Terms & Conditions (Kindlyn)

Terms and Conditions

Last updated: 27.11.2024

Kindlyn powered by Finiqua Finance Ltd

USER TERMS AND CONDITIONS

This User Agreement (“Agreement”) is a contract between you and Finiqua Finance Ltd (the “Company”) and applies to your use of the Company’s services, including Finiqua Finance Ltd Account Facilities (the “Services” or “the Service”). Within the scope of this user agreement “Finiqua Finance Ltd” must also be interpreted as “Finiqua” and all services provided under the aforementioned brand name “Kindlyn”. By opening an account (whether through the Kindlyn website or through the Kindlyn mobile application), you agree that you have read, agree with 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) as well as our Privacy Policy (“Privacy Policy”) and is incorporated in this Agreement by this reference. Finiqua is registered as Money services business (“MSB”) and is authorized to provide foreign exchange dealing services, Money transferring services and authorized for dealing in virtual currencies.

ELIGIBILITY

You need not be a resident of Canada to use the Services. You must be over the age of 18 years to use the Services.

THIRD PARTY AGREEMENTS

You acknowledge and agree that this Agreement is between you and Finiqua, not with any third party (including, but not limited to, Apple®, Google®, any mobile carrier, or any Participating Merchant (as defined below), 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®, Samsung®), your mobile service carrier, and/or other parties involved in providing your mobile device service. Participating Merchants as defined below, 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, 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. Finiqua is not a party to those agreements and has no responsibility for the products and services provided by third parties.

SERVICE-SPECIFIC TERMS

The following terms are “Service Specific Terms,” in that they apply solely to Services covered by this Agreement. For the Finiqua service, Finiqua is only a Payment Service Provider. Finiqua has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any Finiqua user or that a sender or a recipient can or will complete a transaction.

ELIGIBILITY AND ACCOUNT REGISTRATION

To be eligible for using the Service, you may only create an account through the Kindlyn website or through the Kindlyn mobile application (collectively as 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, or zip/postal code, date of birth, and appropriate government issues photo ID number (passport, driver’s license, country ID card) to Finiqua. During the registration process, or when you access the Services from a phone, your IP address or phone’s device IP is also stored. You agree that the Personal Information you provide to Finiqua upon registration and at all other times, will be true, accurate, current and complete. You agree to maintain and update this Personal Information to keep the Personal Information true, accurate, and complete. Please also visit the Canada AML section for more information on our Anti-Money Laundering Statement.

YOUR OBLIGATIONS

You are not allowed to resell the Finiqua services if not otherwise agreed between the Parties in writing.

You shall immediately inform Finiqua if there is any reason to believe that any information has been incorrectly processed or sent to Finiqua.

You shall use best efforts to prevent yourself from being involved to any extent in any actions of money laundering or any other illegal activities.

You represent, warrant, and covenant that you shall, during the term of this Agreement have all necessary rights, authorizations, licenses, and permits for its operations, and shall have undertaken and fulfilled all actions and conditions to comply with its obligations under this Agreement.

You represent, warrant, and covenant that you shall comply with all applicable laws, rules and regulations, including and statutory regulations or guidelines by banks, card associations, or any other legal or regulatory authority in relation to payments (“Schemes”) as applicable and 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 Finiqua.

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 Finiqua of such change.

You shall notify Finiqua immediately of any objections to your Finiqua Account or Account balance.

You shall use best efforts to prevent unauthorized use of, or unauthorized access to the Finiqua Services and shall be solely responsible to Finiqua for any losses, breaches, or other damages that result from any unauthorized use of, or unauthorized access to, the Finiqua Services.

Prices and Fees

The customer agrees to the prices and fees according to the company’s current price list. The currently valid price list is available here, and here, and is part of these Terms and Conditions.

TYPES OF ACCOUNTS

We offer two different types of accounts: a “Personal Account” and “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 authorized by Finiqua. By opening a Business Account and accepting the terms as outlined in this Agreement, including, but not limited to, 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. We may reserve 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.

