Terms and Conditions for Rizoma Technologies GmbH application

Effective Date: 01.12.2024

1. Introduction

Welcome to the Rizoma app (”App”), operated by Rizoma Technologies GmbH (”Company,” “we,” “us,” or “our”). These Terms and Conditions (”Terms”) govern your access to and use of the App. By downloading, installing, or using the App, you (”User” or “you”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

2. Eligibility

By using the App, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement, as well as you are employed by a company (“Employer”) that is in a business relationship with us in order to provide services through the App. If you are not sure if your employer provides services through the App, please contact your Employer or us.

3. User Accounts

    1. Account Creation

      1.  To access the App’s features, you need to create an account by providing accurate and complete information.

      2. To create an account, you must:

        1. Provide your legal name, date of birth, your address, your email address, phone number, and the Employer’s name.

        2. Accept Rizoma’s Terms and Conditions.

        3. Activate the account via SMS or email, or both, using the phone number and email address, that belongs solely to you.

    2. Account eligibility: you cannot create a User Account without the invitation code. Your Employer is a sole decisionmaker on who receives the invitation code and we are not a part of the decisions-making process. 

    3. Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

    4. Account Security: Notify us immediately of any unauthorised use of your account or any other security breaches.

      4. Use of the App

      1. License Grant: we grant you a personal, non-exclusive, non-transferable, revocable license to use the App for lawful purposes in accordance with these Terms.

      2. Services request and Terms

        1. Upon creating an account, you are presented with available services, in particular earned wages access request options based on the eligibility criteria. 

        2. You can request the amount and the repayment terms. The specific terms will be defined with the specific terms and conditions offered at that stage. 

        3. You acknowledge that the terms of services available through the app, including limits, interest rates, and repayment terms, are non-negotiable, user-specific, and based on proprietary criteria.

5. Your Obligations

    1. We might be legally obligated to perform security and due diligence checks on you to deliver some services. We may verify your residential address and personal information to confirm identity and may also share this information with a credit reference agency, which may retain a record of that information. All data provided by you will be treated securely and in strict accordance with our  Privacy Policy. You agree to:

      1. provide us with accurate and truthful details regarding your identity  and any requested identity documents;

      2. promptly update personal details (including address) if there are any changes;

      3. comply with any requests we make for further information and documents; and

      4. allow us, directly or through third parties, to make any necessary inquiries to verify the information provided.

    2. You must keep your App-related personal details confidential and notify us immediately in case of any security breach.

    3. We are not liable for unauthorized account access if any of your App-related data were used validly and your identity was confirmed in the KYC process.

    4. You consent to us processing, transmitting, and using your personal data for the purpose of providing services available through the App. 

    5. You are required to:

      1. Regularly change passwords and not reuse them.

      2. Enable two-factor authentication where possible.

      3. Ensure only their biometrics are registered if using biometric authentication.

      4. Contact us immediately if there is any suspicion that your App-related data has been stolen, lost, used without authorization, or otherwise compromised. If this occurs, you should promptly update their App-related data.

6. Prohibited Activities

    1. You must not:

      1. Use the Services for illegal activities, such as money laundering, fraud, or funding prohibited activities,

      2. Engage in speculative trading or use Services for commercially prohibited activities (e.g., sexually oriented materials, gambling, controlled substances),

      3. Attempt unauthorized access to Rizoma’s systems,

      4. Allow third-party access to their account or Security Details.

7. Our Responsibility 

    1. We agree to provide the App to you with reasonable care. You acknowledge that our App may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

    2. We are not, in any case, responsible for damages arising from:

      1. any inability to perform any App-related services due to abnormal and unforeseen circumstances outside of our reasonable control, which may include delays or failures caused by issues with another system or network (including those of our business and services partners), mechanical breakdowns, or data-processing failures;

      2. Not fulfilling your obligations towards your Employer or other third-parties that arise though using the App if you are in a serious breach of this Agreement.

      3. We are meeting its obligations under any applicable laws, rules, or regulations; or

      4. errors on the website or within the App caused by incomplete or incorrect information provided to us by you or a third party.

    3. Notwithstanding anything in this Agreement to the contrary, we supply the App to you strictly for personal and private use. If you employ us for commercial, business, or resale purposes, neither us nor our business and service partners (including their group companies, officers, agents, partners, contractors, and employees) will have any liability to you for lost profit, lost revenue, lost business, business interruption, lost business opportunity, or any indirect or consequential damages. This applies regardless of whether or not we foresaw, could have foreseen, or was advised of the possibility of such damages.

