Terms and Conditions

Last updated: April 10, 2026

1. Introduction

These Terms and Conditions (this "Agreement" or "User Agreement") are a binding contract between you and Nxos Finance Ltd. (formerly known as, and registered with the Financial Transactions and Reports Analysis Centre of Canada ("FINTRAC") as, 1539285 B.C. LTD, Incorporation No. BC1539285) (the "Company", "Nxos", "we", "us", or "our"), and apply to your use of the Company's services, including any Nxos account facilities (the "Services" or "the Service"). Within the scope of this Agreement, "Nxos Finance Ltd." must also be interpreted as "Nxos" and all services provided under the aforementioned brand name.

By opening an account (whether through the Nxos website or the Nxos mobile application), you agree that you have read, understood, and accept all of the terms and conditions in this Agreement (other than any Service-Specific terms that apply to a Service that you do not use) and our Privacy Policy (the "Privacy Policy"), which is incorporated in this Agreement by this reference.

Nxos is registered as a Money Services Business ("MSB") with FINTRAC and is authorised to provide foreign exchange dealing services, money transferring services, virtual currency exchange services, and payment service provider services, subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the "PCMLTFA"), its regulations, and all other applicable Canadian federal and provincial laws.

Nxos is not a bank. Nxos is not a bank, trust company, deposit-taking institution, or securities dealer. Funds handled in connection with the Services are not deposits and are not insured by the Canada Deposit Insurance Corporation (CDIC) or any other government or private deposit insurance scheme.

No wallet or stored-value services. Nxos does not offer wallet, e-wallet, stored-value, prepaid, or deposit-taking services. Nxos does not hold customer balances, does not maintain an ongoing credit or prepaid balance on your behalf, and does not pay interest, yield, or other earnings of any kind. Except for funds that are temporarily in transit while a Transaction is being processed, settled, returned, investigated, or held in accordance with this Agreement or applicable law, Nxos does not hold funds for you. References in this Agreement to your "Account" mean your Nxos user profile and the record of your Transactions, and not a stored balance of funds.

2. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction of residence) and legally capable of entering into a binding contract to use the Services. If you are registering on behalf of a business or other legal entity, you represent and warrant that the entity is duly organised and in good standing, that you are authorised to bind it, and that the entity holds all licences, registrations, and regulatory approvals necessary to engage in the activities contemplated by this Agreement.

The Services are not available in every country, and some features or product types may be available only to users in specific jurisdictions. Nxos may restrict, limit, suspend, or withdraw availability of the Services in any jurisdiction at any time, in its sole discretion, for legal, regulatory, sanctions, tax, or risk management reasons. Availability is also subject to our onboarding, due diligence, and verification requirements. A current list of supported jurisdictions is available on request from [email protected]. It is your responsibility to ensure that your use of the Services is lawful in your jurisdiction.

By using the Services, you represent and warrant that: (a) you are not located in, incorporated under the laws of, or an ordinary resident of any country or territory subject to comprehensive sanctions administered by the Government of Canada, the United Nations Security Council, the United States (including OFAC), the European Union, the United Kingdom, or any other applicable sanctions authority; and (b) you are not an individual or entity listed on any sanctions, terrorism, or other restricted persons list maintained by any such authority.

3. Third Party Agreements

You acknowledge and agree that this Agreement is between you and Nxos, and not with any third party (including, but not limited to, Apple, Google, any mobile carrier, or any participating merchant), and that the Company is solely responsible for the Service. Your use of the Service may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g. Apple, Google, or Microsoft), your mobile device manufacturer (e.g. Apple or Samsung), your mobile service carrier, and/or other parties involved in providing your mobile device service. Participating merchants, third-party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, and any other product or service provider related to your mobile device service are collectively referred to as "Covered Third Parties". You agree to comply with all applicable third-party terms of agreement when using the Services. Nxos is not a party to those agreements and has no responsibility for the products and services provided by third parties.

4. Service-Specific Terms

The following terms are "Service-Specific Terms" in that they apply solely to the Services covered by this Agreement. Nxos provides a range of regulated financial services pursuant to its registration as an MSB with FINTRAC, including foreign exchange dealing, money transferring, virtual currency exchange, and payment service provider services (collectively, the "Services"). Nxos acts as a service provider and technology platform and does not act as a counterparty, principal, trustee, fiduciary, investment adviser, or broker in respect of any underlying commercial transaction between a sender and a recipient. The Services are provided on a transaction-by-transaction basis. Nxos does not offer wallet, e-wallet, stored-value, prepaid, or custody services; each Transaction is funded from a Funding Source that you designate and is settled to a payout destination that you designate, and Nxos does not maintain an ongoing balance of funds or Virtual Currency on your behalf outside of the limited period during which a Transaction is in transit, being processed, settled, returned, investigated, or held in accordance with this Agreement or applicable law. Nxos has no responsibility for the actions of your transfer recipient or for the subject matter of the transfer. We do not guarantee the identity of any Nxos user or that a sender or a recipient can or will complete a transaction. Not all Services are available to all users, and some Services are available only to verified Business Account users or in specific jurisdictions. Additional service-specific terms, fees, or limits may be disclosed to you in the application or in a separate written agreement, and such terms form part of this Agreement when you use the relevant Service.

