Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, KYC AND AML COMPLIANCE AGREEMENT, AFFILIATE AGREEMENT, AND OTHER SEPARATE AGREEMENTS OUTLINED HEREIN (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND EXACT CASH INC. AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS (HEREINAFTER REFERRED TO AS “EXACT CASH INC.,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM, PRODUCTS AND SERVICES AND ALL OTHER INTERACTIONS WITH EXACT CASH INC. RELATED TO THE PLATFORM, PRODUCTS AND SERVICES.IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT CREATE AN ACCOUNT, OR USE THE PLATFORM, PRODUCTS AND SERVICES. BY CREATING AN ACCOUNT, PLACING AN ORDER, SUBMITTING PAYMENT, COMPLETING A TRANSACTION, OR USING THE PLATFORM, PRODUCTS AND SERVICES YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. 

Exact Cash Inc. reserves the right to modify these Terms at any time.

Such modifications become effective immediately upon posting. Your ongoing use of the Platform, Products and Services after the publication of any amended Terms signifies your acceptance and agreement to the changes.

It is advisable to seek legal counsel to verify that your use of the Platform, Products and Services aligns with these Terms and all relevant laws.

  1. Use of the Platform, Products, and Services.

1.1. Age Restrictions. To engage with the Platform, Products, and Services, you must be at least 18 years of age. By agreeing to these Terms, establishing an account, or utilizing the Platform, Products, and Services, you affirm that you meet this age requirement. Creating a customer account is prohibited unless you are 18 or older.

1.2. Account Ownership for the Platform, Products, and Services. Accessing the Platform, Products, and Services requires you to provide accurate, up-to-date, and complete registration information. These resources are designed for professional or business purposes. You, as the individual agreeing to these Terms, will be recognized as the account holder, unless you are representing a business entity. In such cases, the account is owned by the business itself. By agreeing to these Terms on behalf of a business, you declare and assure that you possess the necessary authority to commit the business to these Terms and provide a personal guarantee in the event of default.

1.3. Permissible Use. Both you and your clients are authorized to engage with the Platform, Products, and Services solely for legitimate objectives, aligning with these Terms. You commit that neither you nor your clients will exploit the Platform, Products, and Services in any manner that infringes upon any applicable law, regulation, or results in Prohibited Uses. Furthermore, you assert and guarantee that:

(i) You and your clients will sustain all required licenses, permissions, authorizations, consents, and permits to fulfill your obligations under these Terms;

(ii) You bear full accountability for your conduct and the actions of your employees, agents, and clients in relation to the use of the Platform, Products, and Services;

(iii) You accept full responsibility for your clients' engagement with the Platform, Products, and Services;

(iv) Neither you, your employees, agents, nor your clients will falsely represent the Platform, Products, or Services;

(v) You will disseminate these Terms to your employees, agents, and clients, ensuring they comprehend their adherence to these Terms upon utilizing or providing access to the Platform, Products, and Services;

(vi) You possess or have the rights to all content you contribute to Exact Cash Inc., including any code used for custom web and app development projects unrelated to our ATM Products and Services;

(vii) You are solely liable for your utilization of the Platform, Products, and Services, encompassing the quality and integrity of any data or other material, including information, you make available to us via the Platform, Products, and Services; and

(viii) You, your employees, and your clients agree to provide reasonable cooperation regarding information requests from law enforcement, transaction processors, regulatory bodies, or telecommunications providers. We, at our discretion, will forward any relevant requests from the aforementioned parties to you, when they pertain to your utilization of The Platform, Products, and Services, and reserve the right to suspend or terminate your account and relationship with Exact Cash Inc., and access to the Platform, Products and Services.

1.4. Privacy Commitment. Engaging with the Platform, Products, and Services and submitting information through them signifies your agreement to Exact Cash Inc.'s handling and revealing of such information, adhering to the Privacy Policy hereby incorporated by reference. You acknowledge that Exact Cash Inc. bears no responsibility or liability for the removal or the inability to store any information or content uploaded or transmitted via the Platform, Products, and Services. Upon granting your customers access to the Platform, Products, and Services, it's mandatory for you to apply and uphold a Privacy Policy of your own, ensuring a level of protection that meets or exceeds the one Exact Cash Inc. offers to you. It is essential to secure an explicit consent from your customers, confirming their agreement to abide by your privacy policy. You assert and guarantee that you have adequately informed and will continue to inform your customers, as well as obtained and will continue to obtain the requisite consents and permissions to share your customers’ data with us, facilitating its use and disclosure consistent with these Terms and our Privacy Policy.

