Terms of Use

Updated: March 15th, 2023
Welcome to Chexy Inc.! We have put together these detailed terms and conditions to clarify expectations and to set out our respective rights and obligations relating to your use of our Services (defined herein). These terms (“Terms of Use” or “Terms”) along with our privacy policy (the “Privacy Policy”, found at Chexy's Privacy Policy) are resources for you to gain a deeper understanding of how we use information and data we collect, and what your rights and our obligations are with respect to that information.

Please carefully read both these Terms and our Privacy Policy before using our services.

DISCLAIMER

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CHEXY INC. (“CHEXY”, “ WE”, “ OUR” or “US”) IN RESPECT OF ACCESS AND USE OF CHEXY’S WEBSITE LOCATED AT WWW.CHEXY.CO AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY ITS FUTURE VERSIONS (“WEBSITE”).

THESE TERMS AND CONDITIONS APPLY TO ALL USERS OF THE WEBSITE, INCLUDING MERCHANTS AND SERVICE PROVIDERS, PERSONS WHO USE THE WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE (“CONTENT”).

THE WEBSITE IS USED TO DELIVER FINANCIAL SERVICES WHICH MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE AGREEMENT AND ANY APPLICABLE AGREEMENTS WITH OUR THIRD-PARTY SERVICE PROVIDERS.

BY ACCESSING, BROWSING AND USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE.

1. Scope

1.1 | Definitions. When used in this Agreement, each of the following words and phrases shall have the meanings set out below:

  1. "Account Profile" means a user's account created for unique identification;

  2. "Agreement" means these Terms of Use, including related schedules, and policies, as may be amended from time to time;

  3. "Credit Card Payment" refers to the use of the Services to make a payment of rents or fees via credit card by tenants or property owners to their Landlords or property managers (as applicable);

  4. "Debit Card Payment" refers to the use of the Services to make a payment of rents or fees via Visa debit card or MasterCard debit card by tenants or property owners to their Landlords or property managers (as applicable);

  5. "Bank Account Payment" refers to the use of the Services to make a payment of rents or fees via checking/chequing bank account by tenants or property owners to their Landlords or property managers (as applicable).

  6. "Force Majeure" means any act, occurrence, condition or event beyond the control of a party that materially affects the performance of that party's obligations under this Agreement that could not reasonably have been foreseen or provided against, including such events as fires, telecommunications or utility or power failures, governmental or quasi-governmental acts, equipment failures, labour strife, riots, war, non-performance of our vendors or suppliers, acts of God, but not including general economic conditions;

  7. "Indemnified Parties" means Chexy and its subsidiaries, parents, affiliates, officers, directors, agents, employees, consultants, customers, suppliers and other representatives, taken collectively;

  8. "Landlord" means the person with whom you have a lease agreement under which you are using the Services to facilitate Payment;

  9. "Lease" refers to the written lease agreement between a User and Landlord;

  10. "Linked Sites" means third-party websites or applications accessed through our Website;

  11. "Payment" or “Payments” means a Credit Card Payment, Debit Card Payment, Bank Account Payment or a Cash Payment as the case may be;

  12. "Payment Amount" refers to the aggregate dollar value of a Payment exclusive of the Service Fee;

  13. "Payment Processor" means Chexy's third-party payment processor;

  14. "Recurring Payment" refers to an automatic recurring payment processed monthly on the date that you or your property manager selected;

  15. "Service Fee" means the fee charged by Chexy to you when you use the Payment Service and a Credit Card Payment, Debit Card Payment, or Bank Account Payment is accepted by Chexy. The Service Fee that you may be charged for using the Services will be stated in the onboarding process prior to the Payment being submitted to Chexy for acceptance;

  16. "Services" means the internet Payment services offered through the Website, as well as rewards any other services offered by us to users from time to time;

  17. "Third Party Services" refers to the services provided by third parties that users may access through the Website, including but not limited to Payment Processors and user rewards;

  18. "Users" or "User" means any user of our Services, including, but not limited to, tenants, channel partners, and all employees, representatives, consultants, contractors, or agents who are authorized by you to use our Services; and

  19. "Website" means the website located at www.chexy.co, and all related webpages.

