Terms & Conditions

Legal Agreement Outlines the rights, responsibilities, and obligations of users when accessing Swiftier's services. This section should cover:

PLEASE READ THIS CUSTOMER AGREEMENT AND THE PRIVACY POLICY REFERENCED HEREIN (COLLECTIVELY DEFINED BELOW AS THE "CUSTOMER AGREEMENT") CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

Swiftier Customer Agreement

Introduction

This Customer Agreement sets forth the terms and conditions for the use of Swiftier services (hereinafter referred to as the "Services") provided by Swiftier Inc. (hereinafter referred to as "Swiftier," "we," "us," and "our").

Swiftier Inc. is a Canada-based financial technology company providing cross-border money transfer and foreign exchange services through the Swiftier App, which you may download and use to create a Swiftier Account.

By opening, registering, or using a Swiftier Account, or by otherwise using the Services, Customers (hereinafter referred to as "you" and "your") agree to be bound by this Customer Agreement and consent to receive communications related to the Services or your Swiftier Account in electronic format. Customers are asked to carefully read the terms and conditions set forth in this Customer Agreement when registering to use the Services.

Swiftier recommends that you print out a copy of this Customer Agreement to retain as a reference. Please note that if you do not accept this Customer Agreement, you will not be able to use the Services. You also agree, by using the Services and accepting this Customer Agreement, to comply with and accept the following additional policies:

• Our Privacy Notice, which sets forth the terms on which we handle any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and confirm that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets forth the permitted uses and prohibited uses of our Services.

PLEASE READ CAREFULLY ALL OF THE TERMS THAT MAY APPLY TO YOU, INCLUDING ANY ADDITIONAL CHANGES NOTIFIED ON THE SWIFTIER APP, EMAILS, SMS, AND ANY OTHER FORMS OF COMMUNICATION. YOUR USE OF THE SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, AS COMMUNICATED BY US TO YOU THROUGH THE SERVICE, AND SUCH ADDITIONAL TERMS AND CONDITIONS ARE INCORPORATED INTO THIS CUSTOMER AGREEMENT.

THIS CUSTOMER AGREEMENT CONTAINS SEVERAL SECTIONS, AND YOU SHOULD READ ALL OF THEM CAREFULLY. THE HEADINGS ARE FOR REFERENCE ONLY. SOME CAPITALIZED TERMS HAVE SPECIFIC DEFINITIONS THAT ARE DEFINED IN THIS CUSTOMER AGREEMENT.

1. Swiftier Registration

Swiftier Inc. is registered in Canada as a Money Services Business (MSB) with the Financial Transactions and Reports Analysis Centre of Canada ("FINTRAC") under registration number C100000386. This registration allows Swiftier to offer foreign exchange and international money transfer services to customers residing in Canada.

2. Eligibility

To use our Services, you must meet the following eligibility criteria:

• You must be at least 18 years of age.
• You must be an individual who is ordinarily and legally resident in Canada.
• You must be acting solely for your own personal benefit and not on behalf of any third party, principal, or beneficiary when using the Swiftier App or creating a Swiftier Account.
• You may only use the Services to conduct transactions on your own account, not on behalf of any other person.

To set up a Swiftier Account, you must reside in Canada and comply with all our identification and verification requirements as part of our compliance obligations.

3. The Services

3.1 Swiftier Account Responsibilities

To access the full range of Swiftier Services, you must first create a Swiftier Account by providing accurate and complete information. It is your responsibility to ensure that all the details you provide during the signup process, and at any time thereafter, are correct and truthful. Failing to provide accurate information may result in account restrictions or termination.

You are required to keep your contact information, including your home address, email address, and phone number, up to date in your Swiftier Account. We reserve the right to refuse or discontinue your access to the Services at any time and for any reason. All activities performed using your Swiftier Account are considered to be your responsibility, and you are fully accountable for them unless you close your account or report unauthorized use.

Your Swiftier Account is personal to you. If a third party has purchased the Services for you, they may have the ability to control certain aspects of your usage, such as access permissions and usage reporting. However, this does not grant them ownership rights over your account or access to your personal information.