4.1 Eligibility and Account Registration

To be eligible to use the Service, you may only create an account through the Nxos website or through the Nxos mobile application (collectively, the "Website"). As further detailed in our Privacy Policy, in order to register, create, and use an account, the Company may require that you submit certain Personal Information (as defined in the Privacy Policy), including but not limited to your name, citizenship, email address, text-enabled cellular/wireless telephone number, street address, postal code, date of birth, and an appropriate government-issued photo identification number (passport, driver's licence, or country identification card). During the registration process, or when you access the Services from a phone, your IP address or device identifier is also stored. You agree that the Personal Information you provide to Nxos upon registration and at all other times will be true, accurate, current, and complete, and you agree to maintain and update this Personal Information to keep it true, accurate, and complete. Please also visit the Privacy Policy for more information on our Anti-Money Laundering and Know-Your-Customer practices.

4.2 Your Obligations

You are not allowed to resell the Nxos services unless otherwise agreed between the parties in writing.
You shall immediately inform Nxos if there is any reason to believe that any information has been incorrectly processed or sent to Nxos.
You shall use best efforts to prevent yourself from being involved to any extent in any actions of money laundering, terrorist financing, sanctions evasion, fraud, or any other illegal activities.
You represent, warrant, and covenant that you shall, during the term of this Agreement, have all necessary rights, authorisations, licences, and permits for your operations, and shall have undertaken and fulfilled all actions and conditions necessary to comply with your obligations under this Agreement.
You represent, warrant, and covenant that you shall comply with all applicable laws, rules, and regulations, including any statutory regulations or guidelines issued by banks, card associations, or any other legal or regulatory authority in relation to payments ("Schemes"), including but not limited to consumer privacy, data security, and any other protection laws. In the event you cannot comply with, or learn that you have not complied with, such laws, you shall immediately notify Nxos.
In the event there is a significant change regarding the commercial condition of your Business Account, if applicable (including, but not limited to, any adverse change in financial position including voluntary or involuntary bankruptcy proceedings), or change of business model, you shall immediately inform Nxos of such change.
You shall notify Nxos immediately of any objections to your Nxos account or any Transaction.
You shall use best efforts to prevent unauthorised use of, or unauthorised access to, the Nxos Services and shall be solely responsible to Nxos for any losses, breaches, or other damages that result from any unauthorised use of, or unauthorised access to, the Nxos Services.

4.3 Types of Accounts

We offer two different types of accounts: a "Personal Account" and a "Business Account" (each, an "Account"). You may have only one Personal Account; however, you may request to have more than one Business Account. Some features of Personal Accounts may be limited based on how you wish to use the Service, how much you need to send, and what we know about you. We may require that you provide more information in order to complete a transaction. Business, commercial, or merchant transactions may not be conducted using Personal Accounts. For each business you are involved with, you may have only one associated Business Account; use is limited based on your verification status. Business Accounts must be applied for and explicitly authorised by Nxos. By opening a Business Account and accepting the terms as outlined in this Agreement, including the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a Business Account primarily for personal, family, or household purposes. We may reverse or place a hold on your transactions, or place a reserve on your funds, if you are in breach of this Agreement, including, but not limited to, using a Personal Account for business purposes or a Business Account for personal, family, or household purposes.

4.4 Identity Authentication

You hereby authorise Nxos, directly or through third parties, to make any inquiries we consider necessary to validate and/or authenticate your identity and account information and, for Business Accounts, your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number, or financial instruments, and verifying your information against third-party databases or through other sources. This process is for internal verification purposes.

4.5 Transaction History

If you have an Account with Nxos, you may view your transaction history by logging into your Account. You agree to review your transaction history through your online account instead of receiving periodic statements by mail.

4.6 Foreign Exchange Services

Where a Transaction involves the conversion of one currency to another (or the conversion of a fiat currency to or from a virtual currency), Nxos will apply the Exchange Rate quoted by it at the time you confirm the Transaction. You acknowledge and agree that:

Exchange Rates are dynamic and move continuously in response to market conditions; they include a spread, margin, or markup that forms part of Nxos's compensation for the Service and may therefore differ from mid-market rates or from rates offered by banks, brokers, or other providers.
The Exchange Rate quoted to you at the time you confirm a Transaction is the rate applied to that Transaction, and once confirmed, the Transaction and the applicable Exchange Rate are final and irrevocable. You bear the risk of any market movement between the time you obtain an indicative rate and the time you confirm the Transaction.
Nxos does not provide investment, hedging, tax, or other advice in connection with foreign exchange Transactions. Foreign exchange involves risk, and you are solely responsible for determining whether any Transaction is suitable for you.
Nxos does not guarantee that any particular Exchange Rate will be available at any future time, and Nxos may cease to quote rates or to support conversions in any currency pair at any time without prior notice.
Any quoted rate that is manifestly erroneous (for example, due to a technical malfunction, data feed error, or "off-market" quotation) may be voided or corrected by Nxos, and any Transaction executed at such a rate may be cancelled or re-priced to a fair market rate, in each case without liability to Nxos.

4.7 Virtual Currency Services

Where the Services include the exchange, transfer, conversion, or custody of virtual currency or digital assets (including, without limitation, cryptocurrencies and stablecoins) (each a "Virtual Currency"), the following additional terms apply:

