Effective date: June 1, 2017

Thank you for downloading the Tuyyo mobile application (“App”) owned and offered by BBVA Transfer Services, Inc., and its affiliates (“BTS”). BTS provides you with access to and use of the App subject to your compliance with these terms of use (these “Terms”). You should not access the App or use the services available in the App (“Services”) until you have carefully read and agreed to these Terms. In these Terms, “you” and “your” refer to the Services user, and the terms “we,” “our,” and “us” refer to BTS.

Use of the App

By using the Services on the App, you are expressly agreeing to be bound by these Terms. We include the Terms’ effective date at the top of the Terms. We may modify the Terms from time to time without notice to you, except as may be required by law; if we do we will post the revised Terms with a revised effective date. Check the “Help” page on the App to see our most current Terms. By using the App following any modifications to the Terms, you agree to be bound by such modifications. You also agree to comply with all applicable third party terms of agreement when using our App (e.g., you must not be in violation of your wireless data service agreement when using the App).

BTS makes the App available so that users may access the Services via a mobile device. To use the App, you must have a mobile device that is compatible with the Service. BTS does not warrant that the App will be compatible with your mobile device. You acknowledge that BTS may from time to time issue upgraded versions of the App, and may require you to upgrade the version of the App that you are using on your mobile device to continue using the Services. You agree that these Terms will apply to all such upgrades.

User age and access. By using the App you represent that you are at least 18 years of age or older. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

License.  The App, including all of its contents, such as text, images, and the HTML or other code used (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the App in whole or in part, for any public or commercial purpose without our specific written permission. BTS hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on or through the App for any purpose, subject to the express terms of these Terms and our Privacy Policy. The foregoing license grant is not a sale of the App or any copy thereof, and BTS and its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.

The App may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.

Money Transmission

The App may be used to transmit funds to a pre-designated beneficiary at one of our remittance network members (the “Money Transmission Service”) and to receive funds transmitted through the App.The Money Transmission Service allows users to initiate payments electronically from any of their funding accounts for which the Money Transmission Service is available. 

Your use of the Money Transmission Service will be governed by the BTS Remittance Service Agreement, Electronic Records, Notice and Communications Agreement, these Terms, the Privacy Policy, and all other terms and conditions in any agreements governing services we provide to you, as applicable.

Geo-Location Terms.

The Services may include using your location to enable certain features of the App as described in the Privacy Policy. You can disable this feature in your device’s settings.

The Services may include and make use of certain functionality and services provided by third parties that allow the App to include maps, geocoding, places and other Content from those third parties as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services may be subject to such third parties’ terms of use. For example, your use of the Google Places API to receive address suggestions is subject to Google’s Terms of Service.

Rules and Limits on Use; Modifications to the App

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the App, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. 

Specific Prohibited Uses.

The App may be used only for lawful purposes by individuals using authorized services of BTS. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the App. BTS specifically prohibits any use of the App, and requires all users to agree not to use the App, for any of the following:

a. Posting any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, or not your own;

b. Impersonating another person; 

c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;

g. Transmitting or transferring (by any means) information or software derived from the App to foreign countries or certain foreign nations in violation of US export control laws; 

h. Attempting to interfere in any way with the App’s or BTS’ networks or network security, or attempting to use App’s service to gain unauthorized access to any other computer system, or attempting to post or transmit any information that constitutes a virus, bug or other harmful item;

i. Violating any terms or conditions or any other agreement you may have with any third party (including without limitation any employer) with regard to your use, possession, transmission or storage of data, or your retention of that third party’s data without their permission; 

j. Violating any state, federal or local law or regulation, including without limitation any restrictions on transmission of data under the CAN-SPAM Act or the Telephone Consumer Protection Act. 

Security Rules.

Violations of system or network security may result in civil or criminal liability. BTS will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:

a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;

b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, text messages, in-app messages including promotions and/or advertising of products or services;

d. Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App, or

e. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Text Messages, Calls and/or Emails

By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls, text messages, and emails from us, our service providers, and the Service at that number and/or e-mail address for our everyday business purposes (including identify verification). You acknowledge and agree that such telephone “calls” include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our affiliates and agents. Message and Data Rates May Apply. If you have questions about the Service, you may send a text message with the word “HELP” in reply to a text message. To stop receiving text messages on your mobile phone, text “STOP” in reply to a text message. By agreeing to receive text messages through the Service, you are also consenting to receive a final confirmation text message if and when you choose to opt out of receiving text messages through the Service.

You acknowledge and agree that when you use the Service to send money, you will cause text messages or in-app messages to be delivered to the recipient’s mobile device. By using this Service, you represent and warrant that you have all necessary authority and permission to send text messages to the recipient’s mobile phone number provided in your payment instruction. You will indemnify, defend, and hold harmless and release BTS and its affiliates, service providers, and their employees from and against any claims, actions and other proceedings arising out of or relating to a recipient’s receipt of a text message pursuant to your payment instruction.

Privacy Policy; User Information

In the course of your use of the App, you may be asked to provide certain information to us. BTS’ use of any information you provide via the App shall be governed by our Privacy Policy available on the “Help” page of the App. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

Proprietary Rights

As between you and BTS, (or other company whose marks appear on or via the App), BTS (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the App, and is the copyright owner or licensee of the Content and/or information on the App, unless otherwise indicated.

Except as otherwise provided herein, use of the App does not grant you a license to any Content, features or materials you may access on the App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the App is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by BTS. If you make use of the App, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the App.

The information on the App including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of BTS or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

The BTS logos and service names are trademarks of BTS (the “BTS Marks”). Without BTS’ prior permission, you agree not to display or use BTS Marks in any manner. Nothing on the App should be construed to grant any license or right to use any BTS Mark without our prior written consent.

Indemnity

You agree to defend, indemnify and hold BTS, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the App, your violation of the Terms or the posting or transmission of any materials on or through the App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BTS DOES NOT WARRANT THAT THE APP OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BTS MAKES NO WARRANTY THAT THE APP WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT. 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

BTS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE APP. BTS IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF BTS. 

LIMITATION OF LIABILITY

IN NO EVENT SHALL BTS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF BTS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BTS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE APP EXCEED, IN THE AGGREGATE, $100.00.

Applicable Law/Jurisdiction

You agree that the laws of the state of Texas, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the App may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with BTS or relating in any way to your use of the App resides in the state and federal courts of Harris County, Texas, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Harris County.

Notices

Notices and other communications may be delivered to you electronically as provided in the Electronic Records, Notice and Communications Agreement. .

Contacting Us

To contact us with any questions or concerns in connection with these Terms or the App, or to provide any notice under these Terms please email us at help@tuyyo.io.

General Information

These Terms together with the BTS Remittance Service Agreement, Electronic Records, Notice and Communications Agreement, and the Privacy Policy constitute the entire agreement between you and BTS and govern your use of the App, superseding any prior agreements between you and BTS. You also may be subject to additional terms and conditions that are applicable to certain parts of the App. 

You agree that no joint venture, partnership, employment, or agency relationship exists between BTS and you as a result of these Terms or your use of the App.

Any claim or cause of action you may have with respect to BTS or the App must be commenced within one (1) year after the claim or cause of action arose.

The failure of BTS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. 

You may not assign the Terms or any of your rights or obligations under the Terms without BTS’ express written consent. 

The Terms inure to the benefit of BTS’ successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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© Copyright 2017 by BBVA Transfer Services, Inc. All rights reserved.