1.5. Security of Access Credentials. You bear sole responsibility for safeguarding the confidentiality of your access credentials including web and portal credentials, ATM master and admin passwords, and ATM vault passwords. All activities conducted through the Platform, Products, and Services with your access credentials are your responsibility, irrespective of your authorization of such activities. You are obliged to promptly inform Exact Cash Inc. upon becoming aware of any unauthorized access or use of your account or access credentials, or any other security breach. Exact Cash Inc. retains the authority to deactivate your access credentials, or ATM, at its sole discretion, at any time, for any or no reason, particularly if there's a belief that you have breached any terms of this agreement. Accounts associated with the Platform, Products, and Services are strictly non-transferable. You must take necessary actions to prevent unauthorized access to your account. You are solely responsible for protecting your access credentials. In instances where these credentials are associated with hardware, such as master passwords or ATM vault passwords, and you find yourself unable to recall, misplace, or fail to authenticate using these credentials necessitating a reset, you will bear all related expenses. This encompasses costs for reprogramming ATMs and their components. Specifically, for ATM vault passwords, resetting may necessitate lock replacement, potential locksmith services for drilling, and vault door repair or replacement. Exact Cash Inc. does not retain a copy of your vault passwords and is unable to reset the lock without undertaking a complete lock and possible door replacement,  for which you will incur significant repair costs that are not covered under our wear and tear maintenance coverage.

1.6. Responsibility for Use of Communication Features. The Platform, Products, and Services may offer communication functionalities, including but not limited to SMS, MMS, email, voice calls, and other communication methods primarily available for iQ Platform and other customers, and automated low cash email alerts with certain ATM customers. By utilizing these features, you accept sole responsibility for all outgoing communications via the Platform, Products, and Services. This includes adhering to all relevant regulations, such as the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. You affirm your understanding of and commitment to comply with these laws. Exact Cash Inc. does not assume responsibility for your legal adherence and does not guarantee that your utilization of the Platform, Products, and Services aligns with any specific laws. Exact Cash Inc. for this use functions purely as a provider of technology-based communication service applications. Exact Cash Inc. does not create, transmit, or manage the delivery of any communications through SMS, MMS, email, or other methods, which are delivered by third-parties. The crafting, scheduling, dispatch, fraud prevention, and call blocking services are managed by you. All forms of communication, whether SMS, MMS, email, or other, are produced and initiated by you and/or your customers, whether directly by you or automatically through the Platform, Products, and Services under your instruction.

1.7. Third-Party Service Interactions. The Platform, along with its Products and Services, may engage with or provide access to third-party service providers. Exact Cash Inc. is not liable for the performance or availability of any such third-party services. This encompasses a range of services including, but not limited to, ATM connectivity via telecommunication providers like Rogers or Bell, transaction processing through entities such as TNS Smart Network or similar, email hosting via iQ platform providers, business communication solutions from Twilio, as well as payment processing and verification through Stripe, Wave, GoCardless, among others. In the event you decide to suspend or fully delete your account, be aware that certain functionalities or services (for example, iQ Platform business phone forwarding or email services) may not be retrievable upon reactivation of your account. Should your account remain suspended, in whole or in part, for a period exceeding thirty (30) days, and if Exact Cash Inc. continues to bear costs on your behalf for third-party services (like preserving a particular phone number), Exact Cash Inc. reserves the right to relinquish such services or partially/fully terminate your account, without any liability. Exact Cash Inc. expressly disclaims any responsibility for interruptions or the non-availability of third-party services.

1.8. Third-Party Content. The Platform, Products, and Services may contain content from third parties. Engaging with or relying on such third-party content is solely at your discretion and risk. Opinions and statements made within third-party content are those of the third parties and do not necessarily represent the views of Exact Cash Inc. Exact Cash Inc. does not endorse, guarantee, or assume responsibility for third-party content and disclaims any liability related to it. You are accountable for ensuring that your interactions or dealings with third-party content adhere to these Terms and all relevant laws.

1.9. Personalization. The iQ Platform may enable you to design bespoke, personalized websites and funnels featuring your distinct branding elements, such as your name, logo, trademark, and chosen color schemes. You bear full responsibility for addressing any copyright, trademark, or other intellectual property issues associated with the customized presentation for you and your customers on the Platform, Products, and Services. It's essential to recognize that your ability to personalize might be constrained to ensure the Platform, Products, and Services do not appear as if they were independently developed by you. For instance, customization options for ATMs such as adding text to the main screen and receipt paper header and footer on ATM equipment to display the location name, maintenance contact numbers, and special offers are permitted. However, full rebranding of the interface is exclusively available to large institutional banks that engage in transaction acquiring and employ our services for location management. These customizations are achievable without altering or tampering with the original ATM software code base and represent standard features of most ATMs. Exact Cash strictly prohibits any editing, attempts to edit, or modifications to the existing ATM software and code base. Exact Cash Inc. reserves the right to withdraw any of your customizations at any time, without providing prior notice and without incurring any liability to you to maintain the integrity of our network.

