Terms of Use
Updated: May 15, 2026
v.2.0
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 carefully as they constitute a legally binding agreement between you and Chexy Inc. ("Chexy," "we," "our," or "us") in respect of access to and use of the Platform (as defined in Section 1.1).
These Terms apply to all Users of the Platform, including merchants and service providers, persons who use the Platform, and Users who simply view the Content on or available through the Platform.
The Platform is used to deliver financial services which may be subject to additional terms and conditions, including without limitation this Agreement and any applicable agreements with our third-party service providers.
BY ACCESSING, BROWSING, AND USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
1. Scope
1.1 Definitions. When used in this Agreement, each of the following words and phrases shall have the meanings set out below:
"Account Profile" or “Account” means a User's registered account on the Platform created for unique identification and use of the Services;
"Agreement" means these Terms of Use, including related schedules, and policies, as may be amended from time to time;
“Authorized Individual” means the individual who opens and holds a Business Account on behalf of a Business User, being a sole proprietor, owner, director, or senior officer of the Business User with the authority to bind the Business User;
“Beneficial Owner” means, with respect to a Business User, any individual who directly or indirectly owns or controls twenty-five percent (25%) or more of the Business User, or who otherwise exercises significant control over the Business User, as required by applicable anti-money laundering laws;
“Business Account” means an Account opened by a Business User;
“Business Day” means any day other than a Saturday, Sunday, or statutory holiday recognized in the Province of Ontario, Canada;
“Business User” means a user that is a corporation, partnership, sole proprietorship, or other legal entity, or a natural person accessing the Platform for business or commercial purposes;
“Chexy”, “we”, “us”, or “our” means Chexy Inc., a corporation incorporated under the laws of Canada;
“Chexy Cash” means non-monetary promotional or compensatory credit issued by Chexy to a User’s Chexy Wallet, which may be applied toward Service Fees and Payment Amounts on the Platform. Chexy Cash has no cash value, is not redeemable for cash, is non-transferable, and may only be used on the Platform in accordance with these Terms and any additional terms specified at the time of issuance;
“Chexy Payment Account” means a virtual bank account number assigned by Chexy (or Chexy’s banking partner) to a User for the purpose of receiving Pre-Authorized Debit requests from Recipients designated by the User. The Chexy Payment Account is not a deposit account held by the User and does not maintain a balance accessible to the User;
“Chexy Wallet” means the feature within a User’s Account that holds the User’s Chexy Cash balance and allows the User to view and apply Chexy Cash to eligible transactions on the Platform;
“Consumer User” means a User who is a natural person accessing the Platform primarily for personal, family, or household purposes;
“Content” means any and all information, data, text, documents, photographs, images, audio, graphics, video, software, code, designs, trademarks, logos, layouts, messages, communications, or other materials of any kind that are made available, displayed, uploaded, submitted, transmitted, or otherwise provided on or through the Platform, whether by Chexy Inc., users or third parties;
"Credit Card Payment" means a Payment made using a credit card through the Services;
“EFT” means an electronic funds transfer initiated by Chexy from a bank account designated by the User at a Canadian financial institution.
"Force Majeure" means any act, occurrence, condition or event beyond the reasonable control of a party that materially affects the performance of that party’s obligations under this Agreement and that could not reasonably have been foreseen or provided against, including fires, telecommunications, utility, or power failures, governmental or quasi-governmental acts, equipment failures, labour disputes, riots, war, acts of terrorism, pandemics, non-performance of our vendors or suppliers, and acts of God, but excluding general economic conditions;
"Indemnified Parties" means Chexy and its subsidiaries, parents, affiliates, officers, directors, agents, employees, consultants, customers, suppliers and other representatives, taken collectively;
“KYC” means the identity verification process conducted by Chexy as part of its compliance obligations under applicable anti-money laundering and anti-terrorist financing laws, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada);
"Landlord" means the person with whom you have a lease agreement under which you are using the Services to facilitate Payment;
"Lease" refers to the written lease agreement between a User and Landlord;
"Linked Sites" means third-party websites or applications accessed through our Platform;
“Mortgage Lender” means the bank, credit union, monoline lender, private lender, or other person or entity designated by a User as the holder of a mortgage obligation owed by that User, to whom Mortgage Payments are directed through the Services;
"Mortgage Payment" means a Payment made by a User through the Services in respect of a mortgage obligation owed by the User to a Mortgage Lender;
"Payment" or “Payments” means any payment made by a User through the Services using a Payment Method, including without limitation a Credit Card Payment or EFT;
"Payment Amount" means the aggregate dollar value of a Payment exclusive of the Service Fee;
“Payment Method” means the credit card, debit card, EFT, or other approved method used by a User to fund a Payment, as permitted by Chexy for the applicable Payment type.
"Payment Processor" means Chexy's third-party payment processor(s);
"Payout Methods" refers to the available methods of transferring funds, including Interac, Bill Pay, and Pre-Authorized Debit (PAD);
"Platform" means the website located at www.chexy.co, and all related webpages, including mobile applications (iOS, Android, and any other mobile or tablet operating systems) whether existing now or introduced in the future;
“Pre-Authorized Debit” or “PAD” means a payment mechanism by which a Recipient is authorized to initiate debit requests against a Chexy Payment Account, in accordance with the Payments Canada Rules and this Agreement;
“Privacy Policy” means Chexy’s privacy policy, as amended from time to time, available on the Platform;
"Recipient" means the entity or individual designated to receive a Payment through the Services, including Landlords, property managers, utility providers, government agencies, vendors, contractors, and other third-parties accepting bill or tax payments;
"Recurring Payment" means a Payment scheduled to be processed automatically on a recurring basis, on dates selected by the User or the User’s property manager;
"Service Fee" means the fee charged by Chexy to you when you use the Services and a Payment is accepted by Chexy. The Service Fee will be stated in the onboarding process prior to the Payment being submitted to Chexy for acceptance;
"Services" means the internet Payment services offered through the Platform, as well as rewards and any other services offered by us to users from time to time;
“Terms” or “Terms of Use” means these terms of use, as amended from time to time;
"Third Party Services" means services provided by third parties that Users may access through the Platform, including but not limited to Payment Processors, identity verification providers and rewards providers;
"User", "you", or “your” means any individual or entity that accesses or uses the Platform or Services, including Consumer Users and Business Users;
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 Payments for rent, mortgage, bills, taxes, and such other categories as Chexy may approve from time to time. Users fund Payments through an approved Payment Method, which may include credit card, EFT, or other methods, depending on the Payment type and as permitted by Chexy on the Platform. The applicable Payment Method, funding timeline, Payout Method, and Service Fee for each Payment type will be communicated to the User on the Platform prior to the Payment being submitted to Chexy for acceptance. Once Chexy receives the funds, Chexy will remit the Payment to the designated Recipient via the applicable Payout Method. Chexy will notify Users regarding Payment status through the Platform or by email. Users are solely responsible for ensuring that their chosen Payout Method is acceptable to their Recipient. 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. Notwithstanding such actions, your payment history and related transaction information (including any applicable credit reporting) will be retained by Chexy in accordance with applicable law and Chexy’s record retention obligations, including under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada).
