Uplift Studios LLC Terms and Conditions

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THESE TERMS IF YOU HAVE CREATED OR USED A Uplift Studios LLC SERVICE OR HAVE CLICKED AN “I ACCEPT” BUTTON WITH RESPECT TO THE USE OF Uplift Studios LLC SERVICES.

THESE TERMS AND CONDITIONS ARE BETWEEN YOU (THE USER) AND Uplift Studios LLC,

Uplift Studios LLC IS A TECHNICAL SERVICE PROVIDER AND PROVIDES TECHNICAL SUPPORT AND SERVICES TO Uplift Studios LLC. FOR THE AVOIDANCE OF DOUBT, NOMAD CTS IS NOT REGISTERED OR AUTHORIZED BY ANY GOVERNMENTAL AGENCY TO PROVIDE MONEY SERVICES, AND NOMAD CTS DOES NOT AT ANY TIME ENTER INTO THE POSSESSION OF FUNDS TRANSFERRED THROUGH THE Uplift Studios LLC SERVICE AND PROVIDES ONLY TECHNICAL SERVICES AND NOT ANY PAYMENT SERVICE.

THE Uplift Studios LLC WALLET IS INTEGRATED WITH ACCOUNTS PROVIDED BY VARIOUS SERVICE PROVIDERS. YOU ACKNOWLEDGE THAT YOU UNDERSTAND YOU WILL ALSO BE SUBJECT TO THE TERMS AND CONDITIONS OF THE LINKED SERVICE PROVIDERS.

PLEASE NOTE THE FOLLOWING RISKS OF USING THE Uplift Studios LLC SERVICES, WHICH ARE SET FORTH IN MORE DETAIL IN THE RELEVANT SECTIONS OF THESE TERMS AND CONDITIONS: Uplift Studios LLC MAY CLOSE, SUSPEND, OR LIMIT YOUR ACCESS TO YOUR WALLET ACCOUNT AND THE Uplift Studios LLC SERVICES IF YOU VIOLATE THESE TERMS AND CONDITIONS, OR ANY OTHER AGREEMENT YOU ENTER INTO IN RELATION WITH THIS SERVICE, OR AS MAY BE OTHERWISE SPECIFIED IN THESE TERMS AND CONDITIONS. THE Uplift Studios LLC MAY ALSO USE FRAUD AND RISK MODELING WHEN ASSESSING THE RISK ASSOCIATED WITH YOUR EWALLET ACCOUNT.

THESE TERMS AND CONDITIONS ARE SEPARATE AND INDEPENDENT FROM THE TERMS AND CONDITIONS OF THE SERVICE PROVIDERS, WHICH GOVERN THE RELATIONSHIP BETWEEN YOU AND THE SERVICE PROVIDERS. BY AGREEING TO Uplift Studios LLC TERMS AND CONDITIONS YOU SHALL BE DEEMED TO AGREE TO THE TERMS AND CONDITIONS OF THE SERVICE PROVIDERS AS WELL.

1.Notices to Uplift Studios LLC

Notices to Uplift Studios LLC made in connection with this Agreement must be sent by postal mail to: Uplift Studios LLC, .

2.These Terms and Conditions

2.1. We may change these Terms and Conditions including without limitation changing the existing fee structure or introducing new fees, from time to time. If so, We will notify You of changes in conformance with a time-frame required by law.

2.2. The up-to-date version of these Terms and Conditions will be available through the Ewallet. You should check the Ewallet regularly so that You can see the latest version. You will be bound by these Terms and Conditions and any amendments made to them.

2.3. You will be taken to have accepted any change to these Terms and Conditions that We notify You about, unless You tell Us that You do not agree with the particular change before the relevant change takes effect. In such circumstance, We will treat Your notification to Us as notification that You wish to terminate these Terms and Conditions immediately and We will close the account and any other related service and make reasonable efforts to refund the balance to You.