1.10. Excessive Use Restrictions. Our Platform, Products, and Services are structured around a tiered-pricing system, tailored to support varying degrees of data and transaction processing demands while maintaining optimal performance. Exact Cash Inc. disclaims any liability for performance issues arising from your excessive use of data. Should we, at our sole discretion, deem your use of data to exceed reasonable, expected levels in a manner that is excessive, detrimental, or disrupts the functionality of our offerings, we reserve the right to:

(1) mandate an upgrade to a higher service tier that better matches your usage patterns, particularly if your current activity surpasses the designed threshold of your subscribed tier or if the operational expenses to accommodate your usage exceed your subscription fees;

(2) suspend or terminate your access to our offerings; and/or

(3) implement restrictions on your data processing capabilities.

1.11. Platform, Products, and Services Updates. Exact Cash Inc. retains the unrestricted right to implement updates or modifications to the Platform, Products, and Services at any time, which may alter its current operations in order to improve our offering or comply with regulations. Your continued use of or subscription to our offerings is not dependent on Exact Cash Inc. committing to deliver or release specific features or functionalities, nor the continuation of any particular Service or third-party services.

1.12. International Usage. Access to and use of our Platform, Products, and Services are expressly prohibited for individuals or entities located in embargoed territories or for those subject to sanctions. Exact Cash Inc. makes no representation that the content and functionalities of our offerings are appropriate or accessible for use outside of Canada and the United States. If you opt to engage with our offerings from locations beyond Canada, you do so on your own initiative and are responsible for adherence to local regulations, including those pertaining to online product purchases and taxation. Any promotional or sales offers related to the Platform, Products, and Services are deemed invalid where prohibited by law. Currently, our ATM products and services are exclusively available to customers within Canada, excluding businesses based in Quebec that are not Federal Canadian Corporations, or intend to operate the ATM within Quebec.

1.13. You Are Not Exact Cash Inc. You must not represent yourself as an employee or official representative of Exact Cash Inc. in any capacity while reselling or distributing access to the Platform, Products, or Services. Furthermore, directing your customers to contact Exact Cash Inc. directly for questions or support related to the Platform, Products, or Services is strictly prohibited, unless there is a separate service or maintenance agreement in place that explicitly permits such re-routing of your customers.

1.14. Account Suspension and Termination Rights. Exact Cash Inc. reserves the right, at its sole discretion, to suspend or terminate your ability to resell or distribute access to the Platform, Products, or Services. This action may be taken with or without prior notice, should you breach these Terms, fall into regulatory non-compliance, or for any other reason deemed sufficient by Exact Cash Inc.

  1. Restricted Activities.

 Engaging in any of the activities listed below is strictly prohibited on the Platform, Products, and Services. Participation in such actions constitutes a significant breach of this Agreement, warranting immediate suspension or termination of your access by Exact Cash Inc. without prior notice:

  • - Utilizing the Platform, Products, and Services in any way that violates applicable laws or regulations.

  • - Using the Platform, Products, and Services to exploit, harm, or attempt to exploit or harm individuals in any way.

  • - Sending, receiving, uploading, downloading, using, or reusing content that does not adhere to these Terms through the Platform, Products, and Services.

  • - Transmitting, or facilitating the transmission of, illegal advertising or promotional materials, including "junk mail," "chain letter," "spam,", “misleading ATM branding or personalizations” or any similar solicitations through the Platform, Products, and Services.

  • - Impersonating Exact Cash Inc., an employee of Exact Cash Inc., another user, or any other person or entity (including using their email addresses) through the Platform, Products, and Services.

  • - Engaging in behavior that restricts or inhibits anyone's use or enjoyment of the Platform, Products, and Services, or that, as determined by Exact Cash Inc., may harm users or expose them or Exact Cash Inc. to liability.

  • - Using the Platform, Products, and Services in a manner that could impair, overload, damage, or hinder their operation or interfere with any other party’s use, including their ability to engage in real-time activities and disconnecting ATMs from power or internet, preventing or blocking access to ATM machines.

  • - Employing robots, spiders, or other automatic devices, processes, or means for any purpose, especially for monitoring or copying material from the Platform, Products, and Services without Exact Cash Inc.'s prior written consent.

  • - Utilizing manual processes to monitor or copy any content from the Platform, Products, and Services or for any other unauthorized purpose without the prior written consent of Exact Cash Inc.

  • - Introducing viruses, Trojan horses, worms, logic bombs, jackpotting software or other malicious or technologically harmful material to the Platform, Products, and Services.

  • - Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, Products, and Services, the server on which they are stored, or any server, computer, or database connected to them.

  • - Attempting to edit or alter the code base of the core ATM software provided by the ATM manufacturers and required for safe and secure transactions.