2. Eligibility and your Account

2.1 | Chexy Services. Subject to the terms of this Agreement and when offered by us, you may use our Services to make rent Payments through the Website to your landlord in the following manner: User (tenant) pays to Chexy 4 calendar days prior to their lease due date via a major credit card, or 1 calendar day prior if paying via major debit card; once Chexy receives the payment, Chexy will send the landlord of that user an Interac e-transfer on their lease due date. Every month the user is sent a notification once their payment has been successfully deposited to the landlord. It is up to the user to agree with their landlord that Interac e-transfer is an acceptable format of payment to them. We may from time to time offer additional Services to users in which case these Terms of Use will apply to such additional services.

2.2 | Your Account. When you enroll to use our Services, you must create a Chexy account and provide an Account Profile. You agree to keep the information in your profile accurate and current. You may opt out of communications, delete your account, and remove payment method details but your payment history and any information linked to those transactions, including any applicable credit reporting, will remain in our system and any information as required or permitted by law.

2.3 | Eligibility. To be eligible to use our Services, you must be either (1) an individual who is of legal age to be able to form legally binding contracts in their jurisdiction of residence or legally act on behalf of an individual under applicable law with a mailing address in Canada; or (2) a corporation, partnership, or other legal entity duly formed (and incorporated, if applicable), in good standing, and have the power and authority to enter into this agreement and perform the acts as required by you under this Agreement. You may use the Services on your own behalf or as the authorized representative of a corporation registered to conduct business in the same country in which you reside. No machines, scripts or automated services may be used to access or use the Services.

2.4 | Identity Authentication. You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third-party databases or through other sources. You represent and warrant that you have the power and authority to provide this information to us.

Third Party Services

3.1 | General Third Party Liability Disclaimer. Our Website may contain Linked Sites through which you can access the provision of Third Party Services. These Linked Sites are provided solely as a convenience to our Users. The Third Party Services found through the Linked Sites are not under Chexy’s control, and Chexy is not responsible for the quality of the Third Party Services or the content of such Linked Sites, including any information or materials contained on such Linked Sites. Chexy may process payments in respect of Third Party Services and/or receive referral fees or revenue sharing in respect of your use of any Third Party Services. You should use your own discretion when evaluating and using the Linked Sites and Third Party Services.

CHEXY EXPRESSLY DISCLAIMS ANY LIABILITY TO YOU RELATING TO YOUR ACCESS OF AND USE OF THE LINKED SITES AND THIRD PARTY SERVICES. BY ACCEPTING THESE TERMS OF USE, YOU ARE DEEMED TO (1) ACKNOWLEDGE THAT CHEXY IS NOT PROVIDING ANY THIRD PARTY SERVICES AND IS NOT RESPONSIBLE FOR THE LINKED SITES AND (2) RELEASE CHEXY FROM ANY LIABILITY IN WAY ARISING FROM YOUR USE OF ANY THIRD PARTY SERVICE OR LINKED SITE.

3.2 | Third-Party Credit Services. Chexy not a consumer credit provider or micro-lender and does not carry on any activity in respect of credit or lending services, including but not limited to, soliciting applications for credit services, issuing or delivering contracts for credit, advertising for any credit products or collecting or receiving payment for credit contracts.

All credit products and services included in the content on our Website or through Linked Sites to Third Party Services, including content and links relating to any credit providers such as PayPal Credit, are being provided by third parties and are not Chexy products or endorsed or controlled in any way by Chexy.

4. Making Payments

4.1 | Payment Processor. When you make a Payment using our Services, our Payment Processor relays the credit card authorization requests and responses between you and your debit or credit card issuing bank (or one or more credit card agencies).

4.2 | Service Fee. Immediately after you make a Payment using the Service, Chexy will charge you a non-refundable Service Fee. This Service Fee is payable in addition to (and in advance of) the Payment Amount. Service Fees vary based on subscription tier and payment method used.

4.3 | Taxes. It is your responsibility to determine what, if any, taxes apply to the Payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Chexy is not responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction.

4.4 | Credit Card, Debit Card, Bank Account, or Cash Delays and Non-Completion. Since Payment processing times depend on administrative factors and institutional backlogs beyond our control, Payments may take up to five Business Days (and in rare cases, even longer) to complete. Furthermore, completion of a Payment is contingent on both the authorization of the Payment by the applicable credit card issuing bank and acceptance of the Credit Card Payment or Debit Card Payment by the Payment Processor. In the event that a Payment is unable to be completed, we will attempt to notify you at least once through our Website or using the contact information in your Account Profile. In the case of such delay or non-completion, your liability to the intended recipient of the Payment may be subject to penalties, late fees and interest charges assessed by such recipient, all of which remain your responsibility (and not Chexy). If a Payment is not completed, you are not entitled to a return of any Service Fees charged by us, irrespective of the reason for non-completion.