3. Scope of these Terms and Conditions

3.1. These Terms and Conditions govern the Use of Uplift Studios LLC’s Ewallet by You and any User. The funds represented in Your Ewallet Account(s) are held by Uplift Studios LLC and Service Providers, and no interest will be paid to You on these. When You, or a User makes a debit Transaction, the value of the Transaction plus any associated fees payable will be deducted from Your Ewallet Account(s) and Used to complete the Transaction. When You, or a User makes a credit Transaction, the value of the Transaction minus any associated fees payable will be credited to Your Ewallet Account(s).

4.Intellectual Property

The URLs representing the Uplift Studios LLC Ewallet(s), Uplift Studios LLC App, “Uplift Studios LLC'' and all related logos of Our products and services described in Our Ewallet(s) and the Uplift Studios LLC App, are either copyrighted by Uplift Studios LLC, trademarks or registered trademarks of Uplift Studios LLC or its licensors. In addition, and with reference to both Uplift Studios LLC Ewallet(s) and Uplift Studios LLC App, all page headers, custom graphics, button icons, designs and scripts are either copyrighted by Uplift Studios LLC, service marks, trademarks, and/or trade dress of Uplift Studios LLC or its licensors. You and any User may not copy, imitate, modify, alter, amend or Use them without Our prior written consent. You and any User may not alter, modify or change these logos in any way, Use them in a manner that is disparaging to Uplift Studios LLC or the Uplift Studios LLC Services or display them in any manner that implies Uplift Studios LLC’s sponsorship or endorsement. All right, title and interest in and to the Uplift Studios LLC Ewallet(s) and Uplift Studios LLC App and any content thereon is the exclusive property of Uplift Studios LLC and its licensors.

When providing Us with content or posting content (in each case for publication, whether on- or off-line) Using the Uplift Studios LLC Services, You grant Uplift Studios LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights You have in the content, in any media known now or in the future. Further, to the fullest extent permitted under Applicable law, You waive Your moral rights and promise not to assert such rights against Uplift Studios LLC, its licensors, sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: Your provision of content to Us, Your posting of content Using the Uplift Studios LLC Services, and Uplift Studios LLC’s Use of such content (including all works derived from it) in connection with the Uplift Studios LLC Services.

You and any User may not in any way perform any activities whose objective is reverse engineering of the Uplift Studios LLC App or Ewallet (collectively referred to as App). You and any User may not in any way perform any activities whose objective is reverse engineering of the way Uplift Studios LLC’s App technically works including APIs, technical communication protocol, or technical protection measures. As an example, but not limited to, You may not:

• Decompile the Uplift Studios LLC App;
• extract, Use, distribute any part of the Uplift Studios LLC App in any form;
• analyze the technical communication protocol Used by Uplift Studios LLC for providing Uplift Studios LLC Services;
• perform any network packet inspection involving the Uplift Studios LLC App;
• copy and Use any part of the technical communication protocol Used by the Uplift Studios LLC App;
• investigate, bypass, disclose, publish in any form any technical protection measures Used by the Uplift Studios LLC App such as, but not limited to, authentication handshakes, protocol encryption, password authentication, code obfuscation, code signing, that control access to the code, the service or any specific functionality provided by the Uplift Studios LLC App;
• modify, adapt, integrate into other products, translate and re-write into another language or in another manner the Uplift Studios LLC App;
• copy any code into a program You create as a result of reverse engineering of the Uplift Studios LLC App;

5.Communication

5.1. Electronic Delivery of Communications You agree and consent to electronic receipt of all Communications that We provide in connection with Your Uplift Studios LLC Account and the Uplift Studios LLC Services. Since the Uplift Studios LLC Service is an electronic service, You agree that Uplift Studios LLC has no obligation to send, and You have no right to receive communications in paper form. We will provide Communications to You by making them available through the Uplift Studios LLC Services or by emailing them to You at the primary email address listed in Your Uplift Studios LLC Account profile. Electronic Communications shall be deemed to be received by You upon delivery in the following manner: Posting them to Your Uplift Studios LLC App, or on Our Ewallet or making them available through the Uplift Studios LLC Services. The Nomad CTS and Uplift Studios LLC may issue combined Communications for the sake of convenience and You hereby consent to such joint Communications. You acknowledge and agree that such joint Communications shall not make Nomad CTS or Uplift Studios LLC responsible for the other’s services.

