Policies and
Terms & Conditions

End User Terms and Conditions (Canada)

These End User Terms and Conditions (“Terms”) are a legal agreement between FLEXM FINANCIAL TECHNOLOGIES LTD. (“FlexM”, “we”, or “us”) and the person (“you”, or “your”) who registered for a User Account to receive certain Services (as defined below) provided by FlexM. These Terms describe the terms and conditions that govern your use of your User Account, the FlexM FaaS, and the Services.

These Terms apply to users in Canada only. You must be a resident of Canada (that is not a resident of the Province of Quebec) and be at least 18 years old to open a Canadian User Account and use the FlexM FaaS and Services in Canada. FlexM does not offer Services in the Province of Quebec. If you reside in the Province of Quebec, then you are unable to use the FlexM Services or the FlexM FaaS. By opening and using a User Account, you agree to comply with all of the terms and conditions in these Terms, as amended from time to time.

Please read carefully the entirety of these Terms. If you do not understand any of the terms and conditions in these Terms please write to us at cs_canada@flexm.com before using the Services or the FlexM FaaS.

We may amend these Terms and any of the policies referenced in these Terms from time to time. The revised version will be effective at the time we post it, unless otherwise noted. We will inform you of updates to our Terms via in-FlexM FaaS notifications or push notifications sent to your User Account. If you do not agree to the Terms as revised, you must stop using the FlexM FaaS and Services, close your User Account and terminate your relationship with us. These Terms will continue to apply to your previous use of our services.

1. SERVICES.

FlexM owns and operates a proprietary Fintech as a Service platform (“FlexM FaaS”) that enables businesses to launch and manage their own brand eWallets, mobile apps and payment cards, and for individuals to use such eWallets, mobile apps and payment cards with businesses that accept FlexM FaaS as a form of payment. FlexM offers a digital and modern alternative to banking to its users through services made available via the FlexM FaaS (each a “Service”). Before using the Services, you must download FlexM FaaS, and register with FlexM by creating an account (a “User Account”).

(a) Availability. We cannot and do not guarantee the availability of the FlexM FaaS and the Services. We may need to interrupt, suspend, or delay the Services (or any part of the Services) for reasons that include emergencies, technical errors, or maintenance activities. The availability of the FlexM FaaS or any Service may also be affected due to any risk, or perceived risk, of misconduct, fraud, or illegal activity. You accept that we reserve the right to delay or deny any transaction, access to the FlexM FaaS (or any part thereof), or provision of the Services (or any part thereof) at any time, with or without
notice, in our sole discretion.

(b) Transaction History.
You may access your User Account to view your transaction history. You acknowledge and agree that we are under no obligation to issue a statement to you detailing the transactions conducted by you through FlexM.

The details in your transaction history are presumed true and correct unless you notify us in writing of any disputes within twenty-four (24) hours from the time of transaction. If no dispute is reported within twenty-four (24) hours, all transactions and the entries in the transaction history will be deemed correct.

Disputed transactions shall only be credited back to your User Account by us once the dispute has been properly processed, investigated, and if there is a clear finding that you are entitled to the credit.

(c) Content Accuracy. FlexM takes reasonable measures to provide you with accurate information, however you acknowledge that the FlexM FaaS and any content thereon may contain errors and may not be accurate or current at all times. FlexM may, but is not obliged to, notify you of any updates or amendments to its products and the Services. You are responsible for checking the FlexM FaaS to keep yourself updated of changes. You should verify all information obtained through or from the FlexM FaaS before relying on it. All decisions you make based on information contained on the FlexM FaaS are at your sole risk, and FlexM has no direct or indirect responsibility in relation thereto.

(d) Security and Viruses. Any use of the Internet (including in connection with web or mobile applications) is vulnerable to threats including virus attacks and communication failures. FlexM is not liable in any way for (i) any damage or interruptions caused by any (a) computer viruses, spyware, Trojan horses, worms, or other malware that may affect your systems, mobile device, computer, or other equipment or (b) phishing, spoofing, or other virus attacks; or (ii) for any loss or damage you may sustain in connection with any of the foregoing. FlexM recommends that all users always use comprehensive virus screening and prevention software. It is advisable that you only log into your User Account through the FlexM FaaS.

2. USER ACCOUNT.

You represent that any information you provide to us in accordance with this Section 2 is true and accurate at the time it is provided to us. We may request additional information at any time we consider necessary, including in relation to any suspicious activity related to your transactions or your User Account.