8. Intellectual Property Rights

    1. The App, content, and all related intellectual property (including, but not limited to, copyrights, patents, database rights, trademarks, and service marks) are owned by us, our affiliates, or third-party licensors. All rights, titles, and interests on our website and services are retained by us and/or these third parties.

    2. The App  may only be used as outlined in this Terms or on our website. You are permitted solely to view and keep a copy of the App pages for personal use. You are not authorized to duplicate, publish, modify, create derivative works from, transfer or sell, post online, or otherwise distribute or exploit our website, App, or any of their content for public or commercial purposes without our explicit written consent. You may not: (i) use any automated tools such as robots, spiders, or scrapers to access the App; or (ii) alter or remove any copyright, trademark, or other proprietary notice displayed on our website (including printed copies). Products, services, and company names displayed on the website may be trademarks of their respective owners, and you should not use, copy, or reproduce them in any form.

9. Privacy Policy

    1. Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.

10. Liabilities, Fees and Purchases

    1. All the agreements, including agreements with your Employer,  that you may conclude using the App need to be treated as entirely separated from this Terms, therefore unaffected by changes of these Terms. 

    2. By using the App you can request from your Employer services that will induce financial liabilities. Deleting the App or deleting the User Account will not impact the existence of your liabilities.  

    3. In-App Purchases: Certain features of the App may be available for purchase. All fees are inclusive of applicable taxes unless stated otherwise.

    4. Payment Terms: Payments are processed through authorized payment processors. You agree to provide current, complete, and accurate billing information.

    5. Refund Policy: Except as required by law, all purchases are final and non-refundable.

11. Limitation of Liability

    1. To the maximum extent permitted by law:

      1. Indirect Damages: We shall not be liable for any indirect, incidental, or consequential damages arising out of your use of the App.

      2. Total Liability: Our total liability to you for all claims arising from or related to the App shall not exceed the amounts you have paid to us in the last twelve months.

12. Termination

    1. By User: You may terminate these Terms by uninstalling the App and ceasing all use and you acknowledge that termination of these Terms is not equal to other agreements that you may conclude using the App and they remain unaffected.

    2. By Company: We may suspend or terminate your access to the App if you violate these Terms or for any other reason at our sole discretion. In this case any other agreements that you may conclude using the App remain unaffected.

    3. Effect of Termination: Upon termination, the rights and licenses granted to you will cease immediately.

13. Changes to the App and Terms

    1. Modification of App: We reserve the right to modify or discontinue the App or any features at any time without notice. 

    2. Amendments to Terms: We may update these Terms occasionally. We will notify you of significant changes by posting the new Terms within the App or by other means. Continued use of the App after changes constitute acceptance of the new Terms. 

    3. You can stop using the App at any time and fulfill your liabilities that arose through using the App, yet you are required to agree to the fulfillment of the aforementioned liabilities with any party related to these liabilities.

14. Governing Law and Jurisdiction

    1. These Terms are governed by the laws of the Federal Republic of Germany. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Berlin, Germany.

    2. The governing law and jurisdiction for any agreements concluded through the App are specified in these agreements or related documents.

15. Consumer Rights and Withdrawal

    1. Right of Withdrawal: If you are a consumer residing in the European Union, you have the right to withdraw from certain transactions within 14 days without providing a reason.

    2. Exercise of Right: To exercise this right, you must inform us of your decision by an unequivocal statement (e.g., a letter sent by post or email) before the withdrawal period expires.

    3. Exceptions: The right of withdrawal does not apply to digital content not supplied on a tangible medium if the performance has begun with your prior express consent and acknowledgment that you thereby lose your right of withdrawal.

16. Third-Party Services

    1. We are an infrastructure provider for the services provided by your Employer and third-perties, therefore we bear no responsibility for services and liabilities that arise though agreements concluded between You and the third parties using our App. 

    2. External Links: The App may contain links to third-party websites or services not owned or controlled by us. We are not responsible for their content or practices.

    3. Third-Party Terms: Your use of third-party services is subject to their respective terms and conditions.

17. Severability Clause

    1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in effect.

18. Contact Information

    1. If you have any questions or concerns about these Terms, please contact us at: info@rizoma-tech.com