Terms and Conditions for Moni Wealth Application

[Last updated: 06/14/2024]

1. Introduction

These terms of use are entered into by and between you and Moni Wealth, LLC ("Company," "we," or "us") for the use of Moni Wealth Application (the "App"), a mobile application that allows you to earn cash back rewards for your online purchases through our affiliated third party sites (the "Merchants"). By using the App any content, functionality, and services offered on or through the App, you agree to be bound by these Terms and Conditions (the "Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not use the App. We reserve the right to modify these Terms at any time and without prior notice. Your continued use of the App after any changes to these Terms constitutes your acceptance of the revised Terms.  

2. How the App Works

The App works by providing access to affiliated merchants via third party sites for online purchases through the Merchants and crediting your account with a percentage of the purchase amount as cash back rewards (the "Rewards"). To use the App, you must create an account and link your preferred payment method. You can then browse the Merchants and their offers on the App and make your purchases through the App. The App will automatically track your purchases and calculate the Rewards based on the offer details and the purchase amount. The Rewards will be sent from the Merchants to the App within a reasonable time after the purchase is completed and confirmed. The App will then update your account balance with the Rewards on a quarterly basis.

3. How the App Charges Fees

The App does not charge you any fees for using the App or earning Rewards. However, the App charges a service fee to the merchant. How the App Distributes Cash Back / Rewards. The App distributes the cash-back / Rewards to your account on a quarterly basis. The quarters are as follows: January-March, April-June, July-September, and October-December. The cash-back /Rewards will be credited to your account within 15 days after the end of each quarter. You can then withdraw the cash back from your account to your linked payment method. The minimum amount for withdrawal from an account is $20. If your account balance is less than $20 at the end of a quarter, the cash back will remain in your account until you reach the minimum amount. You can check your account balance and transaction history on the App at any time. Withdrawals from the account can be made at any time upon meeting the minimum limit. Processing time for each withdrawal will depend on the bank institution.

4. Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States, Puerto Rico, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  

These Terms permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except for reports on cash back and account balances.

You must not:

· Modify copies of any materials from this site.

· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.

If you wish to make any use of material on the App other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. Trademarks

The Company name, the terms Moni™, Moni Wealth™, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.  

6. Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:

· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

· To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.

· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.

Additionally, you agree not to:

· Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App, including their ability to engage in real time activities through the App.

· Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.

· Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

· Use any device, software, or routine that interferes with the proper working of the App.

· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.

· Attack the App via a denial-of-service attack or a distributed denial-of-service attack.

· Otherwise attempt to interfere with the proper working of the App.

7. Changes to the App

We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.  

8. Online Purchases and Other Terms and Conditions of affiliates

All purchases made through our partner referral links or other transactions for the sale of goods or services carried out through the App access links, or resulting from visits made by you, are governed by the Terms of Sale of the specific partner accessed, which are hereby incorporated into these Terms.

Additional terms and conditions may also apply to specific portions, services, or features of the App. All such additional terms and conditions are hereby incorporated by this reference into these Terms.  

9. Geographic Restrictions

The owner of the App is based in the State of Florida in the United States. We provide this App for use only by persons located in the United States, its territories among them Puerto Rico. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, even if done so through VPN or IP masked devices, you do so on your own initiative and are responsible for compliance with local laws.  

10. Governing Law and Jurisdiction

All matters relating to the App and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Puerto Rico without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Puerto Rico or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. User Requirements and Conduct

· You must be at least 18 years old and a legal resident of the United States and/or its territories to use the App.

· You are responsible for maintaining the security and confidentiality of your account and password. You must notify us immediately of any unauthorized access or use of your account.

· You must not use the App for any illegal, fraudulent, or abusive purposes. You must comply with all applicable laws and regulations when using the App and making purchases through the Merchants.

· You must not use any bots, scripts, or other automated methods to access or use the App or manipulate the Rewards system. Any intent to manipulate and/or change the system will result in the immediate cancellation of your account.

·       You must not interfere with or disrupt the operation of the App or its servers or networks. ·       You must not copy, modify, distribute, or reverse engineer any part of the App or its content.

· You must not violate the rights of any third party, including the Merchants, their customers, or their affiliates.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App´s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.

We do not warrant that the App will be error-free, secure, or uninterrupted. The App is provided "as is" and "as available" without any warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.  

13. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

We are not responsible or liable for any loss, damage, lack of payment or delay caused by the Merchants, their products, services, offers, or policies. We do not endorse or guarantee the quality, accuracy, or reliability of the Merchants or their offers. You must review the terms and conditions of the Merchants before making any purchases through the App. We are not responsible or liable for any taxes, fees, or charges that may apply to your purchases or Rewards. You are solely responsible for reporting and paying any taxes, fees, or charges that may be required by law.  

14. Assignment

We may assign or transfer our rights and obligations under these Terms to any person or entity without your consent. You may not assign or transfer your rights and obligations under these Terms to any person or entity without our prior written consent.  

15. Waiver and Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.  

16. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the App and the Rewards and supersede any prior or contemporaneous agreements, communications, warranties or representations, both written and oral. If you have any questions, comments, or complaints about the App, the Rewards, or these Terms, please contact us at [email protected].  

17. Notices

All notices to Company shall be addressed to Moni Wealth, LLC 1111 Brickell Bay Dr. Miami, FL 33131.

All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: [email protected].