TERMS OF Service

THIS TERMS OF SERVICE AGREEMENT APPLIES TO ALL USERS WHOCREATE AN ACCOUNT WITH YIELDFX OPERATING IN SIMULATION MODE.YOU MUST AGREE TO THESE TERMS TO CREATE AN ACCOUNT ONYIELDFX. BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE PRIVACY POLICY REFERENCEDIN SECTION 4 OF THESE TERMS.  THESETERMS, ALONG WITH THE PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”), GOVERNYOUR USE OF THE SERVICE AND AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRINGMANDATORY INDIVIDUAL ARBITRATION OF DISPUTES (see Section 18). PLEASE READ THEMCAREFULLY.

YieldFX Simulator (referred to in this Service Agreement as “YieldFX,” “we,” “us,” or “our”) provides a simulated environment to investing in high yield currency deposits (the “Service”) that will eventually be held by partner banks around the world. YieldFX also enables transfer of deposits between you and others who are enrolled with YieldFX using aliases, such as email addresses or mobile phone numbers in supported countries. All such deposits are simulated and do not have any cash value. These deposits can only be redeemed into a simulated external account.  The intent of the YieldFX simulator is to allow users to experience a product that will be launched in the future and enroll in a trading competition to win cash prizes based on the Contest Terms.

THE SERVICE ALLOWS THE TRANSFER OF SIMULATED DEPOSITS TO FRIENDS,FAMILY AND OTHERS YOU TRUST. THESE TRANSFERS TO NOT REPRESENT REAL CURRENCY ORVALUE AND SHOULD NOT BE USED AS PAYMENTS. YOU SHOULD NOT USE THE SERVICE TOTRANSFER DEPOSITS TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR WHOMAY OBJECTTO SUCH TRANSFERS.

YIELDFX Terms of Service

1. Description of Service

‍YieldFx provides a simulatedexternal cash account using which you can invest in simulated currencydeposits.  These deposits do notrepresent any real value and should not be construed as such.

2. Eligibility and User Profile; Amendments to this Service Agreement

‍To be a User, you must (a) enroll with an email address and a mobile phone number. When you enroll to use the Service you agree to the terms and conditions of this Service Agreement. When you enroll with YieldFX, you may establish one or more profiles. Each profile may be created with one or more aliases, such as your  mobile phone number and/or email address. You may not establish more than one profile with the same U.S. mobile phone number or email address When you enroll with YieldFX, we will link the U.S. mobile number you provide to your new profile if that mobile number is not already linked to another YieldFX profile. Other Users may send simulated deposits using that U.S. mobile number. If the email address that you provide when you enroll is not already linked to another profile that you may have enrolled with YieldFX then we will also link that email address to your new profile so that others may send simulated deposits to you using your email address. Subject to applicable law, YieldFX may amend or change this Service Agreement (including any applicable fees and service charges) from time to time, in its sole discretion, by posting the updated terms on the YieldFX mobile app and at yieldfx.co (each referred to individually or collectively as, the “Site”). Please access and review this Service Agreement regularly. If you find the Service Agreement unacceptable to you at any time, promptly cancel your profile and enrollment with YieldFX and immediately discontinue your use of the Service. Your continued access of the YieldFX Site or use of the Service after any amendment, modification or change to the terms and conditions of this Service Agreement shall constitute your agreement and acceptance to such amendment, modification or change.

4. Consent to Use and Disclose Personal Information(Including Account Information)

‍By accepting this Service Agreement, you consent to YieldFX using and disclosing your personal information to our Network Financial Institutions or other third parties for the following purposes: to  prevent, detect, and protect against security incidents, fraud, and  prohibited or illegal activities; to  perform services (for us or our service providers) such as account  servicing, providing customer service, fulfilling transactions, verifying  consumer information, providing analytic services; for  internal research for technological improvement; for  internal operations; to     enforce our terms and conditions; to  research and resolve issues related to transactions you sent or received; to  debug to identify and repair errors that impair existing intended  functionality; to  facilitate transactions, including enabling our bank and credit union  partners to complete money transfers between their customers and you; to  notify you, by text or email, of a pending transfer; to     facilitate your enrollment and resolve issues relating to your enrollment; to  verify your identity; to verify changes you’ve made to your personal information; to     create and deliver marketing communications to you about YieldFX; to create, develop, operate, deliver, maintain, and improve our products and services; for     legal compliance; to respond to your requests and comply with your stated communication preferences; to provide you with a safe, efficient, and customized experience; for authentication; to provide other services you request; for other one-time uses; and as otherwise permitted by the terms of our Privacy Notice. Except as otherwise provided above, YieldFX will neither disclose nor share any of your personal information with Network Financial Institutions, affiliates or any third party for purposes of marketing their products or services, or those of YieldFX, to you.

5. Enrolling with YieldFX

1. To participate as a User, you must first enroll with YieldFX. You must provide YieldFX with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses), a mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers), and we will ask you to provide your name. You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
‍
2. You must enroll for the Service on the YieldFX mobile web app through your mobile device.  

