Legal

User agreement

‍This User Agreement (“Agreement”) is a contract between you (“you” or “your”) and Didalla, Inc.® (“the Company” or “Didalla”), its affiliates, agents, and assigns (collectively, “the Company,” “we,” “us,” or “our”). This Agreement sets forth the terms and conditions for your use of Didalla products and services and any other Didalla features, technologies, and / or functionalities offered by the Company on our website available at www.Didalla.com (“Website”), as well as in the Didalla app (“Didalla app”) or through any other products and services offered, operated or made available by Didalla services (collectively, the “Services”). Didalla Services are provided to you subject to this Agreement as well as our Privacy Policy (“Privacy Policy”) which is incorporated in this Agreement under Privacy Policy in Section 6.

THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 32 BELOW FOR MORE INFORMATION.

Acceptance of agreement

‍Please carefully review this Agreement before using the Website or Services, or accessing any data therein. If you do not agree to these terms, you may not access or use the Website or Services. To use Didalla’ Website, or Services, you must be of legal age to form a binding contract with Didalla and not prohibited by law from using the Website or Services.

Third- party agreement

‍You acknowledge and agree that this Agreement is between you and Didalla, not with any third-party (including, but not limited to, Apple® (“Apple”), Google® (“Google”) or any mobile carrier), and that the Company is solely responsible for Didalla Services. Your use of Didalla Services may be subject to separate agreements you may enter into with your mobile device operating system provider, (e.g., Apple, Google, or Microsoft® (“Microsoft”), your mobile device manufacturer, (e.g., Apple, Samsung® (“Samsung”)), your mobile service carrier, (e.g., AT&T® (“AT&T”) or Verizon® (“Verizon”)), and other parties involved in providing your mobile device service.

Third-party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as (“Covered Third Parties.”) You agree to comply with all applicable third-party terms of agreement when using Didalla Services. The Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.

Modification of agreement

‍Didalla reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Website. You should check this Agreement on the Website periodically for changes. All changes shall be effective upon posting, and we will also revise the “last updated” date stated above. Your continued use of the Website or Services after any change to this Agreement constitutes your agreement to be bound by any such changes.

Didalla may terminate, suspend, change, or restrict access to all or any part of the Website or Services at any time without notice or liability in its sole discretion.

Consent to electronic communication

5.1 Communications to Be Provided in Electronic Form‍‍:

By choosing to use the Website or Services, you may receive disclosures, notices, documents, and any other communications about the Website, Services, or Didalla from Didalla (“Communications”) from time to time. We can only give you the benefits of our Services by conducting business through the Internet and, therefore, we need you to consent to receiving Communications electronically. We may discontinue electronic provision of Communications at any time at our sole discretion. If you do not consent to receiving all Communications electronically, or later attempt to revoke your consent, you will no longer be authorized to access the Website or use the Services.

5.2 Communications in Writing‍‍:

By accepting this Agreement, you agree that electronic communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically, as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time. You will need a valid email address and sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.

5.3 Updating Records: ‍

As noted above, you can update your User Information (as defined in Section 10.A.) by accessing your Didalla account and updating your User Information.

Privacy policy

‍Didalla maintains a Privacy Policy, available at Didalla.com/privacy-policy, which details what data we collect, and how we collect it and use it. Our Privacy Policy is fully incorporated into this Agreement. We reserve the right to update the Privacy Policy at any time at our discretion, and that any changes made to our Privacy Policy are effective when the updates are live on the Website. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy and protecting your data, as well as our use and disclosure of your information.

If you receive information about another Didalla customer through the Services, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute an Didalla user’s information to a third party or use the information for marketing purposes without that user’s express consent.‍

Mobile applications

‍7.1 Third-Party Operating System Providers, Phone Manufacturers, and Wireless Carriers

‍Didalla’ mobile application works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. The Company is solely responsible for providing maintenance and support services for Didalla Services. Covered Third Parties have no obligation to provide maintenance or support services for Didalla Services. Covered Third Parties have no warranty obligations whatsoever with respect to Didalla Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of Didalla Services to conform to any warranty provided by the Company, if any, will be the Company’s sole responsibility. The Company, not any Covered Third Parties, is responsible for addressing any claims relating to the Didalla Services, including, but not limited to:I. product liability claims; II. any claim that Didalla Services fail to conform to any applicable legal or regulatory requirement;III. claims arising under consumer protection or similar legislation; and,IV: intellectual property claims. ‍‍Please contact us info@Didalla.com to contact the Company. If you are using Didalla Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Services.

7.2 Services via SMS or Mobile Data

By using the service you consent for Didalla to send you SMS messages about your transactions, as well as any promotions related to the Didalla product. Message frequency varies.

(a) When signing up for Didalla, you may receive sms messages to verify your identity, reminders about the status of your payments and marketing messages

(b) You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

(c) If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by emailing us at info@Didalla.com or calling us at 1866-627-5738.

