TERMS AND CONDITIONS OF USE

1. OVERVIEW OF PAYSAVO’S BUSINESS

Paysavo (“Company”) currently offers a range of services to its Users:

• Multi-Currency Wallet: A digital wallet that supports multiple currencies, allowing Users to store, send, and receive funds in various currencies.
• Forex Exchange: Allows Users to exchange different fiat currencies at competitive rates.
• Bill Payment APIs: Provides APIs for businesses to integrate bill payment functionalities into their services.
• Merchant Payment Solutions: Offers solutions for merchants to accept payments in various forms, including digital currencies.
• Crypto Exchange Services: Enables Users to exchange various cryptocurrencies.
• Agent Module: Allows agents to facilitate transactions on behalf of Users.
• International Money Transfer: Provides services for transferring money internationally.
• Debit Cards: Offers debit cards linked to Users' accounts for easy access to funds.
• Banking as a Service (BaaS): Provides financial institutions and businesses with the infrastructure to offer banking services.

At this time, all Users of Company must have Canadian bank accounts to use our Services. Company does not accept any physical cash, cheques, or money orders. Company only accepts funds transferred directly from a bank via e-transfer or wire transfer.

Company is not responsible or liable for any customer funds and directs any digital money to customer-owned bank accounts. Company acts as the counterparty for every trade and does not guarantee the value of the digital assets.

2. DEFINITIONS

• Account: The user account you must register for, in order to use the Services.
• Digital Asset: Any digital representation of value or contractual rights that can be transferred, stored, or traded electronically, including cryptocurrencies and digital tokens.
• Forex Service: The service provided by the Company allowing Users to exchange different fiat currencies at predetermined rates established by the Company.
• Paysavo, Company, we, us, or our: Paysavo Inc. or any of its affiliates or subsidiaries.
• Paysavo Content: Any text, sound, graphics, trademarks, service marks, logos, taglines, trade names, and other material owned by us or our licensors and made available through the Services.
• Paysavo Site: The website www.paysavo.com, any of our associated websites, or mobile applications.
• Parties: You and us.
• Personal Information: Has the meaning set out in the Privacy Statement.
• Privacy Statement: The privacy statement which can be viewed at Privacy Statement.
• Prohibited Businesses: Those categories of businesses, business practices, and sale items which are barred from using our Services, as described in Appendix A.
• Prohibited Uses: The activities listed in Appendix A that you are not permitted to engage in through your Account or in connection with the Services.
• Representatives: Us and our affiliates, business partners, licensors, agents, content providers (not including you), service providers, employees, personnel, officers, directors, and representatives.
• Services: The range of financial services provided by the Company, including but not limited to Multi-Currency Wallet, Forex Exchange, Bill Payment APIs, Merchant Payment Solutions, Crypto Exchange Services, Agent Module, International Money Transfer, Debit Cards, and Banking as a Service.
• Submissions: Any unsolicited idea, suggestion, or other material in any format.
• Terms: These Paysavo Terms and Conditions of Use (including, for greater certainty, the Privacy Statement).
• User: An individual or legal entity that is licensing the Services for its own use.
• You or your: (i) The individual if the individual is licensing the Services for his or her personal use; or (ii) The corporation, institution, partnership, organization, or other entity on whose behalf the individual accepting these Terms is acting.
• Your account: Refers to your Account as defined above, created in accordance with these Terms.
• Your content: Any text, sound, graphics, or other material which you post, upload, or otherwise share on or through the Services.

3. ACCEPTING THESE TERMS

Please read these Terms before using the Services. If you do not agree to these Terms, you may not use the Services. When you use the Services, you represent and warrant that you have the legal capacity to form a binding contract with us and are doing so by your agreement to these Terms. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us, occur electronically.

