User Agreement

1. What This Agreement Covers and Why You Should Read It

Before using the services of this website, please carefully read and fully understand each clause of this Agreement. This Agreement clarifies the rights and obligations between you and this website. By using this website, you agree to abide by the terms of this Agreement.

This website provides services in accordance with this Agreement. This website has the right to formulate and modify this Agreement from time to time as necessary. Once changes are made to the Agreement, this website will notify the changes through website announcements. If you do not agree with the relevant changes, you should take the initiative to stop using the services of this website. If you continue to use the services of this website, it shall be deemed as acceptance of the changes to the terms of service.

Some capitalized terms have specific definitions in this Agreement. The underlined words in this Agreement contain hyperlinks to additional information.

We recommend that you print a copy of this Agreement for future reference. You can always view the most current version on our Website.

This Agreement refers to the following additional documents, which also apply to your use of our Services:

Our Privacy Policy, which lays out the terms under which we handle any personal information gathered about or submitted by you when using our Services. By accessing our Services, you agree to such gathering, usage, disclosure and handling of your data, and confirm the accuracy of the data you provide.

Our Cookie Policy, which presents details regarding the cookies utilized on our Website.

Our Acceptable Use Policy, which outlines the allowed and prohibited uses of our Services.

2. NYPOPO APPs

We grant you a license to use the App subject to this Agreement and the relevant rules set forth by app stores such as the App Store and Google Play ("App Store Rules"). We do not sell the App to you; we retain ownership of it.

The app stores may periodically push App updates. Depending on the update content, you may not be able to use our services through the App if you do not download the latest version of the App and accept the new terms of service.

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable license to use the App solely in accordance with this Agreement and the App Store Rules. We reserve all other rights.

3. User Qualification Requirements

To use our Platform and Services, individual users must be of legal adult age in their respective jurisdictions, which is typically 18 years or older in most countries. By creating an account on our Platform, you represent and warrant that you meet the minimum age requirement. We reserve the right to request age verification documents at any time.

For non-individual users, such as businesses and organizations, you represent and warrant that you have full authority to bind the entity on behalf of which you are using our Platform and Services. Such entity shall be solely responsible for ensuring compliance with these Terms.

You may only open an account and use our Services if it is permitted under the laws and regulations applicable in your country of residence or incorporation. By accessing our Platform and Services, you represent and warrant that your use does not violate any such laws or regulations. You shall be solely responsible for any consequences arising from your breach of this Agreement.

4. Account Registration and Usage

To access NYPOPO Platform Services, you must first create a NYPOPO account by providing your registration details. During the account creation process, you are required to accept the NYPOPO User Agreement.

For compliance reasons, all information you submit during NYPOPO registration or at any time thereafter must be current, accurate, and truthful. You must promptly update any changes to your NYPOPO account information. NYPOPO reserves the right to deny or withdraw its Services to any user for any reason.

All activities associated with a NYPOPO account shall be deemed to be conducted by the registered NYPOPO account owner. You shall only use your NYPOPO account for your own use, not for any third party.

Unless explicitly authorized by NYPOPO, each user is only allowed to register one NYPOPO account on the Platform. NYPOPO prohibits the creation of duplicate NYPOPO accounts for the same user. If NYPOPO detects duplicate accounts, it may terminate or consolidate them without prior notice.

5. User Identity Verification

You acknowledge that we are legally obligated to perform necessary security and due diligence checks on all users to provide our Platform Services. To verify your identity and process your transactions, you may be required to provide additional information as necessary for us to satisfy our compliance procedures. We reserve the right to validate any information you submit by appropriate means, including checking commercial databases or credit reports. You authorize us to periodically obtain your credit report(s) in order to open, maintain, or renew your account on our Platform, or to investigate disputes relating to this User Agreement and account activities.

6. Maintaining Account Information

You must keep your account information on our Platform current and accurate at all times. We shall not be liable for any damages resulting from outdated or incorrect account information. We reserve the right to request confirmation or evidence of your account information as needed.

We may contact you via email or other methods to provide notices concerning your account and our Services. It is your responsibility to monitor your email and communications channels to ensure you do not miss any important updates. We shall not be liable for any consequences that arise from missed communications due to your failure to do so.

7. Data Ownership and control rights

You shall take reasonable measures to keep your account credentials and access secure. This includes using strong passwords, keeping passwords private, and regularly changing passwords. Never share your account login details with anyone.

Enable security features on your devices and web browsers for additional protection. Avoid auto-filling of passwords or other cached login methods. Monitor your account closely and report any suspicious activities immediately.

Although we may contact you concerning account security, we will never ask for your password or sensitive credentials. Beware of phishing attempts aiming to trick you into revealing security information.

You are responsible for all transactions made under your account access. Notify us promptly about any unauthorized activities so we can take timely actions to secure your account. Delayed reporting of compromised access may impact account security and make you financially responsible.