(a) License to Use Swiftier Services

Under this Customer Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and freely revocable license to use the Swiftier platform and its related resources for personal, non-commercial purposes, as provided by the features of the Services. Swiftier reserves all rights not expressly granted under this Agreement and may terminate this license at any time, for any reason or without reason.

(b) Account Eligibility and Access Requirements

Each Swiftier user is allowed only one Swiftier Account, which holds your Available Balance. Your ability to access the Services, including sending and receiving funds, depends on us verifying certain personal information to comply with our legal and regulatory obligations. This verification is necessary to meet Customer Due Diligence (CDD) requirements, and we will securely store this information in compliance with applicable regulations.

Swiftier Services are not a form of credit or banking. You must ensure that your account has a sufficient Available Balance to cover any transactions and associated fees as outlined in our Fee Schedule. If a transaction exceeds your Available Balance, you are required to immediately repay the overdrawn amount. Swiftier reserves the right to suspend any current or future transactions until the overdrawn balance is repaid.

This Agreement does not grant you any rights against third-party account providers, affiliates, or other external entities. If funds are mistakenly credited to your account, Swiftier reserves the right to automatically deduct the excess amount from your Available Balance. Only individuals over the age of 18 are eligible to register for Swiftier Services.

To access your Swiftier Account, you will need to provide your secure Access Codes (such as your password or PIN) each time you log in. If the correct Access Codes are used, we will assume the account holder is the one performing the transactions, and you will be held responsible for those actions, except as provided in this Agreement. Swiftier reserves the right to reject any instructions that it believes: (i) are unclear; (ii) were not authorized by you; (iii) could cause a breach of legal or regulatory obligations; or (iv) appear to be connected to illegal activity.

Swiftier will take reasonable steps to prevent unauthorized access to your account, but our liability for unauthorized transactions is limited as set forth in this Agreement.

(c) Permitted Use of Swiftier Services

You can view your account details and transaction history by logging into the Swiftier App. This includes information on transaction dates, currencies, charges, and applicable exchange rates. This data is accessible at any time and can be saved or printed for your records.

You may use the Swiftier Services up to the amount of your Available Balance. If your balance is insufficient to cover a transaction, you will not be able to complete the transaction or use alternative payment methods to cover the difference. The total amount of each transaction, including any fees, will be deducted from your Available Balance at the time the transaction is authorized. Once a transaction is confirmed, it cannot be canceled or reversed.

You agree to use the Swiftier Services for lawful purposes only and to comply with all applicable laws and regulations, as well as the terms of this Customer Agreement. You may not use the Services to process funds on behalf of another individual or legal entity.

3.2 Account Security and Privacy Responsibilities

Swiftier takes the privacy and security of your personal information seriously. We do not share your account details, including your postal address, email address, or other personal information, with third parties, except as required by law or as outlined in our Privacy Notice.

a) Your Responsibility for Account Security

You are solely responsible for maintaining the security and control of your Swiftier Account, including all IDs, passwords, and other credentials used to access the Services. You must never share your Swiftier Account password or customer reference number with anyone. Swiftier will never ask you to provide your password, either directly or through a third party. If someone requests your password, report this to Customer Support immediately.

You should never allow others to access your Swiftier Account or observe you while entering your login details. If you suspect that your account, password, or any other security feature has been lost, stolen, or otherwise compromised, you should immediately change your password and contact Swiftier Customer Support. Failing to do so may put your funds and personal information at risk.

If you notice any unauthorized transactions in your Swiftier Account, report them to Customer Support without delay. This is the best way to minimize potential losses and prevent further unauthorized access.

b) Email Security and Password Management

Ensure that the email address associated with your Swiftier Account is secure and accessible only to you. Your email address may be used to reset your account password or to communicate important security information about your account. If your email address becomes compromised, inform Customer Support immediately.

