Terms of Service

1. What Wallyo is, and what it is not

Wallyo is an organiser. It helps you keep track of gift cards and prepaid cards you already own: their numbers, balances, expiry dates, and the codes you scan at a register.

That is the whole of it. Specifically:

• We do not issue gift cards. We have no relationship with the merchants whose cards you store, and we are not their agent.
• We do not hold your money. Wallyo is not a bank, a payment processor, or a money transmitter. No value is stored with us. Nothing you record in the app moves funds.
• We are not a party to your card. Every card you store is governed by the terms of whoever issued it, including its expiry, fees, and where it can be spent. Those are between you and the issuer.
• We do not verify cards. We do not check that a card is valid, that it has the balance you recorded, or that it will be accepted anywhere.

If something goes wrong with a card itself, whether it is declined, expired, drained, or was never valid, that is a matter for the merchant who issued it. We can't resolve it and we have no ability to restore value.

2. Who can use Wallyo

You must be at least 13 years old. If you are under 18, you may use Wallyo only with a parent's or guardian's permission, and they accept these terms with you.

You may only store cards you own or are authorised to use. Storing card numbers you obtained without permission is a misuse of the service and we will close accounts we believe are doing it.

3. Your account

You are responsible for keeping your sign-in details and your device passcode secure. Nearly everything Wallyo protects rests on your device being locked, so treat your passcode as the real key.

Tell us at hello@wallyo.io if you think someone else has access to your account.

4. Your cards are on your phone, and that has consequences

This is the most important thing in these terms, so it gets its own section.

Your card numbers, PINs, and barcodes live in encrypted storage on your device. We do not have a copy. That is a deliberate design choice and it is the reason we can promise what we promise about privacy.

It also means:

• If you lose your phone, wipe it, or delete the app, your cards are gone. We cannot recover them, restore them, or tell you what they were. There is nothing on our side to recover from.
• Keeping a backup is your responsibility. Until we ship encrypted backup, treat your phone as the only copy, exactly as you would a physical card in a drawer.
• We are not responsible for the value of cards lost this way. We are sorry when it happens, and we cannot make it good.

If you are not comfortable with that trade, Wallyo may not be the right tool for you, and we would rather say so here than have you discover it later.

5. What we do not guarantee

Wallyo is a record-keeping tool, and the things it shows you are only as good as what went into it.

Balances. The balance shown is what you recorded, or what a retailer told you the last time you checked. It is not live, and we do not verify it. The merchant's own record is the only authoritative one. Check with the merchant before relying on a balance for anything that matters.

Generated barcodes. For cards you typed in or imported, Wallyo can build a barcode from the card number. Whether a given register accepts it depends on how that merchant encodes its own cards, and we cannot promise it will work. Where we can tell that a code would be unreliable, we decline to produce one rather than show you something that will be rejected. If a code fails at a till, the card number is still in the app. Read it to the cashier.

Scanning and imports. Reading a card by camera, extracting details from an email, or importing a spreadsheet all involve interpretation, and any of them can get a digit wrong. Check what was captured before you rely on it.

Reminders. Expiry and low-balance reminders are scheduled on your phone as a convenience, not a guarantee. Your operating system decides when notifications are delivered and may delay or suppress them. Do not rely on Wallyo as your only guard against a card expiring.

Availability. We do not promise the app or the website will be available without interruption, or that every feature will keep working. Wallyo is built to open and show your cards without a connection, which covers most of what you need it for.

6. Using Wallyo properly

Please do not:

• Store card details you do not own or have permission to use
• Use Wallyo to test, validate, or generate card numbers you do not hold
• Try to break, overload, or gain unauthorised access to our systems
• Reverse engineer the app, except where the law says you may
• Use the app to break any law, or to help anyone else do so
• Resell or redistribute the app or offer it as a service to others

We may suspend or close an account that we reasonably believe is doing any of these.

7. Merchants, retailer websites, and Wallet

Balance checks. When you check a balance, Wallyo may open the merchant's own page in your browser or dial the number on the card. At that point you are dealing with the merchant directly, under their terms. We are not part of it and are not responsible for what happens there.

Apple Wallet and Google Wallet. If you add a card to Apple Wallet or Google Wallet, that pass is then held by Apple or Google under their terms and their privacy policies. Section 7 of our Privacy Policy explains what that means for your card details. It is your choice, card by card.

Links. Where the app or site links elsewhere, we are not responsible for what is on the other end.

8. Our rights in the app

Wallyo, including the app, the website, the name, the logo, the design, and the software, belongs to us and is protected by copyright and trade mark law. These terms do not transfer any of it to you.

We give you a personal, limited, non-exclusive, non-transferable, revocable licence to use Wallyo on devices you own or control, for your own personal use.

What you put into Wallyo stays yours. Your cards, balances, notes, and photographs are your content. We claim no ownership of it, and we could not use it in any case, because it never reaches us.

9. Cost

Wallyo is currently free to use.

If we introduce paid features, we will tell you what they cost before you buy anything, and we will not start charging for something you already have without telling you first.

10. Changes

To the app. We will keep changing Wallyo, adding things, improving things, and sometimes removing things that are not working. We may stop offering the app altogether, in which case we will give reasonable notice so you can get your cards out.

To these terms. We may update these terms. If a change is material we will update the date at the top and tell you in the app before it takes effect. If you keep using Wallyo after that, you accept the new terms. If you do not accept them, stop using the app and delete your account.

11. Ending it

You can stop at any time: delete the app, and email us to close your account. Deleting your account does not delete your cards. They are on your phone. See our Privacy Policy.

We may suspend or close your account if you break these terms, or if we have to for legal or security reasons. Unless the law prevents it, we will tell you why.