  • - Attacking the Platform, Products, and Services via a denial-of-service attack or a distributed denial-of-service attack.

  • - Any other attempts to interfere with the proper working of the Platform, Products, and Services.

  • - Making any written or oral statements that negatively affect the company's reputation, The Platform, Products and Services, management, or employees. This includes, but is not limited to, posts on social media platforms, online reviews, and comments to third parties. You acknowledge that any breach of this clause may result in legal action by us for damages.

  1. Payment Conditions

3.1. Fee Structure. Your ability to access and use the services provided by Exact Cash Inc. depends on the prompt payment of all relevant fees ("Fees"), which are subject to adjustment. Please note that Fees are exclusive of additional communication charges ("Communication Surcharges"), separately detailed and billed. Both Fees and Communication Surcharges are non-refundable. Some Fees are calculated as a fixed portion or percentage of the surcharge income and will be subtracted directly from the total surcharge revenue per transaction, with the remainder deposited into your designated account(s) as instructed. Subscription fees and monthly lease payments are charged directly to your bank account via pre-authorized debit, and you hereby authorize Exact Cash Inc. to deduct these fees as incurred. Should pre-authorized debit attempts prove unsuccessful or inapplicable, your registered credit card will be charged instead. It is crucial to keep your billing information up-to-date and inform us of any changes within 10 days. Exact Cash Inc. disclaims responsibility for any non-sufficient funds (NSF) charges incurred due to failed payment collections from your account, reserving the right to impose a $25 penalty for each failed payment attempt.

3.2. Equipment Purchases. Full payment for equipment purchases must be made before delivery and installation can proceed, unless specifically agreed otherwise and detailed in your invoice. Exact Cash Inc. may modify payment terms for future transactions at its discretion. Payments are to be made via Interac e-transfer from a business or personal account that matches the identity verification documents provided by you. Should your daily e-transfer limit be below the invoice amount, multiple daily payments will be necessary until the full amount is paid. For invoice totals exceeding $20,000, direct bank transfer instructions will be provided for a one-time payment. All ATM purchases are subject to our standard Know Your Customer (KYC) and Anti-Money Laundering (AML) onboarding processes, including ongoing compliance checks. 

3.3. Equipment Leases. Approval for equipment leases is contingent upon credit approval. When leasing ATM equipment from Exact Cash Inc., you personally guarantee any and all equipment leases associated with your company. Lease payments will be automatically deducted from the bank account you have provided, on a monthly basis. Throughout the duration of the lease, ownership of the leased equipment remains with Exact Cash Inc. In the case of default on the lease, Exact Cash Inc. reserves the right to repossess the equipment by any necessary means. Should the equipment be repossessed or returned before the conclusion of the lease term, you will incur an equipment return fee, as detailed in your lease agreement. Failure to pay this fee will result in a default surcharge of $350 being added to your outstanding balance. The balance will then accrue late payment interest at the rate of 4% per month. If we are unsuccessful in recovering the equipment or the equipment is not returned, you will be charged the relevant equipment buyout amount detailed in your lease agreement, plus a default surcharge of $350 added to your outstanding balance. The balance will then accrue late payment interest at the rate of 4% per month. Efforts to recover any outstanding debts will be pursued through legal channels and reported to credit bureaus, with you bearing responsibility for all associated recovery costs. All ATM leases are subject to our standard Know Your Customer (KYC) and Anti-Money Laundering (AML) onboarding processes, including ongoing compliance checks to ensure adherence to regulatory standards.

3.4. Equipment Rentals. Payment for equipment rentals will be processed in accordance with the terms outlined in your equipment rental agreement. In order to secure your rental, we may, at our discretion, place a hold on your credit card or collect an upfront security deposit. Failure to return the rented equipment will result in you being charged the full, undiscounted purchase price of the equipment, in addition to a non-return fee of $350. In the event that we are unable to secure this payment through the payment method you've provided, the outstanding amount will begin to accrue late payment interest at a monthly rate of 4%. We will pursue recovery of any outstanding debts through legal means, and such actions will be reported to credit bureaus. You will be responsible for covering all costs associated with the recovery process. Should the equipment be returned after the agreed return date without prior specification of additional day fees in the rental agreement, late returns will incur charges at 1.25 times the standard daily rate for each day the equipment is overdue. Furthermore, all equipment rentals, like our purchases and leases, are subject to our comprehensive Know Your Customer (KYC) and Anti-Money Laundering (AML) onboarding procedures, which include ongoing compliance monitoring to ensure adherence to regulatory standards.

3.5. Payment and Acceptance of Invoice Terms. Once Exact Cash Inc. issues an invoice to you, and you fulfill the payment obligations for that invoice, the terms specified within the invoice are automatically considered accepted by both parties. Therefore, the combination of the paid invoice and this agreement forms a legally binding purchase agreement between both parties for the specified goods or services. Exact Cash Inc. retains the exclusive right to assign its rights under such agreements, at our sole discretion.