For risk concerns, we may restrict account access pending further verification. With your cooperation, we aim to keep all accounts safe and secure.

To maintain a secure platform, we may restrict certain account functionalities if we detect potential security risks, including:

1.Suspicious activities that may compromise your account security.

2.Unauthorized access attempts or fraudulent transactions associated with your account.

We will inform you of such account restrictions as soon as feasible, unless notification is prohibited by law or could jeopardize reasonable security precautions. The restrictions will be removed once the security risks are addressed.

You will be responsible for any unauthorized transactions resulting from fraudulent actions or gross negligence in properly using your account according to our terms. This includes intentional misuse and failure to take reasonable security measures.

8. Sending Money Abroad with NYPOPO

Creating a Transfer Order

To send money abroad, you need to create a transfer order through your NYPOPO account online. A transfer order specifies:

- Recipient's full name

- Recipient's account details

- Transfer amount

- Payment method

You can choose to send a fixed source currency amount or a fixed recipient currency amount. For certain currencies, we only support fixed source amounts.

The maximum amount allowed per transfer order is subject to change based on regulations. Please follow the order limit shown on the order creation page when submitting transfers, as this will reflect the most up-to-date policy limit. We strive to keep our online order pages up-to-date with the latest allowable transfer limits. It is your responsibility to ensure your order amount falls within the currently posted limit to avoid order rejection. If you have any questions about the displayed transfer limit, please contact us before creating your order.

Once submitted, you'll receive a confirmation email with a unique transaction code for tracking. Provide this code if you need to inquire about a particular transfer.

Orders received after 5pm or on non-business days will be processed on the next business day.

Funding and Processing Orders

We process orders once we receive cleared funds from you, including fees. It is your responsibility to fund transfers promptly.

We perform required compliance checks which may delay processing. We cannot be responsible for any delays caused by these checks.

When you submit an order, we provide estimated delivery timelines. You can also check our FAQ for typical timelines by currency. We make reasonable efforts to adhere to these timelines, but we cannot control when the recipient bank will credit the funds to the recipient's account.

Canceling or Rejecting Orders

We may reject orders if unable to process and notify you where possible. However, for legal reasons, we may not always be able to notify you.

You may cancel orders if the source currency has not yet been exchanged. Please refer to our FAQ for instructions on how to cancel orders properly.

Liability for Incorrect Information

You are responsible for providing accurate recipient details. If we process an order based on the details you provide, we have fulfilled our obligation, even if there are errors on your part.

If you provide incorrect information leading to issues, we will make reasonable efforts to trace funds but may charge a service fee.

Funding Your Transfers

You must fund transfers using a payment method held in your own name. To prevent fraud, we will not accept payments from third-party sources.

9. Exchange Rates and Fees

Exchange Rate Quotes

Due to exchange rate fluctuations, rates displayed on different platforms may vary.

Our rates are sourced from authoritative market data sources. However, to avoid disputes, the exchange rate applied will be the rate shown when you create your transfer order on our platform. This is the final rate, regardless of any market rate fluctuations after order creation.

We cannot honor any rate seen on third-party sites or estimated previously. The rate shown during order creation on our platform is the only valid, final rate.

Rate Fluctuations

Exchange rates can fluctuate frequently. The rate applied will be the current rate at the time we process your order, which may differ from the estimate provided during order creation.

We source competitive exchange rates but do not guarantee any specific rate, estimated or otherwise. Rates may vary at any time due to market fluctuations outside of our control.

Service Fees

In addition to the exchange rate, we charge a transparent service fee on each transfer order as indicated during the order process. Applicable fees will be deducted from your sent funds.

The fee estimate provided during order creation may differ slightly from the final fee applied at execution time due to rate fluctuations. You can view our pricing page for current fee rates by currency pair.

Fees must be fully funded just like the transfer amount. We will not process orders with insufficient fees.

10. Intellectual Property

The NYPOPO website, mobile apps, APIs, documentation, and all other related materials are the intellectual property of NYPOPO.

When using our services, you may access and utilize our proprietary software, content, tools, and documentation as permitted through our platforms and as necessary to facilitate your transactions.

However, you may not:

- Resell, distribute, sub-license, modify, or create derivative versions of any NYPOPO software, content, or materials.

- Remove or alter any NYPOPO trademarks or copyright notices.

- Reverse engineer, decompile, disassemble, or access the underlying source code of any NYPOPO software or systems.

- Apply any other process to derive the source code of proprietary NYPOPO software.

The NYPOPO name, logo, trademarks, content, and materials remain the sole property of NYPOPO. Use of our services does not grant users any ownership or license over NYPOPO intellectual property, beyond permission to utilize it for authorized purposes only.

11. Limitation of Liability

We strive to provide reliable and secure services. However, we cannot guarantee against all possible risks or take full responsibility for issues outside our control.

Service Disruptions

We are not liable for service disruptions or delays caused by technical failures, cyber attacks, or other events beyond our control. We agree to make reasonable efforts to restore service availability quickly in such cases.