4.5 | No Reversals and No Refunds. If your Payment is completed, you accept and agree that no refunds, cancellations or charge backs are permitted through the Website. If a Payment is refunded, cancelled or charged back by your credit card issuing bank, bank, financial institution, or another person, you are not entitled to the return of any associated Service Fees, irrespective of the reason for such refund, cancellation or charge back. You accept and agree not to request a refund, cancellation or charge back of Service Fees from your credit card issuing bank, bank, financial institution or any other person. Your landlord may authorize a refund for a Payment by submitting a written request to us. The refund is subject to the funds being made available by your landlord and the amount will only be refunded to the payment method used for the payment. There are no refunds whatsoever twelve (12) months after the original payment transaction date.

4.6 | Recurring Payments. You hereby authorize us and our respective vendors and agents to initiate debit and credit entries to any bank account you or your property manager (as applicable) authorize us to debit funds from, or any other account maintained by you, all in accordance with this Agreement. YOU HEREBY WAIVE THE RIGHT TO RECEIVE ADVANCE NOTICE FROM US AND OUR VENDORS AND AGENTS OF ANY AND ALL SUCH DEBITS. This authorization will remain in effect after termination of this Agreement and until all of your obligations to us have been paid in full. If you change your bank account, this authorization will apply to the new account and you shall provide us, in writing, such information regarding the new account as we deem necessary. Such new account shall thereafter be and become the new bank account for the purpose of this Agreement. It may take us up to ten (10) business days after receipt of a written notice from you to reflect in our system any change to your bank account. If you change your bank account, you agree that you are responsible for all costs incurred by us in connection with your decision to change the account. You may revoke any pre-authorization upon thirty (30) days' prior written notice to us. You will receive an email notification seven days before your scheduled recurring payment is processed. It is your responsibility to disable your pre-authorized debit or recurring payment a minimum of 2 full business days before the scheduled recurring payment date. If you are set up with pre-authorized recurring credit card payments and we cannot complete the transaction with your primary credit card account on file, we will attempt to complete the transaction with the secondary credit card account on file.

4.7 | Payment Limits. We may, at our sole discretion, impose limits on the Payment Amount you can send through our Services.

4.8 | Insufficient Funds or Credit. NOTWITHSTANDING ANY OTHER PROVISION, CHEXY IS NOT RESPONSIBLE FOR THE PAYMENT OF RENT OR FEES TO YOUR LANDLORD OR PROPERTY MANAGER: YOU ARE SOLELY RESPONSIBLE. ANY FAILURE IN RELATION TO MAKING A PAYMENT TO YOUR LANDLORD OR PROPERTY MANAGER IS YOUR SOLE RESPONSIBILITY AND CHEXY IS NOT LIABLE, IN ANY WAY, FOR YOUR FAILURE OR INABILITY TO MAKE PAYMENTS TO YOUR LANDLORD OR PROPERTY MANAGER. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SITUATION WHERE YOU HAVE INSUFFICIENT FUNDS OR CREDIT AVAILABLE TO MAKE A PAYMENT TO YOUR LANDLORD OR PROPERTY MANAGER AS A RESULT OF CHEXY CHARGING ANY APPLICABLE SERVICE FEE FOR YOUR USE OF THE SERVICES.

4.9 | Declined Service Fees. If any Service Fee is declined for a Payment you have made, your account will be considered in arrears. You must pay any outstanding Service Fees to put your account back into good standing. No additional Service Fees are applicable when paying the Service Fee through your account. Failure to do so may result in your account being suspended and/ or a third party collections agency contacting you.

4.10 | Default and Fraudulent Transactions. If any single transaction is investigated and is determined to be fraudulent or suspicious, in Chexy's sole discretion, Chexy may terminate or limit the relevant user's account. Such default, fraudulent or suspicious transactions may be reported to legal authorities.

4.11 | Payments to Partners. You may only request that Chexy make Payments to building owners, landlords and property managers.

