Terms of Service

Effective Date: January 24, 2025

Welcome to VAYL. These Terms of Service ("Terms") govern your access to and use of VAYL's donation-centric spending platform, including our website, mobile applications, and related services (collectively, the "Services").

By creating an account or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

1. Eligibility

To use VAYL, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using our Services under applicable laws
  • Provide accurate and complete information during registration
  • Maintain the security of your account credentials

By using VAYL, you represent and warrant that you meet these eligibility requirements.

2. Account Registration and Security

Account Creation

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. VAYL will not be liable for any loss or damage arising from your failure to protect your account information.

Identity Verification

We may require you to verify your identity through Vayl ID or other means to comply with legal requirements and prevent fraud. You agree to provide all requested verification documents and information promptly.

3. VAYL Services

Platform Overview

VAYL provides a donation-centric spending platform that enables you to make purchases and automatically contribute to charitable campaigns. Our Services include:

  • Payment card services for everyday transactions
  • Automatic donation roundup features
  • Campaign discovery and support tools
  • Impact tracking and reporting
  • Digital identity management through Vayl ID
  • Blockchain-based credentials and verification

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Financial Services and Transactions

Payment Processing

VAYL partners with regulated financial institutions and payment processors to provide payment services. By using our payment services, you authorize us to charge your linked payment methods for purchases, donations, and applicable fees.

Donations

When you make donations through VAYL, you acknowledge that:

  • Donations are voluntary and non-refundable
  • VAYL facilitates donations but is not the recipient charity
  • You are responsible for verifying the legitimacy of charitable campaigns
  • Tax deductibility depends on the recipient organization's status
  • We may share your information with recipient organizations

Fees

We may charge fees for certain Services. Any applicable fees will be clearly disclosed before you complete a transaction. You agree to pay all fees associated with your use of the Services.

Disputes and Chargebacks

If you have a dispute regarding a transaction, you must contact us first before initiating a chargeback. Unauthorized chargebacks may result in suspension or termination of your account.

5. User Conduct and Prohibited Activities

You agree not to:

  • Use the Services for any illegal purpose or in violation of any laws
  • Engage in fraudulent activities, including money laundering or terrorist financing
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any portion of the Services
  • Use automated systems or software to extract data from the Services
  • Transmit viruses, malware, or other harmful code
  • Violate the rights of others, including intellectual property rights
  • Create multiple accounts to abuse promotions or circumvent restrictions
  • Use the Services to send spam or unsolicited communications

6. Intellectual Property

VAYL's Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the exclusive property of VAYL or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to resell or commercial use of the Services or their contents.

User Content

If you submit content to the Services (such as reviews, comments, or stories), you grant VAYL a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such content in connection with the Services.

7. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you consent to our collection and use of your information as described in the Privacy Policy.

8. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or charitable organizations that are not owned or controlled by VAYL. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that VAYL shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.

9. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

VAYL does not warrant that:

  • The Services will be uninterrupted, secure, or error-free
  • The results obtained from the Services will be accurate or reliable
  • Any errors in the Services will be corrected
  • The Services will meet your requirements or expectations

We do not guarantee the legitimacy, quality, safety, or legality of charitable campaigns listed on our platform. You are responsible for conducting your own due diligence before making donations.

10. Limitation of Liability

To the maximum extent permitted by law, VAYL and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your transmissions or content

In no event shall VAYL's total liability to you for all claims exceed the greater of $100 or the amount you paid to VAYL in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless VAYL and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of or inability to use the Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

12. Termination

By You

You may terminate your account at any time by contacting us at support@vayl.me. Upon termination, you will no longer have access to your account and any associated data.

By VAYL

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

  • Violation of these Terms or our policies
  • Suspected fraudulent or illegal activity
  • Extended periods of inactivity
  • Requests by law enforcement or government agencies
  • Technical or security issues

Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@vayl.me. We will attempt to resolve the dispute informally within 60 days.

Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and VAYL individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Delaware for the purpose of litigating all such claims or disputes.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and VAYL concerning the Services and supersede all prior agreements and understandings, whether written or oral.

18. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Contact Information

If you have any questions about these Terms, please contact us:

VAYL

Email: legal@vayl.me

Support: support@vayl.me

Website: https://vayl.me

By using VAYL, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for being part of our mission to make every transaction meaningful.