Sections 1, 4, 5, 8, 12, 13, 14, and 15 survive the end of this agreement.

12. Disclaimers

Wallyo is provided "as is" and "as available", without warranties of any kind, whether express or implied. To the fullest extent the law allows, we disclaim the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the app will be uninterrupted, error-free, or secure against every threat, that the information it shows is accurate, or that any card, barcode, or balance will be accepted or honoured by any merchant.

Some states do not allow the exclusion of certain implied warranties, so parts of this section may not apply to you.

13. Limits on our liability

To the fullest extent the law allows:

• We are not liable for the value of gift cards or prepaid cards, however that value is lost, including a lost, stolen, wiped, or broken phone, a deleted app, a card that expired, a barcode a merchant would not accept, a balance that turned out to be wrong, or a card that was never valid.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill.
• Our total liability for any claim relating to Wallyo is limited to the greater of the amount you paid us in the twelve months before the claim, or one hundred US dollars ($100).

Nothing here limits liability that cannot be limited by law, including for fraud, or for death or personal injury caused by negligence. Some states do not allow some of these limits, so parts of this section may not apply to you.

These limits reflect a genuine allocation of risk: Wallyo is free, and we deliberately hold no copy of your cards, so we are not in a position to insure their value.

14. Your responsibility to us

If someone brings a claim against us because of how you used Wallyo, in particular because you stored card details you had no right to, you agree to cover the reasonable costs and damages that result. We will tell you promptly if that happens and give you the chance to handle it.

15. Governing law, disputes, and arbitration

15.1 Governing law

These terms are governed by the laws of the State of Arizona, without regard to its conflict of laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this section 15.

15.2 Talk to us first

Before either of us starts an arbitration, email hello@wallyo.io describing the problem and what you would like us to do about it, and give us 30 days to sort it out.

Most things get resolved here, and it is faster and cheaper for both of us. This step is required before either of us begins a formal proceeding.

15.3 Agreement to arbitrate

If we cannot resolve it informally, you and we agree that any dispute arising out of or relating to Wallyo or these terms will be resolved by binding individual arbitration, not in court and not before a jury.

This applies to claims based on contract, warranty, statute, tort, or anything else, and it applies to claims that arose before you accepted these terms as well as claims arising after your account ends.

15.4 What stays out of arbitration

• Small claims. Either of us may bring a qualifying claim in small claims court instead.
• Intellectual property. Either of us may ask a court for an injunction to protect intellectual property rights.

Nothing in this section stops you from reporting an issue to a government agency, or, if you live in California, from seeking public injunctive relief in court.

15.5 How arbitration works

Arbitration is run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org. The arbitrator's decision is final and can be entered as a judgment in any court.

• You choose the format. The arbitration may take place in the county where you live, by telephone, by video, or on written submissions alone.
• We pay the fees. For any claim of $10,000 or less, we will pay the AAA filing, administration, and arbitrator fees beyond the consumer filing fee set by AAA's rules, unless the arbitrator decides the claim was frivolous.
• Each of us pays our own legal costs, unless a statute lets the arbitrator order otherwise.
• The arbitrator can award you the same individual relief a court could, including damages and, where the law provides for them, costs and fees.

15.6 No class actions

Arbitration will be individual. You and we each agree not to bring, join, or take part in a class action, collective action, or representative action, and the arbitrator may not consolidate anyone else's claims or preside over any form of class proceeding.

If this 15.6 is held unenforceable as to a particular claim or a particular request for relief, that claim or request will proceed in court and the rest will stay in arbitration. If 15.6 is held unenforceable in its entirety, then all of section 15 other than 15.1, 15.2, 15.4, and 15.8 does not apply.

15.7 How to opt out

You can opt out of arbitration, and we would rather you knew that than not.

Email hello@wallyo.io within 30 days of first accepting these terms, giving your name and the email address on your account, and saying that you are opting out of arbitration. That is all it takes.

Opting out is free, takes effect immediately, and changes nothing else. It does not affect your use of Wallyo and we will not treat you differently for it. If you opt out, disputes go to the courts described in 15.8.

15.8 If arbitration does not apply

Where a dispute is not subject to arbitration, whether because you opted out, because it falls under 15.4, or because 15.6 makes this section inapplicable, it will be brought in the state or federal courts located in Arizona, and we each agree to those courts having personal jurisdiction and venue.

15.9 Changes to this section

If we change section 15 in future, the change will not apply to any dispute we already had notice of. You may reject a change to this section by emailing us within 30 days of it taking effect, in which case the most recent version you accepted continues to govern disputes between us.

16. If you are using Wallyo on an Apple device

Apple requires us to tell you the following, and it is accurate:

• These terms are between you and us, not between you and Apple. Apple is not responsible for Wallyo or its contents.
• Apple has no obligation to provide support for Wallyo. Support requests go to hello@wallyo.io.
• If Wallyo fails to conform to any applicable warranty, you may tell Apple, and Apple will refund the purchase price if there was one. Beyond that, Apple has no warranty obligation for Wallyo, and any other claims relating to it are our responsibility.
• Apple is not responsible for handling claims that Wallyo or your use of it infringes someone's intellectual property, breaks the law, or gives rise to a product liability or consumer protection claim. Those are ours.
• You confirm you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and that you are not on any US Government prohibited-parties list.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

17. The rest

These terms are the whole agreement between you and us about Wallyo, together with our Privacy Policy.

If a court finds part of these terms unenforceable, the rest stays in force.

If we do not enforce something straight away, we have not given up the right to enforce it later.

You may not transfer these terms to anyone else. We may transfer them if our business is sold or reorganised, and your rights will not be reduced by that.

18. Contact

hello@wallyo.io

Pivot Innovation, LLC