This user agreement is a contract between you and Valsto Inc. that governs your use of your Valsto account and the Valsto services. It applies to U.S. Valsto accounts only. For an individual to open a U.S. Valsto account and use the Valsto services, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence. For a business to open a U.S. Valsto account and use the Valsto services, the business must be organized in, operating in, or resident of, the United States or one of its territories.
By opening and using a Valsto account, you agree to comply with all of the terms and conditions in this user agreement, so please read all of the terms and conditions carefully. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you:
Privacy Policy Acceptable Use Policy Ads Agreement and Advertising Guidelines Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)
Please read carefully all of the terms of these policies and each of the other agreements that apply to you.
We may amend this user agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days' prior notice by posting notice on the Policy Updates page of our website.
Valsto offers two types of accounts: member accounts and merchant accounts. You may have only one member account. Valsto accounts let you do things like:
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access your Valsto account and the Valsto services. You are responsible for keeping your shipping address, email address and other contact information up-to-date in your Valsto account profile.
If you primarily want to make purchases online, earn money for your time and attention and send money to family, friends, or anyone you know, a member account is right for you. With a member account you can do things like:
Merchant accounts are for businesses that sell goods or services online. With a merchant account, you can do things like:
By opening up a merchant account you certify to us that you are using it primarily for a business or commercial purpose. You also consent to Valsto obtaining your business credit report from a credit reporting agency at any time. You must open a member account in order to access all the features of a merchant account.
For member accounts, the certification status is expressed in percentage form. The steps you need to take in order to achieve 100 percent account certification status are as follows:
Your account certification status will decrease if you do any of the following:
For merchant accounts, the certification status is either "certified" or "non-certified". The steps you need to take in order to achieve the "certified" status are as follows:
When you close your Valsto account, we will cancel any scheduled or incomplete transactions. You must withdraw any Valsto balance from your Valsto account prior to closing it. You will remain liable for all obligations related to your Valsto account even after the Valsto account is closed.
In certain cases, you may not close your Valsto account, including:
You can link or unlink a credit card, debit card or a U.S. bank account to your Valsto member account as a payment method. Please keep your payment method information current. If this information changes, you must unlink the outdated payment method and link the new updated payment method. You must pay the certification fee and confirm every payment method you add in order to successfully link it to your Valsto account. To do this we will make 2 debits or charges to your payment method for a total combined amount that is equal to our payment method certification fee. We will notify you via email or Valsto mobile application after both transactions have cleared. You will need to check your credit card, debit card or bank account statement to find out the exact amount of each transaction and then use your Valsto mobile application to enter those amounts. Our bank account certification fee is $2.75 USD and our credit / debit card certification fee is $3.75 USD.
You can link or unlink a U.S. bank account to your Valsto merchant account as a payment method. Please keep your payment method information current. If this information changes, you must unlink the outdated bank account and link the new bank account. You must pay the verification fee of every payment method you add in order to successfully link it to your Valsto account. We will verify your payment method without any action on your part. To do this we will make 2 debits to your bank account for a total combined amount that is equal to our bank account verification fee. Our bank account verification fee is $2.75 USD.
To unlink a payment method, you must login to your account and remove it.
Money that you receive from other Valsto account holders is held as a balance in your Valsto account. Any Valsto balance you hold represents an unsecured claim against Valsto and is not insured by the Federal Deposit Insurance Corporation (FDIC). Valsto combines your Valsto balance with the Valsto balances of other Valsto customers and invests those funds in liquid investments in accordance with state money transmitter laws. Valsto owns the interest or other earnings on these investments. These pooled amounts are held separate from Valsto's corporate funds, and Valsto will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy.
You may transfer money to your Valsto balance from any bank account linked to your Valsto account by requesting an electronic transfer from your bank account. You don't need a Valsto balance to send money or buy something using your Valsto account. You may use the payment methods linked to your Valsto account to fund transactions you make using your Valsto account.