Avoid using features that automatically save your login details, such as browser password storage or auto-fill, as these may expose your account to unauthorized access. Swiftier may impose additional security requirements for specific Services, and you are responsible for understanding and complying with these requirements.

c) Duplicate Accounts

To maintain account security and prevent fraud, Swiftier does not allow multiple accounts for the same user. If we detect duplicate accounts, we reserve the right to close or merge them without prior notice.

d) Identity Verification

To comply with legal requirements, Swiftier may be required to verify certain personal information when you open a Swiftier Account or use specific Services. You authorize Swiftier to make any necessary inquiries to confirm your identity, address, residence, phone number, email address, or any other relevant information. This verification may involve checking your information against government and private databases.

If we are unable to verify your information through these means, we may request additional documentation or alternative verification methods. Swiftier reserves the right to suspend, restrict, or close your account if we cannot verify your information to our satisfaction.

3.3 Adding Funds to Your Swiftier Account

You can add funds to your Swiftier Account in supported currencies for various purposes, including:

• Converting the currency to another supported currency,
• Transferring funds to another person or your own account, or
• Holding a balance in your Swiftier Account for future transactions.

a) Methods of Depositing Funds

You can add money to your Swiftier Account using supported methods, such as Interac?. Your account will only be credited once Swiftier has received the funds, and Swiftier is not responsible for any delays or issues with the transfer until the funds have been successfully received.

If you choose to add money via Interac?, you must provide your email address or phone number as part of the transaction. By doing so, you confirm that:

• You have the authority to access and transfer funds from your linked bank account via Interac,
• You are authorized to initiate an Interac? e-transfer or approve an Interac? payment request for the amount in question, and
• You understand that your bank may impose restrictions on the amount and frequency of Interac? transactions you can make.

b) Deposit Limits and Restrictions

For security, compliance, and regulatory reasons, Swiftier may set limits on the amount you can deposit into your account. These limits may vary based on factors such as your account verification status, transaction history, and the funding method used.

Swiftier reserves the right to adjust these limits at its discretion without prior notice.

3.4 Holding a Balance in Your Swiftier Account

Swiftier is not a bank, and as such, any funds you hold in your Swiftier Account represent an unsecured claim against Swiftier. These funds are not protected or insured by the Canada Deposit Insurance Corporation (CDIC) or any other government-backed insurance program. You are solely responsible for the security and management of the funds held in your Swiftier Account.

3.5 Transaction History

Swiftier maintains a detailed record of all your account transactions, including your current balance, deposited funds, received payments, currency conversions, withdrawals, and associated fees. This information is accessible through your Swiftier Account once you log in and may include the following:

a) Multi-Currency Balances

Your Swiftier Account may support multiple currencies, depending on the available options at the time. You can maintain a balance in one or more of these supported currencies simultaneously. You are responsible for understanding and managing the risks associated with holding balances in multiple currencies, including exchange rate fluctuations.

b) Sending and Receiving Funds

If you have a positive balance in your Swiftier Account, you can use it to:

(i) Withdraw funds to your own bank account, regardless of whether it is based in Canada, using methods such as Interac (depending on the currency), or other supported transfer options;(ii) Send funds to a beneficiary account in Canada or other supported countries as part of an international money transfer.

3.6 Limits on Inbound and Outbound Money Transactions

Your Swiftier Account is subject to limits on the amount of money you can send and receive. These limits may vary based on your account status, verification level, and other factors. If your inbound or outbound transfer request exceeds the set limits, Swiftier reserves the right to reject the transaction or impose additional verification checks, time delays, or other requirements before the funds can be processed.

Swiftier may adjust these limits at its discretion without prior notice to comply with legal, regulatory, and security requirements.

3.7 Transaction Delays

Swiftier aims to process transactions as quickly as possible, but we cannot control the time it takes for funds to be credited to your account or delivered to the intended recipient. This timing depends on factors such as the processing speed of your bank, the recipient?s bank, and any intermediary financial institutions involved.

Transactions may be delayed in the following circumstances:

• When additional identity verification is required,
• If we need to confirm or verify specific transaction details,
• Due to technical issues or system maintenance, or
• When third-party service providers impose additional checks or delays.

Swiftier is not responsible for delays caused by third-party service providers, network issues, or other factors outside our control.

3.8 Currency Conversion

a) General Currency Conversion Features

Swiftier offers currency conversion as part of its Services, allowing you to:

(i) Deposit funds in one currency and use that balance to transfer money to a third party in a different currency. (ii) Convert a balance held in your Swiftier Account into another supported currency for future use.