Please be aware that your consent to the electronic delivery of disclosures is required to open an account or use any of the Services. If you are unable or unwilling to provide such consent, you will not be able to open an account. This consent applies to any and all communications and/or disclosures that the Company is legally required to provide to you in writing in connection with your account and any Services. You may withdraw your consent to receive electronic communications at any time by sending us a written request by email to support@paysavo.com. Any withdrawal of your consent to receive electronic communications will be effective only after the Company has had a reasonable period of time to process your withdrawal. You understand that withdrawing your consent to electronic communications will likely result in the closure of your account.

From time to time, and at our sole and absolute discretion, we may require you to agree to an amended version of these Terms by providing notice to you at least thirty (30) days in advance of effecting such amendment. If you do not agree with the amended version, you can choose to discontinue using the Services, and close your account before such amended version becomes effective. Continued use of our Services, after being provided with notification of updated Terms, constitutes an acceptance of the amended Terms and an agreement to be bound by them.

In order to use the Services, and prior to us opening your account, you must first provide the required identification information, to our satisfaction, pursuant to our Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) compliance policy (“Anti-Money Laundering Policy”). You shall ensure that neither you nor any of your affiliates, Users, and/or partners are engaged in money laundering activities or any other illegal activities. You shall comply with applicable law in your jurisdiction, including the laws and regulations of Canada and all laws and regulations regarding anti-money laundering, anti-terrorist financing, money transfer, and remittance, and shall abide by the applicable law in the jurisdiction where accounts are settled.

We have engaged Equifax Canada Co. (“Equifax”) to assist us in verifying your identification information. To verify your identity, your personal information will be matched with the information contained in your Credit File Report. By clicking “I agree” and submitting your information, you confirm your consent to Equifax collecting, using, disclosing, and storing your personal information for the purpose of this verification. This is a soft inquiry and will not affect your credit score or be visible to other financial institutions.

If you accept these Terms on behalf of a legal entity, you confirm that you are an authorized officer of that legal entity and have the authority to enter into agreements for and on behalf of that legal entity.

4. PRIVACY

We respect your right to privacy. All information that we may collect via the Services is subject to our Privacy Statement. The Privacy Statement is incorporated by reference into these Terms.

5. PERMITTED USERS, LICENSES AND COMPLIANCE WITH LAWS

You must be at least 18 years of age or older and the age of majority for using the Services in the jurisdiction in which you reside as of the time you use the Services.

The Services are intended for use from locations where such Services are legal. Any use by you of the Services from a location where the services are illegal is expressly prohibited. As well, you will not engage in any Prohibited Businesses or Prohibited Uses stated within these Terms, as set out in Appendix A of these Terms.

Subject to these Terms, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to use the Services, including the content therein and the services accessible through them solely for the purposes set out by the Services. You are also granted a limited, non-exclusive right to create a hyperlink to the Services, other than to those portions of the Services where registration is required. Other than as set out in this paragraph, nothing in these Terms gives you any license, right, title, or ownership of, in, or to the Paysavo Site or the Services.

You agree to abide by all applicable laws in connection with your use of the Services, including those related to intellectual property rights, privacy, data protection, anti-money laundering and counter-terrorist financing, securities, criminal, international communications and the transmission of technical or personal data.

The Services may be used only for lawful purposes and in a lawful manner.

All rights not expressly granted to you are reserved by Company and, if applicable, its licensors.

Use of the Services may require internet and data access for which you shall be responsible and subject to your internet access provider terms and conditions of use. In no event shall Company be liable for any internet or data access fees or other charges incurred by you in connection with your use of the Services. Any such fees and charges shall be your sole responsibility.

The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications, or other such events like fires, power failures, labor strife, riots, war, and non-performance of our vendors or suppliers. Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.

6. COPYRIGHT AND INTELLECTUAL PROPERTY

You retain ownership of all your content that you post, upload to, or otherwise share on the Paysavo Site and/or in connection with the Services. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide, and perpetual license to use, copy, reproduce, create derivative works from, and display your content in connection with the Services.

