Oxygen terms of service
Updated June 17th, 2021
Please review the following terms and conditions very carefully, and also read our Privacy Notice regarding the information that you provide to us. If you do not agree with the following terms and conditions, do not download or install any Oxygen software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions.
1. Oxygen services
A. Oxygen services
B. Use of Oxygen services
You may not use the Oxygen Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Oxygen’s Services; (ii) any other party’s use and enjoyment of Oxygen’s Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Oxygen Application (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Oxygen Application, including, without limitation, any usage rules set forth in the online application store terms of service.
From time to time, Oxygen may automatically update the version of Oxygen Application installed on the Authorized Device (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Oxygen Application. By installing the Oxygen Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Oxygen Application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
Oxygen reserves the right to temporarily disable or permanently discontinue any and all functionality of the Oxygen Application at any time without notice and with no liability to you.
C. User Applications and Representations
You must be at least 18 years of age or older to sign-up, apply, register for, or install or use the Oxygen Services. If You sign up or register with Oxygen or apply and set up your Oxygen Account, You agree, represent and warrant that all information You provide to Oxygen upon sign up, registration or application and at all other times through the Oxygen Services will be true, accurate, current and complete (which includes use of your real name). If any material information You provide to Oxygen in connection with the Oxygen Services changes, You agree to promptly notify Oxygen about such changes and provide updated information. You are entirely responsible for maintaining the confidentiality of your account information and password. You agree not to (a) use the account, username, or password of another user, or (b) disclose your password to, or share your account with, any third party or allow or authorize any person to use your account or user ID with Oxygen. You agree to notify Oxygen immediately if You suspect any unauthorized use of your account or access to your password or account. You are solely responsible for any and all use of your account.
2. Consent and licence for users providing financial data
A. Consent to Collect Your Transaction Data
If you are using or participating in any Oxygen Service that involves the collection and/or use of financial Transaction Data, You will provide us with access to upload or collect your financial data from your banking and other financial accounts, including, for example and without limitation, transaction dates, the merchants involved, the transaction types and the amounts, other information, data, passwords, or other content (collectively “Transaction Data”), but excluding your account numbers associated with such Transaction Data.
B. Use of Your Transaction Data
C. License to Your Transaction Data
D. Third Party Accounts
By using the Oxygen Services, You authorize Oxygen and its Service Providers to access third party sites designated by you, on your behalf, to retrieve information requested by You, and to register for accounts requested by You. For all purposes hereof, You hereby grant Oxygen and its service providers a limited power of attorney, and You hereby appoint Oxygen and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution for You and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as You might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN OXYGEN OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, OXYGEN AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by You. You understand and agree that the Oxygen Services are not endorsed or sponsored by any third party account providers accessible through the Oxygen Services.
E. No Liability for Transaction Data
F. Removal and Deletion of Transaction Data
Oxygen reserves the right to remove, delete, block, edit or modify any Transaction Data at any time, subject to applicable regulatory retention requirements, without prior notice and at in its sole discretion for any reason or no reason. Oxygen has no obligation to retain or delete any of your Transaction Data beyond any applicable regulatory retention periods to which Oxygen is subject.
3. CONSENT FOR P2P SERVICES AND RELATED DATA SHARING
A. Overview of P2P Service
As part of the Oxygen Services, Oxygen may make available to you the ability to communicate with other Oxygen users as part of a peer-to-peer communications network (the “P2P Services”). The P2P Services will enable you to identify and communicate with other Oxygen users, as well as allow the Bank to facilitate certain transactions with those users, through your Account.
B. Consent to Share Information Required for P2P Services
By using the Oxygen Services, you give Oxygen consent to access the contact information, photographs, and images stored in your mobile device. You also consent to Oxygen sharing your status as an Oxygen Accountholder with other Oxygen Accountholders. Finally, you consent to Oxygen sharing your contact information, such as First Name, Last Name, Email Address, and Phone Number with other Oxygen users to facilitate the P2P Services.
C. Consent and License to Use Photographs and Images in P2P Services
You consent to our use of photographs and images stored in your mobile device to be chosen by you as an avatar of you that will be visible to other users as part of the P2P Services. To the extent you provide an image for use as an avatar, you represent that you have full legal rights to that image and provide Oxygen with a non-exclusive license to use that image in its facilitation of the P2P Services.
4. Intellectual property
You hereby acknowledge that Oxygen owns all rights, title and interest in and to the Oxygen Applications and to any and all proprietary and confidential information contained therein (“Oxygen Information”). The Oxygen Applications and Oxygen Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, reverse compile or disassemble the Oxygen mobile application or otherwise attempt to derive source code from the Oxygen Applications; (ii) copy, distribute, transfer, sell or license the Oxygen Applications; (iii) transfer the Oxygen mobile application to, or use the Oxygen mobile application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Oxygen mobile application; (v) use the Oxygen Applications to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter Oxygen’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Oxygen Applications.
6. No warranty
The information and materials contained in Oxygen Applications, including text, graphics, links or other items are provided “as is”, “as available”. Oxygen does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
7. Limitation of liability
In no event will Oxygen be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with Oxygen Applications or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Oxygen, or representatives thereof, are advised of the possibility of such damages, losses or expenses.