Currency conversions may be subject to a conversion fee, foreign exchange rates, or both. We will only process a currency conversion if we have received the relevant funds and any associated fees as specified in your Swiftier Account. It is your responsibility to ensure that sufficient funds are available for the conversion order. Swiftier is not responsible for delays in receiving funds from your bank or payment service provider.

b) Refusal of Currency Conversion Orders

Swiftier reserves the right to decline any currency conversion order at its sole discretion. Common reasons for refusal may include, but are not limited to:

• Insufficient funds in your account,
• Incomplete or incorrect recipient information,
• Suspected attempts to engage in currency trading or speculative transactions that are not permitted under this Customer Agreement, or
• Potential violations of applicable laws or regulations.

Where possible, we will notify you of the reason for the refusal using the contact information provided in your Swiftier Account or through other available communication channels. However, we may not provide notification if doing so would violate legal or regulatory requirements.

c) Exchange Rates and Fees

Before you confirm a currency conversion transaction, Swiftier will display the applicable exchange rate, including any associated fees, on the transaction confirmation screen. Once you approve the transaction, you agree to the exchange rate and fees presented at the time, and the transaction becomes final and binding.

d) Limits on Currency Conversion

Swiftier may impose limits on the amount of currency you can convert at any given time. These limits may vary based on your account status, verification level, transaction history, and other factors. Swiftier reserves the right to adjust these limits as needed to comply with regulatory requirements or manage financial risk. For more information on the applicable limits, please contact support@swiftier.ca.

e) Delays in Currency Conversion

To comply with legal and regulatory requirements, Swiftier may conduct additional verification checks before processing a currency conversion. These checks may cause delays, and Swiftier is not responsible for any resulting processing delays.

f) Cancellation of Currency Conversion Orders

You may cancel a currency conversion order for a full refund at any time before the transaction is executed. However, frequent or repeated cancellations may result in Swiftier restricting your access to the currency conversion features or other Services.

3.9 Payment Instructions

You are solely responsible for ensuring that the payment instructions you provide to Swiftier are accurate and complete. Once a payment instruction has been executed, the transaction cannot be canceled, reversed, or modified. Swiftier will not be liable for any losses you incur as a result of errors in the payment details you provide.

a) Your Responsibilities for Payment Instructions

By providing payment instructions, you agree that:

• Your instructions are accurate, valid, and given with your full consent,
• Your payment request is subject to approval by Swiftier and any third-party payment processors we may use,
• You bear all responsibility for the accuracy and legitimacy of your payment instructions, without recourse to Swiftier for any claims, losses, liabilities, or chargebacks, and
• Your instructions are subject to our legal and regulatory obligations, which may vary depending on the jurisdictions involved.

b) Fees and Taxes

Fees for sending and withdrawing funds, currency conversions, and other Swiftier Services will be disclosed to you at the time of transaction and before you confirm the payment. These fees are subject to change at Swiftier's sole discretion, and you agree to pay the applicable fees using the payment method specified by Swiftier.

• These fees may include costs incurred from your bank or third-party service providers involved in processing your transactions.
• Fees may be deducted from the funds you deposit into your Swiftier Account or from your existing balance.

c) API and Third-Party Fees

If you use Swiftier Services through an API Partner (an application programming interface provided by Swiftier for integration into third-party websites, mobile apps, or other platforms), the API Partner may charge additional fees for this convenience. These charges are separate from the standard Swiftier transaction fees and are determined by the API Partner. Swiftier may collect these fees on behalf of the API Partner.

d) Taxes

You are responsible for understanding and complying with any tax obligations that may apply to payments you make or receive through the Swiftier platform. This includes the collection, reporting, and payment of the correct amount of tax to the appropriate tax authorities. Swiftier is not responsible for managing your tax obligations or providing tax advice.

3.10 Closing Your Swiftier Account

a) Account Closure by You

You have the right to close your Swiftier Account at any time by contacting our Customer Support team. Upon initiating the account closure process, you must withdraw any remaining funds from your account within a reasonable period, but no later than 90 days from the date you notify us of your intent to close the account.