All Paysavo Content, the selection, compilation, arrangement, and presentation of all materials, and the overall design of the Services are copyrighted by us or our licensors, and are protected by Canadian and international intellectual property laws. Use of the Paysavo Content without our express prior written permission is strictly prohibited.

“Paysavo” logo, and any other trademarks used on the Services are trademarks or registered trademarks of Paysavo or its licensors, in Canada and other countries. Our trademarks may not be used in connection with any product or service without our express written permission.

Subject to any applicable law (and, in the case of Personal Information, the requirements of Section 4, Privacy), any communications that you send or which are sent to you via the Services, whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and disclose the content of any such communication, including any ideas, inventions, concepts, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trademark, patent, unfair competition, moral rights, or implied contract). If you send Submissions to us or otherwise in connection with your use of the Services, you automatically grant to us and our successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our successors or assigns.

You waive all author’s moral rights in your content and Submissions (including the right to be associated with your content or Submission) upon submission, as well as the right to receive any financial or other consideration in connection with your content and Submissions.

7. USE RESTRICTIONS AND PROHIBITED CONDUCT

When using the Services, you agree not to do any of the following:

• Threaten other Users with violence.
• Use hateful, abusive, harassing, libelous, or obscene language towards other Users.
• Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right.
• Copy any Paysavo Content onto your own or any other website.
• Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation or these Terms.
• Purchase or sell any Digital Asset with knowledge of any material, non-public information relating to such Digital Asset.
• Exploit the Services in any manner for arbitrage opportunities that could disrupt normal trading patterns or harm the stability of the Company’s Digital Asset pricing.
• Engage in activities such as wash trading, spoofing, or layering which could be used to manipulate the market price of the Digital Assets exchanged via the Services.
• Use the Services for cross-border transfers in contravention of applicable laws and regulations, including but not limited to anti-money laundering (AML) standards and know-your-customer (KYC) regulations.
• Use the Services to circumvent any local or international currency controls or sanctions, including the unauthorized movement of capital out of jurisdictions with strict capital controls.
• Use the Services on behalf of financial institutions or entities that are not officially registered and approved, or which lack necessary regulatory compliance in their jurisdiction.
• Create any synthetic instruments or derivatives that are based on the performance of the Digital Assets provided by the Company.
• Attempt to fix or artificially set exchange rates through collusion with other Users or third parties.
• Use the Services to distribute viruses or other harmful, disruptive, or destructive files.
• Use the Services in violation of Company’s or any third party’s intellectual property or other proprietary or legal rights.
• Use or attempt to use another User’s Account.
• Disrupt or interfere with the security of, or otherwise abuse, the Services, or any servers or networks connected to the Services.
• Attempt to obtain unauthorized access to the Services.
• Impersonate another User or anyone who is not a User.
• Use any automated means to purchase or sell Digital Assets or otherwise use the Services or trade in high volume of Digital Assets, and we reserve the right to determine, at our sole discretion, whether you are using automated means to use the Services or are trading in high volume.
• Systematically harvest or extract data from the Services or programmatically register accounts on the Services, including through the use of any robot, spider, crawler, or any other automated means.
• Access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.
• Modify or make derivative works based upon the Services, or any portion thereof.
• “Frame” or “mirror” any Paysavo Content on any other server or wireless or internet-based device.
• Reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics from the Services, or (c) copy any ideas, features, functions, or graphics from the Services.
• Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Services or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).
• Use the Services to take advantage of any technical glitch, malfunction, failure, delay, default, or security breach.

In the event that Company is required to block transactions associated with your Account in accordance with any government sanctions programs, or to comply with any lawful legal requests, Company may deactivate your Account, or halt a pending transaction. Company is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any judicial order, injunction, regulatory mandate, writ of attachment, lien, levy, subpoena, warrant, or other legal order.