5.2. Checking for Communications and Updates It is Your responsibility to log on to Your Ewallet Account and the Uplift Studios LLC Services to open and review Communications that We deliver to You through those means. We may but are not obligated under these Terms and Conditions to provide You with notice of the posting of a Communication to Your Ewallet Account or the Uplift Studios LLC Services. You are obligated to review Your notices and Transaction history, and to promptly report any questions, Apparent errors, or unauthorized Transactions. Failure to timely contact the Ewallet Issuer may result in loss of funds or important rights. You agree that We will not provide You with a separate periodic statement for Your Use of the Uplift Studios LLC Services unless You specifically request one, in which case You may be charged a fee. You are responsible for reviewing the Transactions reflected in Your Transaction history, as made available in the App.

6. Nomad CTS is only a technology service provider

Nomad CTS provides technical support to the provision of payment services to You by the Ewallet Issuer which enables You to make payments transactions through the Uplift Studios LLC App or Uplift Studios LLC Ewallet. Nomad CTS is a licensor and an independent contractor for all purposes and is not Your agent or trustee. Nomad CTS does not have control of, or liability for, the products or services that are paid for through the Uplift Studios LLC Services. Nomad CTS does not at any time enter into the possession of funds transferred through the Uplift Studios LLC Service and does not provide any payment service activities to Users of the Uplift Studios LLC Service. Nomad CTS does not guarantee the identity of any User or ensure that a third party will complete a Transaction.

7.Ewallet Service

To Use the Uplift Studios LLC Services, You will be issued a Ewallet, and You hereby authorize Us to share any Information You provide to Us with the Ewallet Service Providers. We will use such Information that You provide in accordance with Our privacy practices, including AML & fraud prevention. Nomad CTS does not receive, hold, transfer or come into possession of Your funds. Nomad CTS provides the following technical services: administering Your enrollment into the Service; receiving and relaying Your transfer instructions for execution by Uplift Studios LLC and Service Providers; reporting services regarding the funds held or transferred for You by Uplift Studios LLC, Service Providers; and associated customer support.

8.Ewallet Account

Transactions with Your Ewallet Account may be limited by Applicable limits set by Nomad CTS or Uplift Studios LLC.

8.1. Reported Ewallet Account Balance You acknowledge that balances and available funds reported via the Uplift Studios LLC Services are only Approximate real time balances, rather than the settled balances in Your Account. A real time balance may not take into account pending debits. Despite this fact, Uplift Studios LLC will provide You with information about pending debits as and when it is available.

8.2. Loading Your Ewallet Account To load Your Ewallet Account, You must request an electronic transfer from either Uplift Studios LLC Your bank account or another electronic account. In such a transaction, You are instructing Uplift Studios LLC to instruct Service Providers to accept electronic transfers via direct deposit, or from a debit account, in the amount You specify, and to record the deposit of such funds into an account held by a third party and represented in Your Ewallet Account. You can deposit money to Your Ewallet Account only from an account registered in Your name. Transfers from third parties, including but not limited to companies, friends and family, will be returned to the sender's account after deducting third-party processing fees. Regular employment and contract payments can be an exception. Please contact Uplift Studios LLC Customer Support in that case.