3. YieldFX requires you to use an email address or U.S. mobile number as your username for access and to establish a password that meets the security requirements  described on our Site.

4. At enrollment, YieldFX will collect information from you necessary to verify your identity, which YieldFX will do to protect you and itself from fraud and to comply with applicable laws. YieldFX reserves the right to deny your enrollment or request additional information from you if you do not provide this information, if YieldFX cannot verify your identity, or if YieldFX has concerns about fraud or security.

5. At enrollment, YieldFX will deploy a security key to your device that will enable you to execute transactions. You will also be asked to backup this key in case you reset your device or want to move your account to a new device.  You are responsible for     keeping this key in a safe digital or physical location.

6. Consent to Emails and Automated Text Messages.

‍By participating as a User, you represent to YieldFX that you are the owner of the email address, the  mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of that email address, mobile phone number, and/or other alias to send or receive money as described in this Service Agreement. You consent to the receipt of emails or text messages from YieldFX and other Users that are sending you deposits. You agree that YieldFX may use automatic telephone dialing systems in connection with calling or text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile  service agreement for details or applicable fees as Message and Data rates may apply.

2. You will immediately notify us if any mobile phone number or email address you     have enrolled in is (i) surrendered by you, or (ii) changed by you.

3. In the case of any messages that you may send through YieldFX or that YieldFX may send on your behalf to an email address or mobile phone number, you  represent to YieldFX that you have obtained from the recipient of such emails or automated text messages consent to send such emails or text     messages. You understand and agree that any emails or text messages that YieldFX sends on your behalf may include your name.

4.  Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from YieldFX, including messages that you may send through YieldFX or that YieldFX may send on your behalf.

5. To cancel text messaging from YieldFX, send STOP to 1-856-356-9761. For help     or information regarding text messaging, send HELP to 1-856-356-9761 or     contact YieldFX customer service at support@yieldfx.co. You expressly consent to receipt of a text message to confirm your “STOP” request.

7. Wireless Operator Data

‍You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to YieldFX or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

8. Purpose of Service

‍The purpose of this service is to allow you to experience the upcoming YieldFX product and to test investment strategies in high yield currencies supported by YieldFX.  You can also participate in any active trading contest offered to you via the app to be eligible to win cash prizes declared for that contest.

9. Liability for Failure to Complete Transactions

‍YieldFX has no liability for your losses or damages through technical failures on inability to initiate or complete simulated investments, swaps or transfers while the service is in simulation mode.

10. Fees

‍YieldFX charges no fees for your use of the Service to make simulated investments and transfers. Please note that YieldFX has no responsibility for any fees that your mobile carrier may charge you in connection with your transactions through YieldFX.

11. Use of Our Site

‍You agree to access the YieldFX Site in compliance with our Terms of Use, which are available at https://yieldfx.co/terms  and incorporated into and made part of this Service Agreement by this reference.

12. Cancellation

‍You may cancel your use of the Service by deleting your account from within the YieldFX app or calling us at +1-973-234-4444. Canceling your use of the Service means YieldFX will inactivate your profile and login on our mobile app, and the email address or mobile number that you enrolled will no longer be eligible for any awards in any ongoing trading contests. 

13. YieldFX Right to Terminate Access

‍Subject to applicable law, YieldFX may terminate or suspend this Service Agreement and your use of the YieldFX mobile app and Service, in whole or in part, at any time for any reason without cause and without prior notice. Any obligations or liabilities incurred by you prior to the date of termination shall survive the termination of this Service Agreement.

14. Disclaimer of Warranties

‍EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TOAPPLICABLE LAW, YIELDFX MAKES NO EXPRESS OR IMPLIED WARRANTIES,REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. YIELDFX EXPRESSLYDISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THESERVICE DESCRIBED OR PROVIDED. YIELDFX DOES NOT WARRANT THAT THE SERVICEWILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, ORTHAT DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS IS” AND “ASAVAILABLE” BASIS.

15. Limitation of Liability

‍EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TOAPPLICABLE LAW, IN NO EVENT WILL YIELDFX, ITS OWNERS, DIRECTORS, OFFICERS,AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER,INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTIONCONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TOERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE DESCRIBED OR PROVIDED,(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR(IV) ANY OTHER MATTER RELATING TO THE SERVICE DESCRIBED OR PROVIDED, EVEN IF YIELDFX HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITHTHE SERVICE OR WITH THE TERMS OF THIS SERVICE AGREEMENT, YOUR SOLE ANDEXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITYOF YIELDFX, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR NETWORK FINANCIALINSTITUTIONS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THEGREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDREDDOLLARS ($100.00).

16. Indemnification

‍You acknowledge and agree that you are personally responsible for your conduct while using the YieldFX Service, and except as otherwise provided in this Service Agreement, you also agree to indemnify, defend and hold harmless YieldFX, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Service, or any violation by you of the terms of this Service Agreement.