8. YOUR ACCOUNT

Some Services may only be available to you upon registration of your Account. By registering an Account, you make the following representations and warranties to the Company which are true and correct as of the date of the registration of the Account:

• Age and Capacity: You are at least 18 years of age or older and have reached the age of majority required to use the Services in the jurisdiction where you reside as of the time you register with us.
• Accuracy of Information: All information provided by you during the registration process is truthful, accurate, and complete.
• Understanding of Technology: You have an understanding of Digital Assets and the blockchain technology that underlies them.
• Financial Risk: You understand that Digital Asset markets are highly volatile and that there is an element of risk in using the Services. You are willing to accept the risks associated with such markets and the potential for loss and affirm that you can afford to lose all amounts used to purchase Digital Assets through the Services.
• No Conflicts: You represent and warrant that your registration and your use of the Services do not violate any legal agreement to which you are a party or any rights of any third party.
• Sanctions Compliance: You are not located in, under the control of, or a national or resident of any country subject to international government sanctions or embargoes.
• No History of Fraud: You have not previously been suspended or removed from the Service or any other financial service and have no history of fraudulent activity.
• Financial Solvency: You represent and warrant that you are not insolvent and have not recently filed for bankruptcy or similar protection from creditors.
• Legal Purpose: You represent and warrant that the funds used to fund the Account are not derived from illegal activities; you will not use the Services to conduct any illegal activity or engage in any fraudulent financial practices.

You acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness including, without limitation, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information against third-party databases or through other sources.

As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current, and complete.

The Representatives will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that the Representatives or others may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to update your registration or other information that you submit via the Services. You acknowledge that you are solely responsible for maintaining the confidentiality of your account credentials (including any user names, passwords, or security tokens created or provided) and that you will be responsible for any loss resulting from any unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your account. Similarly, you are responsible for verifying and maintaining the protection, security, and distribution of your account information, including account numbers, usernames, and passwords.

From time to time, we may also require you to provide further information as a condition for continued use of the Services to confirm your identity and the purpose of using our Services. Failure to do so will likely result in a termination of your account with the Company.

All liability relating to password management resides with you, and under no circumstances, including negligence or misconduct, will we be liable for any damages that result from the use of your account.

You can cancel your account at any time by contacting us. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes.

You may register only one Account. If you open additional accounts, we reserve the right to immediately close such additional accounts.

9. PURCHASER'S ACKNOWLEDGEMENTS

By purchasing via the Services, you agree and acknowledge that:

