VISAERO, INC.

MOBILE APP TERMS OF USE

This mobile application is owned and operated by Visaero, Inc. Visaero and its subsidiaries and affiliates (“Visaero,” “we,” “our,” or “us”) provide an app-based system for secured and automated visa application filings that allow you to be positively identified via your biometrics, apply for visas in various countries and make purchases through your biometrics (collectively, the foregoing described services and technology, the “Mobile App”).

  1. DESCRIPTION OF THE MOBILE APP.
  2. The Mobile App is an [Android and Apple iOS] compatible software application provided by Visaero that facilitates your use of the functions and services that we provide through the Mobile App (referred herein as the “Service(s).” To use the Mobile App, you must use and register a mobile device that is compatible with the Mobile App.

    These terms of use govern your use of the Mobile App and the Service only. The Mobile App and Service are provided by Visaero and is available to only to members of Visaero who register a mobile device owned or controlled by them, for access to and use of the Services through the Mobile App, subject to the [Membership Terms]. The Service is dependent on the availability of cellular service and Internet connectivity that you must obtain.

    In order to register for the Services, you will be asked to provide your full legal name, phone number, and at least one form of identification, such as social security number and/or passport number. The Mobile App will correlate your mobile device number to your account.

  3. LICENSE AND OWNERSHIP.

    Subject to the terms and conditions set forth herein, upon downloading the Mobile App till termination (as described below), Visaero grants you a personal, non-exclusive, non-transferable, revocable, limited license to install and use a compiled code copy of the Mobile App for one account on a mobile device owned or leased solely by you, for your personal use (and not for any service bureau, rental or other customer-facing purpose) in connection with the Services by registering such mobile device with us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Visaero account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge that Visaero may from time to time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of any Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree to timely upgrade the Mobile Application in the event there is no automatic update. You further agree that these Terms of Use will apply to all upgrades to the Mobile Applications. The foregoing license grant is not a sale of the Mobile App or any copy thereof, and Visaero retains all right, title, and interest in the Mobile App (and any copy thereof), including all related intellectual property rights. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms of Use, is void. Visaero reserves all rights not expressly granted under these Terms of Use with respect to the Mobile App and otherwise.

    You may not (i) rent, lease, lend, sell, redistribute or sublicense the Mobile App or the Services, or any component thereof, (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), (ii) use any components of any Mobile App separate and apart from the Mobile App, (iv) use any Mobile App to provide public or other services like SaaS, cloud services, or business process outsourcing, or (v) copy, sell, or distribute any documentation provided with or relating to the Mobile App. These terms of use will govern any upgrades provided by Visaero that replace and/or supplement the original Mobile App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

    Except for Your Content (as defined below), all content on the Mobile App (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, the look and feel, as well as the selection and arrangement thereof, trademarks, logos and service marks) are the exclusive property of and owned by Visaero and is subject to protection under patent, copyright, trademark and other applicable laws. The Mobile App and all of its content (except Your Content), including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

    Unless indicated to the contrary, you may not access, copy, download or print the materials contained on the Mobile App for any reason, and you may not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you access, copy, download or print. Any other use of content on the Mobile App, including but not limited to (1) the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the Mobile App, or (2) use of such items for purposes competitive to Visaero, for any commercial purposes or otherwise in connection with offering any third party products or services not authorized or approved by Visaero, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Mobile App as they may be updated from time to time. Visaero reserves the right to refuse or cancel any person’s registration for the Services, if any, remove any person from the Mobile App and prohibit any person from using the Mobile App or any Service for any reason whatsoever. Visaero, its affiliates or licensors, retain full and complete title to the Mobile App (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), and all associated intellectual property rights. Visaero neither warrants nor represents that your use of the Mobile App will not infringe rights of third parties not affiliated with Visaero.

