Introduction

RaspberryFX (together with all subsidiaries thereof, hereinafter referred to as the “Company”, “we”, “they”, “us”, “our”, “RaspberryFX”, interchangeably) operates as a Canadian federal corporation with extra-provincial incorporation in the Province of Alberta, Canada. We are regulated by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) - Canada's financial intelligence unit and anti-money laundering and anti-terrorist financing supervisor; as a Money Service Business (MSB). MSB registration number: M23705320. Our MSB activities include Foreign Exchange Dealing, Money Transfer Service, and Payment Service Provider. It is important to note that RaspberryFX is a financial services platform, not a bank. Banking services are provided by our bank partner(s) or other registered financial institutions or MSB's who are authorized to provide such banking services.

By utilizing any of our platform and services, you (interchangeably as “users”, “you”, “your”, “client”) acknowledge and agree to comply with the terms of service and Privacy Policy.

We may amend the Terms of Service at our discretion without prior notice including requiring you to download and install the most recent version of our app. Any such changes will be communicated by posting an updated version on our website or updating the most recent version of our app. By continuing to use our platform and services, you agree to be bound by these revised terms of service or agree to use the updated version of our app. You also agree to receive notices from us electronically.

Fees Disclosure

RaspberryFX Account

To sign up, use, or improve your account, the company might ask for specific information like your name, email, phone number, address, and government issued ID. You need to confirm that the email or phone number you use is yours. Also, you promise that all the information you provide for your account, including updates, is true. You have to keep your account info up to date, and you're responsible for what happens with your account.

When you first open your account, it will be limited. With a limited account, you cannot send or receive money. To send or receive money or complete any other transactions, you must successfully pass the Know Your Customer and onboarding requirements which involves verifying your email, verifying your identity and uploading your self. The verification of your identity and any other KYC requirement is completed by the company or through a 3rd party where appropriate.

You give the company permission to check and confirm your identity using various methods. This could involve asking for more information about how you use your account, confirming that you own your email address, mobile number, or financial tools, and checking your details with other databases. Once they confirm who you are, your account will change from limited to fully accessible, giving you the ability to fund your wallet and perform other services as provided by our app.

When using our platform and services, you must cooperate if there's an investigation about potential law violations or if we need to confirm your identity or the information you provide. If you don't give us the info we ask for or if we can't verify who you are to our satisfaction, your account will stay limited. This means you won't be able to use your RaspberryFX balance to pay others or access certain services. We also have the right to change your account type or suspend/terminate your account if you give false or incomplete information. The first time you log in from a new device, we might need extra info to confirm your account. If we can't verify it, you might need to create a new account.

Offers and Deals, Cashbacks and Promotions

RaspberryFX app allows anyone use these features. We do not guarantee the availability of these services nor how the funds or rewards are issued or disbursed. All Offers and Deals are provided as is. RaspberryFX does not participate in dispute resolution or refunds. You may contact the seller directly by email to resolve any dispute.

Partial Payment

RaspberryFX app allows anyone to enable partial payment. Partial payment provides the flexibility of paying a portion of the total amount at checkout with the balance due in 60 days, or a set due date. If you (the debtor) fail to pay this due balance by the due date, you give us permission to recover this funds by any lawful means necessary. You also agree to cover any cost associated with the recovery of this due balance.

Devices and Communications

We can't guarantee that our services will work with your phone or carrier.

We require your phone number and email address during onboarding and you agree to get text messages and notifications from us. These messages could be about verifying your identity, receipts, reminders, account updates, customer support, and promotions. You don't have to agree to get promotional texts or calls to use our services. We might use automatic systems to send these messages. Your cell phone carrier might charge you for these texts.

If you give us someone else's number for a payment through our service, you promise that person agreed to get texts about that payment. You might be charged standard text rates.

You can stop getting promotional emails by using the unsubscribe option. You can avoid promotional phone calls by telling the caller not to call you again. Excluding critical and transaction messages, you are also able to opt out of certain messages from your app settings. but remember, opting out might affect how you use our platform and services.

Content Ownership

We let you upload contents including but not limited to stories, photos, company logos, selfies, promotions, provide feedback, comments, or ideas about the services voluntarily. You own the rights to your content but you give us, our partners and other raspberryfx users the right to use, share, and display your content worldwide for any reason without any obligation to you. You can edit or delete your content, but copies might still exist in our records.

We've put in measures to keep your personal information safe, but we can't promise it's completely immune to unauthorized access or use. Refrain from sharing your personal information in the public domain. It's up to you to protect your device and access to your account. If you notice any unauthorized use or security problems, let us know right away. In any event of a dispute to the ownership of an account, at our discretion, we may suspend or deactivate the account, or in good faith decide our next line of action.

Don't share anything false, illegal, or harmful through our platform and services. At our discretion, we can remove any content we find objectionable without notice. We might also check content for fraud or violations of the RaspberryFX Terms of Service. We're not responsible for offensive or harmful content, and you should be aware that using our platform and services might expose you to such content.