(a) Registration. To register for a User Account, you must provide us with your name, email address, and/or Canadian mobile telephone number. We may also collect additional information in accordance with our Privacy Policy.

You acknowledge and agree that we may, at any time in our sole discretion, refuse to open a User Account for you. Until you have submitted, and we have reviewed and approved all required information, your User Account will be available to you on a preliminary basis only, and we may terminate it at any time for any reason.

By registering for a User Account, you expressly represent and warrant that you are (i) at least eighteen (18) years of age; (ii) not a resident of the Province of Quebec; and
(iii) have full legal capacity to accept these Terms and enter into any transaction.

(b) Verification. In addition to the information you provide us with during the course of registration, you agree to provide us with any and all information that we may request from time to time in accordance with our Privacy Policy. You accept that we may keep records and use such information for the reasons set out in our Privacy Policy including necessary legal or business purposes even after you have terminated your User Account or ceased accessing or using FlexM FaaS or the Services. You agree that in the event the balance in your User Account amounts to or exceeds thresholds set out in our internal policies or any applicable legal requirements, you may need to complete and provide additional verification information.

You authorize us to retrieve information about you from third parties (whether directly or through a third party). You acknowledge that your information may need to be disclosed to third parties (e.g., credit reference, screening service providers, and fraud prevention or financial crime agencies) to conduct inquiries. You further acknowledge that (i) we may use your information to verify your identity and anyother information you provide to us, as well as to protect against financial crime or fraud; and (ii) any information that we collect may affect our assessment of your overall risk to our business. You acknowledge that in some cases, such information may lead to suspension or termination of your User
Account.

(c) Updates and Security of Information. By creating a User Account, you agree to provide us with current, accurate, and complete information about you and to keep such information up to date at all times. You acknowledge that you are responsible for maintaining the confidentiality of the information related to your User Account, including your User Account password, information pertaining to the methods you use to top up the balance in your User Account, and information regarding all activity and transactions that are published on your User Account.

(d) Restrictions and Prohibited Uses. If you are an individual, by creating a User Account, you agree to use the FlexM FaaS only for your own personal and non-commercial use. You agree that you will not (i) use any user account other than your own; (ii) access the user account of any other user; or (iii) assist other users in obtaining unauthorized access to your User Account or the Services or attempt to do any of the foregoing.

You agree that you will not use your User Account or the Services to perform or attempt to perform any criminal or unlawful activity, including money laundering; illegal gambling operations; terrorist financing; fraud; abusive activity; harassing any person; providing unfair, predatory, or deceptive services; intellectual property infringement; or malicious hacking (each, a “Prohibited Use”).

(e) Suspicious Activity. We reserve the right to suspend any transactions on your User Account pending our review of any suspicious activity. You agree to comply with any of our requests and accept that we reserve the right to terminate your User Account should you fail to comply with such requests.

(f) User Account Content.
Should you upload any content to your User Account (including any text, photographs, images or other material in any format) (“Content”), you warrant that such Content will not contain any: (i) false or misleading information; (ii) misappropriated content or copyrighted material that you have not been authorized to post; or (iii) obscene, offensive, profane, or unlawful content, or any content that we consider, in our sole discretion, to have the potential to harm or risk FlexM’s, or one
of our service providers’, operations or reputation.

FlexM may at any time, in its sole discretion, remove any Content it considers to be inappropriate, or in breach of this Section 2(f). FlexM may also take any further action, including suspending or terminating your access to your User Account, as FlexM deems, in its sole discretion, to be necessary.

You acknowledge that FlexM cannot and does not endorse or guarantee the authenticity, accuracy, or reliability of any content or information posted by any user of the FlexM FaaS, or of that user’s credibility. You accept that any reliance you may place on such content is at your own discretion and you bear sole risk.

(g) Login Information Security. You are solely responsible for always keeping your login information and password strictly confidential. Any compromise of your login information may expose your User Account to unauthorized access by third parties, which may result in the loss or theft of funds from your User Account or any other account or information linked to it (e.g., your linked bank accounts or debit or credit card information). You are responsible for all actions and activity under your User Account.
We are not responsible or liable for any damage or loss you may sustain as a result of your User Account login credentials being compromised. Any suspected compromise of your login information
should be immediately reported to customer service at cs_canada@flexm.com.