    You or third parties acting on your behalf are not allowed to utilize any Mobile App content in any meta tags or any other “hidden text” techniques or technologies without Visaero’s express written consent. You will not scrape any data or other content from the Mobile App and will not otherwise engage in any data mining, robots or similar data gathering or extraction methods. If you are blocked by Visaero from accessing the Mobile App (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

    You may not use our contact information provided on the Mobile App for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Mobile App or to surreptitiously intercept any system, data or personal information from the Mobile App. You agree not to interrupt or attempt to interrupt the operation of the Mobile App in any way. Visaero reserves the right, in its sole discretion, to limit or terminate your access to or use of the Mobile App at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Visaero may be entitled, at law or in equity.

  4. PRIVACY AND CONFIDENTIALITY.

    All personally identifiable information we collect through or in connection with the Sites is subject to our Privacy Policy located at [insert link] (the “Privacy Policy”). By submitting, uploading, publishing, displaying or otherwise providing Your Content to Visaero through the Mobile App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  5. YOUR CONTENT.

    You acknowledge that you are responsible for any content, biometrics, personal or other information, data, photos, videos, audio or video recordings, graphics, messages or other materials that may be submitted or uploaded via the Mobile App on your registered device (“Your Content”), including the legality, reliability, appropriateness, and validity of any such materials. You may not upload to the Mobile App, or otherwise use, any of Your Content that: (1) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity; rights, infringing on intellectual property rights, abusive, illegal, promotes illegal activity or unlawful violence, sexually explicit, indecently depicts a minor, or otherwise objectionable or discriminatory based on race, gender, color, religious belief, sexual orientation or disability; (2) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (3) may contain software viruses, malware, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any of Your Content. You may not generate transactions that are intended not to complete or attempt to spoof any part of the Mobile App. You may not upload commercial content onto the Mobile App.

    You represent and warrant that you own or otherwise control all the rights to Your Content; that Your Content is accurate; that use of Your Content by Visaero does not violate any provision herein and will not cause injury to any person or entity.

    Unless we indicate otherwise, you hereby grant Visaero an unrestricted, nonexclusive, royalty-free, fully paid up, irrevocable and [sublicensable and transferable] right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display Your Content in connection with (a) making available the Mobile App and the Services to you, and performing the Services, (b) Visaero’s internal business purposes and (b) creating, disclosing and otherwise using for any purposes aggregated and/or anonymized data.

    Registration and sign-in is required to access the features and Services on the Mobile App. By registering at, and in consideration of your use of, the Mobile App you agree to provide true, accurate, current and complete information about yourself and the visa applicants on behalf of whom you submit any information. If you are under 18 years of age, you are not authorized to use the Mobile App, with or without registering.

  6. TERMINATION.

    The Service, and your license to use the Mobile App, is effective until terminated by Visaero at any time or by [you by de-registering the device through the Mobile App]. [These Terms of Use, and your obligations and restrictions hereunder, will continue to apply after termination to the extent that you retain the Mobile App on your device or attempt to use the Service, however, Visaero will be under no obligation to provide you any Services or access to the Mobile App.] Your rights under these Terms of Use will terminate automatically without notice from Visaero if you fail to comply with any term(s) of these Terms of Use. Upon termination, you shall cease all use of the Mobile App and Service.

    Visaero reserves the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will we be liable for the removal of the Mobile App.

  7. CELLULAR COMMUNICATIONS AND INTERNET ACCESS.

    Use of the Services requires an internet connection and may result in charges from your cellular service provider. We are not responsible for any such charges. YOU ARE REPONSIBLE TO OBTAIN CELLULAR AND INTERNET SERVICE NECESSARY TO USE THE MOBILE APP AND SERVICE. VISAERO DOES NOT WARRANT OR GUARANTEE THAT COMMUNICATION FUNCTIONALITY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE. VISAERO IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.

  8. THIRD PARTY CONTENT.

    [The Service may display, include or make available content, data, information, applications or materials from third parties (“Third Party Content”), for example, [●]. Visaero is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, route practicability or efficiency or any other aspect of such Third Party Content. Any Third Party Content contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not will not use such proprietary content, information or materials in any way whatsoever except to use of the Mobile App and Services for their intended purposes.]