The use of our platform and services

All our platform and services provided shall be the exclusive property of the company, unless otherwise authorized in writing, you shall have a limited, revocable, non-exclusive, non-transferable license to use platform and services in accordance with our terms of service.

You must be over 18 years of age to use our platform and services. 13 years of age or older may use our platform and services, but must require an adult sponsor. You must not engage in any activity that is unlawful including but not limited to fraudulent and malicious activities, threatening, bullying, racist, Infringing on trademark and copyright, et al.

We may hold or send funds from your account in response to a court order, warrant, tax-related request, or in compliance with a governmental authoritative request.

We may terminate or deny you access to our platform and services without cause and without notice. You also have the right to delete your account at any time through our app; go to settings, and then “Delete Account”. Upon deletion or terminating your account, we would keep your records and transaction history for a minimum of 5 years as per our policies or regulatory requirements. Also, upon deletion or terminating your account, all balance funds in your account will be returned to you unless there is a hold or pending investigation on your account.

If your account is inactive for 12 months (meaning you haven't logged into your account in the last 12 months), we will consider your account has been abandoned and we reserve the right to terminate your account. If an available balance exists in your account, we will make multiple attempts to return your funds to you. If all attempts fail within a reasonable time period, we will escheat your funds in accordance with the applicable law.

You are responsible for all applicable taxes that arise from the use of our platform and services, You may check with a tax specialist.

While using our platform and services, If you engage in an activity that results in us getting sued or fined, you agree to cover all associated costs and our losses.

Our platforms and services are provided as-is without any warranties. To the maximum extent permitted by applicable law, in no event shall we or anyone associated with the company incur liabilities from the use of our platform or services.

Cash balance in your RaspberryFX wallet

Your balance is the money you have in your account that's ready for new transactions and not tied up in pending transactions. You're responsible for having available funds to cover any payments you make using our platform and services. If there are insufficient funds when you initiate your payment through our platform and services, you agree to reimburse us back for any fees or costs that may have been incurred because of that. Initiating money transfer on our platform is instant and an automated process; In certain instances however, there may be delays with your beneficiaries receiving the money - If your beneficiaries do not receive the money within a reasonable time period (24 to 48 hours), please reach out to us immediately as their may be issues with your transfers.

Whenever you tell us to add money from your funding sources (including but not limited to linked bank account, digital wallet, debit card credit card), you're giving us authorization to take the money from these funding sources right away. This applies to both one-time and recurring transfers. If you cancel or reverse any instructions to add funds, you're allowing us to move the money back to your funding sources. You agree to pay any fees that may have been incurred from the cancel or reversal process. You can stop this authorization by removing your funding sources from your account.

We reserve the right to set limits on the balance you can maintain in your account and can modify these limits at our discretion. The funds in your account may be unusable for certain transaction types. If a restriction is placed on your account, you cannot use your balance to make payments to other RaspberryFX users, until the restriction is removed.

Funding your RaspberryFX wallet

After successful onboarding and completing your profile, depending on your country, several methods to add funds will be made available to you. These methods will be displayed on our app by navigating to the "Fund Wallet'' section. Due to regulatory requirements, partner requirements, or our business rules, we set limits on the maximum amount of funds that is used to fund your wallet per transaction or over a cumulative period. Additionally, certain situations including but not limited to compliance analysis, scheduled maintenance, outages or unforeseen circumstances may delay your account from getting updated.

We reserve the right to impose limitations on the number of transfers you can initiate from your balance and put a threshold on the total amount of funds you can transfer. At our discretion, we may delay or further restrict such transfers to safeguard the company, other raspberryfx users or a third party from the risks associated with fines, returned transactions, fees, penalties, and other liabilities. It is prohibited to transfer funds from your wallet with the intent to evade a payment investigation. Should you attempt to transfer your balance during an ongoing investigation, we may exercise our discretion to hold your funds to protect the company, other RaspberryFX users, or third parties from the risks associated with fines, returned transactions, fees, penalties, and other liabilities. We can delay payouts, redirect funds, or limit access to your account as needed to follow the law or comply with requests from authorities. You are still responsible for all obligations related to your account, even if it's closed or restricted.

If you receive a transfer and at our discretion we later decide it shouldn't have been sent, We reserve the right to deduct the equivalent amount from your account. You agree that we are not responsible for any funds that you receive regardless of whether you had given permission for the person to send you the funds.

How we handle your funds

Customers funds are held in a separate account and will not be mixed with our operational activities. All interest earned from your account goes to the company. Customer's account is held together in one or multiple banks; even in an event of bankruptcy, your funds will be made available to you in accordance with the applicable law and in accordance with the insurance coverage our banking and financial partners hold to protect your funds.

The risk of fraud

Exercise caution when transferring funds. When you transfer funds from your raspberryfx wallet account to another raspberryfx user wallet, there is a risk of fraud that could lead to a loss of funds without any means of recovery. You agree to not hold us liable for any loss of funds as a result of fraud.

