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Esi App Terms

einstrong.org / Esi App Terms

ESi App User Agreement

1. Introduction
Welcome to the ESi App; the EinStrong Foundation’s [link to ES website] mobile telephone platform for the distribution of a Universal Basic Income (“UBI”) (the “service”). The app will work to distribute money from private donors to private recipients. This agreement outlines the terms and conditions on which you may use our services. By registering for and using the ESi App, you agree to these terms.

2. User Eligibility and Registration
To be eligible to receive money via the ESi App, users must complete a registration process, including personal identity verification. You agree to provide accurate and complete information during this process and to update such information after your first registration if any of the relevant information changes.

3. Minors Restricted from Use
Persons under the age of 18 are not permitted to use or register for the ESi App.

4. Identity Verification and Biometric Data
For the secure and precise distribution of UBI money, users are required to undergo identity verification using palm print and facial recognition technology. This biometric data will be encrypted and stored securely in the United States of America. The data will be used solely for the purpose of identity verification and fraud prevention.

5. Data Protection, Privacy, and Compliance
We prioritize the protection of your personal and biometric data. All data collection, storage, and processing will comply with United States data protection laws. We implement robust security measures to safeguard your data from unauthorized access, alteration, disclosure, or destruction.

6. User Conduct and Responsibilities
You agree to use the ESi App legally and responsibly (the latter could be determined by a neutral third party). Any fraudulent or illegal activities, including, but not limited to, identity theft and providing false information will result in the immediate termination of your access to the app and potential legal action against you.

7. UBI Distribution and Account Management
UBI funds will be distributed monthly through the ESi app. It is your responsibility to manage and secure your account. We are not liable for any losses incurred due to unauthorized access resulting from your failure to secure your account.

8. Modification of Terms
We may modify this user agreement from time to time. Any changes will be communicated through the app and/or email, and your continued use of the ESi app after such modifications will constitute your acceptance of the revised terms.

9. Termination and Suspension
We reserve the right to suspend or terminate your account if you violate any terms of this agreement or if your actions are, in our sole discretion, detrimental to the integrity of the EinStrong Foundation UBI program and/or other users.

10. Dispute Resolution
a) Informal Negotiations
To expedite the resolution and control the cost of any dispute, controversy, or claim related to this user agreement (a “dispute” or “disputes”) brought by either you or us (the “parties”), the parties agree to first attempt to negotiate any dispute informally for at least 60 days before initiating arbitration.

b) Binding Arbitration
If the parties are unable to resolve a dispute through informal negotiations, the dispute must be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the rules of the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles County, California, United States of America. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles County, California, United States of America. The parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the Uniform Computer Information Transaction Act (“UCITA”) is excluded from this user agreement.

In no event shall any dispute brought by either party related in any way to the ESi app or related services be commenced more than six months after the cause of action arose.

c) Restrictions
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No class action lawsuit may be brought in relation to the use of the ESi app.

11. Limitations of liability
In no event will the EinStrong Foundation and/or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or any other damages arising from your use of the ESi app, even if we have been advised of the possibility of such damages.

12. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: your use of the ESi app, breach of this user agreement, and/or any breach of your representations and warranties set forth in this user agreement. If you violate this user agreement, we reserve the right to sue you for this violation. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

13. Contact and Support
For support, questions, or concerns regarding this agreement or the ESi App, please use the in-app support feature or contact our customer service team at kang@einstrong.org.

14. Agreement
By registering for and using the ESi App, you affirm that you have read, understood, and agreed to be bound by the terms of this user agreement.