If you have a Valsto balance, you may withdraw it by transferring it to a bank account linked to your Valsto account. You cannot withdraw any Valsto balance amount if you haven't linked a bank account to your Valsto account. We may delay a withdrawal, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your Valsto account have been reversed (for example, as a result of a chargeback or a bank reversal). We don't charge a fee to make a transfer to your bank.
Your Valsto balance may only be held in U.S. dollars.
You have the right to receive an account statement showing your Valsto account activity. You may view your Valsto account statement by logging into your Valsto account.
You can send money to anyone in the U.S. using the send money functionality in your Valsto account even if they don't have a Valsto account at the time you send them money. To send them money you must enter their email address and choose any of the payment methods available in your account for this transaction. When you send money to someone that already has a Valsto account, the money goes directly to their Valsto account balance. If they don't have a Valsto account we won't process the transaction until they open a Valsto account and request you to send the money. At that time you may accept or decline their request to complete the transaction. We may, at our discretion, impose limits on the amount of money you can send. Your sending limit, if any, will be disclosed to you each time you initiate a transaction to send money.
The send money functionality in your Valsto account is designed for payments between friends, family members and people who know and trust one another. Valsto does not offer a protection program for any purchase or sale that you conduct using this feature.
If someone sends you money, the money will appear in your Valsto balance.
There is no fee for sending or receiving money from anyone in the U.S.
You can buy from online merchants that accept Valsto payments ("Online Valsto Merchants") using any of the payment methods available in your account for this transaction. When buying something at an Online Valsto Merchant's website, you must click the Valsto payment button during checkout.
You must use the Valsto mobile application in order to complete your online purchase. If you do not use the Valsto mobile application to authorize or reject an online purchase, it will be automatically cancelled within few hours. The Valsto mobile application provides the mechanisms of authentication, authorization, confidentiality, message integrity, availability, accountability and non-repudiation required to avoid fraudulent transactions. You understand and agree that by tapping on the "Sign and Submit" button on your Valsto mobile application, as part of a payment authorization process, you are electronically signing the authorization of such payment.
All Online Valsto Merchants grant discounts that vary from a minimum of 5 percent to no maximum. All discounts are applied at checkout and may be increased or decreased at any time without notice.
You don't pay any fee when you buy something from Online Valsto Merchants.
When Valsto identifies a potentially high-risk transaction, we review the transaction more closely before clear the transaction. When this happens, Valsto will keep the transaction in pending status. As a buyer, this may delay your receipt of the item you purchased. If we don't clear the transaction, we will cancel it and return the funds to you.
You won't be allowed to change your shipping address once you have authorized your purchase.
When you buy something from an Online Valsto Merchant and the transaction is ultimately refunded, the money will be refunded to your Valsto balance.
You can select your Valsto balance or bank account as your payment method when you send money using the send money functionality in your Valsto account; however, you will not be able to use your Valsto balance if you don't have a debit card or credit card or bank account linked to your Valsto account.
You can choose any of the payment methods available in your Valsto account when you buy from Online Valsto Merchants; however, if your Valsto account is not linked to a debit card or credit card or bank account, you will not be able to use your Valsto balance.
When you use your bank account as a payment method, you are allowing Valsto to initiate a transfer from your bank account to the recipient. For these transactions, Valsto will make electronic transfers via ACH from your bank account in the amount you specify. You authorize Valsto to try this transfer again if the initial transfer is rejected by your bank for any reason.
When you buy from an Online Valsto Merchant and your item doesn't arrive or is significantly not as described, you must contact the merchant to get a full refund. All Online Valsto Merchants have a customer service department to help buyers in the U.S. with complaints and returns. Different merchants may have different returns and complaints management policies. You must contact merchants directly before contacting us for assistance. In the unlikely event where you and an Online Valsto Merchant can't come to an agreement, Valsto can help you arrive at a solution.
You can contact Valsto in the following cases:
You made a purchase from an Online Valsto Merchant but haven't received the item or it was different than described or damaged and the merchant is uncooperative or nonresponsive.
