Legal

TERMS OF SERVICE AGREEMENT  

Welcome to NoLimit Payments LTD services.  

Please read these Terms of service agreement (“Terms“) carefully. To make these Terms easier to read, (“NoLimit”) services, including websites, servers, mobile applications, any software and the framework, API, and web or mobile through which these items are provided are collectively called the “Services“. This Agreement is established between the user and NoLimit and, along with any relevant Supplementary Agreements, governs the user’s use of NoLimit’s Services and Platform. By applying to open an account, opening or maintaining an account, or using the Services, the User agrees to the terms of this Agreement, including any applicable terms and conditions found on the NoLimit website, as well as NoLimit’s Privacy Policy. The user also consents to receiving all notices and communications from NoLimit electronically. We reserve the right to modify or replace this Agreement by posting an updated version on our page. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. You are advised to print or download and keep a copy of these Terms for future reference.  

‍WHY IS THIS INFORMATION IMPORTANT?  
These Terms govern the relationship between you and NoLimit Payments LTD, a company registered in 80 Birmingham Street, C6 Toronto ON M8V 3W6, Canada, registry number 1444218-1. It applies when you use NoLimit Services, which is a B2B2C service that allows users (“Users“) to use NoLimit as a technology provider to enable businesses to provide segregated accounts to their end users. NoLimit works solely with institutional clients, including remittance firms, payment service providers, card issuers, and businesses in the digital currency sector. These Terms also set out other important things that you need to know. These Terms, along with our Contract and its appendixes, Site, mobile application, and any other documents we give you that apply to our Services, constitute a legal agreement between you and us, NoLimit.    

‍SUBJECT MATTER OF THE GENERAL TERMS  
NoLimit Payments is a payment company registered as a Money Services Business in Canada, planning to provide payment services to international businesses working with a wide range of counterparts across the globe. Currency exchange between accounts will be carried out in accordance with the instructions of the exchange or through external providers of currency liquidity, or through FX services provided by segregated account providers.  

NoLimit may deny your instructions if:  
• there is insufficient liquidity for the desired amount,  
• NoLimit has reasonable grounds to suspect that the your instruction was illegal or otherwise carry criminal intent (for example, to commit fraud),  
• NoLimit has good reason to believe that the your instructions may harm NoLimit’s reputation or goodwill,  
• the transaction would not follow applicable law, in particular AML/CTF regulations,  
• if you fail or refuse to undergo the KYC verification.    

‍SERVICES  
NoLimit offers the following services: The primary clientele will be legal entities to provide segregated accounts for businesses. The segregated account is used exclusively for storing the funds of exchange users and cannot be used by the exchange to pay its own expenses. The segregated account is maintained in several currencies. To this end, NoLimit will open segregated accounts in several financial institutions and will continuously work on increasing the number of these accounts and expanding the basket of currencies. USD IBANs are issued and managed by NoLimit ("USD IBAN Issuer") and EUR and GBP IBANs are issued and managed by UAB Mobilum Tech ("EUR and GBP IBAN Issuer").  

‍Correctness of data: You are responsible for properly setting up your information technology systems, software, and platforms to access our Services. It is essential to utilize your own antivirus software to protect against potential threats. You must not misuse our Services by introducing harmful components such as viruses, trojans, worms, logic bombs, or any other malicious software. Attempts to gain unauthorized access to our Services, website, servers, computers, or databases are strictly prohibited. Furthermore, you must not engage in any denial-of-service attacks against our Services or website. Violating this provision may result in criminal charges under applicable laws. We reserve the right to report any such violations to the relevant law enforcement agencies and may cooperate with them by sharing your identity or other pertinent information. Should a breach occur, your access to our website and Services will be terminated immediately without notice, and you must stop all access and usage right away.  

‍Third Party Service provider: You acknowledge that NoLimit may collaborate with third-party partners and providers to offer the Services to you. Some functionalities on the Website may provide access to information, products, services, and other materials from third parties (“Third-Party Materials”), or facilitate the routing or transmission of such materials through links. By utilizing these features, you authorize us to access and transmit the relevant Third-Party Materials to you. We do not control, endorse, or take responsibility for any Third-Party Materials, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety, or any associated intellectual property rights. It is possible that some Third-Party Materials may be misleading or inaccurate. This Agreement does not constitute any representation or warranty by us concerning any Third-Party Materials. We are not obligated to monitor Third-Party Materials and reserve the right to restrict or disable access to any such materials (in whole or in part) through the Website at any time. Moreover, the availability of Third-Party Materials on the Website does not imply our endorsement of or relationship with any provider of such materials, nor does it establish any legal relationship between you and any such provider.  