Even after your Swiftier Account is closed, you remain responsible for any outstanding obligations, fees, or liabilities associated with the account, including any pending transactions or disputes.

b) Account Closure by Swiftier

Swiftier reserves the right to suspend or permanently close your account, terminate this Customer Agreement, or restrict your access to our Services, including our mobile app, website, software, systems, and servers, under the following circumstances:

(i) You breach any part of this Customer Agreement or any other related agreements, (ii) We are legally required to do so by a competent court, government authority, regulatory agency, or law enforcement body, (iii) We suspect that you are in violation of applicable laws or regulations, including those related to anti-money laundering (AML), counter-terrorism financing (CTF), or other financial crimes, (iv) We believe you have engaged in fraudulent activity, unauthorized transactions, or other forms of criminal behavior, (v) Your account has been compromised or accessed without your authorization, (vi) We identify significant security risks or unauthorized use of your account, or (vii) You fail to provide accurate or complete information required for account verification.

If we decide to close your account for any of the reasons above, we will provide you with notice of our actions. Any unrestricted funds in your account will be made available for withdrawal at our sole discretion.

Additionally, if you or any authorized third party using your account causes Swiftier to incur losses, claims, costs, or expenses (including reasonable legal fees) as a result of breaching this Agreement or applicable laws, you agree to defend, compensate, and hold Swiftier and its affiliates harmless. This obligation will continue even after your account is closed and this Agreement is terminated.

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3.11 Communications

Swiftier may be required to provide certain information to you in writing. By accepting this Customer Agreement, you agree that we can communicate with you electronically, including through email, SMS, app notifications, or by posting notices on our website or mobile app.

We may also contact you via phone or text message using the number(s) you have provided for the following purposes:

(i) To notify you about important account activity or changes,

(ii) To investigate or prevent potential fraud, or

(iii) To provide customer support or respond to your inquiries.

While we may share your contact details with trusted service providers to assist in delivering our Services, we will not share your phone number(s) with third parties for their independent marketing purposes without your consent.

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4. Potential Issues and Liabilities

a) Reversals and Chargebacks

You are fully responsible for any chargebacks, reversals, claims, fees, penalties, and other liabilities incurred by Swiftier as a result of your actions, your breach of this Customer Agreement, or your use of the Services. If such costs arise, you agree to reimburse Swiftier in full without delay.

Payments made to your Swiftier Account may be reversed or invalidated if:

? An investigation by a bank or payment processor determines that the transaction was fraudulent,

? Swiftier mistakenly credited your account in error,

? The transaction was unauthorized or reversed by the sending bank,

? You received the funds in violation of this Customer Agreement, or

? Swiftier has a legitimate claim against you for the funds.

If you receive a payment that is later deemed invalid for any reason, you are liable to Swiftier for the full amount of the payment, plus any associated fees. You agree to repay these amounts immediately, without the need for further notice from Swiftier.

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b) Negative Account Balances

If your Swiftier Account balance becomes negative for any reason, including chargebacks, reversals, or the assessment of fees, this negative balance represents an amount you owe to Swiftier. You are required to promptly repay this negative balance, without any additional notice from us. Swiftier reserves the right to recover this amount from any future deposits, payments, or credits to your account.

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c) Errors and Unauthorized Transactions

To protect yourself from errors and unauthorized activity, you should regularly log in to your Swiftier Account and review your transaction history. Swiftier will notify you of each transaction via email or other authorized communication methods. It is your responsibility to promptly review these notifications and verify that each transaction was authorized and accurately processed.

Swiftier will cover you for unauthorized transactions if you report the issue promptly and cooperate fully in our investigation. Examples of account errors include:

? Incorrect amounts being deducted from your account,

? Funds being incorrectly credited to your account,

? Transactions being posted with incorrect amounts, or

? Transfers to or from your account that are missing or not properly identified.

If you believe an error has occurred, you must notify Swiftier as soon as possible. We will investigate and, if appropriate, correct the error within 10 business days. In certain cases, the investigation may take up to 45 days, depending on the nature of the error and applicable regulations.