3.6. Lease Agreements and Invoice Formations. Exact Cash Inc. reserves the right to draft the initial invoice for any lease agreement, incorporating the terms of the lease within the invoice itself. Upon your fulfillment of the initial payment obligations specified in the initial invoice, such action will constitute acceptance of the lease terms by both parties. Consequently, this process establishes a legally binding lease agreement between Exact Cash Inc. and you for the leasing of the specified equipment. Furthermore, Exact Cash Inc. maintains the exclusive right to assign its rights under these lease agreements, at our sole discretion.

3.7. Transaction Processing Services. Exact Cash Inc. offers complimentary Interac debit transaction processing services. While we strive for optimal processing performance, we do not guarantee continuous processing uptime or universal card compatibility. Efforts will be made to ensure a high-quality processing experience. We reserve the right to modify, select, or replace our third-party processing partners at our discretion. Any changes or additional terms will be clearly stated in your invoice and shall constitute binding aspects of our agreement. Exclusive authority to assign our rights under these terms remains with us, at our sole discretion.

3.8. Cash Management Services. Our cash management services are tailored to individual location needs, and as such, costs may vary. Although our goal is to ensure maximum machine uptime, Exact Cash Inc. does not guarantee specific loading amounts, frequency of cash replenishment, or uninterrupted service. Pricing models are generally based on a percentage of the gross surcharge revenue. We accept no liability for lost revenue or damages due to cash shortages in machines. Our commitment is to diligently manage cash supply and make efforts to prevent ATMs from running out of funds. The minimum cash management fee is $0.75 per transaction, however you may be assessed a higher rate given expected capital requirements, interest rates, carrying costs and other costs we may incur. The right to assign our cash management responsibilities is reserved to us, to be exercised at our sole discretion.

3.9. Maintenance Services. Maintenance services are provided for all purchased or leased ATMs, encompassing general wear and tear, at a set cost of $0.35 per transaction or 10% of the transaction surcharge, whichever is greater. This includes labor for general maintenance, ongoing support and training, and access to our toll-free support line without extra charges. Exclusions from this coverage include damage from natural disasters, attempted theft, water or power-related damage, lost passwords, and negligence. While labor for wear and tear repairs is covered, replacement parts are not; however, you are not required to purchase your replacement parts from us, and you may supply your own parts for installation at no additional labor cost. This agreement does not constitute an insurance policy; acquiring insurance coverage for your equipment is your responsibility. The right to assign our maintenance rights and responsibilities is reserved to us, to be exercised at our sole discretion.

3.10. Fixed-Term Subscriptions or Payment Plans. Certain subscription services or payment plans may require a fixed, non-cancellable period of commitment. You are obligated to pay Fees for the entire duration of such terms.

3.11. Handling Customer Dispute. You are liable for all costs associated with customer disputes, including refunds and chargebacks. Resolving disputes over Fees between you and your customers is your responsibility, without intervention from Exact Cash Inc.

3.12. Tax Responsibilities. You are solely responsible for all taxes and government levies tied to your utilization of Exact Cash Inc.'s services and your transactions with customers. Exact Cash Inc. may, where legally mandated or deemed necessary, collect taxes as part of the Fees. You agree to indemnify Exact Cash Inc. against any tax-related claims stemming from your use of the services. Collected taxes are non-refundable.

3.13. Handling Overdue Payments. If your payment methods fail, we reserve the right to suspend or terminate your service access, necessitating payment through alternate means. In case of legal proceedings to recover overdue amounts, you must cover all related costs. We may impose a late fee of 4% per month on any outstanding balance, accruing until full payment is received.

3.14. Dispute Resolution. Report any Fee disputes within 60 days of billing. You must settle all billed charges during disputes or forfeit the right to contest. Exact Cash Inc.'s decisions on disputed charges are final.

3.15. Refund Policy. Fees paid to Exact Cash Inc. are generally non-refundable, including those resulting from your errors, omissions, or unutilized subscriptions, except under certain conditions at Exact Cash Inc.'s discretion.

3.16. Cancellation Protocol. You are responsible for canceling any services tied to your account. Fees will accrue until the service is officially canceled. Failure to cancel properly will not warrant any refunds.

3.17. Transaction Accountability. You assume full responsibility for all financial transactions conducted through Exact Cash Inc.'s services, both by you and your customers, including any chargebacks and disputes.