9.Identity Verification

You agree to cooperate with all requests made by Us or any of Our third-party Service Providers in connection with Your Ewallet Account, to identify You, verify Your identity, or validate Your funding sources or Transactions. We reserve the right to close, suspend, or limit access to Your Ewallet Account and/or the Uplift Studios LLC Services in the event We are unable to obtain or verify such Information. You authorize Us, directly or through third party Service Providers, to make any inquiries We consider necessary to validate Your identity. This may include asking You for further information, requiring You to provide Your date of birth, or other information that will allow Us or third-party Service Providers to reasonably identify You, including requiring You to take steps to confirm ownership of Your phone number or payment instruments or verifying Your Information against third party databases or through other sources. We and Our third-party Service Providers may also ask you to take an image of Yourself, to see Your driver’s license or other identifying documents at any time or proof of Your address.

10.Security

You are responsible for maintaining adequate security and control of Your mobile phone, any and all IDs, passwords, personal identification numbers (PINs), or any other codes that You use to access the Uplift Studios LLC Services, Uplift Studios LLC Ewallet and Your Ewallet Account. You should also carefully safeguard Your Ewallet. You agree to immediately notify Us of any unauthorized Use of Your login credentials or other breach of security, either through the App, by phone at 954-817-0856 or by email at info@made4fit.com.

All Transactions are processed by automated methods, and anyone who obtains Your access credentials and/or mobile phone could Use it to transfer Your money without Your permission. If You furnish Your mobile phone and/or Uplift Studios LLC Services access credentials to a third party, a third party Uses Your login credentials, or You negligently make Your mobile phone or access credentials available to a third party who then Uses them, You will be liable for the Transactions conducted and other Use or misuse of Your Ewallet Account until and unless We and third-party Service Providers have been notified otherwise. You are responsible for any Use or misuse with respect to Your login credentials. We may require You to close Your Ewallet Account and open a new one, and/or change Your Uplift Studios LLC Services access credentials.

11.Methods of Sending, Spending, Requesting or Exchanging Money

By sending, spending, requesting, collecting, splitting or exchanging money, You authorize and instruct Nomad CTS to communicate Your instruction to Uplift Studios LLC and third-party Service Providers to execute the transaction. Once You have provided Your authorization for the Transaction, You will not be able to cancel it, except as provided for by Applicable law. You are solely responsible for confirming the accuracy of any Transactions made by You.

11.1. Refused and Refunded Transactions When You send money, the recipient is not required to accept it. You agree that You will not hold Uplift Studios LLC or its third-party Service Providers liable for any damages resulting from a recipient’s decision not to accept a payment. Any unclaimed, refunded or denied payment will be returned to You through the original Payment Instrument. Any unclaimed payment will be returned to You within 30 days of the date You initiated payment.

11.2. Sending Money to a Non-Uplift Studios LLC User Uplift Studios LLC Services may allow You to send money to someone who is not yet a Uplift Studios LLC User. In all cases, upon the sending of money, Uplift Studios LLC will invite the non-Uplift Studios LLC User to become a Uplift Studios LLC User in order to receive Your payment or to receive money in their bank account. As part of that process, You authorize Uplift Studios LLC to send mail, email, SMS messages, and push notifications to the non-Uplift Studios LLC User on Your behalf. If the non-Uplift Studios LLC User decides to accept Your payment in their bank account, then Uplift Studios LLC will communicate these instructions to the Ewallet Issuer and Account Provider to execute the Transaction. A third party may be instructed under an agreement with the Ewallet Issuer to complete the Transaction to the non-Uplift Studios LLC User.

12.Restricted Activities

12.1. Activities In connection with Your Use of the Uplift Studios LLC Services, or in the course of Your interactions with Us, other Users, or third parties, You will not:

