Monkiri inc. Application Beta Tester Terms of Use

 

These beta tester Terms of Use (the “Beta Tester Agreement”) are pursuant and subject to the Monkiri inc.’s website terms and conditions (the “Website Terms of Use”) and is made as of August 4, 2019 (the “Effective Date”) between Monkiri inc., a corporation incorporated in British Columbia, Canada with a registered office address of 123 Cambie Street, Vancouver, British Columbia, Canada (the “Company”) and Signee, (the “Beta User”, and together with Monkiri inc., each individually a “Party” and collectively, the “Parties”).

 

RECITALS

The Company wishes to provide the beta features of the Monkiri Application (the "Software") to the Beta User for the purposes of testing and feedback.

The Beta User wishes to access the beta features of the Software and use such beta features for the Beta User’s benefit, for which the Company shall receive, under this agreement, the purchase price.

In consideration of the mutual covenants contained herein the Company and the Beta User hereby covenant and agree as follows:

Term. This agreement is effective on the date the Beta User first accesses the Software and shall continue until the termination of this contract by the Company or the Beta User in accordance with the termination provision (the “Beta Tester Agreement Term”).

Refund Policy. The Monkiri application is a free download and does not have any in app purchases. Monkiri will not make any refunds related to or caused by Monkiri. The Company shall not liable for any delay, failure, or any other claim arising out of the Beta User’s use of the Software.

Liability. Monkiri is not liable for any third-party purchases that the beta user may purchase as result of using the Monkiri Application. When the beta-user purchases a financial product from one of the financial service providers listed on the Monkiri Application, Monkiri inc. is not liable for any outcomes that may arise from that purchase.

Features. The specific beta features of the Software that the Beta User will have access to under this agreement are set out below (the “Beta Features”), and include:

·       Financial literacy content, lessons, videos, tests, and other related materials

·       Financial tools

·       Access to financial service providers

·       Challenges and competitions

·       Incentive programs

Termination. This agreement is effective on the date that the Signee accesses the Monkiri Application and will continue to apply until the relationship between the Signee and Monkiri inc. is terminated. The Signee may terminate this agreement at any time. Monkiri inc. may terminate this agreement under the following circumstances:

if the Company receives any notice of the Beta User’s misuse of the Software; or

if the Beta User has not adhered to any or all the provisions of this agreement (e.g. falsified any of the data they have provided or if it appears that the Beta User does not intend to or is unable to comply with this agreement, such determination to be made solely at the Company’s discretion;

if provision of the Software is no longer commercially viable for the Company. Upon termination of this agreement, the Company will immediately revoke the Beta User’s license to use the Software and block all access to the Beta User’s account and, at the Company’s sole discretion, the Company may delete all data and information associated with the Beta User’s account. If the Beta User does not log into its account for 12 or more months, the Company may treat the Beta User’s account as “inactive” and may permanently delete the account.

if the Company has changed its website terms of use and has not received the Beta User’s required consent;

if required to terminate the relationship by law;

Non-competition and Non-solicitation. The Beta User agrees to adhere to the non-competition and non-solicitation provisions in the Website Terms of Use.

Intellectual Property Rights. The Beta User acknowledges and understands that the Company or the entity from which such content originated owns all right, title and interest in: (a) the Software; data files; and (b) all e-mails; computer software; advertisements; sponsored content, trade-marks, copyrighted material and other intellectual property rights; (all such information, individually and collectively, being the “Company Content”), which the Beta User may have access to when using the Software. The Company Content is protected by the Company intellectual property rights or the rights of the entities who have provide to the Company such Company Content. By providing information or documentation to the Company, either through (a) registration or use of the Software, or (b) by posting information on the Company’s website or any affiliated social media, including reviews and feedback written by the Beta User (“Beta User Content”), the Beta User grants the Company a perpetual, irrevocable, royalty-free, worldwide and non-exclusive license to reproduce, modify, adapt, translate, incorporate into advertisements and other works, create derivative works, publish, distribute or make Beta User Content available to other companies, organizations, individuals, and beta users. Such license will continue even after the Beta User stops using the Software, and although the Beta User may have deleted the subscriber content such that the Company no longer has access to it.

Approval of Terms. By using the Software the Beta User agrees to the terms and conditions of this agreement. By accessing the Software, the Beta User represents, warrants and signifies that the Beta User has:

(a) the required capacity to enter into a binding contract;

(b) read, understood and agreed to be bound by this agreement as may be amended from time to time;

(c) has read and understood the Website Terms of Use, which can be accessed at https://www.monkiri.co

Precedence. In the event of a conflict between this agreement and the Company’s website terms of use, the terms and conditions found herein shall prevail.

Amendments. This agreement may only be modified by the Parties in writing.

No Waiver. The Beta User agrees that if the Company does not exercise or enforce any legal right or remedy which is contained in this agreement or which the Company has the benefit of under any applicable law, this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company. Waivers must be in written form and signed by an authorized representative of the the Company.

Severability. If any portion of this agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this agreement that is unlawful, void or unenforceable shall be stricken from this agreement.

Assignment. The Beta User may not, without the Company’s prior written consent, assign the agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the agreement and will be void. The Company may assign this agreement to a third party at any time at the Company’s sole discretion. The agreement will be binding upon and will inure to the benefit of the Parties hereto, their respective successors in interest, legal representatives, heirs and assigns.

Agreement. By clicking submit to the google form, the signee agrees to the terms and conditions laid out above.