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. Business Users must meet the additional eligibility requirements set out in Section 11 (Business User Terms). No machines, scripts or automated services may be used to access or use the Services.
2.4 Identity Verification. Before using certain features of the Platform, including making Payments, you must complete our KYC process. You agree to provide accurate, current, and complete information, including government-issued identification, proof of address, and any other information or documentation we request. We may use third-party service providers to verify your identity, and by submitting your information, you consent to such verification. We reserve the right, at our sole discretion, to (a) request additional information or documentation at any time, (b) re-verify your identity periodically, (c) refuse to open an Account, (d) restrict or suspend access to the Platform, or (e) terminate your Account, if we are unable to verify your identity or if we reasonably suspect that the information you have provided is inaccurate, outdated, or fraudulent.
2.5 Ongoing Obligations. You agree to notify us immediately of any changes to the information you have provided, including changes to your name, address, contact information, employment, source of funds, or beneficial ownership. We may require you to periodically re-verify your information or provide updated documentation as part of our ongoing compliance obligations.
2.6 Compliance with Laws. You agree to use the Platform only for lawful purposes and in compliance with all applicable laws, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and related regulations. You represent and warrant that (a) you are not on any sanctions list maintained by the Government of Canada or any other relevant jurisdiction, (b) the funds you use on the Platform are not derived from criminal activity, and (c) you are not using the Platform to finance terrorism, launder money, or engage in any other illegal activity.
2.7 Transaction Monitoring and Reporting. You acknowledge that we are a reporting entity under Canadian Anti-Money Laundering and Anti-Terrorist Financing regulations. We are required to monitor transactions on the Platform and may be required to report certain transactions to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) or other regulatory authorities, including but not limited to suspicious transactions, large cash transactions, and electronic funds transfers. We may take such actions as we deem necessary or appropriate to comply with our legal obligations, without notice to you, including (a) delaying, suspending, or refusing to process a transaction, (b) freezing funds, (c) restricting access to your Account, and (d) terminating your Account.
You acknowledge that we are prohibited by law from disclosing to you whether a report has been, will be, or may be filed with FINTRAC or any other authority, and you agree that we shall have no liability to you for any action taken in good faith in connection with our compliance obligations.
2.8 Prohibited Activities. You may not use the Platform to (a) engage in money laundering, terrorist financing, fraud, or any other illegal activity; (b) transact on behalf of a third party without our prior written consent; (c) circumvent or attempt to circumvent our KYC, transaction monitoring, or compliance processes; (d) transact in jurisdictions subject to Canadian or international sanctions; or (e) engage in any activity prohibited by our Terms.
2.9 Disclosure to Authorities. You consent to our collection, use, and disclosure of your personal information and transaction data to FINTRAC, other regulatory authorities, law enforcement, courts, or other parties as required or permitted by applicable law, including for the purposes of complying with our reporting and recordkeeping obligations.
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.
3. Third Party Services
3.1 General Third Party Liability Disclaimer. Our Platform 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 ANY WAY ARISING FROM YOUR USE OF ANY THIRD PARTY SERVICE OR LINKED SITE.
3.2 Third-Party Credit Services. Chexy is 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 Platform or through Linked Sites to Third Party Services, including Content and links relating to any credit providers, 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 the 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 Payment Delays and Non-Completion. Since Payment processing times depend on administrative factors and institutional backlogs beyond our control, Payments may take up to five (5) 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 issuer and acceptance of the 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 Platform 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 Chexy Wallet and Chexy Cash.
General. The Chexy Wallet is a feature of your Account that holds your Chexy Cash balance. Chexy Cash is a non-monetary promotional or compensatory credit and is not real currency. Chexy Cash has no cash value and cannot be exchanged, redeemed, or converted into cash under any circumstances.
How Chexy Cash is earned. Chexy Cash may be issued to your Chexy Wallet in the following circumstances: (i) as a promotional credit for referrals or other promotional activities offered by Chexy from time to time; (ii) in lieu of a refund for a failed or returned Payment, where you have elected to receive Chexy Cash instead of a refund to your original Payment Method; and (iii) in other circumstances determined by Chexy at its sole discretion.
How Chexy Cash may be used. Chexy Cash may be applied toward Service Fees, Payment Amounts, or other eligible transactions on the Platform, as permitted by Chexy from time to time. Chexy reserves the right to limit, modify, or restrict the ways in which Chexy Cash may be used at any time.
Non-transferable. Chexy Cash may not be sold, assigned, gifted, or transferred to another User or any third party.
No Expiry. Chexy Cash does not expire due to the passage of time or account inactivity. Your Chexy Cash balance will remain available in your Chexy Wallet for your use on the Platform for as long as your Account remains open, subject to these Terms and the terms governing your Account. For greater certainty, the treatment of your Chexy Cash balance upon closure or termination of your Account is governed by the "Account Closure or Termination" provisions below, and nothing in this subsection limits Chexy's right to forfeit promotional Chexy Cash on closure or termination as set out in those provisions.
Account Closure or Termination. Upon the closure or termination of your Account, for any reason, Chexy Cash in your Chexy Wallet will be treated as follows:
(i) Refund-origin Chexy Cash. Chexy Cash that was originally issued in lieu of a refund for a failed or returned Payment will be refunded to the original Payment Method used for the underlying Payment, subject to any applicable legal or regulatory holds, fees, or adjustments.
(ii) Promotional Chexy Cash. Chexy Cash that was issued as a promotional credit (including through referrals, bonuses, or other promotional activities) will be forfeited upon account closure or termination and will not be refunded or otherwise compensated.
(iii) In cases where a User’s Chexy Cash balance includes a combination of refund-origin and promotional Chexy Cash, Chexy will make a reasonable determination of the origin of each portion of the balance based on its records.
Modification and Discontinuation. Chexy reserves the right to modify, suspend, or discontinue the Chexy Wallet or the Chexy Cash program at any time, at its sole discretion. In the event of discontinuation, any refund-origin Chexy Cash will be refunded to the User’s original Payment Method, and any promotional Chexy Cash may be forfeited subject to reasonable notice and applicable law.
No Interest. Chexy Cash balances do not accrue interest.