(h) Dormant Account. If there have not been any transactions in your User Account, other than transactions initiated by us, for a period of 365 days, your User Account will be deemed dormant. Your User Account services will be frozen, and you will be required to contact our customer service to reactivate your User Account services. Additional identification checks may be required to re-activate your User Account.

3. TRANSACTIONS.

(a) Undertaking Transactions. You may undertake transactions after you have registered for a User Account and all relevant verification processes are complete. Permitting you to engage in any transaction does not and will not impose any obligation on FlexM to ensure that third parties you wish to transact with are able to accommodate your request.

FlexM does not guarantee that all payment methods will be available to you. The availability of each payment method depends on factors including your location, the identification information that you have provided to us, and limitations imposed by third party payment processors.

We will use reasonable efforts to facilitate the completion of your transactions in a timely manner. However, you acknowledge that transactions may not always be completed immediately. You further acknowledge that your transaction may not be capable of completion in certain instances. Where a transaction cannot be completed, you agree that FlexM may provide you with a refund of the amount paid or transferred. Providing a refund will be FlexM’s sole liability related to such incomplete transactions.

Using the Services on the FlexM FaaS does not provide you with a guarantee that all merchants from whom you wish to purchase goods or services will accept FlexM as a payment method. In no event will FlexM be obligated to compel merchants to accept payments made through FlexM.

We may impose limits on transactions (such as limits on amounts, volumes, or frequency), and we may change any such limit, or remove a limit, from time to time. The current limits on transactions are set out in the FAQ section of the FlexM FaaS.

(b) Payment, Clearing and/or Settlement. In respect of all payment instructions, items, and instruments that we process through any (i) clearing or settlement system or (ii) payment network, our rights, practices and liabilities are subject to the applicable laws, regulations, and by-laws and/or agreements with the authorized operator of the relevant payment system. We will not be liable to you for any loss or damage arising from the acts or omissions of any person, including yourself, in relation to any payment system unless the same arises as a direct result of, and to the extent caused by, our gross negligence
or willful misconduct. You consent to our disclosing your information (in accordance with our Privacy Policy) to the operators of the applicable payment systems, our agents and such other persons having access to our records as may be required under any applicable law, regulations, by-laws and/or agreements.

(c) Termination, Non-Processing, or Suspension of Transactions.
Payments initiated in relation to a transaction may be declined for various reasons, including those beyond our control. You acknowledge that we may terminate a transaction where payment was declined for any reason. We will notify you as soon as reasonably possible in the event of our termination of any transaction.
You further acknowledge that FlexM reserves the right to suspend the processing of, or refuse to process, any pending transaction if required to do so by applicable law, rules, regulations, court orders, or the direction from any governmental authority, or in the event that any transaction violates (or is likely to violate) any provision of these Terms, or puts FlexM’s operation or reputation at risk. In addition, FlexM may take any further action as available to it under any applicable laws or regulation.

(d) Disputed Transactions. You acknowledge that you cannot cancel or reverse a completed transaction or order that has been submitted. It is your responsibility to check all orders before placing them. Where parties to a disputed transaction (including as applicable, any chargebacks) are FlexM users, the applicable funds will be withheld by FlexM and will not be released to either party until such dispute is resolved. Where the dispute is settled in favour of a party, FlexM will arrange for the return of funds to the applicable FlexM user’s user account. Where one of the parties to a disputed transaction is not a user of the FlexM FaaS, FlexM may not be able to arrange for a return of funds. You agree not to hold FlexM liable for any loss or damage you may sustain in connection with such a dispute.

4. REWARDS, PROMOTIONS, AND REFERRAL PROGRAMS.

As applicable, our current and potential Rewards, Promotions and Referral programs for our users, are subject to change or cessation at any point in time. You agree that we will not be liable for any loss or damage resulting from the cessation of or any change in the terms and conditions of our Rewards, Promotions, Referral programs and their related benefits. FlexM will endeavour to provide reasonable advance notice to you of any such
changes and/or cessation.

5. FEES AND TAXES.

(a) The fees applicable to your use of the FlexM FaaS and Services are declared to you at the time of your transaction. If you do not accept the fee for your use of the FlexM FaaS and Services as declared at the time of transaction, you must not complete the applicable transaction. Your completion of an applicable transaction indicates your acceptance of, and agreement to pay FlexM, the applicable fee.

