Terms and Conditions

1. Introduction and Definitions

Introduction. These Terms and Conditions (the "Terms") govern the use of the web platform and services provided by GLOBALLY UNITED TECH CORPORATION, registered as a Money Service Business with FINTRAC, MSB registration No. C100000396 (the "Company") to the Client. By accessing the Company’s website https://fenryx.com or using the Services (defined below), or by entering into a service agreement with the Company, the Client acknowledges and agrees to be bound by these Terms. If the Client does not agree with any provision of these Terms, the Client should refrain from using the platform or services.

Parties. In these Terms, "Company" refers to the service provider, a business entity, and "Client" (or "User", "you") refers to any business or representative of a business that uses the Company’s platform or services. The Company and the Client are collectively referred to as the "Parties".

Services. The "Services" refer to the IBAN account matchmaking and support services offered by the Company. This includes opening and maintenance of accounts and the issuance of account identifiers (including IBAN accounts), identifying and introducing the Client to licensed financial institutions or partners capable of providing IBAN accounts, and assisting the Client through the account opening process with those partners. The Company’s Services are provided remotely via the Company’s website and online tools, and through necessary communications (email, telephone, etc.), and may be complemented by a separate written agreement where required.

Financial Partners. "Financial Partner" refers to any third-party licensed financial institution, bank, electronic money institution, or similar regulated entity with which the Company collaborates to facilitate the opening of an IBAN account for the Client. Financial Partners hold the requisite financial licenses to offer and maintain bank accounts and related services. The decision to approve or deny an account application lies solely with the Financial Partner, not with the Company.

Platform. The "Platform" refers to the Company’s website and any associated online portal or application through which the Services are offered.

Acceptance of Terms. These Terms apply to all interactions between the Company and Client, whether initiated via the Platform or formalized in a separate written contract. In the event of any conflict between these Terms and any separately negotiated agreement signed between the Parties, the terms of the signed agreement shall prevail to the extent of the conflict. Any additional policies referenced in these Terms (such as the Privacy Notice) are incorporated by reference and form part of the binding agreement between the Parties.

2. Description of Services

Scope of Services. The Company provides a business matchmaking and guidance service to facilitate the opening of IBAN bank accounts for Clients through licensed Financial Partners. In practice, the Company will gather necessary information and documentation from the Client, identify suitable Financial Partners, and introduce the Client to one or more such partners.

The Company may also assist in coordinating communications between the Client and the Financial Partner, advising the Client on the account opening requirements, and generally supporting the Client through the application and onboarding process. All Services are provided remotely via the Platform or other communication means, unless otherwise agreed.

Client’s Responsibilities in Account Opening. The Client will be responsible for providing accurate and complete information and documentation as required by the Financial Partner for the account opening process. This may include corporate documents, identification of beneficial owners, financial statements, compliance information, and any other Know-Your-Customer (KYC) or due diligence documentation required under law or by the Financial Partner’s internal policies. The Company will inform the Client of typical requirements and may assist in preparing the application; however, the accuracy and completeness of the information provided are the sole responsibility of the Client. The Client must promptly update any information that is no longer accurate or if additional information is requested.

Financial Services and Licensing. The Client acknowledges that the Company may, where permitted under applicable law, provide financial and payment services directly under its own valid license(s), including the opening and maintenance of accounts and the issuance of account identifiers (including IBAN accounts), or may facilitate such services through duly licensed third-party financial institutions acting as the Company’s partners or service providers.

Depending on the applicable regulatory framework and the selected service, accounts may be opened either directly by the Company or by its licensed Financial Partners. In all cases, such services are provided in accordance with the relevant license(s) and regulatory requirements. Nothing in these Terms shall be construed as creating any rights or services beyond those expressly permitted under the applicable license(s) and contractual arrangements in place.

Independence of Financial Partners. The Client acknowledges that any Financial Partner introduced by the Company is an independent third party. The Company does not endorse or guarantee the services of any particular Financial Partner beyond facilitating the introduction. The Financial Partner may require the Client to accept its own terms and conditions and fee schedules for the banking services it provides. The Client is solely responsible for reviewing and understanding the Financial Partner’s terms for the IBAN account and ensuring ongoing compliance with them. The Company is not responsible for any agreement or contract between the Client and the Financial Partner, nor for the performance of banking services by the Financial Partner.

Limitations of Service. The Service is limited to introduction and ancillary support. The Company is not involved in the execution of transactions on the IBAN account, the operation of the account once opened, or any ongoing account management unless separately agreed as an additional service. The Company does not provide continuous account monitoring or post-opening administrative services under these Terms, except for resolving any issues directly related to the initial account opening process as agreed. After a successful introduction and account opening, any further relationship or issues regarding the account are strictly between the Client and the Financial Partner.

3. Disclaimers and Limitation of Liability

No Warranty of Outcome. The Company provides the Services on an "as is" and "as available" basis, without any express or implied warranties except as explicitly set forth in these Terms. The Company expressly disclaims any representation or warranty that the Services will result in the opening of a bank account for the Client or that any particular outcome will be achieved. All conditions, warranties or other terms concerning the Services which might otherwise be implied or incorporated into these Terms by law or otherwise are hereby excluded to the maximum extent permitted. The Client accepts that the Company’s role is limited and that any risk of not obtaining an account or any particular financial outcome rests with the Client.