Taxes. Users are responsible for any taxes that may apply to Chexy Cash received, including taxes on referral rewards or other promotional credits. Chexy does not provide tax advice and recommends that Users consult a tax professional regarding their obligations.
Fraud and Abuse. Chexy reserves the right to cancel, reduce, or revoke Chexy Cash at any time if Chexy reasonably suspects fraudulent activity, abuse of the Chexy Cash program, violation of these Terms, or if the Chexy Cash was issued in error.
4.6 Payout Methods. Chexy offers multiple Payout Methods:
Interac e-Transfer: Sent directly to the Recipient’s email.
Bill Pay: Used for payments to registered billers.
Pre-Authorized Debit (PAD): Funds are debited from your Chexy account and processed directly to the Recipient.
If PAD is selected, additional terms and conditions apply. Please review the PAD (Pre-Authorized Debit) Terms & Conditions before using this option.
4.7 Recurring Payments and Pre-Authorized Debit.
Authorization. By setting up a Recurring Payment or enabling Pre-Authorized Debit (PAD) as a Payout Method, you authorize Chexy and its vendors and agents to:
(i) charge your credit card on file for Recurring Payments in accordance with the schedule you or your property manager selects;
(ii) receive and process Pre-Authorized Debit requests initiated by Recipients you have designated against your Chexy Payment Account; and
(iii) take such other actions as are necessary to process Payments in accordance with this Agreement.
This authorization remains in effect until terminated in accordance with this Agreement.
Chexy Payment Account. If you enable PAD as a Payout Method, Chexy will assign you a Chexy Payment Account. The Chexy Payment Account is not a deposit account held by you, does not maintain a balance accessible by you, and is used solely to facilitate Pre-Authorized Debit requests initiated by Recipients you have designated. You may provide the Chexy Payment Account details to a Recipient for the purpose of authorizing that Recipient to submit PAD requests. The Chexy Payment Account is provided by Chexy or Chexy's banking partner and may be subject to additional terms imposed by the banking partner.
Credit Card Funding of PADs. Chexy funds PAD debits against your Chexy Payment Account by charging your credit card on file. If Chexy is unable to successfully charge your credit card, Chexy may return the PAD request to the Recipient as "NSF" (non-sufficient funds). You acknowledge that your Recipient may impose fees or other consequences for returned PADs, and you are responsible for any such fees. For greater certainty, this Section 4.7(c) applies only where a credit card is used to fund the PAD. It does not apply to Mortgage Payments, which are funded by PAD in accordance with Section 4.15(b), or to any other Payment type that Chexy designates as EFT-funded on the Platform.
Unauthorized PADs. If Chexy receives a PAD request from a Recipient for whom you have not set up a recurring or one-time Payment, Chexy reserves the right to return such PAD request as "NSF" or otherwise reject it. Chexy is not responsible for Payments initiated by Recipients you have not designated.
PAD Amount Differences. If the PAD request received from a Recipient differs from the Payment Amount you have authorized, Chexy reserves the right to charge your credit card for the difference, in addition to applicable Chexy processing fees.
Timing of Credit Card Charge. If there is a difference between the PAD request date and the date you asked Chexy to make the funds available, Chexy may charge your credit card earlier to ensure the funds are available in time.
Waiver of Pre-Notification. To the extent permitted by the Payments Canada Rules and other applicable law, you waive any right to receive pre-notification of debits or credits to or from your Chexy Payment Account or your credit card in connection with Recurring Payments and PADs. If you are a Consumer User, you acknowledge that your PAD with Chexy is a Personal PAD. If you are a Business User, you acknowledge that your PAD with Chexy is a Business PAD. In either case, you confirm that you have been provided the opportunity to review the Payments Canada Rules applicable to your PAD category, available at www.payments.ca.
Notifications. You will receive an email notification seven (7) days before your scheduled Recurring Payment is processed. If a PAD Payment is returned, declined, or fails to complete, you will receive an email notification from Chexy.
You may revoke a Recurring Payment or PAD authorization in its entirety by providing thirty (30) days' prior written notice to Chexy. Separately, to stop or skip a single scheduled Payment without cancelling your overall authorization, it is your responsibility to disable that Payment a minimum of two (2) full Business Days before its scheduled Payment date. Notwithstanding the foregoing, if your Account is terminated, all authorizations under this section will be revoked effective immediately upon termination of your Account, and the thirty (30) day notice requirement will not apply.
Recourse Rights. You have certain recourse rights under the Payments Canada Rules if any PAD is not authorized by you or is not consistent with this Agreement. For example, you have the right to receive reimbursement for any PAD that is not authorized or is not consistent with this PAD Agreement. For more information on your recourse rights, contact your financial institution or visit www.payments.ca.
Failed Payments and Refund Requests. If a PAD or other Payment is returned, declined, or fails to complete, you must contact Chexy Customer Support to request a refund or to resolve the Payment issue. Chexy reserves the right to verify the Payment failure and your identity before processing any refund.
Secondary Credit Card. If Chexy is unable to complete a Recurring Payment using your primary credit card, Chexy will attempt to complete the Payment using the secondary credit card on file, if any.
Changes to PAD Service. You will be informed of any material changes to the PAD service and how these changes affect you.
4.8 No Reversals and No Refunds. Except as expressly provided in Section 4.15(k) (Refund for Unclaimed PAD), if your Payment is completed, you accept and agree that no refunds, cancellations or chargebacks are permitted through the Platform. Refunds are not processed automatically by Chexy for any payment method. 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 chargeback. You accept and agree not to request a refund, cancellation or chargeback of Service Fees from your credit card issuing bank, bank, financial institution or any other person.
Your Recipient 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 the Recipient and the amount will only be refunded to the Payment Method used for the original Payment. There are no refunds whatsoever twelve (12) months after the original payment transaction date.
4.9 Payment Limits. We may, at our sole discretion, impose limits on the Payment Amount you can send through our Services.
4.10 Insufficient Funds or Credit. NOTWITHSTANDING ANY OTHER PROVISION, CHEXY IS NOT RESPONSIBLE FOR THE PAYMENT OF ANY AMOUNTS TO A RECIPIENT (INCLUDING RENT, FEES, BILLS, TAXES, OR OTHER PAYMENTS): YOU ARE SOLELY RESPONSIBLE. ANY FAILURE IN RELATION TO MAKING A PAYMENT TO A RECIPIENT IS YOUR SOLE RESPONSIBILITY AND CHEXY IS NOT LIABLE, IN ANY WAY, FOR YOUR FAILURE OR INABILITY TO MAKE PAYMENTS TO A RECIPIENT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SITUATION WHERE YOU HAVE INSUFFICIENT FUNDS OR CREDIT AVAILABLE TO MAKE A PAYMENT TO A RECIPIENT AS A RESULT OF CHEXY CHARGING ANY APPLICABLE SERVICE FEE FOR YOUR USE OF THE SERVICES.
