1. Introduction
1.1 Purpose of the Terms of Service
Welcome to A-Flow Group! We are pleased to provide you with a range of financial services, including foreign exchange liquidity, cross-border payments, payment settlements service, and on-ramp and off-ramp stable assets. This document, our Terms of Service, is here to protect both you, as our valued user, and us, as a service provider. The terms laid out in this agreement will govern your use of our services and outline your rights and responsibilities, as well as ours.
1.2 Identity of A-Flow Inc. and A-Flow Financial Ltd.
A-Flow Group comprises two entities: A-Flow Inc., a Delaware corporation incorporated on March 31, 2023, and A-Flow Financial Ltd., a British Columbia corporation incorporated on April 1, 2023. A-Flow Inc. is a registered money services business with FinCEN (MSB Registration No. 123456789), and A-Flow Financial Ltd. is a registered money services business with FINTRAC (MSB Registration No. 987654321). Both are committed to offering reliable and secure financial services in compliance with the relevant Money Transmission and Payment Regulations in their respective jurisdictions.
1.3 Acceptance of Terms
By accessing our website, www.a-flow.io, and using our services, you agree to abide by
these Terms of Service. If you do not agree with any part of these terms, you must
discontinue using our services immediately. Your continued use of our services will
constitute your acceptance of any changes or revisions to our Terms of Service. We
highly recommend reading this document carefully, understanding it fully, and
consulting with a legal advisor if necessary.
Please note that this agreement affects your legal rights and obligations. If you disagree
to be bound by these Terms of Service, do not access or use our services. We
appreciate your trust and will work hard to provide you with top-tier services within the
2. Definitions
2.1 Definition of Key Terms
Throughout these Terms of Service, certain key terms are used that carry specific definitions. These terms include but are not limited to “A-Flow,” which refers collectively to A-Flow Inc. and A-Flow Financial Ltd.; “User,” which denotes any individual or entity that registers an account with A-Flow or uses our services in any capacity; “Services,” which encapsulates all the services A-Flow provides including foreign exchange liquidity, cross-border payments, payment settlements service, and on-ramp and off-ramp stable assets; and “Content,” which pertains to any text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content contained on the Site. Further definitions may be provided throughout the document as required.
2.2 Clarification of User Categories
We distinguish between different categories of users to help clarify rights and responsibilities under these Terms of Service. “Registered Users” have created an account with A-Flow, while “Guest Users” visit our website or access our services without registering an account. “Business Users” are registered users who use our services for business or commercial purposes, while “Individual Users” are registered users who use our services for personal, non-commercial purposes.
2.3 Explanation of Services Provided
Our “Services” comprise a range of financial offerings, each with unique features and functions. The term “Foreign Exchange Liquidity” refers to our services providing liquidity for foreign currency exchange. “Cross-border Payments” denotes our services for transferring money across national boundaries. “Payment Settlements Service” refers to our services for facilitating the completion of transactions, and “On-ramp and Off-ramp Stable Assets” pertains to our services enabling the exchange between fiat and stable assets. Understanding each service you use is important, as different terms and conditions may apply.
3. User Registration and Account
3.1 Eligibility Criteria
To use the services provided by A-Flow, you must first register an account with us. To be eligible to create an account, you must be at least 18 years old or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18. By using our services, you represent and warrant that you meet all eligibility requirements outlined in these Terms of Service. In its sole discretion, A-Flow may refuse to offer its services to any person or entity and change its eligibility criteria at any time.
3.2 Account Registration Process
Registration requires you to provide certain information, including but not limited to your full legal name, a valid email address, and any other information indicated as necessary. You agree to provide accurate, current, and complete information during the registration process and to update such information as it changes. A-Flow reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
3.3 Account Security Obligations
You are responsible for maintaining the confidentiality of your account password and all activities under your account. You agree not to disclose your password to any third party, and you will notify A-Flow immediately if your password is lost, stolen, or disclosed to an unauthorized third party or if there is any unauthorized use of your account or any breach of security.
