My Treasure App Terms of Use Agreement

My Treasure is a service of Classyright Business Consultancy (Classyright), a Zimbabwe based company. My Treasure helps couples, individuals, and businesses to manage their budgets, incomes, and expenditures.

By accessing or using My Treasure, located at www.classyright.com, or the My Treasure application, or any successor websites and applications, including any and all international or mobile versions thereof (the “Services”), or by otherwise accessing any portion of My Treasure programs, you (“you”) agree to be bound by this Terms of Use Agreement (this “Agreement”) and any agreements, policies, and other documents incorporated by reference herein.

In addition, if you wish to become a registered user of the Services (“User”), please read this Terms of Use Agreement and indicate your acceptance by clicking the I agree checkbox on My Treasure’s Registration Form.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Terms of Use at any time without further notice. If we do this, we will post the changes to this Terms of Use at www.classyright.com/terms-of-use and will indicate at the top of that page the date these terms were last revised. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to this or any future Terms of Use, you may not use or access (or continue to use or access) the Services.

It is your responsibility to regularly check the Services to determine if there have been changes to this Terms of Use and to review such changes.

1. TERM

This Agreement will remain in full force and effect while you use the Services. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Services by anyone under eighteen (18) is unauthorized, unlicensed, and in violation of these Terms of Use.

2. REGISTRATION DATA, ACCOUNT SECURITY

You agree to (a) provide accurate, current, and complete information on any registration forms on the Services (“Registration Form”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Form, and any other information you provide to us, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You consent to receiving communications and notices from Classyright at the email address you provide in your Registration Form or otherwise elect in your account settings.

3. NON-COMMERCIAL USE

The Services are for the use by Users in their individual capacities as My Treasure Users only, may not be used in connection with any commercial or other endeavors, and may not be duplicated, resold, or assigned by you. Illegal and/or unauthorized uses by you of the Services, including collecting user names and/or email addresses of Users by electronic or other means for any reason, including, but not limited to, the purpose of sending unsolicited emails and unauthorized framing of or linking to the Services is a violation of this Agreement, and appropriate legal action may be taken.

4. PROPRIETARY RIGHTS IN THE SERVICES, LIMITED LICENSE

All content on the Services and their selection and arrangement, but excluding User Content (the “Services Content”), are the exclusive property of Classyright or its licensors, with all rights reserved. No Services Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.

5. TRADEMARKS

The “My Treasure” logo and other My Treasure graphics, logos, designs, page headers, button icons, scripts, and service names are our trademarks or trade dress in Zimbabwe and/or other countries. Our trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

6. USER CONTENT POSTED ON THE SERVICES

Your account, transaction, and other information that you may from time to time provide to the Services (collectively, “User Content”) belong to you and will be used solely to provide the Services to you in ways consistent with this Agreement. You retain copyright and any other rights you already hold in the User Content.

7. PRIVACY

Use of the Services is also governed by our Privacy Policy.

8. SUBSCRIPTIONS

Classyright charges a subscription fee (“Subscription Fee”) for the duration of your use of the Services. In this document, “Period” refers to the subscription interval for which a Subscription Fee is charged and Services are provided. A single Period can be one month or twelve (12) months depending on amount of the Subscription Fee.

You must provide Classyright or its affiliates or partners with a valid credit card or debit card number with available credit or funds to pay the Subscription Fee. You authorize Classyright or its affiliates or partners to make all charges described in this Agreement to your account. If the payment of your Subscription Fee fails for any reason, your account may be suspended until you provide Classyright with valid credit card information and the Subscription Fee is paid.

The Subscription Fee for each of the Services is dependent on the Service. Classyright reserves the right, at any time, to modify its Subscription Fee and billing methods. Current Subscription Fees are posted within your Classyright account on the “Subscriptions” page.

Subscription Fees may be charged to your account in advance on a periodic basis. The Subscription Fee is non-refundable. There will be no refunds or credits for partial Periods of Service or for Periods unused with an open account. You are responsible for payment of all taxes, levies or duties imposed by taxing authorities on your Subscription Fee.

9. SUBSCRIPTIONS TERMS AND TERMINATION

All Services are made available on a periodic basis through the Classyright website, the Apple App Store, and Google Play Store. Periodic subscriptions will be automatically renewed by Classyright unless you disable a Service or disable automatic renewal.

You may disable any Service at any time by accessing the Subscription page in your account and following the instructions for disabling a Service. Disabling of any Service will take effect after any existing paid Periods expire. When you disable a Service, no charges for the Service will appear in your Subscription Fee for the next billing cycle. Requests to disable any Service or cancel your account must be processed before 6pm Central African Time (CAT) three days before your monthly billing cycle in order to avoid a subsequent charge for your Subscription Fee. Disabling any Service may cause the loss of content, features or capacity of your account. Canceling your account will not cause the immediate loss of all Content, features and capacity of your account, however Classyright is not able to provide assurance of continued maintenance of your content in that period. Please note on all plans your content is maintained on our servers for a maximum of twelve (12) months for unpaid accounts. During this period if you decide to reactivate your account there will be zero loss of content However after that Classyright does not accept any liability for loss of content for inactive accounts.. Classyright, in its sole discretion, may immediately terminate this Agreement, your account and all current or future use of the Services, for any reason at any time. Termination of your account includes removal of your access to all Services, and the forfeiture and relinquishment of all User Content in your account. Classyright reserves the right to refuse services to anyone for any reason at any time.

10.INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

When we receive proper notification of alleged copyright infringement, we will investigate and may remove or disable access to the allegedly infringing material and may terminate, in our sole discretion, the accounts of repeat infringers in accordance with the appropriate Act and other applicable law. We may also, at our sole discretion, limit access to the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the Services infringes upon any copyright which you own or control, you may contact us. Classyright will assess the material and may remove the material from public viewing.