• The Company is not offering the Services pursuant to any Canadian securities laws and accordingly, you will not have access to any of the rights, remedies, or protections available to purchasers of securities under Canadian securities laws.
• We are not responsible for any loss, damages, or other consequences arising from false, incorrect, or incomplete information that you provide to us, including but not limited to any loss of funds arising from the provision of incorrect Digital Asset wallet addresses by you, which results in lost or stolen Digital Assets.
• We do not own or control the underlying blockchain technologies associated with the Digital Assets offered through our Services. These blockchain technologies operate on multiple networks. We make no representations or warranties with respect to the operational framework or the continuous functionality of these blockchains.
• We do not control and cannot predict the occurrence of events related to the underlying blockchains, such as when the underlying blockchain suddenly changes such that the new version is no longer compatible with existing versions or there is otherwise a permanent divergence of the blockchain (a “Fork”), disruptions, or other types of functional anomalies that may affect the availability, integrity, and functionality of Digital Assets traded through our Services.
• We are not responsible for any consequences arising from a Fork, including any losses you may suffer, and, in the event of a Fork, we may temporarily suspend the operation of the Services (with or without advance notice to you) and in our sole discretion decide whether or not to support the Digital Assets subject to the Fork.
• You have a sophisticated understanding of technical and business matters relating to Digital Assets and blockchain technology to understand these Terms and to appreciate the risks and implications of making purchases via the Services.
• We make no representations or warranties with respect to the Digital Assets available for purchase from us, and you are solely responsible for researching the Digital Assets you purchase and ensuring that your purchases via the Services are made on an informed basis.
• Holding Digital Assets carries various risks, including those relating to the issuer and the technology underlying the Digital Assets. These risks may cause the value of your Digital Assets to decrease to zero. You will not hold the Company liable for any direct, indirect, special, or consequential damages, however caused, induced by the market price variation of any Digital Asset for any reason.
• The Digital Assets you purchase via the Services are not protected by any government or other insurance.
• The exchange rates available via the Forex Services can fluctuate rapidly, and you acknowledge and agree that the rate agreed upon at the time of the transaction initiation may differ slightly at the time of settlement due to these fluctuations.
• In respect of USDC, our ability to fill your purchase and sale orders on a timely basis depends in part on our ability to purchase and sell USDC; if we, for any reason, have a lack of USDC, it may not be possible to fill your order on a timely basis or at all.
• The Services may be subject to malicious cyber attacks or may contain exploitable flaws in their security systems, which may result in security breaches and the loss or theft of Digital Assets.
• The Company may be subject to limited ongoing public disclosure requirements, and Circle Internet Financial LLC may not be subject to any ongoing public disclosure requirements, and accordingly, it may be difficult to find accurate and current information relating to USDC.
• Digital Assets generally do not afford the holder thereof any rights commonly associated with securities ownership, such as voting rights and rights to participate in the equity of the issuer.
• You waive your right to participate in a class action lawsuit or a class-wide arbitration against the Company and/or the Representatives.
• It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of Digital Assets, and/or to the currency transactions you conduct through the Company’s services, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Account. We do not provide tax advice, and you agree that you will determine any tax implications associated with your use of, and any transactions you may make using the Service. You should consult an accountant, lawyer, or tax authorities in your jurisdiction to determine any tax consequences.
• When you purchase stablecoins that are pegged to a fiat currency that is different from the fiat currency used for purchase, you acknowledge that you are indirectly exposed to currency foreign exchange risk. You acknowledge that the price or value of any currency may fluctuate and that the conversion rate (“Conversion Rate”) for converting from your local fiat to a stablecoin pegged to a different fiat currency may not be the same Conversion Rate that applies when converting back into that first currency. You will always be shown the applicable Conversion Rate for a transaction before consummating the transaction. You agree to deliver the agreed-upon payment upon confirmation of a deposit, regardless of changes in a fiat currency’s value or a Digital Asset’s value. In the event you are entitled to a refund or other payment by the Company, the Company shall have no liability for any losses resulting from a change in the Conversion Rate that may have occurred since the time of the original transaction. The ability to convert from one currency to another is subject to applicable legal and regulatory restrictions and, in the case of USDC, the availability of such Digital Asset provided by the Company.
• You understand that if you have an unpaid balance and do not make satisfactory payment arrangements, your account may be placed with an external collection agency. You are responsible for reimbursements of any fees from the collection agency, including all costs and expenses incurred in collecting your account, and possibly including reasonable attorney’s fees if so incurred during collection efforts.
• The Company does not involve any extension of credit to you.
• Any funds, fiat currency, or Digital Assets used by you in connection with the Service are yours, or you have the legal authority to use them, and they are not subject to any liens, security interests, or claims of any nature.
• You do not fall within the scope of a country-based sanction program, nor are you under the control of any individual who falls into the scope of a country-based sanction program, nor will you supply any value, product, or service to anyone who falls into the scope of a country-based sanction program.
• Transactions that are not completed may be canceled by Paysavo at any time.

10. PERSONAL INFORMATION AND MARKETING

In addition to the collection, use, and disclosure of your Personal Information set out in the Privacy Statement, we may, with your consent, use your Personal Information to market our products and services to you, including by the use of electronic communications such as email, direct messaging, and text messaging, and through the use of telemarketing. You may withdraw your consent to such uses at any time.