  9. LINKS.

    [The Service may contain links to third party services (“Third Party Services”). Visaero does not have any liability or responsibility to you or any other person for Third Party Services. Visaero has no responsibility or control over the terms of use or privacy practices of Third Party Services. You are advised to read the terms of use and privacy notice of any third party services, products, applications or websites to which you connect when using the Mobile App.

  10. DISCLAIMERS; NO WARRANTY

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MOBILE APP AND SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE RISK THAT THE MOBILE APP MAY NOT FUNCTION WITH SATISFACTORY QUALITY, PERFORMANCE, OR ACCURACY. THE MOBILE APP AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VISAERO, AND ITS LICENSEOR AND SUPPLERS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOBILE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VISAERO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE APP, OR PROVIDED BY THE SERVICE, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MOBILE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBILE APP OR SERVICES WILL BE CORRECTED OR THAT THE MOBILE APP WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VISAERO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT FULLY APPLY TO YOU.

    FURTHERMORE, USING OUR SERVICE DOES NOT GUARANTEE A VISA. VISAERO DOES NOT WARRANT THE ACCURACY OF YOUR CONTENT, OR THE VALIDITY, SUFFICIENCY OR COMPLETENESS OF YOUR VISA APPLICATION FOR THE PURPOSE OF OBTAINING A VISA. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND VISA APPLICATIONS SUBMITTED BY YOU.

  11. INDEMNIFICATION AND RELEASE.

    You agree to indemnify and hold harmless Visaero, its affiliates, and their respective employees, owners, directors, officers, contractors, successors, customers and licensors (“Visaero Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the members of the Visaero Group, and shall defend the Visaero Group against (1) all claims that any information, data or other materials provided to us by you, or use thereof by any member of the Visaero Group, infringes, misappropriates or otherwise violates any intellectual property right of a third party; (2) all claims arising from fraud committed by, or the intentional misconduct or gross negligence of yourself or any family members; and (3) all claims otherwise arising due to a failure to comply or breach by you of these Terms of Use. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

  12. LIMITATION OF LIABILITY.

    TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VISAERO GROUP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE APP OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of [the lower amount of (i) fifty dollars ($50.00), or (ii) the amount paid in consideration for the Services]. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  13. EXPORT

    You may not use or otherwise export or re-export the Mobile App except as authorized by United States law and the laws of the jurisdiction in which the Mobile App was obtained. In particular, but without limitation, the Mobile App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

    Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Mobile App and Services, including as it concerns online conduct, privacy and acceptable content.

  14. GENERAL

    You may not assign these Terms of Use through operation of law or otherwise. These Terms of Use will be governed by the laws of the [State of Delaware] without regard to its conflict of law provisions. The failure of Visaero to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the validity of such terms in other jurisdictions shall not be affected and the provisions of these Terms of Use ahll remain in full force and effect in other jurisdictions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Mobile App to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us as set forth below.

  15. CANCELLATION AND REFUND POLICY
  16. Please note that the terms and conditions for cancellation of bookings and purchases will vary for each product and service. Please therefore check with our Customer Care Team at care@visaero.com

    Cancellation, at your request, may not be allowed or may require a minimum processing time of varying periods, subject to the specific terms and conditions applicable to the type of product or service purchased. Cancellation may be subject to cancellation fees which you agree to bear in full.

    You agree to bear the full cost of any booking, cancellation and administration fees for any products or services booked but not utilized for any reason. In some cases, the Operator may charge cancellation and/or amendment fees in addition to those imposed by service providers.

    Refund for a PCR appointment once payment is made would be done only on request of the lab administrator. Refund in such cases will be subject to cancellation fees which you bear to agree in full. Please note that the refund process may take 20 working days from the date of appointment cancellation.

Article I. CONTACT INFORMATION.

Contact us at care@visaero.com if you have any concern or questions about these Terms of Use.

We may amend our Terms of Use at any time. You should review the Legal Notices and Privacy Policy button on the Mobile App periodically for such changes as we do not separately notify you of any changes.