You believe that a transaction made through your Valsto account was not authorized by you, this type of claim is different from the purchase protection assistance, and is described below under Liability for Unauthorized Transactions and Other Errors.
You have 90 days from the payment date to contact us from our contact page to open a purchase assistance related issue.
If you used a debit or credit card as the payment method for a transaction through your Valsto account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Your rights with your card issuer may entitle you to reimbursement for the full purchase price of the transaction.
Valsto does not initiate or handle chargebacks, your card issuer does. Valsto will work with the card issuer to help them judge the validity of a chargeback. We may ask you or Online Valsto Merchants to provide the information needed to help resolve the issue. On all cases, judging the validity of a chargeback is the responsibility of the card issuer and our role is simply to collect information about the transaction and help Online Valsto Merchants work with the card company to resolve the chargeback.
In order to receive payments for the sale of goods and services using your Valsto merchant account, you must have the Valsto payment button installed on your website. As the merchant-seller, you must not ask buyers to send their payments to your Valsto account using the send money functionality.
You agree to provide a discount on all sales made to buyers when they pay using the Valsto payment button installed on your website. The minimum discount you must offer is 5 percent and no maximum. You are allowed to change your discount at any time by logging into your Valsto account.
You agree that you will not impose a surcharge or any other fee for accepting Valsto as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-Valsto transactions.
Our fees do not include any taxes, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "taxes"). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. Valsto is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.
You must publish a return policy, a privacy policy and customer service contact information on your website.
Valsto reviews certain potentially high-risk transactions. If Valsto determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you to delay shipping of the item. Valsto will conduct a review and either clear or cancel the payment. If the payment is cleared, Valsto will provide notice to you to ship the item. Otherwise, Valsto will cancel the payment and the funds will be returned to the buyer, unless we are legally required to take other action. All payments that clear this payment review will be eligible for Valsto merchant-seller protection coverage if they meet the Valsto merchant-seller protection requirements. Valsto will provide notices to you by email and through your Valsto account.
If you're a merchant on a marketplace or through a third party application where Valsto is offered, obey any rules that apply to the marketplace's or the third party application's buyer protection program for sales you make through that forum. Any such protections may require you to take certain actions and may impact how claims are processed.
The fees you pay when you sell goods or services online and the buyer pays using the Valsto payment button is 2.75% of the transaction amount plus a fixed fee of $0.25 USD. Please note that if you refund a transaction to a buyer, Valsto retains the fees you paid.
If you use your Valsto merchant account to receive a payment for selling goods or services that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is refunded or otherwise reversed, Valsto will refund or reverse the transaction from your Valsto account.
If you refund a payment for good or services, we will retain the fees you paid as the merchant-seller. The buyer's Valsto account will be credited with the full payment amount and the fees you paid as the merchant-seller will be deducted from your merchant account in addition to the amount of the refunded payment.
Payments to you may be invalidated and reversed by Valsto if:
Your buyer pursues a chargeback related to a card-funded transaction and the transaction is not eligible for Valsto merchant-seller protection. The card issuer, not Valsto, determines whether a buyer is successful when he/she pursues a chargeback related to a card-funded transaction.
You do not fulfill the transaction as promised or you cannot provide proof of shipment or proof of delivery when required.
Our investigation of a bank reversal (sometimes known as an ACH return) made by a buyer or the buyer's bank finds that the transaction was fraudulent and the transaction is not eligible for Valsto merchant-seller protection.
Valsto sent the payment to you in error.
The payment was unauthorized (i.e., a credit card-funded payment was made by someone with a credit card that did not belong to them) and the transaction is not eligible for Valsto merchant-seller protection.
You received the payment for activities that violated this user agreement or any other agreement between you and Valsto.
When you receive a payment, you are liable to Valsto for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason. If your Valsto balance is insufficient to cover your liability for the payment amount plus the fees, then this will result in a negative Valsto balance. Any negative Valsto balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to your Valsto balance to eliminate the negative Valsto balance. If you do not do so, Valsto may engage in collection efforts to recover such amounts from you or take other action as outlined under Amounts owed to Valsto. Valsto may also place a limitation or take other action on your Valsto account as outlined under Restricted Activities and Holds.