‍KYC (Know Your Customer): If you wish to use the Services, you must undergo a KYC procedure and comply with any obligations under AML regulations. The KYC procedure may be carried out in cooperation between NoLimit and the Participants or the Partner. You submitting to the KYC procedure authorises NoLimit to process, use and store any data submitted for the time required by applicable law. Upon completion of the KYC, NoLimit will have the option to perform the services. Please note that it depends, among other things, on how You went through the KYC process. The time to complete the Conversion and Funding may also be extended if an AML investigation is required. Please be aware that the first-time funding is handled manually and from time-to-time NoLimit may score a particular User as trusted or not trusted depending on the User’s behaviour. Sharing usernames, passwords or accounts is strictly prohibited. NoLimit has the right to refuse to provide its Services or withdraw access to the services anytime for valid reasons. In particular, NoLimit may refuse to execute a transaction if NoLimit considers the transaction suspicious within the meaning of AML regulations, in the case of transactions from a country on the non-permitted list, or if the credibility of the User NoLimit considers as suspicious or if the way of using the NoLimit Services id found to be inconsistent with its intended use and/or fraud. NoLimit may also refuse to provide the service if the Partner terminates the contract with the customer.    

‍VERIFICATION
Identification and verification procedure (also known as “Know Your Customer” or “KYC”) are required. By using NoLimit Services, you authorise NoLimit to make inquiries, either directly or through third parties (external KYC service providers), that are deemed necessary to verify your identity, to check the relevance and accuracy of information provided for verification purposes or to protect your and/or NoLimit from financial crimes such as fraud. If you refuse to provide the required documents and information under KYC, NoLimit reserves the right to immediately terminate the Services provision to you. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, NoLimit has the right to send the you a notice to demand corrections, request additional information, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. We encourage you to read the No Limit Privacy Policy to understand how your information is collected and protected. You acknowledge and agree that Conversion and Funding may be delayed due to some verifications and checks (performed by NoLimit, Participants or the Partner). Unverified Users are not allowed to use any Services until the verification process has been completed. WARNING! You are strongly advised to read this ANY PURCHASES UNDER THESE TERMS MAY BE AGREED BETWEEN NOLIMIT AND YOU ELECTRONICALLY (INCLUDING BUT NOT LIMITED TO EMAIL, INSTANT MESSAGING SUCH AS TELEGRAM, WHATSAPP, ETC. AND BY PHONE), AND YOU ASSUME SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE SERVICES. NOLIMIT SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION, INSTRUCTIONS OR SCRIPTS PROVIDED TO THE NOLIMIT BY YOU IN CONNECTION WITH THE SERVICES, OR FOR ANY ACTIONS TAKEN BY THE NOLIMIT AT THE YOUR DIRECTION, INCLUDING BUT NOT LIMITED TO PURCHASE PRICES AGREED BETWEEN NOLIMIT AND YOU.  

By using Services, you expressly represent and warrant that you:
• will follow the rules and laws of your country of residence and/or the country from which you access the Services,  
• accept to fully comply with these Terms and any arising provisions and regulations, is at least 18 years old and has the legal right to accept these Terms and to use the Services,  
• will strictly observe security, authentication, dealing, charging, withdrawal mechanism or procedures of the Services,  
• undertake to go through a verification process,  
• undertake to fully cooperate with NoLimit and answer all NoLimit questions sent by email without undue delay related to Services.

If you are entering into these Terms on behalf of a legal entity of which he/she is an employee or agent, you represent and warrants that you have all the necessary rights and authority to bind such legal entity.  NoLimit may restrict or refuse to provide the Services in certain countries, considering risk assessment and other factors. Depending on where you reside (and/or other legal circumstances), you may not be able to use all Services. It is your responsibility to follow those rules and laws in his/her place from which you access the Services. You are responsible for understanding and complying with any laws, rules, and regulations of his/her specific jurisdiction that may apply to you in connection with the use of any Services of NoLimit.    

‍NOLIMIT’S RIGHTS AND RESPONSIBILITIES  
• The Services shall remain the property of NoLimit. NoLimit cooperates with the user and the Partner and relies on their licences and its own.  
• NoLimit undertakes to provide the Services with the appropriate effort, due care, and in accordance with these Terms. NoLimit’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the digital currencies transferred.  
• To the extent permitted by law, NoLimit is not responsible for any damages, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, or indirect or consequential loss unless the loss suffered is caused by a breach of these Terms.  
• NoLimit is also not responsible for (i) the delay in the processing of payments made by the fault of any third parties, Partner, Participants or operators of such transactions, (ii) any malfunctions, breakdown, delay or interruption, including but not limited to, caused directly or indirectly by blockchain environment and its processes, nodes, etc. and/or caused by the Internet connection or any reason why our Services are unavailable at any given time unless such liability cannot be excluded under generally applicable law.  
• In the case of fraud, NoLimit undertakes to report all necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law.  
• NoLimit reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms.  