(b) You agree that you are responsible for identifying and determining the taxes applicable to you and your transactions on FlexM FaaS and that FlexM has no obligation whatsoever to do the foregoing for you. We do not, and will in no event be deemed to, provide any tax advice or tax consultation services. You acknowledge that it is your responsibility to report and remit all taxes payable to the appropriate tax authorities.

6. SUSPENSION, RESTRICTION, OR TERMINATION.

(a) Termination by FlexM. FlexM may, at any time and in its sole discretion, suspend, restrict, or terminate your User Account or access to or use of FlexM FaaS and Services. FlexM may suspend, restrict, or terminate your User Account in any of the circumstances set out in these Terms, and including because of any of the following:

i. your violation of these Terms, including your failure to make payment for any transaction;

ii. your attempt(s) to gain unauthorized access to FlexM FaaS or another users’ user account, or provision of assistance to any other person(s) attempting to do so;

iii. our reasonable suspicion that your User Account or any transaction is related to any criminal activity or Prohibited Use, or is not compliant with any applicable laws or regulations;iv. a court order, law enforcement, or other government regulatory order from any applicable jurisdiction, or if your User Account is subject to litigation or investigation;

v. your abuse of FlexM FaaS or Services;

vi. any of FlexM’s third party providers refusing to provide you with services;

vii. potential legal liabilities that FlexM believes you may be involved in, that will impede
access to and use of FlexM FaaS or Services; or

viii. any force majeure events, including any operational or technical errors.

Upon any suspension, restriction, or termination of a transaction, FlexM is under no obligation to allow you to reinstate such transaction. Should you decide to initiate a fresh transaction as a result of such suspension, restriction, or termination, FlexM reserves the right to suspend, restrict, or terminate the same in accordance with these Terms. If the transaction is permitted, FlexM is not obliged to provide you with the same price or same terms as any suspended, restriction, or terminated transaction.

In the event your User Account is terminated by FlexM, we may provide you with notice of termination, but FlexM is under no obligation to provide any information regarding the reason for such termination.

(b) Termination by you. You may terminate your User Account at any time by submitting a termination request to customer service via the “chat” function in the FlexM FaaS or to cs_canada@flexm.com. You agree that you are responsible for fulfilling all outstanding payment obligations to FlexM that exist as of the effective date of termination. You further agree that FlexM reserves the right to suspend any pending transactions at the time of termination.

After termination, if there are remaining amounts in your User Account, we may hold the balance amount until you provide us further information or documentation for verification purposes, or as may be required by applicable law and regulation. All refunds must be made to a registered bank account in Canada.

Upon termination of your account, your personal data will be retained or destroyed in accordance with our Privacy Policy.

You agree that we shall not be obliged to return or refund any balance amount in your User Account except when you terminate your User Account in accordance with these Terms. Any return or refund of a balance amount is subject to deduction of any outstanding fees owed to us, and you providing us with such information as may be required to verify your identity.

7. USER FUNDS DISCLOSURE.

FlexM shall hold all user funds in a bank account. FlexM shall use your user funds only in accordance with your instructions, and not for any other corporate purposes. However, the funds may co-mingle with the money of other users of the FlexM FaaS. Please note that you may not get all your money back if the safeguarding institution becomes insolvent.

8. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION.

In this Section, we use the term “FlexM” to refer to FlexM Financial Technologies Ltd., our parent FlexM Global Pte. Ltd., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers,service providers and suppliers. Our affiliates include each entity that we control, we are controlled by, or we are under common control with.

(a) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. FLEXM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FLEXM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO FLEXM FAAS, THE SERVICES, OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN WILL BE ERROR FREE, CONTINUOUS, UNINTERRUPTED, OR ACCURATE.

(b) IN NO EVENT WILL FLEXM OR ITS SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURE PARTNERS, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR DATA, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF FLEXM FAAS OR SERVICES OR THESE TERMS.

(c) WE WILL ONLY BE LIABLE TO YOU FOR LOSS OR DAMAGE THAT IS CAUSED DIRECTLY BY OUR GROSS NEGLIGENCE, FRAUDULENT ACT, OR WILFUL NEGLECT, THAT RESULTS IN A BREACH OF THESE TERMS. OUR LIABILITY IN THESE CIRCUMSTANCES WILL BE LIMITED TO AN AMOUNT THAT IS NO GREATER THAN THE LESSER OF THE (A) AMOUNT OF THE DISPUTED TRANSACTION AND (B) TOTAL VALUE OF THE BALANCE FUNDS IN YOUR ACCOUNT AS OF THE DATE OF THE OCCURRENCE OF THE EVENT THAT DIRECTLY CAUSED THE LOSS CLAIMED.