11. PURCHASES

Purchases made via the Services are subject to the following terms:

• (a) All orders confirmed by you are deemed final and are non-reversible by you. Company provides you with the tools to verify your order before confirming it to help you catch mistyped orders, including any losses resulting from mistyped or incorrect Digital Asset wallet addresses. Company will not be responsible for losses induced by mistyped or otherwise wrongly placed orders. Notwithstanding the foregoing, in the event we determine, at our sole discretion, that as the result of a technical issue, an executed purchase did not reflect the fair market value for the applicable coin, such purchase shall be canceled and you shall be refunded the amount you paid for your purchase. Executed purchases are subject to the then-current fees collected by the Company for that transaction, which will be shown at the time of each transaction.
• (b) Digital Asset deposits are subject to a minimal number of confirmations by the applicable blockchain before the Company will begin the Transaction. Company shall attempt to process withdrawals and deposits in a timely manner, but Company and the Representatives make no guarantee pertaining to the timing of those transfers. Company and the Representatives are not responsible for losses and liabilities induced by delayed transfers.
• (c) Digital Assets are listed on the Services at the discretion of the Company and can be removed or closed at any time. If a Digital Asset is so removed or closed, the Company and the Representatives assume no liability or cost whatsoever arising from removed or closed Digital Assets.
• (d) You will incur a percentage-based fee that will be disclosed to you at the time of each Transaction. We may charge a fee for adding and removing value to cover applicable bank, wire, or other fees. We will display applicable fees for adding or removing value prior to you completing the transaction. We will not process a transaction if the fee exceeds the value of your transaction. In addition, your bank or card issuer may charge fees for a given transaction. We will display applicable fees for adding or removing value prior to you completing the transaction. Your bank may charge you non-sufficient funds (“NSF”) or overdraft fees if you do not have sufficient funds to complete a transaction. You are responsible for maintaining an adequate balance in your Account in order to avoid any overdraft, NSF, or similar fees. Any and all NSFs are your sole responsibility. We reserve the right to report, suspend, and/or terminate Accounts for chargeback abuse.
• (e) Where we have the right to establish and change certain reasonable limits for transactions in accordance with laws and regulations, we will establish and change certain limits for transactions based on our risk assessment of your account.
• (f) Final transaction amounts may differ up to $0.10 from displayed prices due to market fluctuations and rounding of conversion rates.
• (g) All transactions involving Digital Assets are facilitated by and dependent upon the performance and functionality of smart contracts. You acknowledge that the execution, settlement, and recording of such transactions are subject to the operational capacity and reliability of these smart contracts on their respective blockchains.
• (h) You understand that transactions may be delayed, disrupted, or otherwise affected by issues inherent in the underlying blockchain technology, such as network congestion, reorganization of the blockchain, or other technical disruptions. The Company shall not be liable for any losses suffered due to such disruptions.
• (i) In the event of a blockchain fork or other divergence in the blockchain used by any Digital Assets offered by the Company, the Company may need to suspend operations and may, at its sole discretion, decide which blockchain to support. The Company does not guarantee the availability, value, functionality, or security of any assets held during or after a fork.
• (j) Should a smart contract update or migration be necessary, the Company reserves the right to facilitate this transition, which may include pausing or discontinuing support for previous versions of the smart contract. You agree to comply with any requirements to exchange or migrate your Digital Assets as dictated by the Company.
• (k) The Company reserves the right to refuse or terminate the provision of Services to any user without prior notice, particularly in cases of suspected breach of terms, fraudulent activities, or regulatory concerns.
• (l) You agree that the Company makes no guarantees on the continuous availability of the Services or any specific feature of the Services. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications.
• (m) The Company reserves the right to adjust the price of Digital Assets purchased through our Services in the event of a significant error in price due to our system’s failure to update market prices or other technical errors. Any such adjustments will be communicated to affected Users and handled in accordance with applicable laws.

12. DISCLAIMERS

The Services do not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is unauthorized or unlawful.