• Breach these Terms and Conditions, or any other agreement or policy that You have agreed to with Us or Our third-party Service Providers;
• Violate any law, statute, ordinance, or regulation;
• Use the Uplift Studios LLC Services to purchase or sell, or to facilitate the purchase or sale of, illegal goods or services, including, but not limited to: unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
• Infringe Uplift Studios LLC or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
• Provide false, inaccurate or misleading information;
• Instruct Us to send or receive what We reasonably believe to be potentially fraudulent funds on Your behalf;
• Refuse to cooperate in an investigation or provide confirmation of Your identity or any Information You provide to Us;
• Attempt to “double-dip” during the course of a Dispute, Chargeback, Reversal or other investigation, with “double-dipping” being defined as intentionally or knowingly receiving or intentionally or knowingly attempting to receive funds from both Uplift Studios LLC and a merchant or other payee for the same Transaction;
• Exercise Control or influence over another Ewallet Account that has engaged in any of these Restricted Activities;
• Conduct Your business or Use the Uplift Studios LLC Services in a manner that is likely to result in or may result in complaints, Disputes, Reversals, Chargebacks, fees, fines, penalties or other liability to Uplift Studios LLC, other Users, third parties or You;
• Use Your Ewallet Account or the Uplift Studios LLC Services in a manner that We, our third-party Service Providers, or any other electronic funds transfer network reasonably believes to be an abuse of any payment network or a violation their rules;
• Allow Your Ewallet Account to have a negative balance;
• Take any action that imposes an unreasonable or disproportionately large load on Our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; Use an anonymizing proxy; Use any robot, spider, other automatic device, or manual process to monitor or copy Our Ewallet without Our prior written permission; or interfere or attempt to interfere with the Uplift Studios LLC Services;
• Take any action that may cause Us to lose any of the services from third-party Service Providers, payment processors, or other suppliers;
• Circumvent any Uplift Studios LLC policy or determinations about Your Ewallet Account such as temporary or indefinite suspensions or other Ewallet Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Ewallet Account(s) when a Ewallet Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Ewallet Accounts Using Information that is not Your own (e.g. name, address, email address, etc.); or Using someone else’s Ewallet Account;
• Refuse to cooperate in an investigation or provide confirmation of Your identity or any Information You provide to Us; or
• Use the Uplift Studios LLC Services in a manner that We believe may be a violation of any Applicable electronic payment network rules, or Applicable law.
• Use the Uplift Studios LLC Services to trade FX for speculative purposes or for FX arbitrage.
• If Your Ewallet Account is Used to conduct (or to attempt to conduct) Transactions that We believe are not permitted by these Terms and Conditions (such as one of the activities set forth above) or Applicable law, We may, in Our sole discretion, and without waiving any of Our rights, freeze, close, suspend, terminate or limit Your access to the Uplift Studios LLC Services. We reserve the right to refuse to facilitate any Transaction.

12.2. Actions If We, in Our sole discretion, believe that You may have engaged in any Restricted Activities, We may take various actions to protect Ourselves, other Users, other third parties, or You from liability. The actions We may take include but are not limited to the following:

• We may close, suspend, or limit Your access to Your Ewallet Account or the Uplift Studios LLC Services (such as limiting access to any of Your Payment Methods, and/or Your ability to send money, make withdrawals, or remove financial Information).
• We may contact Users who have Transacted with You, contact Your bank or debit Ewallet issuer, and/or warn other Users, law enforcement, or impacted third parties of Your actions;
• We may update inaccurate Information You provided Us;
• We may refuse to provide the Uplift Studios LLC Services to You in the future;
• We may take legal action against You; and
• We in our sole discretion, reserve the right to terminate these Terms and Conditions, access to an Ewallet, or access to the Uplift Studios LLC Services for any reason and at any time upon notice to You.

13.Fraud Monitoring

We may monitor Your Transactions for the purpose of determining fraudulent activity and whether You are in good standing. Based on Our methods, which are subject to change without notice, We may decide to suspend Your Ewallet Account, or in other ways limit Your privileges. We will use all available information to help combat fraud on Our system. If You believe Your Ewallet Account has been opened or Used in an unauthorized manner in connection with a Transaction, please contact Us.