Supported assets. Nxos supports only the Virtual Currencies and blockchain networks that it designates from time to time. Nxos has no obligation to support any particular Virtual Currency, token standard, or network, and may add, remove, pause, or delist a Virtual Currency or network at any time without prior notice. You must not send unsupported assets to Nxos; any unsupported assets received may be lost or non-recoverable, and Nxos accepts no liability for such losses.
Volatility and market risk. The value of Virtual Currencies is highly volatile and may fluctuate significantly over short periods. You acknowledge that you may lose some or all of the value of any Virtual Currency you hold, exchange, or transfer through the Services, and you accept all such risks. Nxos makes no representation or warranty as to the future value, price, liquidity, or regulatory treatment of any Virtual Currency.
Irreversibility. Virtual Currency Transactions recorded on a blockchain network are generally irreversible. Once a Virtual Currency Transaction has been broadcast to a network, Nxos cannot cancel, reverse, or recall it. You are solely responsible for the accuracy of all destination addresses, memo or tag fields, network selections, and other Transaction details. Transfers sent to an incorrect address, to an incompatible network, or without a required memo or tag may be permanently lost, and Nxos shall have no obligation to recover them.
Network risks. Blockchain networks are operated by decentralised third-party infrastructure over which Nxos has no control. Network congestion, forks, rollbacks, reorganisations, upgrades, outages, 51% attacks, smart contract vulnerabilities, validator failures, or changes in consensus rules may cause delays, loss, or other adverse outcomes. Nxos is not responsible for any loss or damage caused by any such event.
Forks, airdrops, and staking. Nxos is not obligated to support any hard fork, soft fork, airdrop, dividend, token distribution, governance vote, staking reward, yield, or similar event. Any such decision is at Nxos's sole discretion, and you waive any claim to forked assets, airdropped tokens, or other benefits that Nxos elects not to support.
No wallet or custody services. Nxos does not offer wallet, custodial, or stored-value services in respect of Virtual Currency and does not maintain an ongoing Virtual Currency balance on your behalf. Virtual Currency is handled only on a transaction-by-transaction basis: once a Virtual Currency Transaction has been initiated, Nxos or its service providers may receive, hold, or route the relevant Virtual Currency for the limited period required to execute, settle, return, investigate, or comply with applicable law in respect of that Transaction. Any Virtual Currency so received is not a deposit, is not insured, and does not bear interest or yield of any kind. Where Nxos uses third-party infrastructure, custodians, exchanges, liquidity providers, or settlement agents to process a Transaction, you bear the risk of the insolvency, default, or operational failure of any such third party to the extent not covered by applicable law.
No investment advice. Nothing provided by Nxos in connection with the Services constitutes investment, financial, legal, accounting, or tax advice, or a recommendation to buy, sell, or hold any Virtual Currency. You are solely responsible for all decisions you make in connection with Virtual Currency, including tax reporting.
Regulatory risk. The regulatory status of Virtual Currencies is uncertain and varies by jurisdiction. Changes in law, regulation, or policy may adversely affect the Services and the value or utility of any Virtual Currency. Nxos may, without liability, suspend or terminate any Virtual Currency Service at any time if, in its reasonable judgement, continued provision would expose Nxos or its customers to undue legal, regulatory, compliance, or reputational risk.

4.8 Money Transfer and Cross-Border Settlement

Nxos's money transfer and cross-border payout Services may involve multiple financial institutions, payment networks, correspondent banks, payout agents, and blockchain networks, any of which may impose their own rules, cut-off times, and fees.

Delivery times are estimates. Any delivery or settlement time communicated by Nxos is an estimate only. Actual settlement may be affected by banking hours, statutory holidays, cut-off times, time zones, intermediary bank processing, network congestion, sanctions screening, enhanced due diligence reviews, incomplete beneficiary information, force majeure events, and other factors beyond Nxos's control. Nxos does not guarantee any specific delivery time.
Intermediary deductions. Intermediary or correspondent banks, payout agents, or beneficiary banks may deduct their own fees or apply their own exchange rates before the funds are credited to the beneficiary. The amount ultimately received by the beneficiary may accordingly be less than the amount sent. Nxos is not responsible for such deductions and, unless required by law, shall not be liable to compensate you for them.
Beneficiary details. You are solely responsible for the accuracy of the beneficiary information you provide, including name, account number, IBAN, SWIFT/BIC, wallet address, memo/tag, routing code, and network. Nxos may rely on beneficiary identifiers without independent verification. Transfers sent using incorrect or incomplete details may be delayed, returned, rejected, or permanently lost.
Returns and recalls. Where a Transaction is returned, recalled, or rejected by a beneficiary institution, payout agent, or network for any reason, Nxos will credit the returned amount to your Account once it has actually received the returned funds, net of any intermediary deductions, Nxos Fees, and applicable taxes. Any Exchange Rate loss between the original Transaction and the return is for your account.
Compliance holds. Nxos may, in its sole discretion and without liability, delay, hold, screen, decline, or reverse any cross-border Transaction where Nxos reasonably believes doing so is necessary or appropriate to comply with applicable law, sanctions programmes, or internal risk and compliance policies, or where it is required or requested to do so by any Regulatory Authority or correspondent institution.

5. Sending Limits

We may, at our discretion, impose limits on the amount of money you can send or receive through the Nxos Service. Please see our help centre and FAQs for more details on limits. If we have authenticated your identity, we may increase your sending and/or receiving limits. These limits may change from time to time at Nxos's sole discretion.

6. Transaction Funding

Because Nxos does not offer wallet or stored-value services, each Transaction must be funded, in full, from a funding source that you designate and that Nxos has approved for use with the Services. Approved funding sources may include a bank account, debit card, credit card, wire transfer, Electronic Funds Transfer ("EFT"), Pre-Authorised Debit ("PAD"), incoming wire or blockchain transfer, or such other funding sources as Nxos may from time to time support (each, a "Funding Source"). When you initiate a Transaction, you authorise Nxos to debit, pull, or otherwise collect the full Transaction amount, together with any applicable Fees and taxes, from the Funding Source you have designated. A Transaction will only be processed once Nxos has actually received cleared and final funds from the Funding Source in an amount sufficient to cover the Transaction, the applicable Fees, and any reserve or buffer amount Nxos may reasonably require. Nxos does not hold, credit, or carry any unused portion of the funds received in connection with a Transaction: once the Transaction is completed, returned, or cancelled, any remaining amounts are either paid out to the designated beneficiary, returned to the Funding Source, or otherwise dealt with in accordance with this Agreement.