If you receive a debit or credit card-funded payment through your Valsto account and the buyer pursues a chargeback for the transaction with his/her card issuer, then Valsto will not assess you with a chargeback fee if the transaction is eligible for Valsto merchant-seller protection. However, if the transaction is ineligible for Valsto merchant-seller protection, Valsto will assess you with a chargeback fee (for facilitating the chargeback process) regardless of whether the buyer is successful in pursuing the chargeback with the card issuer.
The applicable chargeback fee will be deducted from your Valsto account. The chargeback fee is $25 USD.
If you sell something to a buyer and the transaction is later disputed or reversed under Refunds, Reversals and Chargebacks, you may be covered by Valsto's merchant-seller protection program. When it applies, Valsto's merchant-seller protection program entitles you to retain the full purchase amount and we will waive any related chargeback fees paid (for debit and credit card-funded transactions). There is no limit on the number of payments for which you can receive coverage. All payments made using the Valsto payment button installed on your website are eligible for coverage under this program.
Valsto's merchant-seller protection program may apply when a buyer claims that he/she did not authorize, or benefit from, funds sent from his or her Valsto account (referred to as an "Unauthorized Transaction" claim).
To be eligible for Valsto's merchant-seller protection, you must meet all of the following requirements:
The item must be a physical, tangible good that can be shipped.
You must ship the item to the shipping address on the transaction details page in your Valsto account for the transaction and must use a shipping service that is arranged by you, so that you will be able to provide valid proof of shipping. Please note that buyers can't ask you to change the shipping address after the sale has taken place.
You must respond to Valsto's requests for documentation and other information in a timely manner as requested in our email correspondence with you.
Any online or physical documentation from a shipping company that includes date of shipment and an address for the recipient that matches the shipping address on the transaction details page.
Your sale is not eligible for coverage under Valsto's merchant-seller protection program if:
It involves intangible, non-physical, items, including digital goods, and services.
It involves items equivalent to cash including gift cards.
It involves a donation.
The money was sent to your Valsto account using the send money functionality.
The net amount of the transaction is greater than $500 USD.
The buyer claims that the item you sent isn't what was ordered (referred to as a "Significantly Not as Described" claim).
The buyer claims that he/she did not receive the item you sent (referred to as an "Item Not Received" claim).
In connection with your use of our websites, your Valsto account, the Valsto services, or in the course of your interactions with Valsto, other Valsto customers, or third parties, you will not:
Breach this user agreement, the Valsto Acceptable Use Policy, the Ads Agreement and Advertising Guidelines and any other agreement between you and Valsto, or violate any Valsto policy.
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).
Infringe Valsto's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
Sell counterfeit goods.
Act in a manner that is defamatory, trade libelous, threatening or harassing.
Provide false, inaccurate or misleading information.
Send or receive what we reasonably believe to be potentially fraudulent funds.
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Valsto and the merchant-seller, bank or card issuer for the same transaction.
Control an account that is linked to another account that has engaged in any of these restricted activities.
Conduct your business or use the Valsto services in a manner that results in or may result in complaints; requests by buyers (either filed with us or card issuers) to invalidate payments made to you; fees, fines, penalties or other liability or losses to Valsto, other Valsto customers, third parties or you.
Use your Valsto account or the Valsto services in a manner that Valsto, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
Allow your Valsto account to have a negative Valsto balance.
Provide yourself a cash advance from your credit card (or help others to do so).
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf or the Valsto services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Valsto services; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf, any of the Valsto services or other users' use of any of the Valsto services.
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.
Use the Valsto services to test credit card behaviors.
Circumvent any Valsto policy or determinations about your Valsto account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Valsto account(s) when an account has a negative Valsto balance or has been restricted, suspended or otherwise limited; creating new or additional Valsto accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's Valsto account.