IDENTITY AUTHENTICATION

You hereby authorize Finiqua, directly or through third parties, to make any inquiries we consider necessary to validate your identity 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.

TRANSACTION HISTORY

If you have an Account with Finiqua 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.

SENDING LIMITS

We may, at our discretion, impose limits on the amount of money you can send or receive through the Finiqua Service. Please see our 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 Finiqua’s sole discretion.

FUNDING / WITHDRAWING SOURCES

Your Finiqua account balance consists of the funds you have in your Finiqua account that are available for new transfers or withdrawals and are not subject to pending transactions. When you make a payment or withdrawal request from your Finiqua account, the system automatically checks if your Finiqua account balance can cover the transaction. You can also fund your Finiqua account via debit card or other approved deposit option. These deposited funds, once cleared, will then be available for future potential transfers. Transactions will only be made if your Finiqua account is sufficient to cover your payment. If there is not enough money available in your Finiqua account to cover the transaction, we prompt you to use your designated primary funding source to add funds to your Finiqua account balance and make the payment in its entirety. If you do not wish to use your balance, you may choose to have it remain as a balance.

FUNDING SOURCE LIMITATIONS

In order to manage risk, Finiqua 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.

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, Finiqua will make electronic transfers from your bank account in the amount you specify. You agree that such requests constitute your authorization to Finiqua to make the transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Finiqua may resubmit any debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by applicable law.

If you use your credit or debit card to fund your Finiqua account, the card issuers may view such transactions as a cash advance and charge a fee. Finiqua will not be held liable for such charges and User takes on sole responsibility for honoring such charges.

REFUNDED TRANSACTIONS

When you send money, the recipient is not required to accept it. You agree that you will not hold Finiqua liable for any damages resulting from a recipient’s decision not to accept a payment made through the Service. A recipient of Finiqua 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 into 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, we will return the money to your balance or to the original funding source.

CARD PROCESSING

Finiqua 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 Finiqua may elect at its discretion.

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.

FEES AND LIMITS FOR SENDING AND RECEIVING MONEY

You may use the Services to send money funded by your Finiqua account balance. Fees charged may change from time to time at Finiqua’s sole discretion. You may be subject to third party fees, such as insufficient fund fees, reversal, or other fees that a bank may charge if your payment is rejected.

Finiqua 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.

PAYMENT INVESTIGATION

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

RISK OF REVERSALS, CHARGEBACKS AND CLAIMS

When you receive a payment, you are liable to Finiqua 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 Finiqua, will determine whether the dispute is valid and to whom the payment is due. You agree to allow Finiqua to recover any amounts due to Finiqua by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Finiqua through other means. If Finiqua is unable to recover the funds from your primary funding source, Finiqua will attempt to contact you. Finiqua may recover the funds from any other funding sources or may take other legal actions to collect the amount due, to the extent allowed by applicable law.

ACCOUNT BALANCE

If you do hold a balance, Finiqua will hold your funds separate from its corporate funds and will not use your funds for its operating expenses. It will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, Finiqua will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in Finiqua’s name.

Finiqua is not a bank or other chartered depository institution; it offers online digital payment services. Funds held by Finiqua or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by any governmental agency.

ASSIGNMENT OF INTEREST TO FINIQUA

You agree that you will not receive interest or other earnings on your funds that Finiqua handles and places in pooled accounts. In consideration of your use of the service, you irrevocably transfer and assign to Finiqua any ownership right that you may have in any interest that may accrue on funds held in pooled accounts.

This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Finiqua any ownership right to the principal of the funds you maintain with Finiqua.

SETOFF OF PAST DUE AMOUNTS

If you have, for whatever reason, a past due amount owed to Finiqua, Finiqua will make attempts on your funding source or Finiqua balance to cover the amounts. If Finiqua is unable to recover the funds, Finiqua will attempt to contact you. Finiqua may recover the funds from any funding sources or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law and in accordance with the PAD section below.