‍YOUR RIGHTS, RESPONSIBILITIES, AND WARRANTIES
• You have the right to use the Services as long as he/she agrees to and complies with the Terms. By using the Services, you agree to accept and comply with the terms and conditions stated herein.  
• You accept and confirms that he may not withdraw or cancel any instruction in connection with the ordered Services if those have already been performed. NoLimit assumes no volatility risk that may be associated with the successful transaction.
• You must comply with all applicable laws and regulations related to the use of the Services.  
• No third-party transfers are permitted under this Service.
• Engaging in any activity that infringes or violates the intellectual property rights of NoLimit or others, including patents, copyrights, trademarks, trade secrets, or other proprietary rights, is strictly prohibited.
• You warrant that they will not impersonate any person or entity, including, but not limited to, a NoLimit official, forum leader, guide, or host. You further warrant that they will not falsely state or misrepresent their affiliation with any person or entity. Any violation of this clause may result in immediate suspension or termination of access to the services provided by Nolimit.  
• You undertake not to use the Service to perform criminal and/or illegal activity of any sort, including but not limited to, money laundering, illegal gambling and nonregulated forex operations, financing of terrorist organizations or malicious hacking.  
• You are responsible for any damage caused and all liability actions brought against NoLimit for infringement of any third-party rights or violation of any applicable laws. Nothing in the Terms excludes or limits the liability of the User for fraud, penalties, any other negative consequences caused by their negligence, breach of terms implied by operation of law, or any other liability which may not be limited or excluded by law.  
• You are solely responsible for determining whether any contemplated transaction is appropriate for them based on their personal goals, financial status and risk willingness.  
• You represent and warrant that you will only use the Services to perform transactions in accordance with the conditions set forth in these Terms and that they are duly authorised.  
• You understand that your personal data may be shared due to legal obligations etc.    

‍LIMITATION OF LIABILITY
‍In no event shall NoLimit, its officers, directors, employees, agents, or any third party Service providers be liable to the you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages, whatsoever, including any that may result from (i) accuracy, completeness or content of this Site, (ii) accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, (iii) the services found at this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, (iv) third-party conduct of any nature whatsoever, (v) any unauthorised access to or use of our servers and/ or all content, personal data, financial information or other information and data stored therein, (vi) any interruption or cessation of service to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, (vii) any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from this Site or any sites linked (through hyperlinks, banner advertising or otherwise) to this Site, (viii) any user content or content which is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable and/or (ix) any loss or damage of any kind incurred as a result of yours use of this site or the services found at this site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not NoLimit is advised of the possibility of such damages. In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive the termination or expiration of these terms of use or the your use of this Site or the Services found at this Site. If NoLimit is unable to perform the Services outlined in the Terms due to factors beyond its control, including but not limited to the event of Force Majeure, a change of law, or a change in sanction policy, NoLimit will not have any responsibility to you with respect to the Services provided hereunder and for a time period coincident with the event.      

‍INTELLECTUAL PROPERTY RIGHTS
‍The trademarks, trade names, service marks and logos of NoLimit and others used on the Site (hereinafter the “Trademarks“) are the property of NoLimit. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to NoLimit. The Trademarks and other content on the Site may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyrights, patents, trademarks and any other applicable laws and could result in criminal or civil penalties.    

‍GRIEVANCE AND RESOLUTION
‍At Nolimit, we value our customers and strive to offer the best possible service. We are committed to addressing any concerns or grievances that may arise from using our services. The grievance concerning Services should be lodged promptly after the arising of the circumstances which cause reservations.  

‍1. Grievance Submission Process
If you encounter any issues or have concerns regarding our services, you may submit a grievance through the following channels: • • • • Online: Log into your account and use the "Contact Us" or "Submit a Grievance" option on our website or mobile app.
• Email: Send your complaint to our customer service department at [nolimit@mobilum.com].
• Phone: Contact our customer support at +1 (415) 650-4042 to report your issue.
• Mail: You may send a written grievance to our head office at 80 Birmingham Street, C6 Toronto ON M8V 3W6, Canada  

‍2. Required Information
When submitting a grievance, please provide the following details to help us address your concern effectively:
• Full name and contact details (email, phone number)
• Account number or user ID Detailed description of the issue or concern
• Date and time of the incident (if applicable)
• Any supporting documents or screenshots that may assist in resolving the issue
• reply address where the grievance resolution should be sent.    