Disclaimer of Financial/Legal Advice. The Client acknowledges that the Company is not providing legal, financial, investment, or tax advice as part of its Services. Any information or guidance provided by the Company during the course of service (for example, information about different Financial Partners or general banking requirements) is for the purpose of facilitating the introduction and is not tailored professional advice. The Client should seek independent advice from qualified professionals for any decisions regarding legal compliance, tax matters, or financial services beyond the scope of the introduced Services. Nothing in the Company’s communications or on its Platform shall be construed as an endorsement of any particular bank or financial product, nor as a guarantee of suitability for the Client’s needs.

No Guarantee by Company or Liability for Third Parties. The Company does not guarantee or make any promise regarding the availability, approval, or terms of any account offered by a Financial Partner. Any decision by a Financial Partner to refuse, condition, suspend, or close an account is outside the Company’s control and the Company shall not be liable for such actions. The Company likewise is not liable for any acts or omissions of the Financial Partners or other third parties involved, such as delays in their responses, errors in their processes, or failures in their services. The Client understands that engaging with a Financial Partner may involve additional risk assessments by that partner and potential refusal or requirements that the Company cannot influence.

4. Prohibited Activities and Termination for Cause

The Client’s misuse of the Services or Platform, or use of an obtained account for prohibited purposes, shall constitute a material breach of these Terms. In particular, if the Company reasonably suspects that the Client is using or intends to use an IBAN account for unlawful, fraudulent, sanctionable, or other prohibited activities, or if the Client is found to have provided false information or concealed a material fact (for example, true ownership or the nature of the Client’s business), the Company may immediately suspend or terminate the Services and refuse any further involvement.

In such an event, the Client will not be entitled to any refund of fees paid and remains liable for any outstanding fees and any costs or losses incurred by the Company due to the Client’s breach. The Company shall also have the right to report any suspicious activity to relevant authorities as required by law.

5. Intellectual Property

All intellectual property rights in the Platform and any materials provided by the Company (such as reports, guides, or documentation) remain the exclusive property of the Company or its licensors. The Client is granted a limited, revocable license to make use of the Platform and any such materials solely for the purposes of the Services and in accordance with these Terms. The Client shall not reproduce, distribute, modify, or create derivative works from the Company’s intellectual property without prior written consent. Any feedback or suggestions provided by the Client regarding the Platform or Services may be used by the Company without obligation, and do not grant the Client any proprietary rights in the Services.

6. Third-Party Services and Links

The Platform or communications may contain references or links to third-party websites or services (for example, documentation services, authentication services, etc.). These are provided for convenience only. The Company does not endorse or assume any responsibility for third-party services or websites. If the Client accesses any third-party content or service, the Client does so at its own risk and must comply with any terms of use thereof. The Company shall not be liable for any issues arising from third-party content or services outside the scope of the Services defined herein.

7. Modifications of Terms and Notices

7.1. Changes to Terms. The Company reserves the right to amend or update these Terms from time to time, for example, to reflect changes in the Services, legal or regulatory changes, or improvements in business practices. If the Company makes any material changes to these Terms, it will provide notice to the Client by appropriate means – such as by posting the revised Terms on the Company’s website and updating the "last updated" date, and/or by sending an email notification to the Client’s registered email address. The notification will include a summary of the changes or a clear reference to the updated Terms.

7.2. Acceptance of Changes. The revised Terms will become effective on the date specified in the notice (or immediately if the changes are minor and do not materially affect the Client’s rights).

By continuing to use the Platform or Services after the effective date of any updated Terms, the Client will be deemed to have accepted the revised Terms. If the Client does not agree to the new Terms, the Client must notify the Company in writing before the changes take effect and discontinue use of the Services. In such a case, the Client may terminate the agreement (and if applicable, close any account or profile on the Platform), and if there are any pre-paid fees for services not yet rendered, the Company will handle those as per the termination provisions. A Client’s objection to changes, without termination, may unfortunately result in the Company being unable to continue providing Services to that Client (since the Terms are integral to the service arrangement). The Company will consider individual concerns in good faith, but reserves the right to enforce the updated Terms generally.

8. Governing Law and Jurisdiction

These Terms and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of Canada. The choice of Canadian law is made without regard to its conflict of law principles, meaning that the laws of Canada shall apply even if the conflict of law rules would point to the law of another jurisdiction.

9. Entire Agreement

These Terms (together with any documents incorporated by reference, such as the Privacy Notice, and any Service Order or contract executed between the Parties) constitute the entire agreement between the Client and the Company regarding the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, both written and oral, regarding such subject matter. Each Party acknowledges that in entering into these Terms it has not relied on any statement, representation, warranty, or assurance other than as expressly set out in these Terms. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation in relation to the making of these Terms.

10. Relationship of Parties

The Company is an independent contractor, and nothing in these Terms is intended to or shall operate to create a partnership, agency, joint venture, or employment relationship between the Company and the Client. Neither Party has authority to act for or to incur any obligations on behalf of the other Party except as explicitly provided in these Terms.