Terms of Use

This Terms of Use Agreement (“Terms of Use” or “Agreement”) applies to you (“You”) and your (“Your”) use of Cappiri.com website or Cappiri mobile apps (“Cappiri”). Cappiri is the property of CorpGenie Corporation, a Georgia Company (“CorpGenie” or “Company” or “We”) together with its parents, subsidiaries, affiliates and designees. By using Cappiri, you agree to be bound by the Terms of Use. If you do not agree to all the terms, please do not use Cappiri. CorpGenie reserves the right, at its sole discretion, to change, add or remove portions of the Terms of Use, at any time and without notice. It is your responsibility to review the Terms of Use each time before using Cappiri. Your continued use of Cappiri following the posting of changes will mean that you accept and agree to the changes.

YOU AGREE THAT ALL PURCHASES BY YOU WILL BE SUBJECT TO THE TERMS OF USE.

As long as you comply with the Terms of Use and any such modifications, CorpGenie grants you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use Cappiri.

REGISTRATION; CUSTOMER ACCOUNTS.

Certain services offered on or through Cappiri may require you to open a Customer Account ("Account"). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify the Company immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by Company or any other user of Cappiri due to someone else using your password or Account. You may not use anyone else's password or Customer Account at any time. You may not attempt to gain unauthorized access to Cappiri. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, your Account shall be terminated. You agree to provide Company with accurate, current and complete information about yourself and your billing information as prompted by the registration process, and to keep that information up-to-date.

CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION.

As more fully described in the Privacy Policy, you must disclose certain personally identifiable information to use Cappiri, register, and make purchases. As a condition of registering with Cappiri or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read the Privacy Policy and consent to the collection, use and disclosure of your personally identifiable information and non-personally identifiable information as described in the Privacy Policy. The Privacy Policy may change from time to time, and as a condition of browsing Cappiri, using any features or making any purchase, you agree that you will first review the Privacy Policy prior to making any purchases. While Company takes reasonable steps to safeguard and to prevent unauthorized access to your information, Company cannot be responsible for the acts of those who gain unauthorized access, and Company makes no warranty, express, implied, or otherwise, that Company will prevent unauthorized access to your information. .In no event shall Company nor its parents, subsidiaries, affiliates or designees nor their employees, directors, officers, affiliates, licensees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "associates") nor their successors or assigns be liable for any damages (whether consequential , direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to your information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Company was given actual or constructive notice that damages were possible.

INTENDED USERS.

Cappiri is intended for use by individuals over the age of 13. Cappiri is not intended for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use Cappiri.

JURISDICTIONAL RESTRICTIONS

If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services, you may not use the Services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to use the Services where you are located.

THIRD PARTY SERVICES

You acknowledge that the use of the Services is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator ("Provider"). You acknowledge and agree that the Services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service. Note that some Providers prohibit or restrict the use of Voice over Internet Protocol (“VoIP”) functionality or other features of the Services, and may also impose additional fees in connection with the use of the Services. You are solely responsible for verifying with your mobile operator (or any other Provider that you are using in relation to the use of the Services) that the use of the Services is permitted in accordance with any contractual obligations you may have with that Provider, and also to check and pay for such imposed additional fees. Note that, as soon as your call is connected to a phone number provided by or used with Cappiri, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call or not (i.e. even if the line is busy).

You acknowledge and understand that the Services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service.

In relation to our Cappiri Plus Services, please note that once the Cappiri transaction is completed, Company has no control over the pre-paid airtime value and that the terms and conditions of the recipient’s local mobile network operator will apply in respect of the end user's consumption of such pre-paid airtime value.

CONDITIONS OF SALE AND PAYMENT TERMS.

To purchase any goods and/or services on Cappiri, you must be at least eighteen (18) years of age or the applicable state age of majority. If you are under 18, that you have permission to use the Services from the adult responsible for paying the charges. Prior to the purchase of any goods or services on Cappiri, you must provide Company with a valid PayPal or Google/Apple Pay account or a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to Company, you hereby agree that you authorize Company to charge your card the purchase amount. All charges from those sales are subject to the Company Return Policy.

METHODS OF PAYMENT, CREDIT CARD TERMS AND TAXES.

All payments must be made by PayPal, Google Pay, Apple Pay, VISA, MasterCard, Discover or American Express. In the future, Company may accept other methods of payment. Your PayPal, Google Pay, Apple Pay Account or your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not the Terms of Use to determine your rights and liabilities as an Account User or cardholder. You agree to pay all valid fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. You are responsible for paying any valid governmental taxes or fees imposed on your purchases, including, but not limited to, sales, use, excise, value-added tax (VAT) or other similar taxes.