PRE-AUTHORIZED DEBIT (“PAD”)

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

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

To secure your performance of this Agreement, you hereby grant to Finiqua a lien on and security interest in your account and agree to execute any further documentation to perfect these company rights. You authorize Finiqua to debit your account for fees payable to Finiqua. You acknowledge that any withdrawal by Finiqua in accordance with this Agreement are PADs for business purposes and you waive the right to receive advance notice for these debits or credits. Alternatively, if Finiqua is unable to debit owed amounts, Finiqua 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.

ADDING MONEY

You may add funds to your Finiqua account by transferring funds from your credit or debit card, bank account or other approved funding source. We may also limit top-up amounts based on FINTRAC regulations or at our sole discretion.

Finiqua also reserves the right to charge users a fee for topping up their Finiqua account. The nature and extent of such fees are at the sole discretion of Finiqua.

Finiqua will make every effort to inform users of such charges through the available channels such as the Price List. Please see our FAQs for further details on limits and fees. As we sometimes channel our card processing with Overseas Banks, your bank may charge you an international FX fee or overseas transaction fee. Finiqua is not liable for these fees. Finiqua is also not liable for instances where your bank may classify a top-up as a “cash advance.”

WITHDRAWAL LIMITS

Please see our FAQs for more details on any applicable withdrawal limits. We reserve the right to delay withdrawals while we screen for risk, or request you provide additional information to verify your identity and we may limit the amount you can withdraw until the information is verified.

We may, at our discretion, impose limits on the amount of money you can withdraw from your Finiqua account within a given time frame. These limits may change from time to time in Finiqua’s sole discretion.

Finiqua also reserves the right to impose fees or charges on withdrawals at its sole discretion. Finiqua will make every effort to inform users of such charges through all available channels such as the FAQs.

WITHDRAWING MONEY

How to Withdraw

Where Finiqua provides a withdrawal service, you may withdraw funds from your Finiqua account by electronically transferring them to your bank account. We may provide limited withdrawals to your debit card depending on what product is enabled and approved on your account. We may also limit withdrawal amounts based on FINTRAC regulations and at our sole discretion.

When you transfer money from your Finiqua account balance to your linked financial institution account(s), applicable Law and Rules will govern the transfer.

CLOSING YOUR ACCOUNT

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 Finiqua in writing via email or via the banking application and requesting that your account be closed. You may send an email to [email protected]. Any remaining balance, pending fees and clearance from Finiqua, will be sent to the user via bank transfer to the bank account on file, unless otherwise instructed. Customer information will be held by Finiqua for a minimum period of 10 years or as required by laws and regulations. Please find our Privacy Policy here.

Limitations on Closing Your Account

You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect Finiqua or a 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. Any balances held in your Finiqua account at the time of account closure will be refunded to you, possibly via bank transfer, after any deduction of fees or charges. Settlement of existing balance will not be handled by a cash settlement at any time.

ITEM HOLD

Finiqua, in its sole discretion, may place a hold on a payment you receive or intend to send to a recipient through the Services when Finiqua believes there may be a high level of risk associated with the transaction. If Finiqua places a hold on your payment, it will show as “pending” in your Finiqua account.

Release of Item Hold

Finiqua will release any incoming held payments after 21 days unless we receive a dispute, claim, charge-back, or reversal on the transaction subject to the hold. Finiqua may release the hold earlier if the sender of funds provides us confirmation, Finiqua is able to confirm proper delivery, or Finiqua otherwise completes its investigation.

Additional Hold Period

If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, Finiqua may hold the payment in your account until the matter is resolved pursuant to this Agreement.

Account Hold and Reserves

For high-volume accounts, including Business Accounts, Finiqua may, in its sole discretion, place a reserve on funds held in your account when it believes there may be a high level of risk associated with your account. If your account is subject to a reserve, Finiqua will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that Finiqua determines is necessary to protect against the risk associated with your account. Finiqua may change the terms of the reserve at any time by providing you with notice of the new terms.