4.11 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.
4.12 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.
4.13 Relationship with Recipients and Limitation of Liability. Chexy provides a payment facilitation service that enables Users to make Payments to third-party Recipients such as Landlords, property managers, Mortgage Lenders, vendors, or contractors, using the Payment Methods and Payout Methods made available on the Platform.
Chexy’s contractual and service relationship exists solely with the User. Chexy does not have, and does not create, any contractual, agency, partnership, or fiduciary relationship with any Recipient. All obligations, goods, or services provided by a Recipient remain exclusively between the User and that Recipient.
When a User authorizes a payment through Chexy, Chexy’s responsibility is limited to securely processing and transmitting the funds to the designated Recipient using approved payment networks and processors. Once funds are successfully transmitted to the Recipient’s financial institution or payment account, Chexy has no ability, authority, or obligation to recall, reverse, or recover those funds, even if the User later disputes or is dissatisfied with the goods or services received.
Chexy is not responsible for the acts, omissions, or performance of any Recipient, including non-delivery, defective service, overcharging, or failure to refund. Any dispute, claim, or disagreement regarding the underlying goods or services must be resolved directly between the User and the Recipient, without involving Chexy.
For clarity, Chexy acts solely as a payment facilitator subject to applicable Canadian payments and anti-money laundering laws, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and, where applicable, the Retail Payment Activities Act (Canada). Chexy is not the merchant, supplier, or beneficiary of any Payment made through the Chexy Platform.
4.14 Circular Payments
Chexy’s services are intended exclusively for facilitating legitimate payments from Users to independent third-party Recipients, such as Landlords, property managers, Mortgage Lenders, vendors, or contractors. Payments made to oneself, to an account controlled by the User, or to an entity with which the User holds a direct financial or beneficial interest, commonly referred to as “circular payments” are strictly prohibited.
Circular payments violate the spirit and terms of Chexy’s platform, and may contravene Canadian Anti-Money Laundering and Anti-Terrorist Financing regulations, including but not limited to obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and FINTRAC guidelines. Chexy does not support or authorize transactions where the User and Recipient are the same individual or entity.
If Chexy determines, at its sole discretion, that a payment constitutes or is reasonably suspected to constitute a circular payment, Chexy may take corrective action without prior notice, including but not limited to: suspending or terminating the User’s Account, cancelling or withholding the transaction, and reporting the activity to appropriate regulatory authorities.
Chexy reserves the right to request additional documentation to verify the legitimacy of the Recipient. Failure to provide such documentation in a timely and satisfactory manner may result in permanent account restrictions.
Chexy’s role is limited to processing authorized payments between distinct and verified parties. Any misuse of the platform for self-directed transactions falls outside Chexy’s permitted use cases and releases Chexy from all liability related to such activity.
4.15 Mortgage Payments.
(a) Scope. Chexy offers Mortgage Payments as a Service through which a User may pay a Mortgage Lender designated by the User. Mortgage Payments are available to both Consumer Users and Business Users, subject to the eligibility and verification requirements of this Agreement.
(b) Funding. Notwithstanding any other provision of this Agreement, Mortgage Payments are funded exclusively by a pre-authorized debit (PAD) initiated by Chexy against a bank account in the User's name held at a Canadian financial institution. By setting up a Mortgage Payment, the User authorizes Chexy to debit that bank account for the Payment Amount and any associated Service Fees, in accordance with the applicable PAD Agreement (Personal or Business) and Payments Canada Rules. Credit cards, debit cards, and other Payment Methods are not available for funding Mortgage Payments. The bank account used to fund Mortgage Payments must satisfy the following requirements: (i) for Consumer Users, the bank account must be held in the same legal name as that on the User's Chexy Account, and where the bank account is held jointly, at least one of the account holders must match the name on the User's Chexy Account; and (ii) for Business Users, the bank account must be held solely in the legal name of the Business User as verified through Chexy's KYB process under Section 11.4, and joint accounts are not permitted. Chexy may, at its sole discretion, request documentation to verify that the names match, and may refuse to process, delay, hold prior to disbursement, or seek to recover any Mortgage Payment funded from a bank account that does not satisfy this requirement.
(c) Payout Method. Mortgage Payments are remitted to the Mortgage Lender by way of Pre-Authorized Debit (PAD). Upon enrolling in Mortgage Payments, Chexy will assign the User a Chexy Payment Account dedicated to that User for the purpose of receiving PAD requests initiated by the Mortgage Lender. The User is responsible for providing the Chexy Payment Account details to the Mortgage Lender and authorizing the Mortgage Lender to initiate PAD requests in accordance with Section 4.7 (Recurring Payments and Pre-Authorized Debit), which applies to Mortgage Payments with the necessary modifications. For greater certainty, Section 4.7(c) (Credit Card Funding of PADs) does not apply to Mortgage Payments; Chexy funds the PAD request initiated by the Mortgage Lender against the User's Chexy Payment Account from the PAD Chexy initiates against the User's bank account under Section 4.15(b).
(d) Timing. Chexy will initiate the PAD against the User's bank account in advance of the Scheduled PAD Date, and the User must ensure sufficient funds are available in the account no later than three (3) Business Days prior to the Scheduled PAD Date, to allow time for the debit to clear and the funds to be made available in the User's Chexy Payment Account.
(e) Service Fee. The Service Fee for Mortgage Payments is tiered based on the Payment Amount and will be communicated to the User on the Platform prior to the Payment being submitted to Chexy for acceptance. Sections 4.2 (Service Fee), 4.3 (Taxes), 4.8 (No Reversals and No Refunds), 4.10 (Insufficient Funds or Credit), and 4.11 (Declined Service Fees) apply to Mortgage Payments with the necessary modifications.
(f) User Representation. By submitting a Mortgage Payment, the User represents and warrants that (i) the Payment is being made in respect of a legitimate, bona fide mortgage obligation of the User; (ii) the Mortgage Lender designated by the User is the actual holder of, or authorized servicer for, that mortgage obligation; and (iii) the User is the borrower of record under the mortgage or is otherwise legally obligated to make payments under it. Chexy may, at its sole discretion, request documentation or information to verify the foregoing at any time, and may suspend or refuse to process Mortgage Payments pending receipt of such documentation.
(g) Circular Payments Prohibited. For greater certainty, Section 4.14 (Circular Payments) applies to Mortgage Payments. A User may not designate themselves, an entity they control, or any other person or entity with which the User has a direct financial or beneficial interest as a Mortgage Lender. Any such Payment is a prohibited circular payment and Chexy may take corrective action in accordance with Section 4.14.