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d) Understanding Unauthorized Transactions

An Unauthorized Transaction occurs when money is sent from your Swiftier Account without your permission and without benefiting you. For example, if someone gains access to your account without your knowledge and initiates a payment, this would be considered unauthorized.

However, the following scenarios are not considered Unauthorized Transactions:

? Payments made by someone you provided your account login information to, even if you did not explicitly authorize each transaction,

? Transactions resulting from your own negligence or failure to follow Swiftier?s security guidelines, or

? Payments resulting from your failure to keep your account details secure.

If you suspect that your Swiftier Account has been compromised or that an unauthorized transaction has occurred, you must notify Swiftier immediately to minimize your potential losses.

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5. Complaints

If you have a question, concern, or complaint regarding the Services, please reach out to our Customer Support team by sending an email to support@swiftier.ca. We are committed to addressing your issues promptly and professionally.

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6. Technology

Swiftier App Conditions

By agreeing to this Customer Agreement, you are granted a non-exclusive, non-transferable license to use the Swiftier App on your device, subject to the terms of this Agreement, as well as the rules of the Apple App Store or Google Play Store where you downloaded the App. All other rights are reserved by Swiftier.

From time to time, we may release updates to the Swiftier App through the Apple App Store or Google Play Store. You may be required to download the latest version and accept any new terms before you can continue using our Services. Failure to do so may result in limited functionality or loss of access to the Swiftier App.

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a) Use on Apple and Android Devices

If you are using the Swiftier App on a device running either the iOS operating system (Apple) or the Android operating system (Google), the following additional terms apply:

? Neither Apple nor Google is a party to this Customer Agreement and neither is responsible for the Swiftier App.

? Neither Apple nor Google provides any warranty for the Swiftier App and is not responsible for its maintenance, support, or any claims, damages, or expenses related to the App.

? Neither Apple nor Google will be liable for any third-party claims related to the Swiftier App, including but not limited to product liability claims, claims that the App fails to meet legal or regulatory requirements, or claims related to intellectual property infringement.

? Any support, complaints, or inquiries regarding the Swiftier App should be directed to Swiftier, not Apple or Google.

? Your license to use the Swiftier App is limited to a non-transferable license to use the App on any device that you own or control, as permitted by the Usage Rules set forth in Apple?s App Store Terms of Service or Google?s Play Store Terms of Service.

? Apple and Google, along with their subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, they will have the right to enforce this Agreement as third-party beneficiaries.

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b) Updates and Compatibility

Swiftier may release updates to the App from time to time. These updates may include security patches, bug fixes, performance improvements, or new features. You are responsible for ensuring that your device is compatible with the latest version of the Swiftier App.

Failure to update the App may result in limited functionality or loss of access to certain features. Swiftier is not responsible for any issues that arise from using outdated versions of the App.

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c) Use of Third-Party Services and Materials

Swiftier may work with third-party partners and service providers to deliver certain parts of the Services. Some functionality within the Swiftier App or Website may include links to third-party content, products, services, or other materials ("Third-Party Materials"). By using these features, you are directing us to access, route, and transmit the applicable Third-Party Materials to you.

Swiftier does not control, endorse, or guarantee the accuracy, reliability, completeness, legality, or quality of any Third-Party Materials. You understand that these materials may include inaccurate, misleading, or deceptive content. Swiftier is not responsible for the intellectual property rights or other legal claims related to Third-Party Materials, and we are not obligated to monitor or remove such materials from our platform.

The availability of Third-Party Materials within the Swiftier App or Website does not imply our endorsement or affiliation with the provider, nor does it create any legal relationship between you and the third-party provider.

Your use of Third-Party Materials is at your own risk and may be subject to additional terms, conditions, and policies set by the third-party provider, such as their own terms of service or privacy policies. It is your responsibility to review and comply with these terms.

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7. Limitations on Liability and Other General Terms

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a) Limitation on Swiftier?s Liability

Certain provinces and territories do not permit the exclusion or limitation of liability for all types of damages (including the Province of Quebec). In these jurisdictions, Swiftier will only be liable to you for damages that we are expressly required to cover under applicable law.