(d) Carriers are not liable for delayed or undelivered messages5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive occasional messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

(e) If you have any questions regarding privacy, please read our privacy policy: https://www.Didalla.com/privacy-policy

Limitations of use

‍8.1 You agree that you will not:

‍(a) try to reverse engineer, disassemble, decompile, or decipher the Website, or the Services or software comprising the Website and Services;‍

(b) navigate or search the Website or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders);

‍(c) use a means other than Didalla provided interface to access the Website, or the Services;‍

(d) use the Website or the Services in a way that could impair, overburden, damage, or disable any portion of the Website or Services; or‍

(e) mirror any material or content contained on the Website or the Services.

8.2 Didalla reserves the right to

‍Take various actions against you if we believe you have engaged in activities restricted by this Agreement or by any laws or regulations. Didalla also reserves the right to take action to protect itself, other users, and other third parties from any liability, fees, fines, or penalties. We may take actions including, but not limited to:

(i) updating information you have provided to us so that it is accurate;

(ii) limiting or completely closing your access to the Website or the Services;

(iii) suspending or terminating your ability to use the Website or Services on an ongoing basis;

(iv) taking legal action against you; and / or

(v) holding you liable for the amount of Didalla’ damages caused by any violation by you of this Agreement or any applicable law or regulation.

Intellectual property rights

‍The Website and the Services are owned and operated by Didalla. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, “Didalla Materials”) are owned exclusively by Didalla or its licensors or suppliers and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights and applicable laws.Nothing on the Website or about the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Didalla Materials displayed on the Website or the Services except as expressly set forth herein, without our prior written consent in each instance.

You may not use, copy, display, distribute, modify, or reproduce any of the Didalla Materials found on the Website or Services unless in accordance with written authorization by us. Any questions concerning any Didalla Materials, or whether any mark or logo is a Didalla Material, should be referred to Didalla. All rights related to the Didalla Materials are hereby reserved.You agree that the Didalla Materials may not be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Didalla. You acknowledge that Didalla Materials are and shall remain the property of Didalla. You may not modify, participate in the sale or transfer of, or create derivative works based on any Didalla Materials, in whole or in part.‍

Didalla service terms

‍Didalla Services allow you to make payments to and accept payments from third parties. You may use the Didalla Services on your mobile device, or, if you are an approved merchant, you may accept Didalla payments through your mobile application or website. Didalla is a licensed provider of money transfer services, and all money transmission is provided by Didalla’ licenses.

The Company has no responsibility for the actions of your transfer recipient or for the subject of the transfer. Didalla does not guarantee the identity of any user of Didalla Services or that a sender or a recipient can or will complete a transaction.

10.1. Eligibility, Account Registration, and User Information: Accuracy and Updates

To access the Services, you must create an account on the Didalla Platform (“Didalla Account”), including the creation of a Login ID and password and become a user (“User”).You agree to provide accurate, current, and complete information—such as your legal name, your company name if you are opening a business account, a physical mailing address and your P.O. Box (for businesses only), a personal and / or business cellular/wireless telephone number that you own, and a business email address, and an email address—as may be prompted during account registration, in connection with your use of the Services, or as otherwise requested by Didalla (“User Information”). You further represent that you are authorized to provide us with all User Information and other information you provide to us to facilitate your use of the Website and Services.Should you believe or have reason to believe that any of your User Information, including your Login ID and / or password, has been compromised, or that another person is or may be accessing your Didalla Account, you agree to change your password and notify us as soon as possible at Didalla.com/support or info@Didalla.com.

10.2. Types of Accounts:

We offer two different types of accounts, personal and business accounts.‍

Personal‍

You may have only one personal account. Personal accounts are for use in person-to-person transfers with friends and family, and other people whom you know. Personal accounts may also be used to make Authorized Merchant Payments as described in this Agreement. Some features of personal accounts may be limited based on how you wish to use Didalla’ Services, how much you need to send or spend and what we know about you. We may require that you provide more information in order to complete a transaction.Personal accounts may not be used to receive business, commercial or merchant transactions unless your occupation falls under the U.S. Department of Labor’s (“DOL”) definition of a Gig Worker (“Gig Worker”), (e.g., consultant, freelancer). When opening Business accounts, you are required to list your occupation as a Gig Worker, provide a description of your Gig position, and provide proof of your place of employment as a Gig Worker so that we may verify that your occupation falls under the U.S. DOL’s Gig Worker guidelines.  ‍

Business

‍For each business you are involved with, you may have only one business account. Business account use is limited. Business accounts must be applied for and explicitly authorized. By opening a business account and accepting the terms as outlined in this Agreement, including, but not limited to, the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement, including, but not limited to, if you are using a personal account for business purposes or a business account for personal, family or household purposes.‍

10.3. Identity Authentication‍

You hereby authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and / or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and / or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.

10.4. Transaction History‍

You have the right to receive an account statement. You may view your account statement by logging into your Didalla account.