ORDER ACCEPTANCE POLICY.

Your receipt of an electronic order confirmation or other form of order confirmation does not signify Company’s acceptance of your order, nor does it constitute confirmation of Company’s offer to sell. Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. Company further reserves the right any time after receipt of your order, without prior notice to you and for any reason, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Company upon its delivery of products or services that you have ordered. Company may require additional verifications or information before accepting any order.

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES.

Company shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Company shall issue a credit to your credit card in the amount of the charge. Individual bank policies will dictate when this amount is credited to your Account.

MODIFICATIONS TO PRICES OR BILLING TERMS.

Company reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on Cappiri or by e-mail delivery to you.

MINUTE ROUNDING

The measurement of call duration is based on one-minute increments, meaning that the duration of a call is rounded up to the next minute. For example, if you call for 5 minutes and 10 seconds we will round up the call length to 6 minutes.

NO EMERGENCY CALLS

The Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Cappiri is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that the Services do not support or carry emergency calls. You must ensure that you, or anyone using your Account/Device, have alternative arrangements for making any such calls.

REFUND POLICY.

If you believe that Cappiri has charged you in error, you may request for a refund by submitting a written request in English to Company’s Customer Support at [email protected] Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. Company reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement. Any payments older than 60 days are non-refundable.

Cappiri websites and apps communicate over Secure Socket Layer protocol to ensure protection of your personal data. Company however shall not be responsible for the security of your data or for fraudulent use of credit card to make purchases on this website or app, nor shall Company be obligated to make refunds or to provide any compensation where such fraudulent use occurs. Company will actively cooperate with law enforcement authorities in prosecuting anyone who uses this website, app or products/services sold over this website or app for unlawful use. Company is not responsible if the card holder's issuing bank does not authorize online transactions.

FORCE MAJEURE

You acknowledge and agree that if Company is unable to provide the Services as a result of a force majeure event, Company will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the control of Company.

EXPIRATION OF CREDITS

A credit balance on the Account will expire 12 months after the last activity of the Services. this means that any credit balances that are not used within the aforesaid 12 months’ period will be lost.

INDEMNIFICATION.

You agree to indemnify and hold harmless Company and its Affiliates and their successors and assigns, and other Users from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your use of Cappiri, your violation or alleged breach of the Terms of Use, your dispute with another User, the unauthorized access to Cappiri using your Account or password, or your violation of any law, regulation or third-party right.

DISCLAIMER OF WARRANTIES.

By using Cappiri, you expressly agree that use of Cappiri is at your sole risk. Cappiri is provided on an "AS IS" and "as available" basis. Neither Company nor its Associates warrant that use of Cappiri will be uninterrupted or error-free. Neither Company nor its Associates warrant the accuracy, integrity or completeness of the content provided on Cappiri or the products or services offered for sale on Cappiri. Further, Company makes no representation that content provided on Cappiri is applicable to, or appropriate for use in, all locations. Company and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, and merchantability or fitness for a particular purpose. No oral advice or written information given by Company or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

LIMITATION OF LIABILITY.

Under no circumstances shall Company or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use Cappiri, including but not limited to reliance by you on any information obtained from Cappiri that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Company has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through Cappiri. 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.

TERMINATION.

Company may terminate your Account or access to Cappiri at any time, for any reason, without notice, in its sole discretion. You are personally liable for all orders placed and charges incurred prior to termination.

YOU AGREE THAT CORPGENIE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO CAPPIRI OR YOUR ACCOUNT. CORPGENIE

Reserves the right to change, suspend or discontinue any or all aspects of Cappiri at any time, without notice, in its sole discretion. If you become dissatisfied with Cappiri, your only recourse is to immediately discontinue use of Cappiri.

GENERAL.

No delay or failure to take action under the Terms of Use shall constitute any waiver by Company of any provision of the Terms of Use. If any provision of the Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of the Terms of Use will continue in full force and effect. The Terms of Use will bind and inure to the benefit of Company successors and assigns. Any claim under the Terms of Use must be brought within ninety (90) days after the cause of action arises. The Terms of Use shall be governed by the laws of the State of Georgia without regard to or application of any conflict of law’s provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Gwinnett County, in the State of Georgia. The Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate the Terms of Use shall be null and void. Company may freely assign the Terms of Use without consent or notice. Except as expressly stated otherwise, all notices shall be given to Company or its Affiliates or their successors or assigns at [email protected] or to you at the email address you provide to the Company. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. The Terms of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between Company and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations of liability shall survive the termination of the Terms of Use.