For all other jurisdictions, you expressly understand and agree that, to the fullest extent permitted by law, Swiftier, including our affiliates, officers, directors, agents, employees, joint venture partners, and suppliers, will not be liable for:

? Lost profits,

? Special, incidental, indirect, or consequential damages,

? Punitive damages,

? Loss of data, or

? Loss of business.

These limitations apply regardless of how the damages arise, including negligence, breach of contract, tort, or any other legal theory. Swiftier?s total liability to you or any third party in any circumstance is limited to the actual amount of direct damages.

In addition, to the extent permitted by law, Swiftier and its affiliates are not responsible for any damages or losses resulting directly or indirectly from:

? Your use or inability to use Swiftier?s Services,

? Delays, interruptions, or disruptions in Swiftier?s Services,

? Viruses, malware, or other malicious software obtained by accessing Swiftier?s Services,

? Glitches, bugs, errors, or inaccuracies in the Swiftier App, Website, or any related Services,

? The actions or inactions of third parties,

? Suspension or termination of your Swiftier Account, or

? Your need to modify practices, content, or business operations as a result of changes to this Agreement or Swiftier?s policies.

Swiftier reserves the right to modify its policies and this Customer Agreement at any time as outlined in this Agreement.

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b) Service Availability

Swiftier strives to provide reliable access to its Services, but we cannot guarantee that our Services will always be available or uninterrupted. We reserve the right to suspend, withdraw, discontinue, or change all or any part of our Services without prior notice. Swiftier is not responsible for any losses or inconveniences caused by the unavailability of our Services. You are responsible for ensuring you have the necessary hardware, software, and internet access to use the Swiftier App and related Services.

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c) No Warranty

Certain provinces and territories, including the Province of Quebec, do not allow the exclusion of warranties. In these jurisdictions, you have only the warranties that are expressly required by applicable law.

In all other provinces and territories, Swiftier, its employees, and suppliers provide the Services "as is" without any warranty or condition, express, implied, or statutory. Swiftier specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

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d) Events Outside of Our Control

Swiftier is not liable for any delays, failures, or disruptions in the Services caused by events beyond our reasonable control, including but not limited to natural disasters, power outages, internet or telecommunications failures, labor disputes, acts of government, or acts of third parties.

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e) Intellectual Property

?Swiftier,? ?Swiftier Inc.,? and the associated logos are trademarks or registered trademarks of Swiftier Inc. You may not copy, imitate, modify, or use these trademarks without Swiftier?s prior written consent. All rights, titles, and interests in and to the Swiftier Website, App, technology, and any related content are the exclusive property of Swiftier and its licensors.

You may use Swiftier?s logos, buttons, and branding for the sole purpose of linking to our Services, provided you do not alter them in any way or use them in a manner that misrepresents Swiftier?s brand or implies sponsorship or endorsement.

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f) Independent Contractor Relationship

Your relationship with Swiftier under this Customer Agreement is as an independent contractor for all purposes. Swiftier is not your agent or trustee. This Agreement does not create any partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and Swiftier.

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g) Entire Agreement

This Customer Agreement, along with any applicable policies, terms, and notices referenced or incorporated herein, constitutes the entire understanding between you and Swiftier regarding the use of our Services. This Agreement supersedes all prior or contemporaneous written or oral agreements, understandings, or communications between you and Swiftier.

If any provision of this Agreement is found to be invalid or unenforceable by a court or regulatory authority, the remaining provisions will continue in full force and effect.

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h) Governing Law and Jurisdiction

This Agreement, as well as any disputes or claims arising from the use of the Services, is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal action or dispute will be resolved exclusively in the courts of the Province of Ontario, Canada.

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i) Language

The parties have agreed that this Customer Agreement and any related documents be written in the English language.

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j) Other Information About this Customer Agreement

You may not transfer or assign any rights or obligations you have under this Customer Agreement without Swiftier?s prior written consent. Swiftier may transfer or assign this Agreement, or any rights or obligations under it, at any time without notice to you.