11.THIRD PARTY SERVICES, WEBSITES, AND CONTENT

Use of the Services may require Internet access. User agrees to accept any additional terms of service of any third party service required to access the Services. The Services contain or may contain in the future (or you may be sent through the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, items and other content belonging to or originating from third parties (the “Third Party Components”). Such Third Party Sites and Third Party Components are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the acts or omissions of any Third Party Sites or Third Party Components. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Components, you do so at your own risk and our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services to which you navigate from the Services or relating to any Third-Party Components.

12.VIRAL DISTRIBUTION WIDGETS

In order to promote the Services, we may supply widgets that allow you to incorporate your content in Third Party Sites. If you choose to use such widgets, you give us permission to export to Third Party Sites some features of your profile. Such features that may be exported to Third Party Sites include, but are not limited to, your name and picture. Widgets we supply will clearly indicate what information they will export to Third Party Sites.

13. DISCLAIMER OF WARRANTIES

Your use of the services is at your sole risk. the services are provided on an “as is” and “as available” basis. Classyright and its subsidiaries, affiliates, officers, employees, agents, partners, licensers and users expressly disclaim to you all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Classyright and its subsidiaries, affiliates, officers, employees, agents, partners, licensers and users make no warranty to you (i) that the services will meet your requirements; (ii) that the services will be uninterrupted, timely, secure or error-free; (iii) that the results that may be obtained from the use of the services will be accurate, reliable or generate benefit (including without limitation economic benefit) to you; and (iv) regarding the quality of any products, services, information or other material purchased or obtained by you through the website. Any material or information downloaded, otherwise obtained or used through the use of the services is made available at your own risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download or use of any such material or information. No advice or information, whether oral or written, obtained by you from Classyright or through or from the services shall create any warranty and are provided “as is” and without warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. In addition, for avoidance of doubt, Apple or Google shall have no warranty obligations whatsoever with respect to the services or any data accessed therewith and shall have no responsibility for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranties.

14. LIMITATION ON LIABILITY

You expressly understand and agree that Classyright and its subsidiaries, affiliates, officers, employees, agents, partners, licensers and users shall not be liable to you for any direct, punitive, indirect, incidental, special, consequential or exemplary damages, costs, losses or expenses, including, but not limited to, the cost of procurement of substitute goods and services, damages for loss of profits, goodwill, use, data or other intangible losses (even if Classyright has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) unauthorized access to or alteration of your transmissions or data; (c) any other matter relating to the services. In no event shall the aggregate liability of Classyright arising out of or relating to the use of or inability to use the services, exceed the equivalent of one (1) period of subscription fees actually paid by you.

15. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 13 and 14 may not apply to you to the extent so prohibited by law.

16. DISPUTES

If there is any dispute about or involving the Services, you agree that the dispute will be governed by the laws of Zimbabwe without regard to its conflict of law provisions and will be resolved in a court located in Harare, Zimbabwe. You agree to personal jurisdiction by and venue in Harare and courts of Zimbabwe.

17. INDEMNITY

You agree to indemnify and hold Classyright, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your use of the Services, any User Content you post on or through the Services and/or arising from a breach of this Agreement. You and Classyright acknowledge that in the event of any third party claim that the Services or your possession and use of such Services infringes that third party’s intellectual property rights, Classyright, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, and solely to the extent Classyright has such responsibilities.

You agree to indemnify and hold Classyright, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your use of the Services, any User Content you post on or through the Services and/or arising from a breach of this Agreement. You and Classyright acknowledge that in the event of any third party claim that the Services or your possession and use of such Services infringes that third party’s intellectual property rights, Classyright, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, and solely to the extent Classyright has such responsibilities.

CLASSYRIGHT BUSINESS CONSULTANCY ASSIGNMENT

Classyright may assign any of its rights or obligations under this Agreement to (a) any subsidiary or affiliated legal entity; (b) any entity that acquires all or substantially all of the assets of Classyright; or (c) any entity that acquires all or substantially all of Classyright’s interest in the Services and/or related assets from Classyright. You acknowledge and agree that in the event such a transaction occurs, these entities will be entitled to provide the Services to you in accordance with this Agreement and the Classyright privacy policy.

19. OTHER

This Agreement (together with any agreements, policies or other documents incorporated by reference herein), accepted upon use of the Services and further affirmed by becoming a registered User, contains the entire agreement between you and Classyright regarding the use of the Services and/or the programs offered by Classyright. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use will continue in full force and effect. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are in the English language only, which language will be controlling in all respects, and all versions hereof in any other language will not be binding on the parties hereto. All communications and notices to be made or given pursuant to these Terms of Use will be in the English language. Paragraphs 5, 13, 14, 15, 16, 17 and 18 will survive termination of this Agreement.

ADDITIONAL TERMS FOR USERS OF MY TREASURE ON IOS

By downloading a version of My Treasure built for Apple’s iOS (the “Licensed Application”), you additionally agree to the following terms: Your licence to the Licensed Application is a non-transferable license to use the Licenced Application on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. In the event of any failure of the service to conform to any applicable warranty, you may notify Apple, who may refund any relevant payment made for the Service. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of Classyright, governed by the terms set forth in Paragraphs 1 through 19 of this Agreement.

Contact Information

Any questions, complaints or claims with respect to the Services can be directed to:

Classyright Business Consultancy (Pvt) Ltd

Harare

Zimbabwe

email: support@classyright.com

Cell: +263 733 837 443 / 0717 115 000