Although the Company endeavors to provide up-to-date market data, such as quotes, this data is provided ‘as is’ and without any guarantee of accuracy or timeliness. The data may contain typographical errors and may be incomplete or inaccurate. The Company will make reasonable efforts to correct any errors on a best effort basis but does not commit to doing so.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS, LIABILITY, CERTAIN DAMAGES, OR REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Although we strive to update and keep accurate as much as possible the Paysavo Content and Paysavo Site, errors and/or omissions may occur.

ACCORDINGLY, THIS PAYSAVO SITE, PAYSAVO CONTENT, THE SERVICES, AND DIGITAL ASSETS PURCHASED VIA THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE REPRESENTATIVES CANNOT AND DO NOT GUARANTEE, AND DO NOT MAKE ANY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (1) ANY WARRANTY OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) NON-INFRINGEMENT; (4) THAT THE SERVICES OR ANY DIGITAL ASSETS PURCHASED VIA THE SERVICES, WILL MEET YOUR REQUIREMENTS; (5) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (6) THAT ANY DEFECTS WITH THE SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO, OR RELIANCE ON THE SERVICES, OR ANY DIGITAL ASSETS PURCHASED VIA THE SERVICES, IS AT YOUR OWN DISCRETION AND RISK.

You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the Services, your breach of these Terms, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law. Company and the Representatives disclaim any and all responsibility and liability regarding all such matters. You further agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Services, and that you will comply with all applicable law in the same respect. We may investigate occurrences that may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. We reserve the right at all times to disclose any information (including your personal information) regarding your usage of the Services in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.

Certain links on the Services may take you to other websites. We are not responsible for the content of any such linked pages, and we make no representation or warranty regarding, and do not endorse or approve, any linked websites, the information appearing thereon, or any of the products or services described. Your use of any such linked website is at your own risk.

No data transmission over the Internet can be guaranteed to be 100% secure, and as a result, we cannot ensure or warrant the security of any information you transmit to us.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES — INCLUDING NEGLIGENCE — SHALL COMPANY OR THE REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES, RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE USE OR THE INABILITY TO USE ANY DIGITAL ASSETS PURCHASED VIA THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF THE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

YOU ACKNOWLEDGE THAT COMPANY ACTS AS TRUSTEE FOR ALL OTHER REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOR OF ANY REPRESENTATIVE. COMPANY AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH SUCH REPRESENTATIVE.

WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND OUR AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company and the Representatives, from any and all claims, losses, costs, damages, fines, penalties, liabilities, and expenses (including reasonable legal fees) arising out of your (or anyone using your password or user name) use of the Services, connection thereto, or any alleged violation by you of these Terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

15. RIGHT TO TERMINATE

We may at any time without notice or liability decide to alter, amend, restrict, modify, or terminate the Services or any functionality or portion of the Services, all in our sole discretion, and you understand that there is no guarantee that the Services or any portion or functionality of it will continue to operate or be available for any particular period of time, including removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, the Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice, but confirm that we have no duty to do so.

If you breach any provision of these Terms, then you may no longer use the Services, and you may have your account canceled. We, in our discretion, shall determine whether these Terms have been violated. We may also cancel transactions, or the ability to conduct transactions for any account where there is suspected unauthorized access or hacking.

We reserve the right to suspend or cancel your account without notice to you at any time for any reason, including if you are in default of your obligations with respect to the Services.

We may terminate these Terms with you at any time.

16. DISPUTE RESOLUTION

You and we agree that any dispute arising under or relating to your use of the Service or any action by us affecting your Account, can be resolved by binding arbitration if requested by either of us, instead of in court. Any claim (except for a claim for intellectual property infringement, abuse of the Service by members or the validity or enforceability of this arbitration provision, including the class action waiver) shall be resolved by binding arbitration if either side requests it.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought, in an individual capacity only, and not on a class-wide or representative basis, in the courts specified in Section 9 (Purchaser’s Acknowledgements) without the posting of a bond), any dispute between you and the Company related in any way to, or arising in any way from, our Services or this Agreement (“Dispute”) shall be finally settled on an individual, non-representative basis in binding arbitration in accordance with the Canadian Arbitration Association Arbitration Rule for arbitration of consumer-related disputes, as modified by this Agreement, or in accordance with rules on which we may mutually agree; provided, however, that to the extent a Dispute is within the scope of a small claims court’s jurisdiction, either you or the Company may commence an action in small claims court in the province of Alberta, to resolve the Dispute.