14.Lost, stolen or & unauthorised transactions

You should treat the value on the Ewallet Account like cash. If the Ewallet or credentials to the Ewallet are lost or stolen or there is unauthorised Use of a Ewallet, You may lose some or all of the value on Your Ewallet Account in the same way as if You lost cash. If You believe that any Transaction posted to Your Ewallet Account is unauthorised, has been posted in error or is otherwise incorrect, You must let Us know immediately by contacting Customer Support. We may require You to provide details in writing. You may be required to help Us, Our agents or any enforcement agency, at Our request, if a Ewallet is lost or stolen or if We suspect a Ewallet is being misused. If an Ewallet is reported lost or stolen, We will cancel it and may issue a new one. A fee may Apply. If You or a User finds the Ewallet after it has been reported lost, stolen or misused, You must disable it and inform Us immediately.

15.Location-Based Data

You may opt-out of providing location data through Your mobile device; Unless You opt-out of providing location data, You consent to the collection, Use, sharing, and onward transfer of location data, as further set forth in the Privacy Policy.

16.Transactions made in foreign currencies

16.1. If You use Your Ewallet to purchase goods or services or withdraw cash in a currency other than the currencies of Your Ewallet Account or if in order to facilitate any of Your Transactions in in Your Ewallet Account need to be converted, then such Transaction will be converted to the required currency on the day of the Transaction. Uplift Studios LLC and the Ewallet Issuer will Use a reliable and reputable exchange rate at the time of the transaction. A good guide for the exchange rates on each day is the Mastercard Currency Conversion Tool: https://www.mastercard.Us/en-Us/consumers/get-support/convert-currency.html.

16.2. We reserve the right to revert foreign exchange trades done with You if traded prices differ from market rates due to any external factors such as volatile market conditions, system failure or any other external factors.

16.3. We will make every effort to provide You with the best possible FX rates. However, in certain circumstances it is not possible due to the FX market being closed, e.g., Weekends or holidays. In such cases We might provide FX rates different from the last closed price to reflect a possible price gap on the market open.

17.Release

If You have a Dispute with Uplift Studios LLC or one or more Users, or third-party Service Providers, You release Nomad CTS (and its affiliated companies their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such Disputes. You agree that You will not involve Nomad CTS in any litigation or other Dispute arising out of or related to any Transaction, agreement, or arrangement with any User, Uplift Studios LLC, advertiser or other third party in connection with the Uplift Studios LLC Services. If You attempt to do so, (i) You shall pay all costs and attorneys’ fees of Nomad CTS and its affiliates and shall provide indemnification as set forth below.

18.Change in service providers

We have the right to change any of Our third-party Service Providers, with or without notice, that We, in Our sole discretion, deem to be reasonable in the circumstances. You agree to cooperate with Us and any Service Providers selected by Us as reasonably required for the Service or to perform related services for which it is responsible.

19. Uplift Studios LLC is not an Emoney Issuer, Service Business, or Processor

19.1. Nomad CTS is a technical service provider and is not a bank or other financial institution. Your conducting Transactions Using the Uplift Studios LLC Services are between You Uplift Studios LLC and third-party Service Providers, and not with Nomad CTS or any affiliates. Nomad CTS is not a party to Your Transactions.

19.2. In order to Use the Uplift Studios LLC Services You will be issued a Uplift Studios LLC branded Ewallet by Uplift Studios LLC and You hereby authorize Us to share any information You provide to Us with third-party Service Providers. Uplift Studios LLC will Use such information that You provide in accordance with its privacy practices, including AML & fraud prevention. Uplift Studios LLC may hold funds that are due to be paid to you and represented in your Ewallet, prior to their being transferred at your direction.

19.3. Nomad CTS does not receive, hold, transfer or come into possession of Your funds. Nomad CTS provides the following technical services: administering Your enrollment into that service; receiving and relaying Your transfer instructions for execution by the Ewallet Issuer and Account Providers; reporting services regarding the funds held or transferred for You by the Ewallet Issuer and Account Providers; and associated customer support.