5. Your Conduct

5.1 | Conduct. In connection with your use of our Website and our Services, you agree to:

  1. use the Services exclusively for (i) the remittance of rental, condominium, or other property management fees; (ii) agreeing to the sending of User rental payment information to the approved credit reporting agencies, and not for the remittance of any other types of payments or the sending of any other information; (iii) other payment services approved by us from time to time; and (iv) other Services or purposes approved by us from time to time;

  2. comply in all respects with this Agreement and any other agreements that you have entered into with us;

  3. comply with all applicable federal, state/provincial and Local laws and regulations;

  4. not register multiple Chexy accounts without our prior written consent;

  5. not infringe our or any third party's copyright, patent, trade-mark, trade secret or other intellectual property rights, or rights of publicity or privacy;

  6. provide, if requested, confirmation of your identity or any other information you have provided to us, and to cooperate with any investigations of the same by us or our third party delegates;

  7. not make Payments using the Services to provide yourself or any other person with a credit card cash advance;

  8. respond in a reasonable and timely fashion to our communications;

  9. not introduce or facilitate the use or spread of any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;

  10. not use any robot, spider, other automatic device or manual process to monitor or copy our Website without our prior written consent;

  11. not use any device, software or routine to bypass our robot exclusion headers or to interfere, or attempt to interfere, with our Website or our Services; and

  12. not take any action that may cause us to lose any of our services from our internet service providers, our Payment Processor or other suppliers.

6. Intellectual Property

6.1 | Limited Licence. Subject to these Terms of Use, we hereby grant to you a personal, non-exclusive, revocable, non-transferable license to access our Services solely for the purposes and subject to the terms and conditions of this Agreement.

6.2 | Proprietary Rights. This is an Agreement for access to and use of the Services. The Services are protected by intellectual property laws; they belong to and are the property of us or our licensors (if any), and we and our licensors (if any) retain all ownership rights to them. You shall have no right and specifically agree not to: (i) transfer, assign or sublicense any of the license rights granted herein to any other person, or use the Services except as expressly permitted by this agreement, and any such attempted transfer, assignment, sublicense or use shall be void; (ii) make error corrections to or otherwise modify or adapt the Services or create derivative works based upon the Services, or to permit third-parties to do the same; or (iii) decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Services to a human-readable form. You shall not remove any proprietary notices or markings included in the Services. Except as otherwise expressly granted in this agreement, all rights to the Services and all intellectual property rights embodied in the Services are reserved to Chexy. You may not use any of our trademarks without prior written permission.

7. Security and Electronic Communication

7.1 | Unsecure Electronic Channels. You accept full responsibility for all risks associated with electronic communications between us, including, without limitation, the risk that such communications may be delivered to the wrong person, intercepted, lost or altered by a third party.

7.2 | Access to Account. You are responsible for ensuring that the Services and your Chexy account will only be used by you or someone legally authorized to act on your behalf. You agree that any electronic communications made by you or purporting to have been made on your behalf will be binding on you.

7.3 | Notice of Unauthorized Use. You agree to notify us immediately if you know or reasonably ought to know that an unauthorized person is accessing or may access our Services (through your Chexy account or otherwise) or if you become aware of any actual or threatened use of our Services in a manner contrary to this Agreement.

7.4 | Third-Party Links. There may be links on our Website to websites not owned or operated by us, including the Linked Sites. We make no representations about, do not endorse, and are not responsible for the content, products, services, privacy policies or practices relating to such other websites. We are not responsible for any losses realized by you or claims made against you relating to your use of such other websites.

8. Privacy

8.1 | Privacy Policy. Chexy has taken commercially reasonable steps to ensure that data and personal information are protected in accordance with the Personal Information and Electronic Documents Act (“PIPEDA”) and other relevant Canadian laws. Access to your personal information is governed by the terms and conditions of Chexy and Privacy Policy, which is deemed an integral part of these Terms of Use. Please review the Privacy Policy at the following link address Chexy's Privacy Policy.

8.2 | Password and Email and Address. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Services. You are also responsible for keeping your email address, street address, and other personal information, up to date in your Account Profile.

9. Indemnification; Limitation of Liability; Warranties

9.1 | Indemnification and Release. You agree to indemnify and hold harmless each of the Indemnified Parties from any claim or demand made by such Indemnified Parties or any third parties (including reimbursement of reasonable legal costs incurred) due to or arising out of your use of our Services or our Website, your breach of this Agreement or your violation of any law or right of any third party.

9.2 | Limitations of Liability. IN NO EVENT SHALL WE, OR ANY OF OUR REPRESENTATIVES, BE LIABLE UNDER THESE TERMS TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHEXY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS EXCEED THE GREATER OF (i) $100.00 OR (ii) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, OVER THE COURSE OF A ONE (1) MONTH PERIOD.