(h) No Relationship with Mortgage Lender. Chexy has no contractual, agency, or other relationship with any Mortgage Lender. Section 4.13 (Relationship with Recipients and Limitation of Liability) applies to Mortgage Lenders, who are Recipients for all purposes of this Agreement. The User is solely responsible for the underlying mortgage obligation, including the amount, schedule, and terms of payment, and Chexy is not responsible for any dispute between the User and the Mortgage Lender.
(i) Recurring Mortgage Payments. Recurring Mortgage Payments may be set up in accordance with Section 4.7. The User remains responsible for ensuring that the Mortgage Lender's PAD requests align with the User's mortgage obligations and the schedule selected by the User.
(j) User Responsibility for Available Funds; NSF. The User is solely responsible for ensuring that sufficient funds are available in the User's bank account to satisfy each Mortgage Payment, including any associated Service Fees, on the date the PAD is initiated by Chexy. Chexy is not responsible for, and the User releases Chexy from any liability arising out of, any failure, delay, return, reversal, or non-completion of a Mortgage Payment or any related PAD request initiated by the Mortgage Lender resulting from non-sufficient funds (NSF), a closed or restricted bank account, a stop payment, or any other reason not attributable to Chexy's negligence or wilful misconduct. In the event of any such failure, the User remains solely responsible for (i) any NSF fees, late fees, interest, default charges, or other amounts assessed by the Mortgage Lender, the User's financial institution, or any other party; (ii) any fees charged by Chexy in respect of returned or failed Payments; and (iii) any consequences under the underlying mortgage, including any default or enforcement action by the Mortgage Lender. Chexy may, at its sole discretion, retry the EFT, return the PAD request to the Mortgage Lender as "NSF," suspend the User's access to Mortgage Payments, or take any other action Chexy deems appropriate.
(k) Refund for Unclaimed PAD. Notwithstanding Section 4.8 (No Reversals and No Refunds), if Chexy has received funds from a User for a Mortgage Payment and the designated Mortgage Lender does not initiate a Pre-Authorized Debit request against the User's Chexy Payment Account for those funds, Chexy will refund the Payment Amount to the User within a reasonable period of time following the Scheduled PAD Date, as determined by Chexy, subject to subsections (ii) and (iii) below. Chexy does not guarantee any specific timeframe for such refunds. (i) For purposes of this subsection, "Scheduled PAD Date" means the date on which the Mortgage Lender was scheduled to initiate the PAD request, as recorded by Chexy on the Platform. (ii) Extension or delay of refund. The timing of any refund may be extended, suspended, or paused by Chexy where: (A) Chexy is conducting an internal review of the Payment, the User's Account, or the Mortgage Lender, including for fraud, AML/ATF compliance, sanctions screening, or other compliance purposes; (B) the underlying PAD has been disputed, recalled, returned, reversed, or charged back by the User, the User's financial institution, or any other party, or is at risk of being so; (C) the Payment, the User's Account, or the funds are subject to a hold, freeze, investigation, legal process, or directive imposed by a regulator, law enforcement agency, court, financial institution, or other authority; (D) Chexy is required by applicable law, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), to delay, suspend, or refuse the refund; (E) the Mortgage Lender has indicated to Chexy that it intends to initiate the PAD request, or there is otherwise a reasonable basis to believe the PAD request will be initiated; or (F) the User has failed to provide information or documentation reasonably requested by Chexy in connection with the refund. Where a refund is delayed under this subsection (ii), Chexy will, where permitted by applicable law, notify the User. (iii) Conditions of refund. The refund will be issued to the bank account from which the PAD was originally funded, unless Chexy determines in its sole discretion that an alternative method is necessary. The Service Fee associated with the Mortgage Payment is non-refundable and will not be returned to the User, as it remains the User's responsibility to ensure that the Mortgage Lender initiates the PAD request to collect the funds. (iv) Scope. This subsection applies only where the Mortgage Lender has failed to initiate the PAD request and does not apply where the PAD was initiated but returned, declined, or failed for any reason attributable to the User, the User's financial institution, or insufficient funds. (v) User responsibility. It remains the User's responsibility to ensure the Mortgage Lender has the correct Chexy Payment Account details and is authorized to initiate PAD requests. Chexy is not responsible for any late fees, interest, default, or other consequences imposed by the Mortgage Lender as a result of the Mortgage Lender's failure to initiate a PAD request.
4.16 Safeguarding of End-User Funds.
(a) Safeguarding. Where Chexy holds funds received from you for the purpose of remitting a Payment to a Recipient (such funds, "End-User Funds"), Chexy safeguards those funds in accordance with applicable Canadian law, including the Retail Payment Activities Act (Canada) and its regulations. End-User Funds are held separately from Chexy's own corporate funds and are held, used, or transmitted solely for the purpose of completing the Payment you have authorized.
(b) Not a deposit; no CDIC coverage. End-User Funds held by Chexy are not a deposit, and your Chexy Payment Account and Chexy Wallet are not deposit accounts. End-User Funds are not insured by the Canada Deposit Insurance Corporation (CDIC), the Régie de l'assurance-dépôts du Québec, or any other deposit insurance scheme, and are not protected by any government compensation or guarantee fund. Chexy does not pay interest on End-User Funds.
(c) No banking relationship. Chexy is not a bank and does not carry on the business of accepting deposits. Chexy's holding of End-User Funds does not create a banking, deposit, trustee (except to the extent funds are held in trust as part of Chexy's safeguarding arrangements), or fiduciary relationship between you and Chexy, and is incidental to Chexy's role as a payment facilitator as described in Section 4.13.
(d) Insolvency. In the event of Chexy's insolvency, bankruptcy, or wind-down, End-User Funds that have been safeguarded in accordance with applicable law are intended to be treated separately from Chexy's general assets and applied toward completing or refunding your Payments, subject to applicable law and the rights of any party with a valid claim. Recovery of End-User Funds in such circumstances is not guaranteed and may be subject to delay.
(e) Disclosure of safeguarding methods. Information about how Chexy safeguards End-User Funds, including that such funds are held in one or more segregated trust accounts at a Canadian financial institution and/or are subject to an insurance or guarantee arrangement, is available on request by contacting Chexy at [email protected].
