank or a money services business (MSB) as defined under applicable regulations. DNERO serves solely as a platform that connects users with third-party lenders or brokers, and does not hold, transfer, or manage funds on behalf of its users. Any funds involved in transactions or accounts are held and managed by the respective third-party service providers.

24. Governing Law. This Agreement is governed by the laws of the State of California, without regard to conflict of law principles, except as preempted by federal law. You agree that these terms apply regardless of your place of residence. Any disputes involving funds held by third party providers will be governed by the terms and applicable laws governing the third-party providers. DNERO’s role as a facilitator does not alter its governing law as defined in this Agreement.

25. Changes to this Agreement. DNERO reserves the right to modify this Agreement at any time. Any new or additional terms will become effective immediately upon publication. If required by law, DNERO will notify you in writing of such changes. Any changes that affect third-party providers will be governed by the terms set forth by those providers. Your continued use of the Service will be deemed acceptance of such modifications. You can review the latest version of this Agreement at [https://dnerofinancial.com](https://dnerofinancial.com).

26. Warranties. DNERO makes no express or implied warranties concerning the Service, including warranties related to any third-party provider’s handling of your funds. Any warranties offered by third-party providers will be governed by their terms. DNERO disclaims any liability for funds held or managed by third-party providers.

27. Limitation of Warranties. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DNERO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DNERO DOES NOT WARRANT THAT THIRD-PARTY SERVICES, INCLUDING THOSE INVOLVING FUNDS MANAGEMENT, WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. ANY ISSUES RELATING TO FUNDS HELD BY THIRD PARTIES WILL BE SUBJECT TO THE THIRD PARTY’S POLICIES.

DNERO DOES NOT WARRANT OR ASSUME LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICE. DNERO IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS.

28. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DNERO, ITS PROCESSORS, SUPPLIERS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE OR THIRD-PARTY SERVICES. UNDER NO CIRCUMSTANCES WILL DNERO BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, INCLUDING ANY INFORMATION STORED IN YOUR PROFILE OR TRANSACTIONS PROCESSED BY THIRD PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DNERO AND ITS PROCESSORS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PROVIDERS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:

(i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR THIRD-PARTY SERVICES;
(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR THIRD-PARTY SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
(iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE OR THIRD-PARTY SERVICES;
(v) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE OR THIRD-PARTY SERVICES BY ANY THIRD PARTY;
(vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
(vii) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL DNERO, ITS PROCESSORS, SUPPLIERS, AGENTS, LICENSORS, OR THIRD-PARTY PROVIDERS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS EXCEEDING THE AMOUNT OF FEES EARNED BY DNERO IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DNERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

29. Indemnity. You agree to indemnify, defend, and hold harmless DNERO, its processors, suppliers, licensors, third-party providers, and each of their respective employees, directors, agents, affiliates, and representatives from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys ’fees) arising from or related to any claim, action, audit, investigation, inquiry, or other proceeding brought by a third party as a result of or relating to:
(a) any breach or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our terms and conditions;
(b) your improper or unlawful use of the Service or any third-party service connected to DNERO;
(c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information you provide or any claim or dispute arising out of products or services offered or sold by you);
(d) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights;
(e) your violation of any law, rule, or regulation of the United States or any other country; and
(f) any other party’s access and/or use of the Service with your unique username, password, or other security code.

30. Dispute Resolution

30.1 Negotiations. Before initiating any legal proceedings, you and DNERO agree to try resolving any disputes or claims related to these Terms of Service (“Claim”) through informal negotiations for at least thirty (30) days. These negotiations will begin when one party provides written notice to the other. DNERO will send its notice to your billing address and email. You should send any notice to DNERO at 18952 Macarthur Blvd, Suite 4D, Irvine, CA 92612, ATTN: DISPUTE RESOLUTION.

30.2 Binding Arbitration. If negotiations do not resolve the Claim within thirty (30) days, either you or DNERO may opt for binding arbitration. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the arbitration is initiated, and according to these Terms of Service. If any conflict arises between the JAMS Rules and these Terms, the Terms will prevail.

You and DNERO may pursue any legal remedies available in arbitration. The arbitrator will provide a written decision and award. The Federal Arbitration Act governs the arbitrability of claims. Any arbitration decision is final and binding, enforceable in any court with jurisdiction, except when applicable law is not followed. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND DNERO ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

30.3 Arbitration Fees. If you initiate arbitration, you will pay only $250 for the initiation fee, and DNERO will cover the remaining JAMS fees. If DNERO initiates arbitration, DNERO will cover all JAMS initiation fees. The remaining costs will be determined according to JAMS Rules. You will not be required to pay DNERO’s attorneys ’fees or costs if you lose the arbitration.