3.4 Consequences of Violating Account Security
Any misuse of your account, including, without limitation, failing to maintain account security, may result in immediate account termination and potential legal action. A-Flow is not liable for any loss or damage arising from your failure to comply with the above requirements. You understand that keeping your A-Flow account information confidential is important to protect your personal data and financial assets and prevent unauthorized access to your account.
4. Use of Services
4.1 User Responsibilities
As a user, you are responsible for using our services in a manner that is respectful, legal, and adheres to these Terms of Service. You commit to not using our services for any illicit activities, including but not limited to fraud, money laundering, and the financing of terrorism. You further agree to comply with all applicable laws, rules, and regulations in your jurisdiction.
4.2 Conduct Requirements
Your conduct while using our services should reflect a standard of respect and professionalism. This includes refraining from posting or sharing any content that is defamatory, abusive, harassing, threatening, or otherwise violates the legal rights of others. You also agree not to introduce malicious software or harmful technical operations to our website or services.
4.3 Prohibited Activities
Prohibited activities include, but are not limited to, actions that: violate any laws, infringe upon the rights of others, or harm or threaten the safety of others; involve attempting to gain unauthorized access to another user’s account; or involve creating a false identity or impersonating an employee or representative of A-Flow. Violating these prohibitions may result in the termination of your account and further legal action as deemed necessary.
4.4 Service Limitations and Right to Modify Services
While A-Flow endeavors to ensure its services are always available, there may be times when services are interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to the failure of telecommunications links or equipment. A-Flow reserves the right to remove any content or features from its services at any time, for any reason, and to modify or discontinue (temporarily or permanently) all or any part of its services with or without notice. A-Flow will not be liable to you for any such modifications, suspensions, or discontinuance of its services.
5. Intellectual Property Rights
5.1 A-Flow’s Rights and Ownership of Content
All of the content on the A-Flow website, including all visuals, text, audio, and video clips, are subject to copyright protections and/or other intellectual property rights or licenses held by A-Flow. The entire content of the A-Flow website is copyrighted as a collective work under U.S. and other copyright laws. A-Flow owns a copyright in the arrangement, coordination, and enhancement of the content, as well as in the original content. You do not acquire any ownership rights by printing or downloading any portion of the content.
5.2 User’s Rights and Restrictions
You may access and use our services, and the content and software provided therein, for your own personal, non-commercial use. This access is provided as part of the service and cannot be separated or used outside of this context without prior written consent from A-Flow. You are not permitted to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content or software for any other purposes without the prior written consent of A-Flow or the respective licensors of the content.
5.3 User Content and Licensing to A-Flow
Any content you upload or otherwise provide to A-Flow in connection with the services may be used by A-Flow in various ways, including advertising and promotional. Therefore, by submitting such content, you automatically grant, represent and warrant that you have the right to grant, to A-Flow an irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide license to use such content in any manner.
5.4 Prohibited Content
Users are prohibited from posting, sharing, or transmitting any content that infringes or violates the intellectual property rights of any person or entity. This includes, but is not limited to, copyrights, patents, trade secrets, trademarks, or rights of publicity or privacy. Violation of these terms may result in the termination of your account and legal action.
6. Privacy and Security
6.1 User Data Collection
When you use our services, A-Flow may collect and store certain information about you to improve our services and for compliance purposes. This information may include personally identifiable information such as your name, email address, financial information, and non-personally identifiable information such as your browsing history and preferences. Our collection and use of this information is governed by our Privacy Policy, which forms part of these Terms of Service.
6.2 Data Usage and Sharing
A-Flow uses your information to deliver our services, personalize your experience, conduct internal research, and maintain compliance with regulatory obligations. We do not sell or rent your personal information to third parties. We may share your information with trusted third-party service providers as necessary to provide you with services. Whenever we share your data, we take steps to ensure it is treated securely and in accordance with our Privacy Policy and applicable Law.