5. Your Conduct
5.1 Conduct. In connection with your use of our Platform and our Services, you agree to:
use the Services exclusively for the remittance of Payments to eligible Recipients, including rent, mortgage payments, bills, taxes, and other Payments approved by Chexy from time to time;
if you are a Consumer User making rent Payments, authorize the sending of your rental payment information to approved credit reporting agencies as applicable;
comply in all respects with this Agreement and any other agreements that you have entered into with us;
comply with all applicable federal, provincial, and local laws and regulations;
not register multiple Chexy accounts without our prior written consent;
not infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
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;
not make Payments using the Services to provide yourself or any other person with a credit card cash advance;
respond in a reasonable and timely fashion to our communications;
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;
not use any robot, spider, other automatic device or manual process to monitor or copy our Platform without our prior written consent;
not use any device, software or routine to bypass our robot exclusion headers or to interfere, or attempt to interfere, with our Platform or our Services; and
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 Platform to websites or applications 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 or applications. We are not responsible for any losses realized by you or claims made against you relating to your use of such other websites or applications.
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'), Quebec's Act respecting the protection of personal information in the private sector, and other relevant Canadian laws. Access to your personal information is governed by the terms of our Privacy Policy, which is deemed an integral part of these Terms of Use. Please review the Privacy Policy at the following link: 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 Platform, 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.
NOTHING IN THIS SECTION 9.2 LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING APPLICABLE CONSUMER PROTECTION LEGISLATION IN THE USER’S PROVINCE OF RESIDENCE. TO THE EXTENT ANY LIMITATION OR EXCLUSION IN THIS SECTION 9.2 IS FOUND TO BE UNENFORCEABLE AGAINST A CONSUMER USER, THAT LIMITATION OR EXCLUSION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND THE REMAINDER OF THIS SECTION 9.2 SHALL CONTINUE IN FULL FORCE AND EFFECT.
9.3 Warranty Disclaimer. CHEXY’S SERVICES (AND ANY ASSOCIATED THIRD-PARTY CONTENT OR SOFTWARE) ARE 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.
Informal Resolution. Before initiating any formal dispute resolution process, you agree to first contact Chexy at [email protected] with a detailed description of your concern and to allow Chexy a reasonable opportunity (not less than thirty (30) days) to resolve the matter informally.
Small Claims Court. Notwithstanding any other provision of this Section 9.4, either party may bring an individual action in small claims court in the province where the User resides, provided the claim falls within the monetary jurisdictional limits of that court. Nothing in these Terms is intended to limit a Consumer User's right to bring a claim under applicable consumer protection legislation, including the Consumer Protection Act (Quebec), the Consumer Protection Act (Ontario), or similar legislation in the User's province of residence.
Arbitration. Except as otherwise provided in Section 9.4(b), and subject to applicable law, any dispute, controversy, or claim between Chexy and you arising out of or relating to these Terms or your use of the Services that cannot be resolved informally shall be referred to and finally resolved by binding arbitration. The arbitration shall be:
(i) administered under the Rules of the ADR Institute of Canada Inc. ;
(ii) conducted in the city of Toronto, Ontario, or by videoconference if both parties agree;
(iii) conducted by a single arbitrator appointed in accordance with those Rules, or if the parties agree, by a mutually selected arbitrator; and
(iv) conducted in English, unless both parties agree to conduct it in French.
Arbitration Costs. For Consumer Users, Chexy will pay all administrative and arbitrator fees associated with the arbitration, except where the arbitrator determines that the User's claim is frivolous or was brought for an improper purpose. Each party is responsible for its own legal fees, unless the arbitrator awards otherwise under applicable law. For Business Users, the costs of arbitration shall be borne as determined by the arbitrator.
Class Action Waiver. To the maximum extent permitted by applicable law, you and Chexy agree that any dispute will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator shall have no authority to consolidate claims, conduct a class arbitration, or award relief on behalf of any person other than the named parties. This waiver does not apply to the extent that applicable consumer protection legislation prohibits its enforcement against a Consumer User.
Confidentiality. The parties agree that the arbitration proceedings, including all submissions, hearings, and the arbitrator's award, shall be kept confidential, except to the extent disclosure is required by law or to enforce the arbitrator's award.
Severability of this Section. If any part of this Section 9.4 is found to be invalid or unenforceable, the remainder shall continue to apply. If Section 9.4(e) (Class Action Waiver) is found unenforceable with respect to a particular claim, the claim shall be decided in court rather than by arbitration.
10. Term and Termination
10.1 Term. These Terms shall remain in full force and effect while you use the Services. Certain provisions of these Terms shall survive termination in accordance with Section 13.13 (Survival).
10.2 Suspension and Termination.
Termination by Chexy. Chexy may, at its sole discretion and without prior notice, suspend, restrict, or terminate your Account or access to the Platform if: (i) Chexy is unable to verify your identity; (ii) Chexy reasonably suspects fraudulent, illegal, or prohibited activity; (iii) you breach these Terms; (iv) Chexy is required to do so to comply with applicable law or a request from a regulator, law enforcement, or court order; or (v) for any other reason Chexy considers necessary to protect the Platform, its Users, or Chexy.
Termination by You. You may terminate your Account at any time by either (i) deleting your Account through the Account settings on the Platform, or (ii) contacting Chexy Customer Support at [email protected] to request Account closure. Termination will be effective immediately upon successful deletion of your Account.
If you request Account closure by email rather than deleting your Account yourself, you are responsible for cancelling any scheduled Recurring Payments before submitting your request. Any Recurring Payment that is processed between the time of your request and the time your Account is successfully deleted remains your responsibility, and Chexy has no obligation to reverse such Payment.
Upon successful deletion of your Account:
Any Payments currently in transit will be completed, and any refunds in progress will continue to be processed;
Any Recurring Payments not yet in transit will be cancelled; and
Any Chexy Cash balance will be handled in accordance with Section 4.5 (Chexy Wallet and Chexy Cash).
You remain responsible for any Service Fees, outstanding amounts, or other obligations accrued prior to termination.
Request for Reasons. Notwithstanding Chexy’s right to suspend, restrict, or terminate access to the Services, you may submit a written request for the reasons your access was suspended or terminated to [email protected]. Chexy will respond to such requests where permitted by law, provided that Chexy may be prohibited by applicable law from disclosing the reasons for suspension or termination, including in cases involving suspected money laundering, terrorist financing, or other compliance-related matters.
No Liability for Termination. You agree that Chexy is not liable to you or any third party for any suspension, restriction, or termination of your access to the Services, provided that such action is taken in accordance with these Terms and applicable law.
Record Retention. Following termination of your Account, Chexy will retain your information and transaction records for a minimum of five (5) years, or for such longer period as required by applicable law, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and related regulations.
Effect of Termination. Upon termination of your Account, your right to use the Services will immediately cease. The provisions of these Terms that are intended to survive termination shall survive in accordance with Section 13.13 (Survival).
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. Business User Terms
11.1 Application. This Section 11 applies only to Business Users and supplements the other provisions of these Terms. In the event of any conflict between this Section 11 and other provisions of these Terms, this Section 11 shall prevail with respect to Business Users.
