Wallet Terms March 1, 2024

Before using Fawi Wallet, the User must agree to the Fawi Account Terms of Use and the Fawi Privacy Policy .

If the User intends to make transactions and payments to applications through Fawi Wallet, they must agree to these terms.

Definitions

Fawi Wallet: It is a transfer, payment, and receipt processor owned by Fawi, used for transactions between users, between users and application providers, or between users and Fawi.

Main Currency: It is defined as the main transaction currency within the Fawi Wallet Payment Processor.

FC – Fawi Coins: It is the official and main currency used for transactions and payments in Fawi Wallet.

User: The person who performs transfers, payments for products or services, and receipts by transfer, all through Fawi Wallet in FC – Fawi Coins.

Merchants: Providers of Products and Services distributed through Fawi and/or applications, using Fawi Wallet to receive payments.

Products: Software, content, digital materials, and other items and services provided by Developers Apps or through Fawi.

Transfers: The act of transferring FC - Fawi Coins from one account to another.

Payments: The act of paying in FC – Fawi Coins for Products and/or Services provided through Fawi or Provider Applications.

Disputes: The act of requesting a refund of payments made by Users to Merchants.

Incomplete and/or Defective Products: Incomplete and/or defective products are products that do not fully correspond to the descriptions and features presented to users before the act of purchase and/or payment.

Refund: The act of reimbursing payments made by users to merchants.

Receipts: The act of receiving payments for products and/or services from merchants to users, distributed by Fawi or through applications.

Withdrawals: The act of converting FC – Fawi Coins to a local currency and transferring the converted value to a user's bank account.

1. Responsability

1.1 Fawi Wallet is the platform that supports transactions and/or exchanges in the Fawi store or in provider applications, allowing transfers, payments, and receipts for products or services. Therefore, it must ensure the security and privacy of transaction data.

1.2 Users and merchants also commit to respecting the rules for each functionality of use, as stipulated in this terms of use, and to always act in good faith, respecting ethical values, moral values, local and international laws.

2. Creation and Editing

2.1 In the processes of creation and editing in Fawi Wallet, users and merchants commit to providing true data.

2.2 If there are indications that the provided data is false or inappropriate, Fawi has the right to suspend, terminate, or remove digital creations from the Fawi Wallet platform or even the user's account.

2.3 Inappropriate data is considered to be content that is illegal, racist, threatening, defamatory, obscene, invasive of others' privacy, or that incites any type of violence.

2.4 In the event of any errors or damages caused by the registration of incorrect, incomplete, or outdated information, the user is responsible.

3. Removal

3.1 The user can remove the digital content created in Fawi Wallet at any time, ceasing to have access to them through Fawi Wallet and Fawi, except in the case of product prices that have been previously transacted.

4. Removal by Fawi

4.1 If Fawi concludes that any user's digital content or any part of it violates applicable laws or the terms of this agreement, it reserves the right to reject, suspend, or even remove the digital content from the Fawi platform and devices.

5. Transfer

5.1 When transferring FC - Fawi Coins to another user, the user will relinquish control and authority over them from the moment the second user receives the transfer and may be subject to fees charged by Fawi Wallet, which may vary at any time.

6. Third-Party Management

6.1 The User is responsible for all the functionalities of the Digital Content delegated to third parties and for its possible uses.

7. Payments

7.1 All payment processes and/or subscriptions through the Fawi Wallet platform are carried out through a payment API provided by Fawi and subject to prior authentication (security PIN / fingerprint) by the user, and may be subject to fees charged by Fawi Wallet, which may vary at any time.

7.2 The User should avoid any form of payment outside the Fawi Wallet API and never provide their Fawi account password for any payment purpose if requested, as there is a risk of falling victim to fraud.

8. Age Restrictions

8.1 The use of Fawi Wallet requires the user to have a valid email account with truthful information and to accept the Fawi Account Terms of Use. Some services may be deemed inappropriate for minors, requiring parental control or supervision of a legal guardian, thus respecting any age restrictions applied in the use of Fawi Wallet.

9. Personalized Recommendations

9.1 Fawi Wallet may recommend services based on created digital content and other activities. You can choose to opt out of receiving such personalized recommendations for some services in your account settings. Some recommendation features may require your permission before being activated. If you activate these features, you will be asked to grant Fawi Wallet permission to collect and store certain data, including but not limited to data about your device activity, location, and usage.

10. Rules for Service Use

10.1 Your use of Fawi Wallet services must follow the rules established in this section ("Rules for Use"). Any other use of the services constitutes a material violation of this Agreement. Fawi Wallet may monitor service usage to ensure compliance with these Rules for Use.