4. Affiliate Program.

Exact Cash Inc. provides an Affiliate Program that allows customers to earn commissions by referring new accounts to Exact Cash Inc. To participate in this program, you must obtain Exact Cash Inc.'s approval and agree to the Affiliate Agreement, which is fully incorporated into this document and can be found here. You are required to link a payment account to your Exact Cash Inc. account to qualify for and receive commission payments. Should Exact Cash Inc. encounter any issues in transferring payments to your designated account, you may risk forfeiting your commissions.

5. Intellectual Property Rights

5.1. Content of the Platform, Products, and Services. The infrastructure and content of the Platform, Products, and Services, encompassing texts, graphics, logos, user interfaces, and more ("Platform Content"), are the proprietary property of Exact Cash Inc. or its licensors, protected under copyright, trademark, and additional relevant intellectual property laws, excluding user-generated content as detailed later. Exact Cash Inc. grants you a personal, non-transferable, revocable, and exclusive license to access and use the Platform Content strictly for leveraging the services offered by the Platform, Products, and Services for your and your customers' benefit. Reproducing, modifying, distributing, transmitting, republishing, displaying, or performing the Platform Content without Exact Cash Inc.'s explicit written consent is strictly forbidden.

5.2. Trademarks. Trademarks, service marks, and logos used on the Platform, Products and Services ("Trademarks") are registered and unregistered marks of Exact Cash Inc. and its licensors. The Platform does not implicitly grant any license or rights for the use of any Trademarks displayed, which can only be done with Exact Cash Inc.'s explicit written permission. These Trademarks must not be used in any manner that could disparage or cause confusion among customers, or in any way that infringes upon the rights of Exact Cash Inc. or any third party.

5.3. User Contributions. User Contributions on the iQ Platform are treated as non-confidential and non-proprietary. When you share User Contributions, such as websites or funnels, you provide Exact Cash Inc. and its affiliated entities with a continuous, worldwide, irreversible license to employ, replicate, alter, showcase, disseminate, and reveal such materials to third parties for any purpose imaginable. You agree to allow Exact Cash Inc. to leverage your User Contributions and associated information to augment the Platform, Products, and Services, create new services, and enhance the company's overall strategy. It's important to note that User Contributions do not encompass transaction-related data, which, if encountered, is treated with utmost confidentiality in alignment with our privacy policy. Exact Cash Inc. bears no responsibility for the veracity, legality, or nature of the User Contributions and does not officially support any User Contributions shared on the platform.

5.4. Prohibited Content. Posting content on the Platform that is illegal, threatening, abusive, defamatory, infringes on intellectual property rights, or is otherwise injurious to third parties is prohibited. Content that is harassing, discriminatory, or obscene is strictly forbidden. Violations may lead to immediate content removal and possible account termination.

5.5. Feedback and Suggestions. Any feedback or suggestions you submit regarding the Platform are acknowledged as voluntary, non-confidential, and unrestricted. Exact Cash Inc. is free to utilize such feedback without any obligation to compensate you, including for the development of new features, services, or improvements to the existing offerings.

5.6. Release and Waiver for Feedback. By providing feedback, you release and forever waive any claims against Exact Cash Inc. related to the use of such feedback, including any similarities between implemented ideas and the provided feedback.

5.7. Copyright Claims. If you believe that your intellectual property rights have been infringed upon by any content on our platform, please contact us through our designated process. We follow the Digital Millennium Copyright Act (DMCA) and other applicable laws to promptly address such issues.

DMCA and Copyright Notices should be directed to:Email: support@exactcash.ca (Subject: "DMCA Takedown Request")

Mail:

Exact Cash Inc.

Attention: Copyright Agent

1 King St W

Floor 48

Toronto, ON

M5H 1A1

For your notification to be considered valid, it must be a written document containing the following essential information:

  • - The electronic or physical signature of the individual authorized to represent the owner of the copyright or other intellectual property rights involved;

  • - A detailed description of the copyrighted work or other intellectual property you believe has been infringed upon;

  • - Precise information about the location of the allegedly infringing material on the Platform, sufficient for us to be able to find it;

  • - Your contact details, including address, telephone number, and email address;

  • - A declaration from you, stating your belief in good faith that the use in question is not authorized by the copyright or intellectual property owner, their agent, or the law;

  • - A formal statement from you, under penalty of perjury, affirming that the information provided in your notification is accurate and that you are either the copyright or intellectual property owner or are authorized to act on their behalf.

Counter-Notice Procedure: If you believe that your User Contribution, which was either removed or access to which was disabled, does not infringe on copyright, or if you hold authorization from the copyright owner, their agent, or as per the law, to post or display the content in your User Contribution, you may submit a counter-notice. This counter-notice must be in writing and include the following details to the previously mentioned Copyright Agent:

  • - Your physical or electronic signature;

  • - Identification of the content that was removed or to which access was disabled, and the location at which the content appeared before its removal or disablement;

  • - A statement by you that you believe in good faith that the content was removed or disabled as a result of a mistake or misidentification of the content;

  • - Your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of Canada, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the original infringement notification.