Transaction Activity

Transaction activity can be found in the Transaction section of your RaspberryFX app. You can view up to 12-months Transaction Activity history of your account in the RaspberryFX app.

Issues with your account

If you have any questions or issues with your account, you may contact us here (Email RaspberryFX) or depending on our online availability, you may chat with us directly from our app. Never share your PIN with anyone, including RaspberryFX representatives. We will never ask you for your PIN. To validate your account, we may ask you for details of transaction activities that had occurred in your account. If deemed necessary by us, we may ask you to provide us additional information via email. You must respond to our inquiry within 10 days; If you do not respond within this 10 days, we will consider your questions or issues resolved and will take no further action. We will take all necessary steps to resolve your questions or issues but may also deem it as unnecessary and not provide you with any response. While we strive to provide 24/7 operations, unforeseen circumstances including but not limited to natural disasters or outages may prevent us from doing so.

Technical glitch and recovery of funds

If a technical glitch causes funds to be deposited into your account, you must return those funds to us immediately; failure to do so will cause your account to be suspended or terminated, and you give us permission to recover these funds from you by any lawful means necessary.

Unauthorized Transactions

If you hadn't given anyone access to your account and for whatever reason you believe an unauthorized transaction had happened, you must stop using your account and contact us immediately. While we investigate, a temporary hold will be placed on your account to prevent further unauthorized transactions. If any losses occur in your account and we are at fault, in good faith, we will recover all your money. You will be required to change all your login credentials or if required, asked to create a new account.

Arbitration

If you and the company can't work out a solution for any disagreements, except those settled informally or in small claims court individually, both parties shall go through mediation and, if needed, arbitration. The arbitration would be in Edmonton Alberta or surrounding cities. The company may choose an arbitrator where it deemed suitable. If necessary, the company can ask the arbitrator to confirm they're not acquainted with either party. If the company takes legal action related to this agreement, you might have to pay for the company's costs, including reasonable attorneys' fees.

Both parties agree not to have a jury trial for any claim related to this agreement. They also agree that this waiver applies even if the agreement is amended or modified later. Each party acknowledges they've received legal advice.

All claims must be brought individually, not as part of a class action against the company. This applies to arbitration as well as similar proceedings.

Governing Law

The company terms of service are governed by laws of the Province of Alberta. You are not allowed to give your rights under our terms of service to someone else. These terms, along with any other rules we have, tell you everything about our agreement with you for using our platform and services. If there's any disagreement between these terms and any other agreement or rule, these terms takes precedence. If any part of these terms or any additional rules isn't allowed by the law, we'll change it to follow the law as much as possible, and the rest of the terms still prevails. These terms don't take away any rights we have under copyright, patent, or other laws. If we don't enforce one part of these terms, it doesn't mean we're giving up on that part or any other part.

Prohibited Activities

You agree not to engage in any transactions whether directly or indirectly that deals with any illegal products and services including but not limited to Illegal drugs, falsifying identification, documents or equipments, Adult content and services, Offer Financial Services or Money Services Business (including virtual currency); in addition to not engaging in any transactions that deals with regulated industry in any of the regions where we operate;

You agree not to engage in any transactions that directly or indirectly break any Canadian laws including but not limited to finance, consumer protection, internet tobacco sales, unfair competition, discrimination, or false advertising;

You agree not to engage in any transactions that directly or indirectly involves any adult content, including things like sexually suggestive materials or services, such as books, texts, photos, videos, X-rated movies, pornographic materials, escort services, or adult websites;

You agree not to engage in any transactions that directly or indirectly involves the use of any Canadian patent, trademark, trade secret, copyright, or other exclusive rights of anyone without permission, including copying and sharing trademarks, images, logos, software, articles, music, or videos without authorization;

You agree not to engage in any transactions that directly or indirectly involve threats, abuse, harassment, defamation, obscenity, libel, slander, deceit, fraud, or invading someone else's privacy.

You agree not to engage in any transactions that directly or indirectly involves impersonating someone else or some other organization;

You agree not to engage in any transactions that directly or indirectly involves harmful elements like viruses, malware, or any technology meant to harm or interfere with any systems, data, or personal information, or to disrupt or damage software, hardware, or equipment, or to access unauthorized data from third parties;

You agree not to engage in any transactions or activities that directly or indirectly cause disruptions to our systems or partner systems;

You agree not to engage in any transactions that directly or indirectly involves breaking of laws where we operate including but not limited to import or export laws;

You agree not to engage in any transactions that directly or indirectly involves selling or spreading fake goods and services, schemes, or promotions (like get-rich-quick schemes, pyramid schemes etc.) or participates in any unfair or deceitful actions or behaviors;

You agree not to engage in any transactions that directly or indirectly involves illegal telecommunications or TV equipment;

You agree not to engage in any transactions that directly or indirectly involve the selling real firearms.