10.2 Through Fawi Wallet, you have access to a set of services that can be accessed on any device you own or control, provided it is compatible and allows access to Fawi Wallet.

10.3 You may access the Services using the Fawi Wallet software and your Fawi User Account, and you may not modify or use modified versions of our software.

10.4 The delivery of content by Fawi Wallet does not transfer any commercial or promotional usage rights to the user and does not constitute a grant or waiver of any rights of copyright holders.

10.5 You may not tamper with or bypass any security technology included in Fawi Wallet Services.

11. Availability of Services

11.1 Terms in this Agreement related to Services or functionality not available in your country of residence will not apply to you unless and until they become available to you. Some Services and Content available to you in your home country may not be available to you when traveling outside your home country.

12. Devices

12.1 Depending on the type of device used, you may not be able to access all features or types of content provided by Fawi Wallet; therefore, Fawi Wallet cannot be held responsible for such situations.

13. User Data

13.1 User data will be processed in accordance with Fawi's Privacy Policy.

14. Payments to Fawi Wallet Services

14.1 You can access Fawi Wallet Services either for free or for a fee, with either acquisition referred to as a "Transaction." Through each Transaction, you acquire a license to benefit from Fawi Wallet Services. Each transaction constitutes an electronic contract between the user and Fawi Wallet.

14.2 Fawi Wallet will charge through your selected payment method (credit card, debit card, vouchers/gift codes, or other available method in your country of residence) for any paid Transactions, including all applicable taxes. If, for any reason, we cannot collect the payment through the selected payment method (e.g., due to expiration or insufficient funds), you remain responsible for any unpaid amounts, and we will attempt to collect the payment again once you update your payment method information.

14.3 You agree to receive all invoices in an electronic format, which may include email.

14.4 Prices of Services may be changed at any time.

14.5 If technical issues prevent or unreasonably delay the provision of Fawi Wallet Services, your exclusive and sole remedy will be to try again or request a refund of the paid price if the first option fails and upon justification.

14.6 At any time, Fawi Wallet may refuse a refund request if we find evidence of fraud, abuse of refunds, or other manipulative behavior, entitling Fawi Wallet to corresponding counterclaims.

14.7 Right of withdrawal: If you choose to cancel your order, you can do so without providing any reason within 14 days after the date you received the receipt. To cancel your order, you must inform us of your decision. To ensure immediate processing, we recommend using the support email: "support@myfawi.com." Subscription services can only be canceled after the initial subscription and not after each automatic renewal. You also have the right to inform us using the cancellation template below or by making any other unequivocal statement. To meet the cancellation deadline, you must send your cancellation notice before the 14-day period expires. We will refund within 14 days after the day we receive your cancellation notice. We will use the same payment methods you used for the Transaction, and you will not incur any costs for such refund. You cannot cancel your order for the supply of Content if the delivery has started upon your request and acceptance, thereby forfeiting the right of withdrawal.

Cancellation template: - To Fawi:
- I herewith declare that I intend to terminate my contract related to the following: [INSERT PURCHASE ID];
- Purchased on [INSERT DATE] / received on [INSERT DATE];
- Consumer's name;
- Consumer's address; Consumer's email (optional);
- Date.

15. Subscriptions

15.1 Fawi Wallet may allow you to access the Services on a one-time payment or subscription basis ("Paid Subscriptions"). Paid Subscriptions automatically renew until canceled in your account settings. We will notify you if the price of a Paid Subscription is increased, and if necessary, we will obtain your consent to continue the Subscription. You will be charged no more than 48 hours before the start of the last Paid Subscription period.

15.2 If, for any reason, we cannot collect the payment through the selected payment method (e.g., due to expiration or insufficient funds) and if you have not canceled the Paid Subscription, you remain responsible for any unpaid amounts, and we will attempt to collect the payment once you update your payment method information. In this case, there may be a change in the start of your next Paid Subscription period and a change in the billing date for each period. We reserve the right to cancel your Paid Subscription if we cannot successfully charge your payment method to renew your subscriptions.

15.3 Certain Paid Subscriptions may offer a free trial period before charging your payment method. If you decide to cancel the Subscription of a Paid Subscription before we start charging your payment method, cancel at least 48 hours before the free trial period ends.

16. License for Services

16.1 Fawi Wallet services are licensed by Fawi and not sold.

16.2 Fawi grants you a non-transferable license to access Fawi Wallet services. You may not transfer, distribute, or sublicense Fawi Wallet's licensed services. You may not copy, attempt to obtain the source code, modify, or create derivative works of Fawi Wallet or third parties, or any updates (except as may be permitted by licensing terms governing the use of open-source components of Fawi Wallet or third parties).