‍3. Grievance Acknowledgement
Once we receive your grievance, we will acknowledge the receipt within 2 business days. You will receive a reference number for tracking your complaint, and our team will begin investigating the issue.  

‍4. Resolution Process
• Initial Review: We will review your grievance, assess the situation, and determine the appropriate course of action.
• Investigation: Our team may contact you for additional information or clarification if necessary. We will work to resolve the issue as quickly as possible while keeping you informed throughout the process.
• Resolution Timeline: Most grievances will be resolved within 5 business days. If a resolution requires more time, we will provide you with regular updates on the progress.  

‍5. Resolution Outcomes
Based on our investigation, we will offer one of the following outcomes:
• Issue Resolved: If we find the issue valid, we will take appropriate corrective actions to resolve it, which may include account adjustments, service restoration, or other necessary steps.
• No Action Required: If the investigation reveals that no further action is needed, we will provide an explanation detailing the reasons behind this decision.

‍6. Escalation Process
If you are not satisfied with the initial resolution, you may escalate the issue to higher authorities within Nolimit. The escalation process includes:
• Contacting the Grievance Redressal Officer at nolimit@mobilum.com.
• Escalating the issue to the senior management team if necessary.  

‍7. Confidentiality and Privacy
All grievances will be handled in a confidential manner, and any personal information shared during the process will be protected in accordance with our Privacy Policy. We will only use your data for the purpose of investigating and resolving your complaint.  

‍8. Feedback and Continuous Improvement
We encourage everyone to provide feedback on the grievance process, as it helps us improve our services and customer experience. Your feedback is valuable to us, and we continuously strive to enhance our products and services based on customer input.  

‍CHARGEBACK AND REFUND POLICY  
By using NoLimit Services, you agree to the following dispute/ chargeback policy:  
• NoLimit provides its Services over the Internet. Given the specific nature of these Services, you cannot return or exchange products, nor cancel or withdraw the Services.  
• The practice of claiming a refund or requesting a chargeback after having used any of our Services is considered fraudulent.  
• When NoLimit receives a chargeback notice, the account on which the Service was purchased is immediately suspended.  
• You can request a 100% refund of his money if he did not perform or ordered Service. For a refund, you must email us and give the reason. Please contact our Support (nolimit@mobilum.com). We encourage you to contact us first for any problems with your ordered Service. Please contact our Support (nolimit@mobilum.com) if you need help or still have any questions.    

‍FRAUD INVESTIGATION  
You have the right to report fraud, related to certain operations/asset(s) to NoLimit’s legal department nolimit@mobilum.com. NoLimit will freeze suspicious fraud asset(s) and/or cancel suspicious fraud operations and/or transfer stolen funds to the proper owner only based on the final resolution in written of the appropriate competent authorities (courts, etc.) or based on NoLimit’s internal KYC/AML procedures.    

‍APPLICABLE LAW
The Website is managed by NoLimit Payments Ltd from its offices in Canada. Unless prohibited by the laws of your jurisdiction, the Website and its content will be governed by and interpreted according to the laws of the Province of Ontario and the applicable federal laws of Canada, without consideration for any conflicts of law principles, regardless of your location, residence, or domicile. Any disputes, claims, or controversies related to the Website, its content, or these Terms must be resolved exclusively in the courts of the Province of Ontario. By using the Website, you agree to submit to the jurisdiction of these courts for any legal proceedings related to the Website, its content, or these Terms.  

‍FINAL PROVISIONS  
The Terms shall apply during the effective term of the Contract / Terms and Conditions, or during the term of using Services (if no contract has been signed).  
‍
1. This Agreement, along with any relevant policies and agreements referenced here and on the NoLimit Website, represents the complete understanding between you and NoLimit regarding the Services. Certain provisions that are intended to remain in effect will continue even after the termination of this Agreement. If any part of this Agreement is deemed invalid or unenforceable, that specific part will be removed, but the remaining provisions will still be enforced.  
‍
2. Our relationship with you under this Agreement with you is as a payment service provider, and NoLimit is an independent contractor for all purposes. NoLimit is not your agent or trustee.  

3. You may not transfer, assign, or delegate this Agreement, or any rights or obligations under it, without the prior written consent of Nolimit. Any attempted assignment or transfer without such consent shall be null and void. NoLimit reserves the right to assign or transfer its rights and obligations under this Agreement at its discretion without the need for your consent.

4. Our failure or delay in enforcing any part of these Terms does not constitute a waiver of that provision or any other part of these Terms.  

‍CONTACT INFORMATION
For any inquiries or to follow up on a grievance, please contact us at:
• Email: support@nolimit.money
• Phone:  +1 (415) 650-4042 to  
• Address: 80 Birmingham Street, C6 Toronto ON M8V 3W6, Canada