10.5. Sending Money Limits‍

We may, at our discretion, impose limits on the amount of transactions you conduct through Didalla Services. Please see our FAQs for more details on limits. If we have authenticated your identity, we may increase your transaction limits. These limits may change from time to time at the Company's sole discretion. You may not send money to your own account. 

Default Funding Sources‍

Your Didalla balance consists of the funds you have in your Didalla account that are available for new transactions and are not subject to pending transactions. When you make a payment through Didalla Services, we first see if your Didalla balance can cover the transaction. You may also be able to fund payments with multiple Bank Account(s), designating one of these to be your primary funding source. We always use your Didalla balance first if the balance is sufficient to cover your payment. If there is not enough money available in your Didalla balance to cover the transaction, we will block the transaction from going through and you will receive an “Insufficient Balance” notice. If you do not want to use your balance, you can withdraw it at any time by Cashing Out to one of your linked Bank Account(s).

Funding Source Limitations‍

In order to manage risk, the Company may limit the funding sources available for your use to fund any particular transaction. For example, we may limit the number of times a Bank Account(s) can be used as a funding source for various Didalla Wallets (“Wallets”). Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.

Fees for Sending Money

Didalla reserves the right to charge a fee(s), indicated in the Fees Schedule, for any of its products or services.

Payment Investigation

‍Payment investigation is a process by which the Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, the Company will place a hold on the payment and may provide notice to the recipient. The Company will conduct a review and either clear or cancel the payment. If the payment is cleared, the Company will provide notice to the recipient. Otherwise, the Company will cancel the payment and the funds will be returned. The Company will provide notice to you by email and / or in the account history tab of your Didalla account if the payment is canceled. The Company also reserves the right to freeze or block accounts that we deem to have acquired funds illegitimately. Additionally, in the case you are unable to provide the original source of funds from your Bank Account(s) into Didalla, where investigations are on-going, the Company also reserves the right to freeze your account.‍

Risk of Reversals + Chargebacks + Claims

‍When you receive a payment, you are liable to the Company for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. You agree to allow the Company to recover any amounts due to the Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse the Company through other means. If the Company is unable to recover the funds from your primary funding source, the Company may attempt to contact you, the Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.‍

Account balances

‍13.1. Balance

You need to maintain a balance in your account in order to make payments. If you do hold a balance, the Company will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, the Company will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in the Company’s name. The Company is not a bank or other chartered depository institution. Funds held by the Company or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefits. 

13.2. Assignment of Interest to the Company

You agree that you will not receive interest or other earnings on the funds that the Company handles and places in pooled accounts. The Company does not typically receive interest on funds held for its users. However, in consideration for your use of the service, you irrevocably transfer and assign to the Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants the Company any ownership right to the principal of the funds you maintain with the Company.           

13.3. Negative Balances

If the balance in your account is negative for any reason, the Company may set off the negative balance by deducting amounts you owe the Company from money you receive into your account, or money you attempt to withdraw or send from your account. You agree to allow the Company to recover any amounts due to the Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse the Company through other means. If the Company is unable to recover the funds from your primary funding source, the Company may attempt to contact you, the Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.

13.4. Setoff of Past Due Amounts ‍

If you have a negative balance or other past due amount to the Company, the Company may make attempts on your funding source to cover the amounts. If the Company is unable to recover the funds from your primary funding source, the Company may attempt to contact you, the Company may recover the funds from your alternate funding sources, or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.

13.5. Refund Policy‍

In the event of a system malfunction ("bug") where the company later establishes that the customer benefited more than they rightfully own, the company has the sole discretion, based on its assessment, to debit the customers Didalla wallet for the excess funds and to use any means legally available to recover the monies back from the customer.

13.6. Security Interest‍

To secure your performance of this Agreement, you hereby grant to the Company a lien on and security interest in your account and agree to execute any further documentation to perfect these the Company rights.

Transferring funds out of Didalla accounts

‍14.1. Options

You may transfer funds to your linked Bank Account(s) using the standard transfer option. We don’t offer the ability to access funds via ATM or at retail locations.

14.2. Transfer Limits

We limit the amount you can transfer out of Didalla at a given time.  

14.3. Negative Balances

We review account and transaction activity at various times, including when you initiate a transfer of funds out of Didalla. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you have transacted comply with this Agreement. Reviews may result in:

1. delayed, blocked or cancelled transfers;
2. funds being held by Didalla;
3. funds being applied to a negative Didalla account balance or used to offset loss incurred by Didalla;
4. account suspension or termination;
5. funds being seized to comply with a court order, warrant or other legal process; and / or
6. funds you previously received being reversed (i.e., sent back to the sender’s Didalla balance.

In connection with our review process, you may be required to provide us with additional information and / or documentation to verify your identity. We may limit your account and your access to funds in it until verification is completed.

14.4. Fees

Didalla may charge a fee for transfers out of Didalla using the standard transfer option (i.e., transfers using your linked Bank Account(s). Please see our FAQs for more information on fees. Fees may change from time to time at our sole discretion.