6.1 Funding Source Limitations

In order to manage risk, Nxos may limit the funding sources available for your use. For example, we may limit your funding sources for a particular transaction to debit cards or your current account. Please note that the various funding sources have different dispute resolution means should your transaction turn out to be unsatisfactory.

6.2 Bank Transfers

Where your bank account is used as your funding source, you are requesting that we initiate on your behalf an electronic transfer from your bank account. For these transactions, Nxos will make electronic transfers from your bank account in the amount you specify. You agree that such requests constitute your authorisation to the Company to make the transfer, and once you have provided your authorisation for the transfer, you will not be able to cancel the electronic transfer. Nxos may resubmit any debit you authorised that is returned for insufficient or uncollected funds, except as otherwise provided by applicable law.

If you use your credit or debit card as a Funding Source for a Transaction, the card issuer may view such transactions as a cash advance and charge a fee. Nxos will not be held liable for such charges and you take on sole responsibility for honouring such charges.

6.3 Refunded Transactions

When you send money, the recipient is not required to accept it. You agree that you will not hold Nxos liable for any damages resulting from a recipient's decision not to accept a payment made through the Service. A recipient of Nxos funds may not immediately accept funds; during this period, a hold will be placed on your account for the amount of the transfer and the applicable fee, if any. Once the recipient has successfully accepted the transaction, transfers will automatically be debited from your account and credited to the recipient's account. You also have the option of cancelling your payment at any time using the Service before acceptance by the recipient. If a payment is unclaimed, denied, or refunded for any reason, Nxos will, once it has actually received the returned funds, return them to the original Funding Source (or, where that is not reasonably possible, to another Funding Source or payout destination that you designate and that Nxos approves), in each case net of any applicable Fees, intermediary deductions, and Exchange Rate differences.

6.4 Card Processing

Nxos will process your debit or credit payment card funded transactions through either the payment card's ATM debit network or the Visa/Mastercard network, as Nxos may elect at its discretion.

6.5 Card Information

If your payment card account number changes or your payment card expiration date changes, we may acquire that information from our financial services partner and update your account.

7. Fees and Limits for Sending and Receiving Money

You may use the Services to send money funded by an approved Funding Source. Fees charged may change from time to time at Nxos's sole discretion. You may be subject to third-party fees, such as insufficient funds fees, reversal fees, or other fees that a bank may charge if your payment is rejected.

Nxos may also, at its sole discretion, impose daily, weekly, or monthly limits on the amount of money that can be sent or received through the application. These limits are usually, though not always, based on local regulations.

8. Payment Investigation

Payment investigation is a process by which Nxos reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, the Company will place a hold on the payment and may provide notice to the recipient. The Company will conduct a review and either clear or cancel the payment. If the payment is cleared, the Company will provide notice to the recipient. Otherwise, if the Company is permitted by laws and regulations, the Company will cancel the payment and return the funds (minus any applicable fees). The Company will provide notice to you by email and/or in the account history tab of your Nxos account if the payment is cancelled.

9. Risk of Reversals, Chargebacks, and Claims

When you receive a payment, you are liable to Nxos for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees, if you lose a claim or a chargeback, or if there is a reversal of the payment. If a sender of a payment later disputes the payment or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not Nxos, will determine whether the dispute is valid and to whom the payment is due. You agree to allow Nxos to recover any amounts due to Nxos by debiting any Funding Source you have designated (whether the original Funding Source used for the Transaction or any other Funding Source then linked to your Account), by netting against any funds otherwise owing to you by Nxos in respect of any other Transaction, or by invoicing you. If Nxos is unable to recover the funds from your Funding Source(s), Nxos will attempt to contact you. Nxos may take any other legal action to collect the amount due, to the extent allowed by applicable law.

10. No Stored Value; No Wallet Services

Nxos does not offer wallet, e-wallet, stored-value, prepaid, or deposit-taking services and does not hold customer balances. You acknowledge and agree that your Nxos Account is not a bank account, a payment account that stores funds, or any form of deposit or investment account, and that Nxos is not authorised to accept or hold funds on deposit. Any reference in this Agreement or in the Services to your "balance", "account balance", "funds in your Account", or similar expressions shall be interpreted accordingly and shall not be construed as creating a stored-value, wallet, or deposit relationship.

From time to time, and only for the limited period required to execute a Transaction, Nxos or its service providers may receive, route, hold, convert, or settle funds that are in transit in connection with a Transaction, or may hold funds that are the subject of a return, chargeback, reversal, investigation, dispute, reserve, or compliance hold in accordance with this Agreement (collectively, "In-Transit Funds"). In-Transit Funds are held by Nxos or its service providers as a service provider and not as a trustee, fiduciary, or deposit-taker. While handling In-Transit Funds, Nxos will keep them separate from its own corporate operating funds in accordance with applicable law and its internal policies, and may commingle them in pooled accounts or wallets in Nxos's name with the In-Transit Funds of other users. Nxos will not voluntarily make In-Transit Funds available to its creditors in the event of its insolvency.

In-Transit Funds are not deposits, are not insured by the Canada Deposit Insurance Corporation (CDIC), are not protected by any securities investor protection scheme, and do not bear interest, yield, or any other earnings. You irrevocably assign to Nxos any interest, yield, rebate, or similar earnings that may accrue on any In-Transit Funds or on the pooled accounts in which In-Transit Funds are held, to the extent permitted by applicable law. Nothing in this Agreement grants Nxos any ownership right to the principal amount of any In-Transit Funds.