11.2 Authority to Bind. If you open an Account or use the Services on behalf of a Business User, you represent and warrant that you are the sole proprietor, an owner, director, or senior officer of the Business User (the “Authorized Individual”), and that you have full legal authority to bind the Business User to these Terms. Your acceptance of these Terms constitutes acceptance by the Business User. The Authorized Individual is jointly and severally responsible with the Business User for all obligations under these Terms, including in the event that the Authorized Individual lacked the authority they represented.
11.3 Business Eligibility. To be eligible to open a Business Account, the Business User must: (a) be a corporation, partnership, sole proprietorship, or other legal entity duly formed, registered and in good standing under the laws of Canada or a province or territory of Canada; (b) have a valid business number and, if applicable, a registered Canadian address; (c) have all necessary corporate or organizational authority to enter into these Terms; and (d) be represented by an Authorized Individual who has completed Chexy’s KYC process.
11.4 Business Verification (KYB). In addition to the KYC requirements in Section 2.4, Business Users must complete Chexy’s business verification process (“KYB”). The Business User agrees to provide accurate, current, and complete information and documentation required for KYB, including without limitation: (a) legal name, business number, and jurisdiction of registration; (b) registered and operating addresses; (c) nature of the business and industry; (d) articles of incorporation, partnership agreement, or other formation documents; (e) names and identifying information of directors and senior officers; (f) identification and verification of Beneficial Owners; (g) source of funds; and (h) any other information or documentation Chexy reasonably requires. Chexy may use third-party service providers to conduct KYB, and by providing information, the Business User consents to such verification.
11.5 Beneficial Ownership. The Business User agrees to disclose to Chexy all Beneficial Owners of the Business User and to provide the information and documentation Chexy requires to verify their identity. The Business User will promptly notify Chexy of any changes to its Beneficial Ownership. If Chexy is unable to identify or verify any Beneficial Owner, Chexy may refuse to open the Account, restrict access to the Services, or terminate the Account.
11.6 Ongoing Business Obligations. The Business User agrees to notify Chexy promptly of any material changes to the information provided during KYB, including changes to: (a) the Business User’s legal name, registration, or jurisdiction; (b) registered or operating addresses; (c) directors, senior officers, or the Authorized Individual; (d) Beneficial Ownership; (e) nature of the business or industry; and (f) any other information that may be material to Chexy’s compliance obligations. Chexy may require the Business User to periodically re-verify its information or provide updated documentation.
11.7 Business User is Not a Consumer. The Business User acknowledges and agrees that it is not a “consumer” under applicable consumer protection legislation, including the Consumer Protection Act (Ontario), the Consumer Protection Act (Quebec), the Business Practices and Consumer Protection Act (British Columbia), and similar legislation in other provinces and territories. The rights, remedies, and protections available to consumers under such legislation do not apply to Business Users.
11.8 Business User Representations. The Business User represents and warrants, on an ongoing basis, that: (a) it is duly formed, registered, and in good standing under the laws of its jurisdiction; (b) it has full power and authority to enter into and perform its obligations under these Terms; (c) its use of the Services complies with all laws applicable to its business, including tax, employment, privacy, and industry-specific laws; (d) it is not the subject of any sanctions, enforcement action, or insolvency proceeding that would restrict its ability to use the Services; and (e) all information provided to Chexy, including during KYB, is accurate, current, and complete.
11.9 Account Use and Responsibility. The Business Account is tied to a single Authorized Individual. The Business User is responsible for ensuring that: (a) the Authorized Individual continues to have authority to act on the Business User’s behalf; (b) access credentials are kept confidential and are not shared with unauthorized persons; and (c) Chexy is notified immediately if the Authorized Individual is no longer authorized or no longer associated with the Business User. The Business User remains fully responsible for all activity on the Account, including activity conducted by the Authorized Individual, regardless of whether such activity was authorized internally by the Business User.
11.10 Risk-Based Refusal and Enhanced Monitoring. Chexy reserves the right, at its sole discretion, to refuse to open a Business Account, restrict access to the Services, or terminate a Business Account based on Chexy’s assessment of risk, including risks related to the Business User’s industry, operations, ownership, jurisdiction, or transaction patterns. Business Users may be subject to enhanced transaction monitoring, additional information requests, and more frequent re-verification than Consumer Users, consistent with applicable Anti-Money Laundering and Anti-Terrorist Financing regulations.
11.11 Taxes. The Business User is responsible for determining and satisfying all tax obligations arising from its use of the Services, including the collection, reporting, and remittance of any applicable Goods and Services Tax (GST), Harmonized Sales Tax (HST), Provincial Sales Tax (PST), Quebec Sales Tax (QST), or other taxes. The Business User agrees to provide any tax-related information Chexy reasonably requires, including business numbers and GST/HST registration numbers. Chexy is not responsible for determining the Business User’s tax obligations or for the Business User’s tax compliance.
11.12 Business User Indemnification. In addition to the indemnification obligations in Section 9.1, the Business User agrees to indemnify, defend, and hold harmless the Indemnified Parties from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) the Business User’s or the Authorized Individual’s use of the Platform or Services; (b) any breach of these Terms by the Business User or the Authorized Individual; (c) any transaction conducted through the Business Account; (d) any violation of applicable law by the Business User; (e) any dispute between the Business User and a Recipient, employee, shareholder, or other third party; and (f) any misrepresentation regarding the Authorized Individual’s authority to bind the Business User.
11.13 Change of Control. The Business User agrees to notify Chexy within thirty (30) days of any: (a) change in Beneficial Ownership involving a transfer of twenty-five percent (25%) or more of ownership or control; (b) change in directors or senior officers; (c) merger, acquisition, reorganization, or other change of control; or (d) sale of all or substantially all of the Business User’s assets. Upon receiving such notice, Chexy may, at its sole discretion, (i) require updated KYB information and documentation, (ii) re-verify the Business User or any Beneficial Owner, (iii) restrict access to the Services pending completion of re-verification, or (iv) terminate the Business Account if continued service is inconsistent with Chexy’s compliance obligations or risk assessment.
11.14 Notices to Business Users. Notices delivered by Chexy to the email address or contact information of the Authorized Individual, or through the Platform, shall be deemed delivered to the Business User. The Business User is responsible for ensuring that its contact information on the Platform remains current and that the Authorized Individual is able to receive notices on the Business User’s behalf.