(d) FlexM makes no warranties, representations, or guarantees regarding the time required to complete processing any request provided by you.

(e) You agree to indemnify and hold FlexM, its affiliates, employees, directors, representatives, and service providers, and each of its or their respective officers, directors, agents, joint ventures, employees, and representatives harmless from any claim or demand arising out of or related to your: (i) breach of these Terms; (ii) use of the FlexM FaaS or the Services; or (iii) violation of any applicable law, rule, regulation, or rights of any third party.

9. RELEASE.
Any dispute (including “chargebacks” and “disputes” as used by providers of payment methods) between you and any other user(s) (including, for clarity, any merchant) of FlexM FaaS will be exclusively resolved between you and such user. You hereby release FlexM, its affiliates and service providers, and each of their respective officers, directors, agents, joint ventures, employees, and representatives 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 dispute.

10. MODIFICATIONS, AMENDMENTS, OR TERMINATION OF THE FLEXM FAAS OR SERVICES.

Notwithstanding anything expressly to the contrary in these Terms, you acknowledge and agree that FlexM may, without notice and with immediate effect, suspend or terminate the operation of the FlexM FaaS or the provision of any part of the Services offered therein in its’ sole discretion, including because of the following events: the continued operation or provision becomes illegal, it becomes subject to demand by any competent authority, oris under any risk or exposure to any claims that are adverse or detrimental to FlexM FaaS or Services. FlexM reserves the right to modify, suspend, or terminate the provision of any Service or content in whole or in part at any time without notice.

You agree that FlexM is not liable to you or any third party for any such modification, suspension, termination, amendment, or update, except to the extent otherwise expressly set forth herein. If you do not agree to any such modification, suspension, termination, amendment, or update, please immediately discontinue use and access to FlexM FaaS and all Services.

11. EXTERNAL CONTENT.

You acknowledge and agree that FlexM makes no representations whatsoever about any other websites or services which you may access through this FlexM FaaS. FlexM FaaS may present links or other forms of reference to other websites or resources (the “External Websites”) over which we have no control. You acknowledge that FlexM does not endorse or make any representations in relation to any of the External Website services or offerings made to you or any content provided therein. We are not responsible for the availability of, and content provided on External Websites. You will be subject to, and are responsible for reviewing, the applicable terms and conditions and policies posted by the External Websites regarding privacy and other topics. We are not responsible for third party content accessible through FlexM FaaS, including opinions, advice, statements, prices, activities, and advertisements, and you agree to bear all risks associated with the use of such content. You further agree to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

12. INTELLECTUAL PROPERTY.

(a) You may not copy, imitate, modify or use FlexM’s Intellectual Property Rights without prior written consent. All right, title and interest in and to the FlexM websites and the FlexM FaaS, any content thereon, the FlexM services, the technology related to the FlexM services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of FlexM and its licensors. “Intellectual Property Rights” means all rights in and to, or arising out of any patents, inventions (whether patentable or not in any country), improvement, trade secrets, proprietary or confidential information, know-how, software, technology and technical data, copyrights, trademarks,
trade names, and any and all applications, registrations, renewals, and extensions of any
aforementioned rights thereof, whether arising by operation of law, contract, license or otherwise, and any other rights generally referred to as “intellectual property rights” under law existing now or later recognized in any jurisdiction.

(b) FlexM grants you a limited, non-transferable, non-exclusive license to access and use: (i) the FlexM FaaS; (ii) the Services; and (iii) any related content, data, and information provided on FlexM FaaS subject to these Terms (as may be amended by us from time to time) and exclusively for your personal and non-commercial use. You undertake to refrain from directly or indirectly exploiting any of FlexM FaaS content or any part thereof including, without limitation, by copying, modifying, creating derivative works, reverse engineering, disassembling, distributing, selling, or licensing any of the same without our
prior written consent.

(c) FlexM does not claim ownership of the content that you provide, upload, submit or send to FlexM. When you provide content to FlexM or post content using FlexM services, you grant FlexM (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated Intellectual Property Rights and publicity rights to help us improve, operate and promote our current services and develop new ones. FlexM will not compensate you for any of your content. You acknowledge that FlexM’s use of your content will not infringe any Intellectual Property Rights or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against FlexM.

