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BITMAMA’S CUSTOMER TERMS AND CONDITIONS

This Agreement is between you and Bitmama Inc. (“Bitmama”, “we”, “us”, “our”, “Changera”, Changera account” as applicable), concerning your use of (including any access to) the Changera account a product of Bitmama, as defined below and including the Website, App, API, and other Bitmama Materials.By opening, registering, or using a Changera Account, you agree to be bound by this Terms and Conditions and consent to receive communications related to your Changera Account, in electronic format, and you affirm that you are at least eighteen (18) years of age and legally capable of entering into this Agreement. You also agree to comply with the following additional policies and each of the other agreements that apply to you. Governing LanguageThe governing language of these terms and all communication between Bitmama and you will be the English language.Who May Use Our Services?You may use the Services only if you agree to form a binding contract with Bitmama and are not a person barred from receiving the services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.Age RestrictionOur website and services are directed to people from the ages of 18 and above. You are only permitted to use the Services if you are aged 18 or older. We do not knowingly engage people younger than the age of 18.Intellectual PropertyUnless otherwise stated, Bitmama and/or its licensors own the intellectual property rights and materials on the Website, Mobile App subject to the license below. All text, formatting (including without limitation the arrangement of materials on the Bitmama website and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos, and other materials and information on the website and Mobile application are subject to the intellectual property rights of Bitmama and its affiliates and their licensors and licensees (collectively the “Content”).We do not grant you any right, license, title, or interest to any of our intellectual Property rights that you may or may not have access to. These Content may not be copied, reverse engineered, decompiled, disassembled, modified, or reposted to other websites. Nothing on the Bitmama site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Bitmama website without the written permission of Bitmama or such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.License to Use Our WebsiteWe grant you a non-assignable, non-exclusive, and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions, and replacement software for you to use in connection with our services. Nothing in this Term gives you a right to use the Bitmama name or any of Bitmama’s trademarks, logos, domain names, and other distinctive brand features. All right, titles, and interests in and to the services are and will remain the exclusive property of Bitmama and its licensors.If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, Bitmama, and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.DisclaimersWE TRY TO KEEP BITMAMA AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BITMAMA MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.Responsibility for configuring your information technology, computer programmes, and platform in order to access our Services is solely yours. Please ensure you use your virus protection software or application as we cannot guarantee that our Services will be free from viruses or bugs.You must not attempt to gain unauthorized access to our Services, computers, or databases. You must not misuse our Services by introducing trojans, viruses or other materials which are malicious or technologically harmfulLimitation of LiabilityYOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: BITMAMA WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER BITMAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF BITMAMA’S PORTAL OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.ExclusionSOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.Updates, Modifications & AmendmentsWe may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page.We advise that you check this page often, referring to the date of the last modification on the page If a user objects to any of the changes to the Terms of Use, the User must cease using our Portal and/or services immediately.Applicable LawThese Terms of Use shall be interpreted and governed by the laws currently in force in the United States of America.Disputes & ReversalIf you believe that an unauthorized transaction has taken place, you have agreed to notify us immediately, to enable us to take appropriate action to help prevent financial loss.All claims against us related to payments should be made within 48 (forty-eight) hours after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.If you enter into a transaction with a third party and have a dispute over the goods or services they purchase, we have no liability for such goods or services. Our only involvement with regard to such a transaction is as a payment company.In the event of an erroneous payment we may attempt to secure the funds from your bank and reverse the funds into your account less a reversal fee but have no obligation to do so.Your transaction ID and/or transaction details will be required to resolve all disputes.Acceptable Use PolicyYou are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Bitmama, you agree to comply with the terms and conditions.IndemnificationYou hereby indemnify Bitmama and undertake to keep Bitmama, its staff, and affiliates indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold Bitmama harmless from and against any claim, suit, or proceeding brought against Bitmama arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services.CookiesLike many other websites, we use cookies to identify you as a user and to customize and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date, and time of visits.Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you do choose to disable cookies, it may limit your ability to use our website.Data ProtectionBitmama recognizes the importance of protecting the privacy of those who visit and choose to use the Bitmama Services. Bitmama remains compliant with the Data protection laws to the extent applicable. Please note that such requirements may be amended from time to time. In Addition, to all the Personal Information belonging to, and/or processed in connection with Bitmama or this website, such Personal Information at all times is in compliance with all Data Protection Laws in the territory. Bitmama maintains a Privacy Policy which provides an overview of the Personal Information we collect about you or that you provide to us and how we store and use the information provided by you in line with applicable data protection legislation. By using the Bitmma Services, you consent to such processing and you commit to providing accurate information.TERMS OF SERVICESTerms for the Changera account a product of BitmamaThe Changera account, a product of Bitmama allows you to make deposits, payments to and accept payments in both fiat and crypto from third parties. You may use the Changera account, a product of Bitmama on your mobile