Upon receiving a counter-notice, our copyright agent will forward it to the original complainant, indicating that the removed content may be reinstated or access to it restored within 10 to 14 business days, unless the copyright owner seeks a court order against the content provider, member, or user. The decision to repost the content or restore access to it, after receipt of a valid counter-notice, rests solely at our discretion. We reserve the right to restrict access to the Platform or terminate the accounts of users who are found to infringe the intellectual property rights of others, at our sole discretion.

6. Disclaimers.

THE PLATFORM, PRODUCTS AND SERVICES ARE OFFERED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY FORM OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU CHOOSE TO USE THE PLATFORM, PRODUCTS AND SERVICES AT YOUR OWN RISK, ACKNOWLEDGING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR EQUIPMENT OR LOSS OF DATA RESULTING FROM SUCH USE. YOU AGREE THAT EXACT CASH INC. BEARS NO LIABILITY FOR THE DELETION, FAILURE TO STORE, OR TRANSMISSION OF ANY INFORMATION OR CONTENT ON OR THROUGH THE PLATFORM, PRODUCTS AND SERVICES.PLEASE NOTE, WE DO NOT GUARANTEE THAT (A) THE PLATFORM, PRODUCTS AND SERVICES WILL FULFILL YOUR NEEDS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE OUTCOMES OBTAINED FROM THE USE OF THE PLATFORM, PRODUCTS AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM, PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

YOU UNDERSTAND THE INHERENT RISKS OF USING THE INTERNET AND TELECOMMUNICATIONS NETWORKS, WHICH ARE NOT SECURE BY NATURE. THEREFORE, EXACT CASH INC. IS NOT LIABLE FOR ANY ALTERATIONS, INTERCEPTIONS, OR LOSS OF YOUR DATA DURING TRANSMISSION OVER THE INTERNET OR THROUGH A TELECOMMUNICATIONS PROVIDER’S NETWORK.EXACT CASH INC. OFFERS NO WARRANTIES FOR TRANSACTIONS OR THIRD-PARTY SERVICES ASSOCIATED WITH OR FACILITATED THROUGH THE PLATFORM, PRODUCTS AND SERVICES. SUCH TRANSACTIONS ARE ENTIRELY AT YOUR OWN RISK, AND ANY WARRANTIES RELATED TO SERVICES OR CONTENT ACCESSED THROUGH THE PLATFORM, PRODUCTS AND SERVICES FROM THIRD PARTIES ARE SOLELY PROVIDED BY THESE THIRD PARTIES.WE RESERVE THE EXCLUSIVE RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM, PRODUCTS AND SERVICES, INCLUDING ANY OF ITS SERVICES OR FEATURES, AT ANY TIME WITHOUT PRIOR NOTICE. WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE CHOOSE TO EXERCISE THIS RIGHT. CHANGES MAY INVOLVE, BUT ARE NOT LIMITED TO, ADJUSTMENTS IN PRICING AND THE INTRODUCTION OF NEW SERVICES, EITHER FREE OR FEE-BASED. ANY ENHANCEMENTS TO THE CURRENT SERVICES ON THE PLATFORM, PRODUCTS AND SERVICES WILL ALSO BE GOVERNED BY THESE TERMS OF SERVICE.

7. Limitation of Liability, Indemnification, and Mitigation.

IF YOU HAVE ANY CLAIMS RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, PRODUCTS AND SERVICES, YOUR SOLE REMEDY AND OUR TOTAL LIABILITY WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US FOR SERVICES PURCHASED ON THE PLATFORM, PRODUCTS AND SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.UNDER NO CIRCUMSTANCES WILL EXACT CASH INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, DATA, PROFITS, OR TIME WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN CONNECTION WITH THE USE OF THE PLATFORM, PRODUCTS AND SERVICES OR ANY THIRD-PARTY SERVICES OR WEBSITES LINKED FROM THE PLATFORM, PRODUCTS AND SERVICES.MOREOVER, WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES, DISRUPTIONS, OR PROMISES REGARDING OUR PLATFORM, PRODUCTS AND SERVICE, OR FOR ANY TRANSACTIONS WITH THIRD PARTIES THROUGH THE PLATFORM, PRODUCTS AND SERVICES, INCLUDING ORDER PROCESSING, AND THIRD PARTY TRANSACTION PROCESSING.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD EXACT CASH INC. HARMLESS FROM ANY CLAIMS, INCLUDING BUT NOT LIMITED TO, THOSE ARISING FROM YOUR USE OF THE PLATFORM, PRODUCTS AND SERVICES, BREACHES OF THESE TERMS, NEGLIGENCE, OR WRONGFUL ACTS, AND VIOLATIONS OF APPLICABLE LAWS BY YOU OR YOUR AFFILIATES. THIS INCLUDES ANY DEMANDS, DAMAGES, LIABILITIES, COSTS, OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, PRODUCTS AND SERVICES.SHOULD THE PLATFORM, PRODUCTS AND SERVICES INFRINGE ON THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, WE MAY, AT OUR DISCRETION, SECURE RIGHTS FOR CONTINUED USE, MODIFY OR REPLACE THE PLATFORM, PRODUCTS AND SERVICES, OR INSTRUCT YOU TO CEASE ITS USE IMMEDIATELY.