17. Governing Law; Choice of Law; Severability

‍This Service Agreement will be governed by and construed under the laws of the State of Delaware, excluding only its conflict of law provisions, and shall inure to the benefit of YieldFX, its successors and assigns, whether by merger, consolidation or otherwise. By using the Service, you hereby submit to the exclusive jurisdiction of the courts within the State of Delaware and waive any jurisdictional venue or inconvenient forum objections to such courts (except as expressly set forth in Section 26 below, Agreement to Arbitrate and Class Action Waiver). You further agree to comply with any applicable federal, state and local laws in your use of the Service. If any provision of this Service Agreement is found to be unenforceable for any reason by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Service Agreement will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

18. Agreement to Arbitrate and Class Action Waiver.

ANY AND ALL CLAIMS OR DISPUTES BETWEEN US RELATING IN ANYWAY TO THESE TERMS, OUR PRIVACY NOTICE, OR THE YIELDFX SERVICE MUST BERESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. IN ARBITRATION THERE ISNO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THEARBITRATOR CAN AWARD ANY DAMAGES OR RELIEF ON YOUR INDIVIDUAL CLAIM THAT A COURTOF LAW COULD, INCLUDING INDIVIDUAL INJUNCTIVE RELIEF AND ATTORNEYS’ FEES WHENAVAILABLE UNDER THE GOVERNING LAW. AS SET FORTH IN THE CLASS ACTION WAIVERBELOW, ALL ARBITRATIONS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND THERE SHALL  BE NO CLASS ACTIONS IN ARBITRATION.  Not withstanding this Agreement to Arbitrate, you and we agree that if a dispute is otherwise within the jurisdiction of a small claims court of competent jurisdiction in a location where you reside, either you or we may require that the dispute be resolved on an individual basis in small claims court and not in arbitration. In such event, we will not be responsible for any arbitration fees if we elect small claims court before an arbitrator is appointed. In small claims court, each party will be responsible for such fees and costs as determined by the court’s rules and orders.

Arbitrations will be administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org,and they include detailed information about how to initiate an arbitration. Each party shall be responsible for paying its own attorney’s fees.

YieldFX will pay the AAA’s Case Management Fee and any arbitrator fees, except if you pursue arbitration as part of or in coordination with a group of a similar arbitrations (“Mass Arbitration”) or if you otherwise seek to participate in a Mass Arbitration. For all Mass Arbitrations you pursue or in which you participate, you agree to advance half of all arbitration fees(including, but not limited to, filing fees, case management fees, administrative fees, hearing fees or fees charged by individual arbitrators),and to be responsible for payment of such fees to the extent not advanced, not withstanding any contrary rule or policy of the AAA, or anything else in this Agreement to Arbitrate.

If an arbitration already in process is later determined to be part of a Mass Arbitration, we shall have the right to request that the arbitrator order you to reimburse us for fees we have already paid or advanced, and for proceedings in the arbitration to be stayed until you have made such reimbursement. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the AAA declines to administer or continue to administer a Mass Arbitration on the terms described herein, then either you or we may request that a court of competent jurisdiction appoint an arbitrator pursuant to section 5 of the Federal Arbitration Act.

The arbitrator will apply the same substantive law, statutes of limitations and privileges as would apply in court (subject to the choice of law provision set forth in section 18 above). Arbitration will not be deemed commenced for statute of limitations purposes until you either pay your share of arbitration filing fees or file a written demand for arbitration that includes a written request that we advance your share of arbitration filing fees.

If the arbitrator determines that the claims or defenses of a party to the arbitration lacked merit and were presented in bad faith or for purposes of harassment, the arbitrator shall award to the other party such fees and costs as were reasonably incurred in responding to the improperly presented claims or defenses.

You agree that these terms affect interstate commerce. Accordingly, the Federal Arbitration Act and federal arbitration law will apply to this Agreement to Arbitrate and govern its interpretation and enforcement(notwithstanding the choice of law provision set forth in Section 18 above).

‍CLASS ACTION WAIVER. ALL CLAIMS AND DISPUTES WILLBE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND YIELDFX WAIVE ANY ABILITY TOPARTICIPATE IN A CLASS ACTION AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER.THERE WILL BE NO CLASS ACTIONS, REPRESENTATIVE ACTIONS, OR CONSOLIDATED ACTIONSEITHER IN ARBITRATION OR IN SMALL CLAIMS COURT. If this Class Action Waiver is held unenforceable, in whole or in part, as to any claim, then the Agreement to Arbitrate also will not apply to that claim.

19. Miscellaneous

‍Subject to the terms of this Service Agreement, the Service is generally available 24 hours a day, seven (7) days a week with the exception of outages for maintenance and circumstances beyond the control of YieldFX. Customer service via email generally will be available during the hours of 8am to 5pm, seven(7) days a week, excluding US bank holidays.