16.3 You are solely responsible for your Digital Content, warranties, and any claims you may have related to your publications. You acknowledge and agree that Fawi is a third-party beneficiary of the ALUF that should be provided for each Content distributed through the Fawi platform.

16.4 Fawi Wallet is not responsible for examining or evaluating the content or accuracy of any published Digital Content and will not be liable for any Third-Party External Products and Services.

16.5 Fawi Wallet will exercise diligence and reasonable techniques with respect to the use of any External Services provided or made available by the User's published Digital Content. Fawi Wallet makes no other promises or grants any other warranties regarding External Services, in particular, does not guarantee:

  1. That your use of them will be uninterrupted or error-free;
  2. That they will be provided free of loss, corruption, attacks, viruses, interference, hacking, or other security intrusions, and Fawi is exempt from any liability related to the above. The user is responsible for the security backup of their own system.

17. Payments to Merchants

17.1 Merchants appoint Fawi Wallet as their payment processor, as described here, for the purpose of receiving payments made by users when purchasing Products and/or Services.

17.2 This Agreement covers Products and/or Services for which users have to pay an access fee. To be paid for Products and/or Services, Merchants must have a valid Fawi Account and keep that account in compliance. In the course of transactions intended for Merchant Receipts, a fee may be charged by the Payment Processor, to be borne or not by the Merchants themselves. In case of conflicts between contracts entered into between Merchants and Users, the terms of this Agreement prevail.

17.3 Payments to Merchants will be made using the official and main currency of Fawi Wallet, in this case, FC – Fawi Coins.

17.4 All payments made by Users to Merchants remain in a pending state for a security period of 14 days from the date of payments, during which Users can request refunds through disputes

17.5 If a dispute is opened, the respective payment will remain in a pending state until the dispute is resolved, and if the Merchant feels aggrieved or unjustly treated, they should contact Fawi support services for dispute resolution and moderation.

17.6 Merchants authorize Fawi to issue refunds to users if it is found that they have been harmed by the supply of incomplete and/or defective products. Merchants agree that Fawi may deduct the value of these refunds from payments made to merchants. In all other cases, standard Payment Processor Terms of Use regarding refunds apply. Refunds to users may not include taxes previously charged on product purchases.

18. Withdrawals

18.1 Withdrawals of Fawi Coins will be made by users upon request, knowing that only coins available in the main wallet and not under transaction security periods will be withdrawn.

18.2 To make withdrawals, users must provide a valid destination bank account and fill in all the necessary details for withdrawal requests. The destination bank account information is needed to receive money in exchange for your Fawi Coins. The submission of invalid bank and order information could result in a Withdrawal Process rejection and will be subject to penalizing fees if the transfer is declined due to data errors.

18.3 In the Withdrawals process, you will sell your Fawi Coins, so you will need to submit invoices in the Bank Account Holder's name to Fawi, filled with the same Order Info and with all the local taxes included in order total amounts. You will be responsible for inserting valid Order Info, true invoice information, and paying all tax fees in the country of the destination bank account (if provided for in legislation) at the risk of being penalized by local legislation. The invoice should be processed by software certified by your local authority (if provided for in legislation). The submission of an invalid invoice could result in a Withdrawal Process rejection. You will be responsible for inserting true invoice information and paying tax fees in the country of the payment bank account at the risk of being penalized by local legislation.

18.4 The minimum withdrawal value is 2,600 FC, and it could imply additional banking transfer costs ranging from 0 Euro to approximately 50 Euros, depending on your destination bank. A "Transaction Fee" may or may not be charged on Fawi Coins withdrawals, to be periodically reviewed by Fawi.

18.5 In cases where Fawi Wallet is required by applicable (local) legislation or relevant governmental or tax authorities to withhold taxes, or if Fawi is required under applicable (local) legislation or by applicable tax or governmental authorities to withhold any Taxes (in this case, "Withholding Tax"), Fawi will also deduct an amount equal to the Withholding Tax from the amounts delivered by Fawi Wallet to the User. Withholding Tax includes, among other things, withholding obligations on cross-border payments or those established by telecommunications taxes.

19. Disputes

19.1 Users can open a dispute within the modal with the details of the respective transaction or payment in question through the transaction history of Fawi Wallet, provided it is done within the 14-day period from the date of the transaction.