11. Setoff of Past Due Amounts

If you have, for whatever reason, a past due amount owed to Nxos, Nxos may, without further notice, setoff the amount against any Funding Source then linked to your Account, against any In-Transit Funds then handled by Nxos in connection with any of your Transactions, and against any amount otherwise owing to you by Nxos. If Nxos is unable to recover the funds, Nxos will attempt to contact you. Nxos may take any other legal action to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law and in accordance with the Pre-Authorised Debit section below.

12. Pre-Authorised Debit ("PAD")

Nxos may, in its reasonable judgement, temporarily adjust the amount remitted to you and/or the remittance frequency as security against existing or anticipated credit risk, fraudulent activity, future chargebacks, or other suspicious activities associated with your use of the Nxos Service, or if required by law or court order, upon notification to you via email. If the amount of any deductions exceeds the sum indicated on your Account, the amount remaining and owed to Nxos shall be due and payable by you to Nxos, and you authorise Nxos to debit your bank account (if applicable) for the amount due.

You acknowledge that any withdrawal by Nxos in accordance with this Agreement is a debit as defined under Rule H1 of the Payments Canada rules (a "Pre-Authorised Debit" or "PAD") for business purposes, and you waive the right to receive advance notice of these debits. Your authorisation for a PAD shall remain in effect after termination of this Agreement and until all of your obligations to Nxos have been paid in full. If you change your bank account at any time during the term of this Agreement, or at any time after the term before all of your obligations to Nxos have been paid in full in Nxos's sole discretion, the PAD authorisation shall also apply to the new bank account.

To secure your performance of this Agreement, you hereby grant to Nxos a lien on and security interest in your account, and agree to execute any further documentation to perfect these rights. You authorise Nxos to debit your account for fees payable to Nxos. You acknowledge that any withdrawal by Nxos in accordance with this Agreement is a PAD for business purposes, and you waive the right to receive advance notice for these debits or credits. Alternatively, if Nxos is unable to debit owed amounts, Nxos reserves the right to invoice you for any such amounts, which amount shall be due and payable thirty (30) days after the invoice date, or on such earlier date as may be specified. You have certain recourse rights if any debit does not comply with this Agreement. For example, you have the right to receive reimbursement for any debit that is not authorised or is not consistent with this PAD authorisation. To obtain more information on your recourse rights, contact your financial institution or visit www.payments.ca.

13. Closing Your Account

13.1 How to Close Your Account

As long as there are no pending or in-progress Transactions, you may close your Account at any time by contacting Nxos in writing or via email and requesting that your Account be closed. You may send an email to [email protected]. Because Nxos does not hold stored balances, there is typically no balance to return on closure. If, however, at the time of closure any In-Transit Funds remain in Nxos's hands in respect of a pending, returned, held, or investigated Transaction, Nxos will, once such funds have been cleared, finally settled, and netted against any Fees, liabilities, or amounts owing to Nxos, return them to a Funding Source or payout destination that you designate and that Nxos approves. Settlement will not be made in cash under any circumstances. Customer information will be retained by Nxos for a minimum period of five (5) years, or for such longer period as may be required by applicable laws and regulations (including the PCMLTFA).

13.2 Limitations on Closing Your Account

You may not close your Account to evade a payment investigation, a dispute, a chargeback, a reversal, a reserve, a compliance hold, or any obligation to Nxos. If you attempt to close your Account while Nxos is conducting an investigation, or while any Transaction remains pending, unsettled, disputed, or under review, Nxos may continue to hold any In-Transit Funds relating to that Transaction for up to 180 days (or such longer period as may be required by applicable law) in order to protect Nxos or any third party against the risk of reversals, chargebacks, claims, fees, fines, penalties, or other liabilities. You will remain liable for all obligations related to your Account even after the Account is closed.

14. Transaction Holds and Reserves

Nxos, in its sole discretion, may place a hold on any In-Transit Funds relating to a Transaction you have initiated or that is intended to be paid to you through the Services, when Nxos believes there may be a high level of risk associated with the Transaction, or where a hold is required or advisable for legal, regulatory, sanctions, fraud, chargeback, or compliance reasons. If Nxos places a hold on a Transaction, it will show as "pending" in your Account.

14.1 Release of Hold

Nxos will release In-Transit Funds that are the subject of a hold after 21 days unless Nxos receives a dispute, claim, chargeback, reversal, or regulatory inquiry in respect of the Transaction, or where a longer hold is required by applicable law or Nxos's internal policies. Nxos may release the hold earlier if the sender provides satisfactory confirmation, Nxos is able to confirm proper delivery, or Nxos otherwise completes its investigation.

14.2 Additional Hold Period

If a dispute, claim, chargeback, reversal, or investigation is raised in respect of a Transaction subject to a hold, Nxos may continue to hold the relevant In-Transit Funds until the matter is resolved pursuant to this Agreement and applicable law.

14.3 Reserves

For high-volume Accounts, including Business Accounts, Nxos may, in its sole discretion, require you to post and maintain a reserve out of In-Transit Funds, incoming settlement amounts, or a separately funded collateral deposit, when Nxos believes there may be a high level of risk associated with your Account. If your Account is subject to a reserve, Nxos will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of amounts processed through your Account be held back for a certain period of time, that a certain amount be held as a rolling reserve, or anything else that Nxos determines is necessary to protect against the risk associated with your Account. Nxos may change the terms of the reserve at any time by providing you with notice of the new terms.