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 Finiqua account(s) by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors.

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.

RECEIVING MONEY

Limits are set by case per case basis accordingly to your financial profile. These limits may change from time to time in Finiqua’s sole discretion.

Error in Receiving Money

In the event of an error, you give Finiqua permission, subject to Finiqua’s compliance with applicable law, to make appropriate corrections by debiting or crediting your Finiqua account balance, or debiting or crediting your primary or alternate funding sources as applicable.

LOSS OR THEFT OF ACCOUNT INFORMATION, PIN, OR MOBILE DEVICE

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

ACCOUNT ERRORS

If your account history shows transfers that you did not make, you must immediately contact Finiqua via the Contact Us tab or by email to [email protected]. If you do not contact Finiqua within 60 days after the account history showing when the unauthorized 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 on which are determined as working days by the Canadian law.

YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED 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.

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.

LIMITS

There are limits on the amount you may send using the Service. There are also limits on the amount you can top-up or withdraw in a given timeframe. Limits are set by case per case basis accordingly to the client’s financial profile. These limits may change from time to time Finiqua’s sole discretion and the requirements to lift or change those limits may vary based on product usage and/or local regulatory requirements.

ERROR IN RECEIVING MONEY

In the event of an error, you give Finiqua. permission, subject to Finiqua’s compliance with applicable law, to make appropriate corrections by debiting or crediting your Finiqua account balance, or debiting or crediting your primary or alternate funding sources as applicable.

CREDIT AUTHORIZATION

If you open a Business Account, you are providing us with written instructions and authorization to obtain your personal and/or business credit report from a credit bureau. You are also authorizing 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 charge-backs or reversals, or suspicious activity associated with your account.

REPRESENTATIONS

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

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 authorized by you, that access the Service using your username and password.

GENERAL TERMS AND CONDITIONS

THE FOLLOWING ARE GENERAL TERMS AND CONDITIONS THAT APPLY TO THE SERVICE

PRE-LAUNCH SPECIAL TERMS

1. Service Description

1.1. The service provides customers with:

Personalized multi-currency IBAN accounts in Euro (EUR) and British Pounds Sterling (GBP)
Third-party payment receipt and disbursement capabilities
Foreign exchange services between EUR and GBP currencies
Payment services including:
- SEPA transfers for Euro transactions
- SWIFT international transfers
- Faster Payments for GBP transactions

1.2. All services are subject to applicable regulatory requirements and compliance procedures.

2. Pre-Launch Offer

During the pre-launch period, prior to the activation of full crypto functionality, customers may participate in a special pricing offer as detailed herein.

3. Discount Structure

The pre-launch offer includes an approximate thirty percent (30%) discount on the standard monthly user account fee. This discounted fee shall be paid in advance for a twelve (12) month period.

4. Fee Schedule

4.1. Private User Accounts

Option A: Setup fee of €50.00 (fifty euros) plus annual account fee of €240.00 (two hundred forty euros)
Option B: Setup fee of £45.00 (forty-five pounds sterling) plus annual account fee of £200.00 (two hundred pounds sterling)

4.2. Corporate User Accounts

Option A: Setup fee of €150.00 (one hundred fifty euros) plus annual account fee of €680.00 (six hundred eighty euros)
Option B: Setup fee of £130.00 (one hundred thirty pounds sterling) plus annual account fee of £600.00 (six hundred pounds sterling)

5. Term and Transition

5.1. The pre-launch pricing shall remain valid for twelve (12) months from the date of account activation.

5.2. Upon expiration of the twelve (12) month pre-launch period, the account fee shall automatically transition to the then-current monthly fee structure as published in the price list on the company website, https://kindlyn.com/wp-content/uploads/2024/11/kindlyn_pricing_EEA_2024-11-01.pdf and https://kindlyn.com/wp-content/uploads/2024/11/kindlyn_pricing_UK_2024-11-01.pdf.