device. Bitmama has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of the Changera account or that a sender or a recipient can or will complete a transaction.Eligibility and Account RegistrationTo be eligible to use the Bitmama Services, you must create a Changera account with the required KYC information as required. As further detailed in our Privacy Policy, in order to register, create and use an account, Bitmama may require that you submit certain Personal Information (as defined in the Privacy Policy), including but not limited to your name, email address, mobile phone number, street address or zip code, and date of birth. During the registration process, or when you access the Changera account of a product of Bitmama Services from a phone, your phone’s device ID is also stored. You agree that the Personal Information you provide to Bitmama upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as necessary.Types of AccountsWe offer two different types of accounts, personal and business accounts. You may have only one personal account. Personal accounts are for use in person-to-person transfers with family and friends, and other people whom you know. Personal accounts may also be used to make Authorized Merchant Payments as described in this Agreement. Features of personal accounts may be limited based on how you wish to use the Changera account, how much you need to send and what we know about you. More information may be required of you in order to complete a transaction. Personal accounts may not be used to receive business, commercial or merchant transactions.For the business account, For each business you are involved with, you may have only one business account. Business account use is limited. Business accounts must be applied for and approved. By opening a business account and accepting the terms as outlined in this Agreement, including, but not limited to, the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement.Identity AuthenticationYou hereby authorize Bitmama, directly or through third parties, to make any inquiries necessary to validate and/or authenticate your identity and account information for both personal and business accounts. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, mobile number, and verifying your information against third-party databases or through other sources. This process is for internal verification purposes.Sending Money

  1. Sending Limits
  2. We may, at our discretion, impose limits on the total value and number of transactions you conduct through the Changera account, a product of Bitmama. Please see our FAQs for more details on limits. If we have authenticated your identity, we may increase your transaction limits and these limits may change from time to time based on Company’s sole discretion.
  3. Default Funding Sources
  4. Your account balance consists of the funds you have in your Changera account that are available for new transactions and not subject to pending transactions. When you make a payment through the Changera account, we firstly ensure that your account balance can cover the transaction. You are able to fund your account with multiple Mobile Money/Bank accounts, designating one of these to be your primary funding source. If there is not enough money available in your Changera account balance to cover the transaction, we will block the transaction from going through and you’ll receive an “Insufficient Balance” notice.
  5. Funding Source Limitations
  6. To manage risk, Bitmama may limit the funding sources available for your use to fund your Chagera account. For example, we may limit the number of Mobile Money/Bank account that can be used as a funding source for various Changera account. Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.
  7. Fees for Sending Money
  8. Changera account charges a flat fee for any action or transaction you make on Changera and this may change depending on Bitmama’s discretion. If we do make any changes, we will notify you and provide a grace period before any additional fees are implemented.
Payment InvestigationPayment investigation is a process by which Bitmama reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, Bitmama will place a hold on the payment and may provide notice to the recipient. Bitmama will conduct a review and either clear or cancel the payment. If the payment is cleared, Bitmama will provide notice to the recipient. Otherwise, Bitmama will cancel the payment and the funds will be returned. Bitmama will provide notice to you by email and/or in the account history tab of your Changera account if the payment is canceled. Bitmama also reserves the right to freeze or block accounts that we deem to have acquired funds illegitimately. Additionally, in the case you are unable to provide the original source of funds from your mobile money or bank account into Changera, whereby investigations are ongoing, the company also reserves the right to freeze your account.Risk of Reversals, Chargebacks, and ClaimsWhen you receive a payment, you are liable to Bitmama for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. You agree to allow Bitmama to recover any amounts due by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Bitmama through other means. If Bitmama is unable to recover the funds from your primary funding source may attempt to contact you, and recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.Account Balances
  1. Balances
  2. You need to maintain a balance in your account in order to make payments. If you do hold a balance in the Changera account, Bitmama will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy.Bitmama is not a bank or other chartered depository institution. Bitmama will combine your funds and that of other users and place them in our service provider's bank account in the Company's name. Funds held by Bitmama or its service providers (including any bank service providers) in connection with the processing of transactions are not deposited obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefits.
  3. Assignment of Interest to Company
  4. You agree that you will not receive interest or other earnings on the funds that Bitmama handles and places in pooled accounts. Bitmama does not typically receive interest on funds held for its users. However, in consideration for your use of the service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts, and this in no way grants Bitmama any ownership right to the principal of the funds you maintain with Company.
  5. Negative Balances
  6. If the balance in your Changera account is negative for any reason, Bitmama may set off the negative balance by deducting amounts you owe from money you receive into your account, or money you attempt to withdraw or send from your account. You agree to allow Bitmama to recover any amounts due to Bitmama by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Bitmama through other means. Bitmama may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
  7. Security Interest
  8. To secure your performance of this Agreement, you hereby grant to Bitmama a lien on and security interest in your account and agree to execute any further documentation to perfect these Bitmama rights.