30.4 Location. Arbitration will occur in your hometown unless you specify otherwise within ten (10) days of receiving the arbitration notice. If no location is specified, arbitration will be conducted in Orange County, California, unless both parties agree to hold it via video, phone, or internet. Any Claim not subject to arbitration will be exclusively decided by a court in Orange County, California, and both parties agree to that court’s jurisdiction.

30.5 Limitations. You and DNERO agree that any arbitration shall be limited to individual Claims.
(a) No class-action arbitration is allowed.
(b) Claims cannot be brought as part of a representative capacity or as a private attorney general.
(c) No arbitration shall be joined with any other.

30.6 Exceptions to Negotiations and Arbitration. Certain Claims are excluded from the arbitration and negotiation provisions, including:
(i) Claims enforcing or challenging intellectual property rights;
(ii) Claims related to theft, privacy invasion, or unauthorized use; and
(iii) Claims for equitable relief. Either party may bring individual actions in small claims court instead of arbitration.

34. General

34.1 TOS Revisions. These Terms of Service (TOS) may be revised only through a written document signed by DNERO or by publishing changes on our websites.

34.2 No Partnership. You agree that these TOS, or your use of the Service or App, do not create any joint venture, partnership, employment, or agency relationship between you and DNERO.

34.3 Assignment. DNERO may assign these TOS, either in whole or in part, to any person or entity at any time, with or without your consent. You may not assign these TOS without DNERO’s prior written consent. Any assignment made by you without consent will be deemed null and void.

34.4 No Waiver. Our failure to enforce any provision of these TOS does not constitute a waiver of that provision or any future rights to enforce it. Similarly, a waiver by DNERO of any provision, condition, or requirement does not waive the future obligation to comply with that provision.

34.5 Notices. All notices required or permitted under these TOS must be in writing and sent to: DNERO Wallet Inc., dba DNERO 18952 Macarthur Blvd, Suite 4D, Irvine, CA 92612
Attention: CEO.

34.6 Equitable Remedies. You acknowledge that DNERO may suffer irreparable harm if these TOS are breached, and therefore, DNERO is entitled to seek equitable remedies (such as injunctions) without the need for bond, other security, or proof of damages, in addition to any other legal remedies available.

34.7 Entire Agreement. These TOS, along with any documents expressly referenced within, represent the complete agreement between you and DNERO concerning the Sites and/or Services. It supersedes any prior or current communications (whether electronic, oral, or written) between the parties regarding the Sites or Services.

35. E-Sign Consent

35.1 Consent to Electronic Communications. By agreeing to these E-Signature and Electronic Disclosure Consent Terms, you consent to receiving Communications (such as notices, agreements, and statements) from DNERO Wallet Inc., its affiliates, and third-party service providers electronically, rather than in paper form. You also consent to using electronic signatures in transactions with DNERO. If you choose not to provide or withdraw your consent, your access to the Services may be restricted.

35.2 Methods of Electronic Delivery. We may provide Communications electronically through email, SMS to the mobile number you provided, or through our website or mobile app. Communications may include:
(a) agreements and policies necessary for using the Transaction Account or Card,
(b) any federal or state documents, and
(c) any other Communications between you and us. We may also use electronic signatures for your consent.

35.3 System Requirements. To access and retain Communications electronically, you will need: – A mobile device with internet or mobile connectivity;
– A current operating system that supports text messaging, email, downloads, and apps from the Apple App Store or Google Play;
– The latest versions of Apple Safari or Google Chrome for iOS, or Google Chrome for Android;
– If applicable, the DNERO mobile application

35.4 Withdrawal of Consent. You can withdraw your consent to receive electronic Communications at any time by emailing support@dneroapp.com. However, this may result in the termination of your Transaction Account and Card access. Your withdrawal will take effect after a reasonable processing period.

35.5 Updating Contact Information. If you need to update your mobile phone number or email address, contact support@dneroapp.com.

35.6 Telephone Communications. DNERO, its service providers, and program partners may monitor or record phone calls with you. While we may record calls, we are not required to retain the recordings unless required by law. By providing us with your mobile number, you consent to being contacted via text messages, prerecorded voice messages, or automated dialing technology for informational purposes related to your Card and Transaction Account. Message and data rates may apply. You can change these communication preferences by emailing support@dneroapp.com.

Please contact us a Support@dneroapp.com with any questions regarding this TOS.