15. Termination

Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Nxos account(s) by you or, if you are a business entity, its parent, affiliates, or subsidiaries, or their successors.

16. Rules and Restrictions for Personal Accounts

The following Rules and Restrictions for Personal Accounts apply to your use of a Personal Account under this Agreement.

16.1 Receiving Money

Limits are set on a case-by-case basis according to your financial profile. These limits may change from time to time in Nxos's sole discretion.

16.2 Error in Receiving Money

In the event of an error, you give Nxos permission, subject to Nxos's compliance with applicable law, to make appropriate corrections by debiting or crediting the relevant Funding Source(s) or payout destination(s) associated with the affected Transaction.

16.3 Loss or Theft of Account Information, PIN, or Mobile Device

If you believe that any of your Nxos account registration information, PIN, or your mobile device containing the Nxos account has been lost or stolen, or if your account history shows transfers that you did not make, you must immediately contact Nxos via the Contact Us information tab or by email at [email protected].

16.4 Account Errors

If your account history shows transfers that you did not make, you must immediately contact Nxos via the Contact Us tab or by email at [email protected]. If you do not contact Nxos within 60 days after the account history showing when the unauthorised transfer was made, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. "Business days" include all days that are determined as working days by Canadian law.

YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORISED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD OR OTHER LOGIN CREDENTIALS. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

17. Rules and Restrictions for Business Accounts

The following Rules and Restrictions for Business Accounts apply to your use of a Business Account under this Agreement.

17.1 Limits

There are limits on the amount you may send or receive using the Service in a given time frame. Limits are set on a case-by-case basis according to the client's financial profile. These limits may change from time to time at Nxos's sole discretion, and the requirements to lift or change those limits may vary based on product usage and/or local regulatory requirements.

17.2 Error in Receiving Money

17.3 Credit Authorisation

If you open a Business Account, you are providing us with written instructions and authorisation to obtain your personal and/or business credit report from a credit bureau. You are also authorising us to obtain your personal and/or business credit report (a) when you upgrade your Personal Account to a Business Account, or (b) at any time we reasonably believe there may be an increased level of risk associated with your Business Account. An increased level of risk includes, but is not limited to, a high number of chargebacks or reversals, or suspicious activity associated with your account.

17.4 Representations

If you are a business entity, you represent that you are duly authorised to do business in your jurisdiction of registration, and that your employees, officers, representatives, and other agents accessing the Service are duly authorised to access the Service and to legally bind you to this Agreement and all transactions conducted under your username and password.

17.5 Authority of Officers and Employees

If you are a business entity, you agree that all officers, employees, agents, representatives, and others having access to the username and/or password shall be vested by you with the authority to use the Service and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives, and others, regardless of whether authorised by you, that access the Service using your username and password.

18. General Terms and Conditions

The following are general terms and conditions that apply to the Service.

18.1 Notices to You

You agree that Nxos may provide notice to you by posting it on our Website (including, but not limited to, rules for companies operating a Money Services Business, Privacy Policy, and security statement documents), or, if we have your email address or street address, by emailing it to the email address listed in your account or mailing it to the street address listed in your account. Such notice shall be considered to have been received by you within 24 hours of the time it is posted to our Website or emailed to you, unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you seven business days after it is sent. Nxos's business days include all days determined as such by Canadian law. We may also provide notice when you access your Nxos account. If we make material changes to this Agreement, we will provide 10 days' notice to you before the changes become effective. You acknowledge and agree that we will provide the notice to you. If you do not consent, or at any time withdraw your consent, to receive electronic notices from us, we reserve the right to close your accounts.

18.2 Notices to Nxos

Notices to Nxos must be sent by email to [email protected], or by postal mail to Nxos Finance Ltd. at its registered office in British Columbia, Canada. The current registered office address is available upon request from [email protected].

18.3 Calls to You

By providing Nxos a telephone number (including a wireless/cellular telephone), you consent to receiving autodialled and prerecorded message calls from Nxos at that number should the need arise. However, we will never call you for promotional purposes.

18.4 Nxos Websites

The Nxos websites may feature third-party offers and enable product searches. Nxos does not warrant that product descriptions, pricing, search results, user ratings and reviews, or any other content on Nxos websites is accurate, complete, reliable, or current. This information is provided for informational purposes only and does not constitute an endorsement by Nxos of any product, service, or vendor.

18.5 Intellectual Property

"Nxos", the Nxos logo, and all related logos, products, and services described on our Website and mobile applications are either trademarks or registered trademarks of Nxos or its licensors. You may not copy, imitate, or use them without Nxos's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Nxos. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Nxos through our vendor services, SMS tools, promotional tools, or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the Service. You may not alter, modify, or change these HTML logos in any way, use them in a manner that is disparaging to Nxos or the Service, or display them in any manner that implies Nxos's sponsorship or endorsement. All right, title, and interest in and to the Nxos Website and any content thereon is the exclusive property of Nxos and its licensors. Certain other product or service names, brand names, and company names may be trademarks of their respective owners.

18.6 Taxes

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. Nxos is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.

18.7 Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you receive information about another Nxos account user through the Service, you must keep the information confidential and only use it in connection with the Service. You may not disclose or distribute a Nxos user's information to a third party, or use the information for marketing purposes, unless you receive the user's express consent to do so.