Any arbitration will be conducted by a single, neutral arbitrator and shall take place in Alberta, Canada. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction. An arbitral decision is subject to very limited review by a court.

This arbitration provision shall survive; the closing of your account; voluntary payment of your account or any part of it; any legal proceedings to collect money you owe; any bankruptcy by you; and any sale by us of your account.

You may reject the Arbitration agreement set forth in this Section but only if we receive from you a written notice of rejection within 30 days of your creation of your account. You must send the notification of rejection to support@paysavo.com. Your rejection notice must include your name, address, phone number, registration email, user ID, and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under this Agreement. If you reject arbitration, neither you nor we will be subject to the arbitration provisions.

17. GENERAL

These Terms shall be governed by and construed in accordance with the laws of the province of Alberta without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of these Terms, your use of the Services, or any purchase made via the Services in the courts located within Alberta, and you also agree to submit to the personal and non-exclusive jurisdiction of those courts. If any provision contained in these Terms is determined to be unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any provision of these Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that any failure on our part to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and/or your use of the Services. You may not assign any right, interest, or benefit provided under these Terms or the Services without our express prior written consent, but may be assigned by the Company without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Company. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns. These Terms set forth the entire agreement between you and us and supersede any and all prior communications, agreements, and proposals, whether electronic, oral or written, between you and us with respect to the Services.

18. CONTACT

Company can be contacted:

• By mail: 500 4th Avenue SW, Suite 2500, Calgary, Alberta, T2P 2V6, Canada
• By email: support@paysavo.com

APPENDIX A

The following categories of businesses, business practices, and sale items are barred from using our services (“Prohibited Businesses”). By opening an Account, you confirm that you will not use the Service to transact in connection with the following businesses, activities, practices, or items:

• Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of Digital Assets, sales of money orders or traveler’s checks, and escrow services.
• Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party.
• Stolen goods.
• Gambling, except where permitted by law.
• Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs.
• Sports forecasting or odds-making, except where permitted by law.
• Prostitution, except where permitted by law.
• Violent acts towards self or others, or activities or items that encourage, promote, facilitate, or instruct others regarding the same.
• Funding any of the items included on this Prohibited Businesses list.
• Extortion, blackmail, or efforts to induce unearned payments.
• Unlicensed sale of firearms and weapons, except where permitted by law.
• Deceptive marketing practices.
• Any business that violates any law, statute, ordinance, or regulation.
• Acting in concert with others or through multiple accounts that you control in order to circumvent per account trading limits.

You may not use your Account or the Services to engage in the following categories of activity (“Prohibited Use”). You confirm that you will not use your Account to do any of the following:

• Violating or assist any party in violating any law, statute, ordinance, regulation, or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections).
• Partake in a transaction that involves the proceeds of any unlawful activity.
• Partake in any transaction involving online gambling, except where permitted by law.
• Defraud or attempt to defraud us or our members.
• Infringe our or any third party’s intellectual property.
• Provide false, inaccurate, or misleading information.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information.
• Interfere with another individual’s or entity’s access to or use of any part of the Services.
• Defame, abuse, harass, stalk, threaten, or otherwise violate or infringe the legal rights of others.
• Publish, distribute, or disseminate any unlawful material or information.
• Transmit or upload any viruses, Trojan horses, worms, or any other malicious programs.
• Access the Service through programmatic means.
• Act as a payment intermediary or aggregator or otherwise resell our Services, unless authorized by us in writing.
• Transfer any rights granted to you by us to another party.
• Use another user’s password for any purpose.
• Compromise Accounts, computer systems, or networks connected to the Service through any means.