6. Service Availability

6.1. The company reserves the right to modify, suspend, or terminate any of the services described herein, subject to applicable regulatory requirements and notice provisions.

6.2. Service availability may be subject to geographical restrictions and applicable regulatory frameworks.

7. General Provisions

7.1. All fees are non-refundable unless otherwise required by applicable law.

7.2. The company reserves the right to modify or terminate this pre-launch offer at any time for new subscriptions.

7.3. These Pre-Launch Special Terms shall be read in conjunction with and form part of the main Terms and Conditions.

NOTICES TO YOU

You agree that Finiqua may provide notice to you by posting it on our Website (including but not limited to, rules for companies operating Money Business Service, 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 being sent. Finiqua’s business days include all days determined as such by Canadian law. We may also provide notice when you access your Finiqua account. If we make material changes to our Agreements with you, 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.

NOTICES TO COMPANY

Notices to Finiqua must be sent by postal mail to: Finiqua Finance Ltd, 2850 Shaughnessy Street, Unit 2300, Port Coquitlam, BC, VCR6K5, CANADA

CALLS TO YOU

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

FINIQUA WEBSITES

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

INTELLECTUAL PROPERTY

Finiqua and all related logos, products and services described on our Website and mobile applications are either trademarks or registered trademarks of Finiqua or its licensors. You may not copy, imitate or use them without Finiqua’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Finiqua. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Finiqua 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 Finiqua or the Service or display them in any manner that implies Finiqua’s sponsorship or endorsement. All right, title and interest in and to the Finiqua Website and any content thereon is the exclusive property of Finiqua and its licensors. Certain other product or service names, brand names and company names may be trademarks of their respective owners.

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. Finiqua is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

By using the services of Finiqua, you acknowledge and agree that you are solely responsible for the compliance with all tax laws and regulations applicable to your financial accounts and assets. This includes, but is not limited to, the reporting and payment of taxes arising from your assets and accounts. You also agree to provide Finiqua with any information necessary to fulfill applicable legal requirements, such as those demanded by the Foreign Account Tax Compliance Act (FATCA). Finiqua is not responsible for advising on or managing your tax obligations in any jurisdiction. It is recommended that you consult with your own tax advisors to understand your personal tax responsibilities fully.

PRIVACY

Protecting your privacy is very important to us. Please review our Privacy Policy in order 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 Finiqua 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 Finiqua 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.

RESTRICTED ACTIVITIES

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

breach this Agreement or any other Agreement that you have entered into with Finiqua (including a policy);
violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
infringe Finiqua’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 libelous, unlawfully threatening or unlawfully harassing;
provide false, inaccurate or misleading personal or business information;
create more than one Finiqua account for yourself, through among other methods, 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 Finiqua and the bank, or credit card issuer for the same transaction;
use an anonymizing 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 authorization from Finiqua;
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 Finiqua, a user, a third party or you;
use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
use your account or the Service in a manner that Finiqua, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
allow your Finiqua account to have a negative balance; 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; 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 behaviors.

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, or 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/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 sales of products or services identified by government agencies to have 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,
involve 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 it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Finiqua and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law,
provide certain credit repair or debt settlement services,

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

you are not located in a country that is subject to a Canada Government embargo, or that has been designated by the Canada Government as a “terrorist supporting” country; and
you are not listed on any Canada Government list of prohibited or restricted parties.

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. By using the Services, you warrant and represent that

you are not located in a country that is subject to a Canada Government embargo, or that has been designated by the Canada Government as a “terrorist supporting” country; and
you are not listed on any Canada Government list of prohibited or restricted parties.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Finiqua, a Finiqua 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 Finiqua, 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 Finiqua Service, including but not limited to, the accuracy of the amount paid and the recipient. Finiqua 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.