20.Customer Support

If You have an inquiry regarding a payment made with Uplift Studios LLC, or You believe there has been an error or unauthorized Transaction, please contact the Uplift Studios LLC Customer Support immediately. Customer Support can be contacted via App, email at info@made4fit.com or via phone at 954-817-0856.

21.Recording calls

You understand and agree that Uplift Studios LLC may, without further notice or warning and in Our discretion, monitor or record the telephone conversations You or anyone acting on Your behalf has with Uplift Studios LLC or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while Your communications with Uplift Studios LLC may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Uplift Studios LLC, and Uplift Studios LLC does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

22.Closing Your Ewallet Account

22.1. How You May Close Your Ewallet Account If You wish to close Your Ewallet Account, You must do so using the Ewallet, contacting us by phone at 954-817-0856, or by email at info@made4fit.com. If You make such a request, Uplift Studios LLC will take certain steps to verify Your identity and You agree to cooperate in such verification. Once Uplift Studios LLC has verified Your identity and confirmed You wish to close Your Ewallet Account, Your Account will be closed and any pending instructions will be cancelled.

22.2. Limitations on Closing Your Ewallet Account You may not close Your Ewallet Account to evade an investigation. If You attempt to close Your Ewallet Account while We are conducting an investigation, it may freeze the account to protect all parties to the Uplift Studios LLC Services, its affiliates, or a third party against any liability. You will remain liable for any obligations related to Your Ewallet Account even after the Ewallet Account is closed.

23. Indemnification

You agree to defend, indemnify and hold the parties to these Terms and Conditions, Our affiliates and the officers, directors, agents, joint venturers, employees and suppliers of Uplift Studios LLC harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of Your breach of these Terms and Conditions, Your improper Use of the Uplift Studios LLC Services, and/or Your violation of any law or the rights of a third party.

24.Limitations of Liability

In no event shall We, Our affiliates, and the officers, directors, agents, joint venturers, employees and suppliers of Uplift Studios LLC be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with Our Ewallet, the Uplift Studios LLC services or these Terms and Conditions, however arising. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not Apply to You. The liability of Uplift Studios LLC and related parties to You or any third parties in any circumstance and in the aggregate is limited to US$50. In addition, to the extent permitted by Applicable law, We are not liable, and You agree not to hold Us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
(1) Your Use of or Your inability to Use the Uplift Studios LLC Services;
(2) Delays or disruptions in the Uplift Studios LLC Services;
(3) Viruses or other malicious software obtained by accessing the Uplift Studios LLC Services or any associated site or service;
(4) Glitches, bugs, errors, or inaccuracies of any kind in the Uplift Studios LLC Services;
(5) The content, actions, or inactions of third parties;
(6) A suspension or other action taken with respect to Your Ewallet Account;
(7) Your need to modify practices, content, or behavior, or Your loss of or inability to do business, as a result of changes to these Terms and Conditions or Uplift Studios LLC’s policies. Uplift Studios LLC reserves the right to modify its policies and these Terms and Conditions at any time consistent with the provisions outlined herein.

25.No Warranty

The Uplift Studios LLC Services are provided “as is,” “as available” and without any representation or warranty, whether express, implied or statutory. Uplift Studios LLC, and the officers, directors, agents, joint venturers, employees and suppliers of Uplift Studios LLC, Our affiliates, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the Uplift Studios LLC Services Used on or accessed through the Uplift Studios LLC Services, or for any breach of security associated with the transmission of sensitive information through the Uplift Studios LLC Services. We do not warrant that the functions contained in the Uplift Studios LLC Services will be uninterrupted or error free. We shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions or the Uplift Studios LLC Services. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Uplift Studios LLC does not have any control over the products or services that are paid for with the products made available through Our Services. Uplift Studios LLC is not responsible for the quality, performance, or any consequential results of the products and or services purchased during the transactions. Uplift Studios LLC cannot ensure that a merchant You are dealing with will actually complete the transaction or is authorized to do so. Uplift Studios LLC does not guarantee continuous, uninterrupted or secure access to any part of the Uplift Studios LLC Services, and operation of the Uplift Studios LLC Services may be interfered with by numerous factors outside of Our control. Uplift Studios LLC will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and Ewallets are processed in a timely manner but Uplift Studios LLC makes no guarantees or warranties regarding the amount of time needed to complete processing because the Uplift Studios LLC Services are dependent upon many factors outside of Our control, such as delays in the banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not Apply to You. This paragraph gives You specific legal rights and You may also have other legal rights that vary from state to state.