8. Time Limit for Filing Claims.

YOU MUST INITIATE ANY LEGAL CLAIMS OR ACTIONS YOU BELIEVE ARISE FROM OR RELATE TO THESE TERMS OR YOUR USE OF THE PLATFORM, PRODUCTS AND SERVICES WITHIN THREE (3) MONTHS AFTER THE CAUSATIVE EVENT OCCURS, REGARDLESS OF WHEN YOU BECAME AWARE OR SHOULD HAVE BEEN AWARE OF THE ISSUE. FAILING TO DO SO WITHIN THIS TIMEFRAME WILL RESULT IN THE PERMANENT DISMISSAL OF SUCH CLAIMS OR ACTIONS.

9. Right to Equitable Relief.

You acknowledge that violating these Terms could cause significant harm to Exact Cash Inc. that monetary damages alone cannot rectify. Consequently, Exact Cash Inc. is entitled to seek equitable relief, such as injunctions, to prevent further breaches, in addition to any other legal remedies available, without the necessity of posting a bond or other security.

10. Waiver and Severability.

Any failure by Exact Cash Inc. to enforce a specific term or condition of these Terms does not waive its right to do so later for that instance or any other instance. Similarly, if a court finds any of these Terms unenforceable or invalid, the offending provision will be limited or eliminated to the minimum necessary extent, ensuring the remainder of these Terms remains enforceable and in full effect.

11. Changes in Ownership.

Exact Cash Inc. explicitly reserves the right to transfer or assign its rights and obligations under these Terms, or any related separate agreement concerning ATM products and services, or other products and service, at any juncture, without necessitating prior notification. In contrast, the ability to transfer or assign your rights under these Terms or any associated agreement is subject to obtaining explicit, written consent from Exact Cash Inc., a discretion that Exact Cash Inc. solely possesses.Upon the event that we transfer or assign rights under these Terms or any related agreement to a different party, it is critical that all branding or identifiers suggesting affiliation with Exact Cash Inc., including but not limited to service stickers, welcome screen text, receipt texts, and branded signage, be promptly and completely removed. This step is to prevent any misrepresentation that the ATMs or their locations continue to be owned or managed by Exact Cash Inc. The obligation for eradicating these identifiers is borne entirely by the ATM's owner and the appointed service provider. Non-compliance with this directive could cause substantial reputational damage to Exact Cash Inc., and legal accountability will be enforced.

Additionally, in scenarios where there is a change in the service provider or management company while the ATM owner remains constant, it becomes the responsibility of the ATM owner and the newly appointed service provider to initiate and maintain communication. As the ATM owner, any queries or communications should be redirected to your new service provider or management entity. Post-assignment, Exact Cash Inc. absolves itself of any liabilities related to the actions, or lack thereof, of the assignee and ATM owner.

12. Know Your Customer (KYC) Compliance.

Exact Cash Inc. diligently conducts Know Your Customer (KYC) assessments through our established internal processes to ensure compliance with regulatory standards and mitigate risk. We reserve the unequivocal right to refuse service to any individual or entity, whether prospective or current, based on the outcomes of our internal KYC risk assessments. This decision is at the sole discretion of Exact Cash Inc. and reinforces our commitment to maintain the integrity and security of our operations.

13. Complete Agreement.

This document constitutes the entire, definitive agreement between you and Exact Cash Inc. regarding The Platform, Products, and Services. It replaces and renders obsolete all prior terms of service agreements, communications, proposals, negotiations, and discussions related to the subject matter hereof, regardless of whether they were oral or written, with the exception of the other separate written agreements addressed above . Modifications to these Terms are effective only if documented in writing and signed by an authorized representative of Exact Cash Inc. or are part of other written contracts with you, such as those concerning placement, maintenance, processing, cash management, purchases, or leasing, or other services provided by Exact Cash Inc. In cases where there is a discrepancy between these Terms and any specific agreement you have entered into with Exact Cash Inc., the provisions of your specific agreement will take precedence. However, any provisions of this agreement not specifically addressed in the overriding agreement will remain effective. Exact Cash Inc. is not committed to any promises, representations, inducements, or intentions that are not explicitly detailed in this agreement.