Harass and/or threaten our employees, agents, or other users.
If we believe that you've engaged in any of these activities, we may take a number of actions to protect Valsto, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:
Terminate this user agreement and/or close or suspend your Valsto account, and we may refuse to provide the Valsto services to you in the future.
Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf, your Valsto account or any of the Valsto services, including limiting your ability to pay or send money with any of the payment methods linked to your Valsto account, restricting your ability to send money or make withdrawals.
Hold your Valsto balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy.
Suspend your eligibility for Valsto's merchant-seller protection program.
Contact buyers who have purchased goods or services from you using Valsto, your bank or credit card issuer, other impacted third parties or law enforcement about your actions.
Update inaccurate information you provided us.
Take legal action against you.
If you've violated our Acceptable Use Policy, then you're also responsible for damages to Valsto caused by your violation of this policy.
If we close your Valsto account or terminate your use of the Valsto services for any reason, we'll provide you with notice of our actions and make any unrestricted funds held in your Valsto account available for withdrawal.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Valsto, any Valsto customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Valsto services. You agree to reimburse Valsto, any Valsto customer, or a third party for any and all such liability.
Under certain circumstances, in order to protect Valsto and the security and integrity of the network of buyers and merchants that use the Valsto services, Valsto may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we'll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation or hold, you should follow the instructions in our email notice with respect to the limitation or hold.
Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Valsto, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Valsto account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
A hold is an action that Valsto may take under certain circumstances either at the transaction level or the account level. When Valsto places a temporary hold on a payment, the money is not available to either the merchant-seller or the buyer. Valsto reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type and past customer disputes. Some common situations where Valsto will hold payments include:
Payments for higher-risk categories like electronics or trial based supplements.
Holds based on Valsto's risk decisions
We may place a hold on payments sent to your Valsto account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your Valsto account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your Valsto account with an indication that they are unavailable or pending. We'll notify you, either through your Valsto account or directly by email, whenever we place a hold. Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your Valsto account. We may release the hold earlier under certain circumstances.
If a payment sent to you as a merchant-seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your Valsto account to cover the amount that could be reversed. Any of the situations described under Refunds, Reversals and Chargebacks are situations that could result in us placing a hold on a payment. If we determine the transaction should not be reversed, we'll lift the temporary hold. If we determine the transaction should be reversed, we'll remove the funds from your Valsto account.
Limitations prevent you from completing certain actions with your Valsto account, such as withdrawing, sending or receiving money. These limitations are implemented to help protect Valsto, buyers and merchants when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Valsto account open.
There are a number of reasons why your Valsto account could be limited. For instance,
If we suspect someone could be using your Valsto account without your knowledge, we'll limit it for your protection and look into the fraudulent activity.
If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your Valsto account and your bank account.
In order to comply with regulatory requirements. For example, requesting certain products, like a debit card, can trigger federal and state laws, and we may limit your Valsto account while we work together to satisfy those requirements.
Due to Valsto policies we have in place to ensure we're in compliance with law.
If we reasonably believe you have violated the Acceptable Use Policy.
To remove the limitation and restore your Valsto account, you will need to resolve any issues with the account, often by providing information to us, although there may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we're in compliance with laws). If you find that your Valsto account has been limited, you should either review the email you receive from us informing you that your Valsto account is limited, or log in to your Valsto account for additional details about the limitation on your Valsto account.
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Valsto account, placing a limitation on your Valsto account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your Valsto account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place longer than 180 days.
To protect yourself from unauthorized activity in your Valsto account, you should regularly log into your Valsto account and review your Valsto account statement. Valsto will notify you of each transaction by sending an email to your primary email address or a push notification to your Valsto mobile application. You should review these transaction notifications to either authorize the transaction or to ensure that the transaction was authorized and accurately completed. If you have the Valsto mobile application installed on a device that is lost or stolen, you must contact your wireless provider IMMEDIATELY to suspend your service.
Valsto will protect you from unauthorized activity in your Valsto account. When this protection applies, Valsto will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.