6.3 Data Security Measures
We implement a variety of security measures to ensure the safety of your personal information. When you enter, submit, or access your personal information, we offer the use of a secure server. All sensitive/credit information supplied by users is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers’ databases only to be accessible by authorized individuals with special access rights to such systems, which must keep the information confidential.
6.4 User’s Privacy Responsibilities
As a user, you have certain privacy responsibilities to help keep your data secure. You agree to keep your username and password confidential, to log out of your account at the end of each session, and to take measures to prevent unauthorized access to your account. If you suspect any unauthorized account use, you agree to notify A-Flow immediately. A-Flow will not be held responsible for any losses arising from unauthorized use of your account.
7. Financial Transactions and Services
7.1 Transaction Authorization and Disputes
By using the financial services provided by A-Flow, you authorize us to execute transactions according to your instructions. It is your responsibility to ensure the accuracy of your instructions. Any dispute over a financial transaction must be communicated to A-Flow immediately, and we will endeavor to resolve such disputes promptly and fairly. However, A-Flow cannot guarantee the reversal of a transaction due to the immutable nature of certain financial transactions, such as those involving cryptocurrencies.
7.2 Transaction Limitations and Fees
Certain limitations may be imposed on the transactions you can perform through our services, including daily or monthly limits on the amount that can be transferred. A-Flow also reserves the right to charge fees for certain transactions or services. These fees, if any, will be disclosed to you in advance of the transaction, and by proceeding with the transaction, you agree to pay such fees.
7.3 Risk Acknowledgement
Financial transactions, particularly those involving currencies and cryptocurrencies, involve significant risks. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets anytime. Any currency - digital or not - may be subject to large swings in value and may even become worthless. You agree that you are solely responsible for understanding the risks of utilizing our services.
7.4 Compliance with Laws and Regulations
A-Flow is committed to strict compliance with all applicable laws and regulations relating to financial transactions and anti-money laundering. We will cooperate with law enforcement in all instances of suspected illegal activity on our platform. Users are also expected to abide by these laws and regulations, and any violation may result in account suspension or termination.
8. Fees and Payments
8.1 Fee Structure
A-Flow reserves the right to charge fees for certain features of its services. If a fee is charged for any part of our services, it will be clearly disclosed to you in connection with the part of the service to which the fee relates. All fees are stated in U.S. dollars unless otherwise specified, and you are responsible for paying all fees and applicable taxes associated with our services in a timely manner with a valid payment method.
8.2 Fee Changes
In its sole discretion, A-Flow may change its fee structure and/or notify users of material changes. If A-Flow introduces a new service or modifies an existing service, the fees for that service are effective at the launch or modification of the service. Unless otherwise stated, all fees are payable upon demand.
8.3 Payment Authorization
You are authorizing us to charge you the service fees by providing a payment method. Depending on where you transact from, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or price differences because of exchange rates. A-Flow does not support all payment methods, currencies, or locations for payment and may vary its offerings from time to time.
8.4 Refund Policy
Unless otherwise required by Law or permitted by these Terms of Service, all purchases are final and non-refundable. If you believe that A-Flow has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to refuse a refund request if we believe it is in violation of these Terms of Service or if we suspect fraudulent activity or misuse of our services.
9. Termination of Service
9.1 Termination by User
You may terminate your relationship with A-Flow at any time by closing your account through the account settings on our platform. Upon account closure, any pending transactions will be cancelled. You are responsible for ensuring all obligations, pending transactions, and fees are satisfied before you request account closure.
9.2 Termination by A-Flow
A-Flow reserves the right, in its sole discretion, to terminate your access to all or part of the services, with or without notice, for any reason or no reason at all, including, without limitation, for violation of these Terms of Service. Examples of activity that could lead to termination include attempting to gain unauthorized access to the services, violating laws, or failing to make payment of fees.