19.2 Users have the right and duty to open disputes about transactions that they believe are harmful to the interests of users, concerning incomplete and/or defective products, provided they are well-founded and within the 14-day period from the dates of the transactions. Disputes will always be between Users and Merchants, although they are monitored by Fawi, and if the latter deems it appropriate, the amount may be refunded automatically if the refund is not made voluntarily by the Merchant.

19.3 If the User feels aggrieved or unjustly treated, they can contact Fawi support services for dispute resolution and moderation.

20. Refunds

20.1 Refunds can be made by Merchants at any time, provided that the payments made by users are pending, either because they are within the 14-day security period from the date of the transaction or because they are in the dispute process.

20.2 In specific cases of dispute, Fawi may determine the refund of payments to users. In all other cases, standard Payment Processor Terms of Use regarding refunds apply. Refunds to users may not include taxes previously charged on product purchases.

21. Maintenance and Support for Digital Content

21.1 Fawi is responsible for providing maintenance and support only for the Fawi Wallet platform or as required by applicable law. Merchants are responsible for providing maintenance and support for their published products and services.

22. Conflict Resolution

22.1 Conflicts arising from the use of third-party Payment Processors should be resolved between the User and Merchants.

23. Waiver of Warranties; Limitations of Liabilities

23.1 Fawi Wallet will provide services with diligence and reasonable techniques. Fawi makes no other promises or warranties about the Services and, in particular, does not guarantee that:

  1. the use of the Services will be uninterrupted or error-free. Occasionally, Fawi may suspend the Services for indefinite periods or cancel the Services at any time for technical/operational reasons, and will notify you of such, if possible;
  2. the Services will be free from loss, corruption, attacks, viruses, interference, hacking, or other security intrusions, which will be considered Force Majeure events, and Fawi Wallet disclaims any liability related to them. You are responsible for backing up your own system, before, during, and after using the Services, including any content or data used in connection with or acquired from the Services.
  3. Fawi Wallet shall not be responsible for any data charges you may incur in using the Services.

23.2 Under no circumstances will Fawi Wallet, its directors, employees, workers, affiliates, agents, suppliers, or licensors be liable for any loss or damage caused by Fawi Wallet, its workers, or agents when:

  1. there is no breach of a legal duty of care owed to you by Fawi Wallet or any of our workers or agents;
  2. it is not a reasonably foreseeable result of any of these breaches;
  3. any increase in loss or damage results from your breach of any term or condition of this Agreement;
  4. it results from a decision by Fawi Wallet to remove or refuse to process any information or content, to warn you, suspend, or terminate your access to the Services, or to take any other action during a suspected violation or as a result of Fawi Wallet's determination that a violation of this Agreement has occurred; or
  5. it is related to loss of income, business, or profits, or any loss or corruption of data related to your use of the Services.

23.3 Fawi Wallet will use its best efforts to protect the information submitted by the user in connection with the services, including fraudulent use.

23.4 If you violate this Agreement, you will be liable to Fawi Wallet, its directors, employees, workers, affiliates, agents, suppliers, and licensors for any claim resulting from your violation. You will also be responsible for any action taken by Fawi Wallet as part of its investigation of a suspected violation of this Agreement or as a result of its findings or determination that a violation of this Agreement has occurred.

24. Intellectual Property

24.1 You agree that the Services, among other things, content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain confidential information and material that is owned by Fawi Wallet and/or its licensors and is protected by applicable intellectual property and other laws, including copyright. You agree not to use such confidential information or materials in any way other than for non-commercial use of the Services in accordance with this Agreement. No part of the Services may be reproduced in any format or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute the Services or Content in any way, and you will not exploit the Services in any unauthorized way.

24.2 The name Fawi Wallet, the Fawi Wallet logo, and other service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Fawi Wallet. You are not granted any right or license with respect to any of the foregoing trademarks.

24.3 If you believe that any content available through the Services infringes the copyright claimed by the user, please contact Fawi Wallet.

25. Usage History

25.1 By using the Fawi Wallet Services, the user grants Fawi the permission to store the usage history.

26. Language

26.1 Considering the possibility of Fawi Wallet providing a translated version of the Terms, you agree that the translation is provided for your convenience only and that the English versions of the Terms will govern your relationship with Fawi Wallet.

26.2 If there is any contradiction between what the English version of the Terms says and what a translation says, then the English version will prevail.

29. Change of Terms

29.1 If there are changes to the Terms, the user will be notified 30 days in advance before the changes take effect. After this period, the user can review and accept the new terms to continue using Fawi Wallet.

Contact Us

For any questions or clarifications, please contact Fawi through email:

support@myfawi.com