An "Unauthorized Transaction" occurs when money is sent from your Valsto account that you did not authorize and that did not benefit you. For example, if someone steals your password, your Valsto PIN and your mobile phone device, then uses the password to access your Valsto account and change your profile, then pays for an online purchase using your Valsto account, then uses the Valsto PIN to unlock your Valsto mobile application and authorize the payment from your mobile phone, an Unauthorized Transaction has occurred.
The following are NOT considered Unauthorized Transactions:
If you give someone access to your Valsto account (by giving them your login information) and they use your Valsto account without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.
If you believe your Valsto login information, PIN and mobile phone device have been lost or stolen, call us at (408) 905-7691 or email us from our contact page.
Tell us at once if you believe your Valsto login information, Valsto PIN and mobile phone device have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your Valsto login information, PIN and mobile phone device. You could lose all the money in your Valsto account. If you tell us within 60 days after we provide you your Valsto account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.
Also, if your Valsto account statement shows transfers that you did not make, including those made with your Valsto login information, PIN and mobile phone device or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
An "Error" means the following:
When money is either incorrectly taken from your Valsto account or incorrectly placed into your Valsto account, or when a transaction is incorrectly recorded in your Valsto account.
You send a payment and the incorrect amount is debited from your Valsto account.
An incorrect amount is credited to your Valsto account.
A transaction is missing from or not properly identified in your Valsto account statement.
We make a computational or mathematical error related to your Valsto account.
You request receipt or periodic statement documents that Valsto is required to provide to you.
You request additional information or clarification concerning a transfer to or from your Valsto account, including a request you make to determine whether an error has occurred.
You inquire about the status of a pending transfer to or from your Valsto account.
You request documentation or other information, unless the request is for a duplicate copy for tax or other record-keeping purposes.
The following are NOT considered Errors:
If you give someone access to your Valsto account (by giving them your login information) and they use your Valsto account without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.
Routine inquiries about your Valsto balance.
Requests for duplicate documentation or other information for tax or other recordkeeping purposes.
Telephone us at (408) 905-7691 or email us from our contact page.
Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Tell us your name and username (email).
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question.
We will rectify any processing error that we discover. If the error results in:
You receiving less than the correct amount to which you were entitled, then we will credit your Valsto account for the difference between what you should have received and what you actually received.
You receiving more than the correct amount to which you were entitled, then we will debit your Valsto account for the difference between what you actually received and what you should have received.
Processing errors are not:
Delays that result from Valsto applying holds, limitations or reserves.
Delays based on a payment review.
Delays described under How to buy and Payment authorization related to the time it may take for a purchase transaction to be completed in some situations.
Your errors in making a transaction (for example, mistyping an amount of money that you are sending).
When you provide us your mobile phone number, you agree that Valsto and its affiliates may contact you at that number using autodialed or prerecorded calls or text messages to: (i) service your Valsto accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. You have to agree to receive autodialed or prerecorded calls or texts to your mobile phone number in order to use and enjoy the products and services offered by Valsto. Standard telephone minute and text charges may apply.
Valsto may communicate with you about your Valsto account and the Valsto services electronically as described in our Electronic Communications Delivery Policy. You will be considered to have received a communication from us, if it's delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it's delivered by mail, 3 Business Days after we send it.
You understand and agree that, to the extent permitted by law, Valsto may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Valsto or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Valsto may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Valsto, and Valsto does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Valsto, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf or some or all of the Valsto services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your Valsto balance.
As security for the performance of your obligations under this user agreement, you grant to Valsto a lien on, and security interest in and to, your Valsto balance in the possession of Valsto.
If your Valsto balance becomes negative for any reason, that negative Valsto balance represents an amount that you owe to Valsto. Valsto may deduct these amounts from funds that are added to your Valsto account later, either by you or from payments you receive. If you continue using your Valsto account when it has a negative balance, you authorize Valsto to combine the negative balance with any debit or transaction sent from your account when that combination is disclosed to you in advance of initiating the debit or transaction.