18.8 Restricted Activities

In connection with your use of our Website, your account, or the Service, or in the course of your interactions with Nxos, a user, or a third party, you will not:

breach this Agreement or any other agreement that you have entered into with Nxos (including any policy);
violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising);
infringe Nxos's or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy;
act in a manner that is defamatory, trade libellous, unlawfully threatening, or unlawfully harassing;
provide false, inaccurate, or misleading personal or business information;
create more than one Nxos account for yourself, including, among other methods, by using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified personal or business information;
send or receive what we reasonably believe to be potentially fraudulent funds;
refuse to cooperate in an investigation or provide confirmation of your identity or any personal information you provide to us;
attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both Nxos and the bank or credit card issuer for the same transaction;
use an anonymising proxy;
control an account that is linked to another account that has engaged in any of these restricted activities;
control or possess more than one Business Account without authorisation from Nxos;
conduct your business or use the Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability to Nxos, a user, a third party, or you;
use the Service to make transactions for the purpose of earning rewards, perks, miles, points, or similar benefits with your credit card, debit card, or bank account;
use your account or the Service in a manner that Nxos, Visa, Mastercard, American Express, or Discover reasonably believes to be an abuse of the credit card system or a violation of credit card association rules;
provide yourself a cash advance from your credit card (or help others to do so);
send unsolicited email to a user or use the Service to collect payments for sending, or assisting in sending, unsolicited email to third parties;
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 any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission, or use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Service;
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
use the Service to test credit card behaviours.

18.9 Acceptable Use

You agree you will not use the Service to violate any law, statute, ordinance, or regulation relating to sales of:

counterfeit goods;
narcotics, steroids, certain controlled substances, or other products that present a risk to consumer safety;
drug paraphernalia;
items that encourage, promote, facilitate, or instruct others to engage in illegal activity;
items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
items that are considered obscene;
items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction;
certain sexually oriented materials or services, ammunition, firearms, certain firearm parts or accessories, or certain weapons or knives regulated under applicable law.

You agree you will not use the Service to facilitate transactions that:

show the personal information of third parties in violation of applicable law;
support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes, or multi-level marketing programs with no viable product or service;
are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card;
are for the sale of certain items before the seller has control or possession of the item;
are by payment processors to collect payments on behalf of merchants;
provide certain credit repair or debt settlement services;
involve the sale of products or services identified by government agencies as having a high likelihood of being fraudulent.

You agree you will not use the Service to facilitate transactions related to the sale of:

tobacco products;
prescription drugs and devices;
gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as a lottery), and sweepstakes, unless the operator has obtained prior approval from Nxos and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law;
credit repair or debt settlement services not permitted by law.

18.10 Legal Compliance

You are solely responsible for ensuring that your use of the Service is in conformance with applicable local laws and regulations. By using the Service, you warrant and represent that (i) you are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a "terrorist supporting" country; and (ii) you are not listed on any Canadian Government list of prohibited or restricted parties, nor on any analogous list maintained by the United Nations Security Council, the United States (including OFAC), the European Union, the United Kingdom, or any other applicable sanctions authority.

18.11 Your Liability

You are solely responsible for ensuring that your use of the Service is in conformance with applicable federal, state, provincial, and local laws and regulations. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, and other liability incurred by Nxos, a Nxos user, or a third party caused by or arising out of your breach of this Agreement and/or your use of the Service. You agree to reimburse Nxos, a user, or a third party for any and all such liability.

You acknowledge that you are responsible for the accuracy of all payments sent using the Nxos Service, including but not limited to the accuracy of the amount paid and the recipient. Nxos shall not be responsible or in any way held liable for inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.

18.12 Actions by Nxos

If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement, or provided any incorrect information, we may take various actions to protect Nxos, another Service user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties, and any other liability. The actions we may take include, but are not limited to, the following:

we may close, suspend, or limit your access to your Account or the Service (such as limiting your ability to initiate or receive Transactions, or to use any of your Funding Sources linked to the Account);
we may contact users who have sent you money, contact your bank or credit card issuer, and 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 our services to you in the future;
we may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and
we may take legal action against you.

Nxos, in its sole discretion, reserves the right to terminate this Agreement, or suspend or terminate your access to the Website or to the Service, for any reason and at any time upon notice to you.

18.13 Account Closure, Termination of Service, or Limited Account Access

If we limit or close your account or terminate your use of our Service for any reason, you may contact us and request restoration of access if appropriate. We may restore your account or use of our Services at our sole discretion. You may stop using the Service at any time, or may close your accounts by contacting us. Nxos, in its sole discretion, reserves the right to terminate the Services, to terminate this Agreement, or to terminate your access to the Services for any reason and at any time. If we terminate or limit your use of our Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.

18.14 Effects of Termination

Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) allow all pending Transactions to complete, return, or settle in accordance with this Agreement, and (ii) stop accepting or initiating new Transactions through the Service. Any In-Transit Funds remaining in Nxos's hands after termination will be dealt with in accordance with Section 13 (Closing Your Account), net of any Fees, fines, or other amounts owing to Nxos.

In addition, upon termination you understand and agree that (i) all licences granted to you by Nxos under this Agreement will end; and (ii) you are still liable to us for any fees, fines, or other financial obligation incurred by you or through your use of the Services prior to termination.

18.15 Disputes with Nxos

If a dispute arises between you and Nxos, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Nxos regarding our Services may be reported by emailing us at [email protected].

18.16 Choice of Forum and Governing Law

This Agreement shall be interpreted and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The parties agree that the courts of British Columbia shall have the jurisdiction to entertain any action or other legal proceedings based on any provisions of this Agreement. Each party attorns to the jurisdiction of the courts of the Province of British Columbia.

18.17 Waiver of Right to Jury; Class Action Waiver

To the extent allowed by law, you agree to irrevocably waive any right you may have to a trial by jury or other court trial (other than a small claims court), or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding filed against us and/or related third parties.