Transferring Funds out of Bitmama
  1. Options
  2. You may transfer funds to your linked Mobile Money/Bank Account(s) using the standard transfer option and also through the use of the Chagera Virtual Cards.
  3. Transfer Limits
  4. We limit the amount you can transfer out of your Chagera account at a given time.
  5. Transaction Reviews
  6. We review account and transaction activity at various times, including when you initiate a transfer of funds out of your Changera account. This review checks for, among other things, illegal or suspicious activity, and the accounts activity complies with this Agreement.Reviews may result in:
    1. delayed, blocked, or cancelled transfers;
    2. funds being held by Bitmama;
    3. funds being applied to a negative Bitmama account balance or used to offset loss incurred by Bitmama;
    4. account suspension or termination;
    5. funds being seized to comply with a court order, warrant, or other legal process; and/or
    6. 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 account and your access to funds in it until verification is completed.
  7. Fees
  8. Bitmama does not charge a fee for transfers within Changera account users. However, for Transfers out of the Changera to a Mobile Money/Bank account a flat fee is charged. Also, a flat fee is charged for the use of the Changera virtual cards. Please see our FAQs for more information on fees. Fees may change from time to time at our sole discretion.
Closing Your Account
  1. How to Close Your Account: If no transaction is pending or in progress, you may close your account at any time. You may close your account by emailing us at [email protected] and requesting that we close your account. It may take up to 30 days for your account closure to be complete.
  2. Limitations on Closing Your Account: You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties, and other liability. You will remain liable for all obligations related to your account even after the account is closed.
Item Hold CompanyBitmama, in its sole discretion, may place a hold on a payment you receive for a transaction when it believes there may be a high level of risk associated with the transaction. If Bitmama places a hold on your payment, an email will be sent to notify you.
  1. Limitations on Closing Your Account: You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties, and other liability. You will remain liable for all obligations related to your account even after the account is closed.
Termination Upon termination of this Agreement for any reasonWe have the right to prohibit your access to the Changera Account a product of Bitmama, including without limitation by deactivating your account, and to refuse future access to the Changera Account by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors.Rules and Restrictions for Personal AccountsThe following Rules and Restrictions for personal accounts apply to your use of a personal account under this Agreement.
  1. Receiving Money Please see FAQ for more details on limits, including limits on receiving and sending money. These limits may change from time to time based on Bitmama’s sole discretion.
  2. Transaction Fees for Receiving Money Please see FAQ for more details on fees. These fees may change from time to time based on Bitmama’s sole discretion.
  3. Error in Receiving Money In the event of an error, you give Bitmama permission, subject to Bitmama’s compliance with applicable law, to make appropriate corrections by debiting or crediting your Changera account balance, or debiting or crediting your primary or alternate funding sources as applicable.
Electronic Fund Transfers (EFTs) and Account BalancesBitmama partners with financial services software company Sila Inc. (Sila) and banking services provider Evolve Bank & Trust (Evolve), member FDIC, to offer you electronic fund transfers (EFTs). By creating a Changera account a product by Bitmama and initiating bank deposits or withdrawals, you agree to Sila’s terms of service, https://silamoney.com/terms-of-service/, and Evolve’s demand deposit account agreement,https://silamoney.com/evolve-bank-deposit-agreement/, (together, the “Partner Terms”). You must comply with the Partner Terms when creating or using your Changera account a product by Bitmama. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into these [Terms of Service / Terms of Use / Terms & Conditions]. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR CHANGERA ACCOUNT A PRODUCT OF BITMAMA ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.MOBILE APPLICATIONSBitmama, in its sole discretion, may place a hold on a payment you receive for a transaction when it believes there may be a high level of risk associated with the transaction. If Bitmama places a hold on your payment, an email will be sent to notify you.
  1. Third Party Operating System Providers
  2. The Bitmama mobile application works on an application linked to a particular device and operating systems, such as Apple’s iOS operating system and Andriod. Bitmama is solely responsible for providing maintenance and support services for the Changera account a product of Bitmama. Covered Third Parties have no obligation to provide maintenance or support services for the Changera account, a product of Bitmama. Covered Third Parties have no warranty obligations whatsoever with respect to the Changera account a product of Bitmama and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Changera account a product of Bitmama to conform to any warranty provided by Bitmama, if any, will be Bitmama’s sole responsibility. Bitmama, not any Covered Third Parties, is responsible for addressing any claims relating to the Changera account a product of Bitmama, including, but not limited to: (i) product liability claims; (ii) any claim that the Changera account a product of Bitmama fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact Bitmama. If you are using the Changera account a product of Bitmama 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 that participate in the Services.

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