9.3 | Warranty Disclaimer. CHEXY’s SERVICES (AND ANY ASSOCIATED THIRD-PARTY CONTENT, OR SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, CHEXY. EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING CHEXY’S SERVICES AND THIRD-PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATION, WARRANTY, OR CONDITION OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHEXY MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY, OR COMPLETENESS OF THE SERVICES OR ITS CONTENT, OR OTHERWISE. CHEXY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE SERVICES OR THAT SERVICES WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. ALL USE OF CHEXY’S SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.ANY MATERIAL DOWNLOADED FROM CHEXY’S SERVICES OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.FOR CERTAINTY, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM CHEXY. SHALL CREATE ANY REPRESENTATION, WARRANTY, OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

9.4 | Dispute Resolution. Any controversy or dispute between Chexy and you arising out of, or related to, these Terms of Use and/or your use of the Service that cannot be settled by mutual agreement shall be exclusively and finally settled by arbitration under the Rules of the Canadian Arbitration Association. The Parties agree that they will submit to a binding confidential arbitration to be held in the city of Toronto, Ontario and conducted by a mutually agreed upon arbitrator. The Parties agree and acknowledge that all provisions of this Agreement, including confidentiality provisions, shall be binding up through the end of this arbitration process. Costs of the arbitration shall be borne equally by all Parties.

10. Term and Termination

10.1 | Term. Terms of Use shall remain in full force and effect while you use the Services, and shall remain in effect on Termination except as otherwise provided by these Terms of Use.

10.2 |Termination. Termination by Chexy. Chexy may, at any given time and in our sole discretion, terminate your access to the Services, in whole or in part, for any reason and at any time, upon electronic notice to you at your registered email address, including, but not limited to, violation of these Terms.

Notwithstanding the rights of Chexy to terminate your access to Services, Users and Creators may submit a request for the reasons as to why access was terminated to support@chexy.co.

You agree that we are not liable to you or any third party for any termination of your access to our Services.

Termination by you: You may terminate your use of the Services or your account at any time by anytime in the Billing section of your Profile by cancelling the auto-renewal option. By cancelling the auto-renewal option, your subscription will remain active until the end of the current pre-paid period and then expires automatically.

If you do not wish to continue using the Service, please cancel the auto-renewal option before the end of the billing period.

Upon termination of your account, your right to use the Services will immediately cease. Any such ongoing provisions of these Terms of Use, including those within the associate Privacy Policy which, by their nature, should survive termination shall survive termination, including without limitation such provisions relating to intellectual property, indemnity, liability, payment, communication, dispute resolution, ownership provisions, warranty disclaimers, and limitations of liability.

10.3 | Post-Termination Transition. All monetary and non-monetary obligations of the parties owing or to be performed or discharged prior to the date of termination or expiration shall survive termination until such obligations have been performed or discharged.

11. Miscellaneous

11.1 | Currency. Unless otherwise specified, all dollar amounts referred to in this Agreement are in lawful money of Canada.

11.2 | Relationship. Chexy is an independent contractor. Nothing contained in this Agreement will create a partnership, joint venture, principal-and-agent relationship or any similar relationship between us.

11.3 | Third-Party Providers. We may use one or more third-party service providers in the course of providing our Services. You agree that information about you and your Payments may be shared with such service providers for the purposes of performing this Agreement in accordance with our Privacy Policy.

11.4 | Features and Functionality. You understand that the Services may change over time as we refine and add more features or content. We reserve the right to update, modify, or discontinue the features, functionality, content or other aspects of the Service, including any and all perks, contests and promotions at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to this Agreement. We do not guarantee the availability of the Services and/or any of the perks or other benefits contained therein, and they are all subject to change at any time without notice.

11.5 | Entire Agreement. This Agreement constitutes the entire agreement between us relating to the subject matter of this Agreement; it supersedes and replaces any previous or contemporaneous agreements and discussions between us.

11.6 | Representation and Warranty. You represent and warrant that your execution of and performance under this Agreement (a) in no way breaches, contravenes, violates or in any manner conflicts with any of your other legal obligations, or any agreement between you and any third party; and (b) has been duly authorized by all necessary actions and does not require any consent or other action by or in respect of any third party.

11.7 | Notices. In order to be effective, notice pursuant to this Agreement must be given as follows:

12. Support

12.1 | If you have any questions about these Terms, please contact us at support@chexy.co.