In addition to the above, if you have a past due amount owed to us, Valsto may debit your Valsto account to pay any amounts that are past due. This includes amounts owed by using our various products such as Valsto Advertising.
If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we'll be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this user agreement.
If Valsto invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that Valsto assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Valsto's discretion.
Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
In this section, we use the term "Valsto" to refer to Valsto, Inc.,
You must indemnify Valsto for actions related to your Valsto account and your use of the Valsto services. You agree to defend, indemnify and hold Valsto harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Valsto services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Valsto account or access our websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf, or any of the Valsto services on your behalf.
Valsto's liability is limited with respect to your Valsto account and your use of the Valsto services. In no event shall Valsto be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf, any of the Valsto services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.
Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Valsto is not liable, and you agree not to hold Valsto responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf, or any of the Valsto services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf and any of the Valsto services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf or any of the Valsto services or any website or service linked to our websites, software or any of the Valsto services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf or any of the Valsto services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Valsto account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Valsto's policies.
The Valsto services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. Valsto specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Valsto does not have any control over the products or services provided by sellers who accept Valsto as a payment method, and Valsto cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. Valsto does not guarantee continuous, uninterrupted or secure access to any part of the Valsto services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Valsto services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. Valsto will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but Valsto makes no representations or warranties regarding the amount of time needed to complete processing because the Valsto services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
If you have a dispute with any other Valsto account holder, you release Valsto from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
"Valsto.com," "Valsto," and all logos related to the Valsto services are either trademarks or registered trademarks of Valsto or Valsto's licensors. You may not copy, imitate, modify or use them without Valsto's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Valsto. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Valsto for the purpose of directing web traffic to the Valsto services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Valsto or the Valsto services or display them in any manner that implies Valsto's sponsorship or endorsement. All right, title and interest in and to the Valsto websites, any content thereon, the Valsto services, the technology related to the Valsto services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Valsto and its licensors.
If you are using Valsto software such as an API, developer's toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then Valsto grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use Valsto's software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the Valsto services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, Valsto and third parties. Valsto may update or discontinue any software upon notice to you. While Valsto may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the Valsto Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to Valsto's software are owned by Valsto and any third party materials integrated therein are owned by Valsto's third party service providers. Any other third party software application you use on the Valsto websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Valsto does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the Valsto services.
Valsto does not claim ownership of the content that you provide, upload, submit or send to Valsto. Nor does Valsto claim ownership of the content you host on third-party websites or applications that use Valsto services to provide payments services related to your content. Subject to the next paragraph, when you provide content to Valsto or post content using Valsto services, you grant Valsto (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. Valsto will not compensate you for any of your content. You acknowledge that Valsto's use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Valsto.
Notwithstanding the provisions of the prior paragraph, if you are a seller using the Valsto services to accept payments for goods and services, you hereby grant Valsto and its affiliates a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this user agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts a Valsto service as a payment form, and (2) any other use to which you specifically consent.
You may not transfer or assign any rights or obligations you have under this user agreement without Valsto's prior written consent. Valsto may transfer or assign this user agreement or any right or obligation under this user agreement at any time.
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Valsto.
You authorize Valsto, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. We may also ask to see your driver's license or other identifying documents at any time. If you use certain Valsto services, federal law requires that Valsto verify some of your information. Valsto reserves the right to close, suspend, or limit access to your Valsto account and/or the Valsto services in the event we are unable to obtain or verify this information.
Our relationship with you under this user agreement is as a payment and advertising service provider, and Valsto is an independent contractor for all purposes. Valsto is not your agent or trustee.
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your Valsto account or your relationship with Valsto. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
If you receive information about another Valsto customer, you must keep the information confidential and only use it in connection with the Valsto services. You may not disclose or distribute any information about Valsto users to a third party or use the information for marketing purposes unless you receive that user's express consent to do so. You may not send unsolicited emails to a Valsto customer or use the Valsto services to collect payments for sending, or assist in sending, unsolicited emails to third parties.