13. PRIVACY.
Protecting your privacy is important to us. Please review our Privacy Policy to understand our commitment to maintaining your privacy, as well as our use and disclosure of your personal information.

14. GENERAL PROVISIONS.

(a) Assignment. You may not assign these Terms in whole or in part, including any rights or licenses granted to you under these Terms. We reserve the right to assign these Terms in whole or in part, including to our affiliates or subsidiaries, or any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation of this Section 14(a) shall be null and void. Subject to the foregoing, these Terms shall bind and enure to the benefit of FlexM and you and their respective successors and permitted assigns.

(b) Severability. Each provision of these Terms shall be interpreted in such a manner as to be effective and valid under applicable law. Any invalid or unenforceable provision shall be deemed severed from these Terms and the balance of these Terms shall be construed and enforced as if these Terms did not contain the particular provision(s) held to be invalid or unenforceable.

(c) No Waiver. Any failure or delay to act on our part with respect to a breach of these Terms by you or others does not waive our right to act with respect to such breach or any subsequent or similar breach.

(d) No Deposit Insurance Coverage. You acknowledge and agree that FlexM is not a deposit account and is not covered by any deposit insurance, including the Canada Deposit Insurance Corporation’s insurance of eligible deposits.

(e) Set-Off. Without prejudice, and in addition to any right of set-off to which we are entitled, we may, upon written notice to you, set-off any amounts owing to us by you against any amount which we owe to you, and we are hereby authorized to perform such set-off without your prior written consent.

(f) Change of Control. In the event that FlexM is acquired by or merged with a third party entity, FlexM reserves the right to transfer or assign the information it has collected from you as part of such merger, acquisition, sale, or other change of control.

(g) Survival. The provisions of Sections 5, 2(h), 8, 9, and 14 shall survive the expiration or termination of these Terms. All other provisions of these Terms which by their terms or import are intended to survive such expiration or termination, shall survive.

(h) Governing Law and Dispute Resolution. These Terms shall be governed by the laws of the Province of Ontario. If a dispute arises between you and us, our goal is to learn about and address your concern. Disputes between you and us regarding the Services may be reported to us at the address set out in Section 15(b), and both parties shall use best efforts in good faith to mutually negotiate and resolve the dispute. If the parties are unable to resolve the dispute, the parties agree to submit to the exclusive jurisdiction of the courts in Ontario for the determination of the dispute.

(i) Force Majeure. FlexM is not and will not be held liable for delays, interruptions, or failures in the performance of the Services or availability of the FlexM FaaS that are a result, directly or indirectly,from anything beyond its reasonable control including: telecommunications or utility failures or interruptions, labor strife, riots, war, or terrorist attacks, any act of God, epidemics, pandemics, government enforced lockdowns, nonperformance of our vendors or suppliers, acts of civil or military authorities, civil disturbance, major currency devaluation, fire, Internet services or network provide
services failures or interruptions, cyber-attacks or breaches in cyber security, failure of equipment or software, or any other occurrence which is beyond FlexM’s reasonable control. For clarity, FlexM will not be liable for any loss or damage sustained in connection with the foregoing circumstances.

(j) Terms in English; Translation of Terms. It is the express wish of the parties that these terms and any directly or indirectly related documents be drawn up in English. Any translation of these Terms is provided solely for your convenience and is not intended to modify the terms of these Terms. In the event of a conflict between the English version of these Terms and a version in a language other than English, the English version shall control. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais. Toute traduction de ces conditions d’utilisation est uniquement fournie pour votre
commodité et ne vise pas à modifier les modalités de ces conditions d’utilisation. En cas de conflit entre la version en anglais de ces conditions d’utilisation et une version dans une langue autre que l’anglais, la version en anglais prévaudra.

15. CONTACT INFORMATION.

(a) Contacting You. In the event that we are required to contact you, you agree that we may do so via short message service, electronic mail, in-FlexM FaaS notifications, or push notifications/pop-ups. You can opt-out of receiving commercial or marketing messages (not otherwise required by applicable law or necessary for your use of the Services or FlexM FaaS) at any time by using the unsubscribe mechanism provided in the message or by contacting cs_canada@flexm.com.

(b) Customer Feedback. If you have any questions, feedback, or complaints, you may contact FlexM via our customer service at cs_canada@flexm.com.

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