Each paragraph of this Agreement operates separately. If a court or relevant authority finds any provision to be unlawful or unenforceable, the remaining paragraphs will remain in full effect.

Failure by Swiftier to enforce any part of this Agreement does not constitute a waiver of our right to act with respect to similar or subsequent breaches. This Agreement is between you and Swiftier, and no third party has any rights to enforce any of its terms.

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8. Data Protection

a) Data Controller

Swiftier Inc., either directly or through one of its subsidiaries, acts as a Data Controller for the personal data we collect and process in connection with providing you with Services related to your Swiftier Account. This data processing is carried out with your consent or on a legal basis as required to meet our obligations under Anti-Money Laundering (AML) regulations, Know Your Customer (KYC) requirements, or other applicable governmental regulations.

If an account holder is under the age of 13, explicit parental consent is required before any data collection or processing can occur, in compliance with applicable laws.

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b) Privacy Policy

Protecting your privacy is a priority for Swiftier. We have developed a separate Privacy Policy to explain in detail how we collect, use, manage, secure, and store your personal information. This Privacy Policy is incorporated into this Customer Agreement by reference and is considered a part of this Agreement. You should review the Privacy Policy carefully to understand how your data is handled. To read our Privacy Policy in its entirety, please click here.

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c) Data Retention

Swiftier follows strict data retention practices to ensure that the personal information we collect is adequately protected and managed. This includes the proper handling of registration information, transaction records, and other account-related data. Our data retention policies ensure that:

? Personal data is securely stored and maintained for as long as necessary to fulfill the purposes for which it was collected,

? Data that is no longer required or has no value is securely destroyed or permanently deleted, and

? Data is retained only as long as legally required or as needed for business purposes, after which it is appropriately archived or destroyed.

We do not guarantee the long-term storage or availability of any content or information you provide, except as required by law or as outlined in our Privacy Policy.

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d) Document Destruction

Swiftier retains user data and content in accordance with its internal data retention policies and applicable legal requirements. Once the required retention period has expired, Swiftier will either archive or securely delete the data at its discretion. When deleting data, Swiftier will take reasonable steps to permanently remove the information from its systems and storage.

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e) Litigation Hold

If Swiftier is served with a subpoena, request for documents, or becomes aware of a government investigation, audit, or legal action involving the company or a client, all relevant data disposal activities will be suspended until further notice. This suspension will remain in place until Swiftier, in consultation with its legal counsel, determines that it is appropriate to resume normal data destruction processes. Swiftier will promptly notify all relevant personnel of any such suspension.

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f) Disclosures

You have the right to request a copy of any legally required disclosures, including this Customer Agreement, from Swiftier. Upon request, we will provide this information in a format that allows you to store and access it for future reference, including the ability to reproduce it without alteration. You can make such a request by contacting our Customer Support team.

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9. Swiftier Promotions

From time to time, Swiftier may offer special promotions, discounts, rewards, or other incentives to both new and existing users as part of its marketing efforts. These promotions are designed to encourage the use of Swiftier?s Services and may include referral bonuses, cash awards, or other types of benefits.

Participation in any Swiftier promotion is subject to the specific terms and conditions of that promotion, which you must read, understand, and accept before taking part. These terms will vary depending on the nature of the promotion and will be provided at the time the offer is made.

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a) General Terms for Promotions

? Expiration of Awards: Any monetary credits, bonuses, or other promotional incentives awarded as part of a Swiftier promotion must be used within 30 days of being granted, unless otherwise specified. If not used within this timeframe, the promotional benefit may expire and be removed without prior notice.

? Minimum Transaction Requirements: Some promotions may require a minimum transaction amount to qualify for the award (e.g., a minimum transfer amount of $5, subject to change).

? Modification or Withdrawal: Swiftier reserves the right to modify, withdraw, or replace any promotional offers or awards at its sole discretion, without prior notice.

? Non-Cash Redemption: Promotional credits, bonuses, or awards are non-transferable, non-refundable, and cannot be exchanged for cash, unless explicitly stated in the promotion?s terms.

By participating in a Swiftier promotion, you agree to comply with both the specific terms of that promotion and the general terms of this Customer Agreement.