11.15 Custom-Enterprise Fees and Retroactive Adjustments.
Custom-Enterprise Pricing. Chexy may, from time to time and at its sole discretion, offer a Business User a reduced Service Fee rate (a "Preferred Rate") that is conditional on the Business User meeting one or more transaction volume thresholds (each, a "Volume Threshold") over a specified measurement period. The applicable Preferred Rate, Volume Threshold, and measurement period will be communicated to the Business User in writing (which may include by email or through the Platform) and are specific to each Business User. Unless otherwise agreed in writing, the Preferred Rate applies on a provisional basis during the measurement period, subject to the Business User actually meeting the applicable Volume Threshold.
Retroactive Fee Adjustment. If, at the end of a measurement period, Chexy determines that the Business User did not meet the applicable Volume Threshold, the Business User agrees that Chexy may retroactively recalculate the Service Fees for the Payments processed during that measurement period at Chexy's standard Service Fee rate (or such other rate as would have applied absent the Preferred Rate), and charge the Business User the difference between the Service Fees actually paid and the Service Fees that would have been payable at the applicable rate (the "Fee Adjustment").
Authorization to Charge. The Business User hereby authorizes Chexy to charge the Fee Adjustment to the credit card or other Payment Method on file for the Business Account, without further authorization or notice beyond that provided under subsection (d). If Chexy is unable to charge the Payment Method on file, the Fee Adjustment will be treated as an outstanding amount owing under Section 4.11 (Declined Service Fees), and Chexy may exercise any of its rights under these Terms in respect of unpaid amounts, including suspending the Business Account or referring the matter to a third-party collections agency.
Notice. Chexy will provide the Business User with written notice of any Fee Adjustment at least ten (10) Business Days before charging the Payment Method on file, including a summary of the applicable measurement period, the Volume Threshold that was not met, and the calculation of the Fee Adjustment. The notice will be delivered in accordance with Section 11.14 (Notices to Business Users).
Disputes. If the Business User disputes a Fee Adjustment, the Business User must notify Chexy in writing at [email protected] within fifteen (15) days of receiving the notice under subsection (d), setting out the basis for the dispute. The parties will work in good faith to resolve the dispute, failing which the matter will be handled in accordance with Section 9.4 (Dispute Resolution). Submitting a dispute does not, on its own, suspend Chexy's right to charge the Fee Adjustment.
No Waiver. Chexy's decision not to apply a Fee Adjustment in any particular instance does not waive its right to apply a Fee Adjustment in any other instance or measurement period.
12. Support
12.1 Contact. If you have any questions about these Terms, your Account, or your use of the Platform, you can contact us at [email protected].
12.2 Support Channels. We provide customer support primarily through email. We may, from time to time, offer additional support channels, including in-app messaging or other methods, as indicated on the Platform. Support is generally available during our regular business hours, Monday through Friday, excluding Canadian statutory holidays.
12.3 Response Times. We endeavour to respond to support inquiries in a timely manner, but we do not guarantee specific response times. Response times may vary depending on the nature and complexity of your inquiry and the volume of requests received.
12.4 Language. Support is provided in English and French.
12.5 Complaints. If you wish to file a complaint regarding the Platform or our services, please email us at [email protected] with the subject line “Complaint” and a detailed description of your concern. For disputes or matters subject to the formal dispute resolution process under Section 9.4, please contact us at [email protected] as required by that section.
12.6 Regulatory Complaints. If you are not satisfied with our handling of your complaint, you may have the right to escalate it to a relevant regulatory authority, including the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) or other applicable Canadian regulators, depending on the nature of your concern.
13. Miscellaneous
13.1 Currency. Unless otherwise specified, all dollar amounts referred to in this Agreement are expressed in Canadian dollars.
13.2 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 Users and Chexy.
13.3 Third-Party Providers. Chexy may use one or more third-party service providers in the course of providing the 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.
13.4 Features and Functionality. You understand that the Services may change over time as Chexy refines and adds more features or Content. Chexy reserves the right to update, modify, or discontinue the features, functionality, Content or other aspects of the Services, including any and all perks, contests and promotions, at any time, with or without notice, in its 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. Chexy does not guarantee the availability of the Services or any of the perks or other benefits contained therein, and they are all subject to change at any time without notice.
13.5 Changes to Terms. Chexy may amend, modify, or update these Terms from time to time at its sole discretion. If we make material changes to these Terms, we will provide notice through the Platform, by email to the address associated with your Account, or by other reasonable means. The updated Terms will be effective on the date stated in the notice, which will not be earlier than thirty (30) days after the notice is provided, unless a shorter period is required by law or by a regulatory authority. By continuing to access or use the Platform after the effective date of the updated Terms, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and terminate your Account in accordance with Section 10.
13.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes and replaces any previous or contemporaneous agreements and discussions between the parties.
13.7 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.
13.8 Governing Law and Jurisdiction. These Terms and any dispute arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws principles. Subject to Section 9.4 (Dispute Resolution), the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario for any matter not subject to arbitration.
13.9 Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.
13.10 Assignment. You may not assign, transfer, or delegate any of your rights or obligations under these Terms, in whole or in part, without Chexy’s prior written consent. Any attempted assignment in violation of this section is void. Chexy may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, at any time and without notice, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Chexy’s assets.
13.11 Waiver. No failure or delay by Chexy in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise preclude any other or further exercise. Any waiver by Chexy must be in writing and signed by an authorized representative of Chexy to be effective.
13.12 Force Majeure. Chexy shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by a Force Majeure event. If a Force Majeure event prevents Chexy from performing its obligations for more than thirty (30) consecutive days, either party may terminate these Terms with written notice to the other party, without liability.
13.13 Survival. The provisions of these Terms that, by their nature, should survive termination or expiration shall survive, including without limitation provisions relating to definitions, intellectual property, indemnification, limitations of liability, warranty disclaimers, dispute resolution, governing law, notices, and any payment obligations that have accrued prior to termination.
13.14 Headings. The headings and section titles used in these Terms are for convenience of reference only and shall not be used to interpret or construe any provision of these Terms.
13.15 Electronic Acceptance. You agree that your acceptance of these Terms by electronic means, including by clicking “I agree,” checking an acceptance box or otherwise indicating your assent through the Platform, constitutes a legally binding agreement and has the same legal effect as a handwritten signature.
13.16 Notices. In order to be effective, notice pursuant to this Agreement must be given as follows:
(a) Notices to you may be delivered by (i) email to the address associated with your Account, (ii) in-app notification or message through the Platform, or (iii) posting on our Platform. Notices will be deemed received on the date sent (for email and in-app notifications) or the date posted (for Platform notices).
(b) Notices to us must be delivered by email to compliance@chexy. co and will be deemed received three (3) Business Days after being sent.
(c) Change of address. You are responsible for keeping your contact information current in your Account. We may update our notice address by posting the change on our Platform or providing notice through the Platform.