9.3 Effect of Termination
Upon termination of these Terms of Service for any reason, all rights and licenses granted to you under this agreement will immediately cease, and you will immediately cease all use of and access to the services. Any and all obligations and liabilities, which by their nature are intended to survive termination, will survive any expiration or termination of these Terms of Service.
9.4 User Content After Termination
Upon termination, it is your responsibility to secure all necessary personal data from your account before it is closed. After termination, A-Flow will not be responsible for retaining any user content, personal data, transaction data or other information associated with your account. You agree that A-Flow will have no liability to you or any third party for termination of your account, removal of your user content, or blocking of your access to our services.
10. Disclaimers and Limitations of Liability
10.1 No Warranty
The services provided by A-Flow are provided “as is,” without warranty of any kind. We make no guarantee, representation, or warranty regarding the timeliness, reliability, accuracy, or completeness of any services or content provided. A-Flow expressly disclaims any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 Limitation of Liability
To the maximum extent permitted by applicable Law, in no event will A-Flow, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your access to or use of or inability to access or use the services; any conduct or content of any third party on the services; any content obtained from the services; unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not A-Flow has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10.3 Indemnification
You agree to defend, indemnify, and hold harmless A-Flow, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the services, including, but not limited to, your user content, any use of the services’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the services.
10.4 Risk of Using the Services
Your use of the services, including but not limited to your submission of content to the services, is at your sole risk. In addition, A-Flow does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the services or endorse any opinions expressed via the services. You understand that by using the services, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate, and you agree that A-Flow will not be liable for any damages you allege to incur as a result of such content.
11. Dispute Resolution and Governing Law
11.1 Governing Law
These Terms of Service and any dispute or claim arising out of or related to these terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.
11.2 Agreement to Arbitrate
You and A-Flow agree that any dispute, claim, or controversy between you and A-Flow arising in connection with or relating in any way to these Terms of Service or to your relationship with A-Flow as a user of the Service (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and A-Flow further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
11.3 No Class Actions
You and A-Flow agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and A-Flow agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
11.4 Exceptions
Despite the provisions of the “Agreement to Arbitrate” and “No Class Actions” above, you and A-Flow both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, (2) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of Law, or (4) to file suit in a court of law to address intellectual property infringement claims.
12. Changes to the Terms of Service
12.1 Right to Modify
A-Flow reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for the services or changes made for legal reasons may be effective immediately upon notice.
12.2 Notification of Changes
Whenever we change our Terms of Service, we will post those changes to this Terms of Service page and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We may also send you a notice electronically to your registered email. You are advised to review this Terms of Service page periodically for any changes.
12.3 Acceptance of Changes
Your continued use of the services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you disagree with the new terms, you should stop using the services and inform us immediately.
12.4 User Feedback
We welcome any feedback, comments, and suggestions you may have to improve our services. Please understand, however, that by providing feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose without compensation to you.
13. Contact Information
13.1 General Inquiries
For any general inquiries about our services, the practices of this site, or your experiences with this site, please contact us at [email protected]. We are committed to addressing your concerns on time and will endeavor to respond as soon as possible.
13.2 Customer Suppor
For any issues related to your account or transactions, please contact our customer support team at [email protected]. Please include a detailed description of the issue you’re experiencing, any error messages you may have received, and any other relevant information that may help us troubleshoot and resolve your issue.
13.3 Legal Department
Any notices of copyright infringement, requests for information related to legal matters, or other legal correspondence should be sent to our legal department at [email protected]. Please include as much detail as possible in your message so we can properly address your inquiry.
13.4 Mailing Address
For written correspondence, please mail it to the following address:
A-Flow Inc.
8 The Green
Dover, DE 19901
United States
A-Flow Financial Ltd.
329 Howe St., Unit 3
Vancouver, BC V6C 3N2
13.5 Business Hours
Our regular business hours are Monday to Friday, 9:00 AM to 5:00 PM Eastern Time.
Please note that response times may be delayed outside of these hours.
Please note that your communication must be in English. We may be unable to respond
to inquiries in languages other than English.
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