Terms of Use
(Effective as of November 11, 2024)
Welcome to ESi, an application (the “App”) operated by Einstrong Foundation, a California 501(c)(3) (the “Organization,” “we” or “us”).
The following Terms of Use (“Terms”) apply when you use the App.
Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.
The App allows users to register, receive, and spend our Conditional Basic Income (CBI) cash aid program using two forms of their biometrics: face and palm print. We also allow any other users to use our app to receive or send any cash that has been distributed to our CBI recipients. Services provided via the App are called the “Service.”
As discussed in our Privacy Policy, when you sign up for the App you`ll be asked to provide certain information about yourself, such as your name.
CBI recipients will need to provide biometric information (face and palm print) which will serve as their password. They will also need to provide a birthdate and upload a copy of a birth certificate or other form of ID. They will also need to provide income information and information on family relationships (e.g., parent/guardian and child(ren)).
Users who wish to cash out payments will be required to provide bank account and/or identification information, which will be shared with our financial partners.
Please note that the App is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
You need to be at least 18 years old to use the App.
Your potential use of the App to obtain funds and/or other services for your children younger than 18 indicates your acceptance of our collection of the same type of information about them as we collect about adults.
You hereby affirm we have the right to terminate your account with or without prior notice.
Your permission to use the App is conditioned upon the following restrictions and conditions.
You agree that you will not:
use, display, mirror or frame the App or any individual element within the App, Organization’s name, any Organization trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the App, without Organization’s express written consent;
access, tamper with, or use non-public areas of the App, Organization’s computer systems, or the technical delivery systems of Organization’s providers;
attempt to probe, scan or test the vulnerability of any Organization system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Organization or any of Organization’s providers or any other third party (including another user) to protect the App;
use any meta tags or other hidden text or metadata utilizing a Organization trademark, logo URL or product name without Organization’s express written consent;
use the App, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App to send altered, deceptive or false source-identifying information;
collect or store any personally identifiable information from the App or from other users of the App without their express permission;
impersonate or misrepresent your affiliation with any person or entity;
sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the App available to any third party;
use the App for any unlawful purpose or for the promotion of illegal activities;
use the App to attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
interfere or attempt to interfere with the proper functioning of the App;
make any automated use of the App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
attempt to decipher, reverse engineer, decompile, or disassemble any portion of the App or the software used to provide the Service;
bypass any robot exclusion headers or other measures we take to restrict access to the App or use any software, technology, or device to scrape, spider, or crawl the App or harvest or manipulate data; or
encourage or enable any other individual to do any of the foregoing.
Although the Organization is not obligated to monitor access to or use of the App, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the App, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You acknowledge and agree that the Organization and its licensors retain ownership of all intellectual property rights of any kind related to the App including applicable copyrights, trademarks, and other proprietary rights. The Organization reserves all rights that are not expressly granted to you under these Terms.
You agree to indemnify, defend, and hold harmless the Organization from claims, liabilities, expenses, and damages, including reasonable attorneys` fees and costs, made by any third party related to: (a) your use or attempted use of the App in violation of these Terms; or (b) your violation of any law or rights of any third party.
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the App; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Organization provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Organization may also use your email address to send you other messages, including information about the Organization and App. You may opt out of such email by changing your account settings or sending an email to [email protected].
THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE ORGANIZATION EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APP INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE ORGANIZATION MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE APP. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ORGANIZATION, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE APP; (B) THE APP GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AND SERVICE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE ORGANIZATION OR ANY OTHER USER OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ORGANIZATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ORGANIZATION’S LIABILITY TO YOU EXCEED $1. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Organization can amend these Terms at any time. It’s your responsibility to check the App from time to time to view any such changes. If you continue to use the App, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Organization’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Organization. No purported waiver or modification of these Terms by the Organization via telephonic or email communications shall be valid.
The Organization respects the privacy of its users. Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the App, you show that you agree to this Privacy Policy.
If the App is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
a) The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
b) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the “Apple EULA Terms”) or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html (the “Apple App Store Terms”) as of the Effective Date, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.
If the App is provided to you through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:
a) You acknowledge that Google is not responsible for providing support services for the App.
b) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distribution-agreement.html (the “Google EULA Terms”) as of the Effective Date, the terms and conditions of Google EULA Terms will apply to the extent of such inconsistency or conflict.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Organization to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Organization must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the App and Service are governed by the federal laws of the United States of America and the laws of the State of California without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the App through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Pasadena, California.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE ORGANIZATION MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Organization based in any way on the App you agree that, in the event you do not prevail or the Organization does prevail, you will reimburse the Organization for any costs and attorneys’ fees associated with its defense of the action.
The Organization may assign or delegate these Terms and/or the Organization’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Organization’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS.