26.Complete Agreement

These Terms and Conditions set forth the entire understanding between You and Us with respect to the Uplift Studios LLC Services. Any other terms which by their nature should survive, will survive the termination of these Terms and Conditions. Unless stated otherwise in these Terms and Conditions, if any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

27.Force Majeure

We shall not be liable for any delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, software failures, labor strife, riots, war, terrorist attack, nonperformance of Our vendors or suppliers, acts of God, or other causes over which We have no reasonable control, and nothing in this section will affect or excuse Your liabilities and obligations under these Terms and Conditions.

28.Governing Law

You agree that the laws of the state of Utah in the United States, without regard to principles of conflict of laws, will govern these Terms and Conditions and any claim or Dispute that has arisen or may arise between You and Uplift Studios LLC.

SCHEDULE 1 – DEFINITIONS

“Ewalletholder Agreement” means the “Uplift Studios LLC Ewallet’s Terms and Conditions.

“Ewallet” means a Uplift Studios LLC-branded Ewallet issued to You by Us.

“Ewallet Account” has the meaning given in the Ewalletholder Agreement.

“Communications” means any Uplift Studios LLC Account or Transaction information provided to You, including: any agreements and policies You agree to, (e.g., these Terms and Conditions) including updates to these agreements or policies; disclosures and notices, including prospectuses and reports for transaction receipts or confirmations; Uplift Studios LLC Account statements and history; and payments authorizations and transaction receipts or confirmations; documents; and any other information related to Your Uplift Studios LLC Account or the Uplift Studios LLC Services.

“Information” means any confidential and/or personally identifiable information or other information, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.

“Mobile App” or “App” or “Uplift Studios LLC App” means the Application on Your mobile device through which You Use the Uplift Studios LLC Services.

“Uplift Studios LLC” means Uplift Studios LLC

“Uplift Studios LLC User” or “User” means any person or entity Using the Uplift Studios LLC Services including You and other Uplift Studios LLC Members.

“Uplift Studios LLC Services” means the services that allow Users to make (i) Ewallet Transactions; (ii) transfer monies to other Users or Non-Users; or (iii) withdraw monies from Your Ewallet Account Using a mobile device, Uplift Studios LLC Ewallet, the internet or other technologies through which Uplift Studios LLC may choose to offer its services from time to time.

“Uplift Studios LLC Wallet” means the digital interface that allows You to add, manage and access Payment Instruments, conduct payment transactions and make other permitted Uses of the Uplift Studios LLC Services. “Payment Instrument" means a Ewallet Account, a Registered Bank Account, or the Uplift Studios LLC Ewallet.

“Transaction” means the Use of the Uplift Studios LLC Services to instruct a third party to send/receive/exchange funds on Your behalf for a purpose permitted hereunder.

“Us” or “We” means Uplift Studios LLC, Nomad CTS, and third-party Service Providers that act to enable your requests in the Ewallet.

SCHEDULE 2 – FEES Summary

You are liable for paying all fees arising from Your Use of the Uplift Studios LLC Services. The fees and spending limits on the Ewallet are displayed prior to Your approval of a transaction, and set out in the documents area of the Ewallet and/or on the Ewallet App.

You may also be subject to the terms and conditions of third-party Service Providers. It is Your responsibility to check before proceeding with Your Transaction.

I Agree to the Terms and Conditions stated above.