SUFFICIENT FUNDS FOR ACCOUNT FEES

The Account Holder is responsible for maintaining sufficient funds in their account to cover all applicable monthly account fees. These fees will be automatically deducted from the Account Holder’s balance on the designated billing date each month.

The company will collect the monthly account maintenance fee primarily from the EUR balance in the customer’s account. If there is insufficient euro balance to cover the fee, the fee will be collected from other fiat or cryptocurrency balances in the customer’s account.

If sufficient funds are not available at the time of the scheduled deduction, the Company reserves the right to:

suspend or limit account services until payment is received.

The Account Holder acknowledges that failure to maintain sufficient funds for monthly fees may result in service interruption and additional charges. It is the Account Holder’s responsibility to monitor their account balance and ensure adequate funds are available for all scheduled fee deductions.

ACTIONS BY FINIQUA

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, provided any incorrect information, we may take various actions to protect Finiqua, another Service’s 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 access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information);
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.

Finiqua, 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.

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. Finiqua, 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.

EFFECTS OF TERMINATION

Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to

complete all pending transactions, and
stop accepting or initiating new transactions through the Service. If you terminate this Agreement, you may request pay out of any remaining funds in your Finiqua account minus any applicable fees owed pursuant to this Agreement.

In addition, upon termination you understand and agree that

all licences granted to you by Finiqua under this Agreement will end; and
you are still liable to us for any fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.

DISPUTES WITH FINIQUA

If a dispute arises between you and Finiqua, 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 Finiqua regarding our services may be reported by emailing us at [email protected] .

CHOICE OF FORUM & 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.

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 provate 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.

DISCLAIMERS OF WARRANTY; DAMAGES EXCLUSIONS

Unless otherwise prohibited by law, you assume all responsibility for your use of the Finiqua 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 such 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. Finiqua 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 Finiqua, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Finiqua makes the following disclaimers set forth in this section: 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 Finiqua or any of the Covered Third Parties. Neither Finiqua 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.

FINIQUA IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE KINDLYN APP, AND YOU AGREE TO HOLD FINIQUA HARMLESS AND INDEMNIFY FINIQUA 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 Finiqua Services, Finiqua will make reasonable efforts to ensure that all requests for electronic debits and credits involving bank accounts, credit cards, and other funding or withdrawal sources are processed in a timely manner but Finiqua makes no representations or warranties regarding the amount of time needed to complete processing as Finiqua is dependent upon many factors outside of its control, such as delays in the banking system or the Canada 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.

LIMITATIONS ON LIABILITY

In no event will Finiqua, its Affiliates, or their respective directors, officers, employees or agents be liable for (with the exception of Finiqua’s gross negligence or willful misconduct) 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, Finiqua’s cumulative liability to you for any claims or damages arising out of or related to your use of the Finiqua Service shall not exceed the fees you paid to Finiqua for the last 12 months of Services. For clarity, amounts you pay to fund your Finiqua account do not constitute “fees” under this agreement.

LICENSE GRANT

Certain Services require the use of software and software applications provided to you by Finiqua (collectively “Software”). Finiqua and its licensors grant you a limited, nonexclusive license to use Finiqua’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 license 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’s 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, Finiqua 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 Finiqua’s software are owned by Finiqua. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Finiqua 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.

ASSUMPTION OF RIGHTS

If Finiqua 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 Finiqua assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, at Finiqua’s discretion.

RELEASE OF COMPANY

If you have a dispute with one or more Finiqua Service user, Finiqua is not responsible for any such dispute and you hereby release Finiqua (and our officers, directors, agents, joint ventures 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.

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.

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.

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, labor difficulties, failure of our power, telecommunications or other suppliers, 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.

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 yours 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 Finiqua’s prior written consent. Finiqua 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.

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 ventures, or otherwise as joint associates for profit.

Finiqua Corporation number BC1449174

FINIQUA IS A REGISTERED MSB WITH FINTRAC, REGISTRATION NUMBER M24178970 REGISTRATION VALIDITY UNTIL 30.11.2026