18.18 Disclaimers of Warranty; Damages Exclusions

Unless otherwise prohibited by law, you assume all responsibility for your use of the Nxos Service, and any other service provided under this Agreement, and use it at your own risk. To the fullest extent permissible under applicable law, all representations, warranties, guarantees, and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law, or in equity. Nxos does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services, or the servers that process information for the Services, are free of viruses, bugs, or other harmful components. On behalf of Nxos, Covered Third Parties, and each of our respective affiliates, vendors, agents, and suppliers, Nxos makes the following disclaimers: the Services are provided on an "as is", "as available", and "with all faults" basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied, or statutory, including, but not limited to, any warranty as to the use or operation of the Services, or the information, content, or other materials related to the Service, whether provided by Nxos or any of the Covered Third Parties. Neither Nxos nor any of the Covered Third Parties warrant or make any representations regarding the use or the results of the Service in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the Services, including, but not limited to, your mobile phone or other device.

NXOS IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE NXOS APP, AND YOU AGREE TO HOLD NXOS HARMLESS AND INDEMNIFY NXOS FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.

For the Nxos Services, Nxos will make reasonable efforts to ensure that all requests for electronic debits and credits involving bank accounts, credit cards, Funding Sources, and payout destinations are processed in a timely manner, but Nxos makes no representations or warranties regarding the amount of time needed to complete processing, as Nxos is dependent upon many factors outside of its control, such as delays in the banking system or in Canadian or international mail services.

FOR JURISDICTIONS THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

18.19 Limitations on Liability

In no event will Nxos, its affiliates, or their respective directors, officers, employees, or agents be liable (with the exception of Nxos's gross negligence or wilful misconduct) for any incidental, direct, indirect, special, or consequential damages (including, without limitation, damages for personal injury, loss of profits or sales, business interruption, loss of business information, data loss, or any other pecuniary loss) in connection with or arising out of this Agreement, whether caused by circumstances beyond its control (including, without limitation, computer, utility, or remuneration breakdown) or otherwise.

Except as otherwise expressly provided in this Agreement, and to the extent permissible under applicable law, Nxos's cumulative liability to you for any claims or damages arising out of or related to your use of the Nxos Service shall not exceed the Fees you paid to Nxos for the last 12 months of Services. For clarity, amounts you pay to fund a Transaction (including the principal amount being sent, exchanged, transferred, or converted, any Exchange Rate spread, and any intermediary or third-party charges) do not constitute "Fees" under this Agreement.

18.20 Licence Grant

Certain Services require the use of software and software applications provided to you by Nxos (collectively, the "Software"). Nxos and its licensors grant you a limited, non-exclusive licence to use Nxos's software that we provide to you solely in accordance with this Agreement and any user documentation we may provide, including all updates, upgrades, new versions, and replacements of the Software (all of which become part of the "Software") for your personal use only in accordance with this Agreement. If the Software will be downloaded to a mobile device, this licence extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use or Google Play Store Terms of Use). You may not rent, lease, or otherwise transfer your rights to the Software to a third party. You must comply with the implementation and use requirements for the Software as contained in this Agreement or in any Services documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Nxos, or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile, or otherwise attempt to create any source code which is derived from the Software. You acknowledge that all rights, title, and interest to Nxos's software are owned by Nxos. Your rights to use the Software cease immediately upon termination of this Agreement, and you must delete all of your copies of the Software.

18.21 Indemnification

You agree to defend, indemnify, and hold harmless Nxos and its parent, affiliates, officers, directors, and employees from any claim or demand (including any damages, losses, expenses, and attorney's fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Service.

18.22 Assumption of Rights

If Nxos makes a payment to you for a claim, reversal, or chargeback that you file with us against a recipient of your payment, you agree that Nxos assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, at Nxos's discretion.

18.23 Release of Nxos

If you have a dispute with one or more Nxos Service users, Nxos is not responsible for any such dispute, and you hereby release Nxos (and our officers, directors, agents, joint venturers, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

18.24 Modification of Terms

We may amend this Agreement at any time by posting a revised version on our Website. The revised version will be effective at the time we post it. By using the Services after a new Agreement has been posted, you agree to the revised Agreement.

18.25 Survival

In the event of termination of this Agreement or the Service, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.

18.26 Force Majeure

We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, sanctions, pandemic or epidemic outbreaks, labour difficulties, failure of our power, telecommunications, or other suppliers, cyber attacks, blockchain network disruptions, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.

18.27 Miscellaneous

This Agreement and other documents (including, but not limited to, the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain your and our entire Agreement regarding your use of the Service. If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement. Any legal action arising out of your use of the Service must be brought within one year after the cause of action has arisen. The section headings in this Agreement are for convenience of reference only and are not to be considered as parts, provisions, or interpretations of this Agreement. You may not transfer or assign any rights or obligations you have under this Agreement without Nxos's prior written consent. Nxos reserves the right to transfer or assign this Agreement, or any right or obligation under this Agreement, at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

18.28 Independent Contractors

The parties agree that they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint venturers, or otherwise as joint associates for profit.

18.29 Language

It is the express wish of the parties that this Agreement and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais.

19. Contact

If you have questions about this Agreement or the Services, please contact us at [email protected].

Nxos Finance Ltd. (formerly 1539285 B.C. LTD, Incorporation No. BC1539285) is a federally registered Money Services Business (MSB) with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), registration number C10001343. The Company is authorised to conduct foreign exchange dealing, money transferring, virtual currency transactions, and payment services in compliance with Canadian AML/ATF regulations.