Unauthorized Access

We take precautions to keep your account secure. But you share responsibility for protecting your login credentials and reporting suspicious activity. We are not liable for losses due to unauthorized access if you did not take reasonable security precautions.

Inaccurate Transactions

If we make an error resulting in an incorrect funds transfer, we will attempt to rectify the payment. But we are not liable for losses resulting from inaccurate recipient details you provided.

Third-Party Services

We may provide links to third-party websites, but we are not responsible for their availability, content, or associated risks. Use caution when accessing other sites.

Prohibited Use

You agree to access our services only for legal personal use. We are not liable for any business or commercial losses. Do not use our services fraudulently, illegally, or with negligent security practices.

Indemnification

You agree to indemnify NYPOPO for any legal costs or damages arising from your violation of this Agreement or misuse of our services.

Debt Collection

If you owe outstanding debt to us, we may recover it from any funds available in your NYPOPO account or through legal debt collection means. You agree to reimburse NYPOPO for reasonable costs of collecting owed amounts.

12. Availability of Services

We aim to provide continuous and reliable access to our services. However, we cannot guarantee uninterrupted availability, as technical issues or other disruptions may arise occasionally.

We reserve the right to suspend, discontinue or modify part or all of our services at any time without prior notice. We will not be liable for any losses or inconveniences caused by service unavailability.

As a user, you are responsible for ensuring you have the necessary means and arrangements in place to access our services when needed. This includes having appropriate internet connectivity, updated software versions, and backup options in case of potential disruptions.

While we strive to minimize downtime and provide advance notice where possible, please be prepared for occasional outages or changes to our services beyond our control. We appreciate your understanding as we work to enhance reliability and deliver the best possible user experience.

13. User Security Precautions

You are responsible for implementing adequate security measures when accessing our services, including using antivirus software and keeping your systems updated. We cannot guarantee that our services will be free of technical flaws or vulnerabilities.

You agree not to intentionally transmit viruses, malware, or other harmful code through our services. You will not attempt to gain unauthorized access to our systems or data. Such actions would be considered a violation of cybercrime law.

Any confirmed malicious cyber attacks on our services will result in immediate suspension of your account. We reserve the right to report such activities to legal authorities and provide relevant user data to support investigations.

Please take precautions to secure your own systems. Avoid actions that seek to exploit technical flaws or compromise our security protections. We aim to provide a trustworthy environment for all our users.

14. Account Termination

We reserve the right to terminate your account or any associated services at any time, without prior notice or stating a reason. If you wish to voluntarily close your account, you may do so by contacting our customer support.

We may immediately suspend or terminate your account if:

- You violate this Agreement or any related policies.

- We have reason to believe you have violated applicable laws or regulations.

- We receive a valid legal request from authorities to do so.

- We suspect fraudulent activities or security risks associated with your account.

We may also temporarily suspend your account if we detect suspicious activities that suggest unauthorized access or fraudulent use. In such cases, we will attempt to notify you promptly of any suspensions, unless prohibited by law or for security reasons.

Upon closure of your account for any reason, all privileges granted to you through our services will be revoked. You must immediately uninstall our app and cease using our services.

15. About Communication

We primarily communicate with users via email. To receive important notices, you must maintain at least one valid email address in your account profile. Please check your email regularly for updates regarding transactions, services, and other relevant information. We are not responsible for any consequences resulting from missed emails from us.

Emails sent before 5 PM on business days are considered received on that same day. Emails sent after 5 PM or on weekends/holidays will be considered received on the next business day.

When regulations require us to provide durable information, we will send emails with attachments or links to website content that can be retained. Please keep copies of all communications from us for future reference.

If you require a copy of this Agreement or other documents, please contact Customer Support.

This Agreement is made in English. Translations in other languages are provided for convenience only. The English version is the official and authoritative text.

16. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States. Any dispute arising out of or relating to this Agreement or your account shall be submitted to the exclusive jurisdiction of the state and federal courts located in California.

You may have additional statutory rights under the laws of your jurisdiction. However, to the extent permitted by applicable law, the terms of this Agreement shall prevail over those statutory rights, and this Agreement shall be governed solely by the laws of California and the United States.

The parties agree to submit to the personal jurisdiction of the courts located in California for the purpose of litigating all claims or disputes arising out of or relating to this Agreement. The parties hereby waive any objections to venue or inconvenient forum.

17. Additional Provisions

This Agreement is exclusively between you and us. No third party shall have any right to enforce its terms. Neither party requires permission from any other person to modify or terminate this Agreement.

You may not assign, transfer, or delegate your rights or obligations under this Agreement without our prior written consent. We reserve the right to transfer, assign, or delegate this Agreement or any rights or obligations arising under it at any time without notice.

If any provision of this Agreement is deemed invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect.

If we delay in enforcing any of the terms of this Agreement, such delay shall not constitute a waiver of our right to enforce those terms in the future.

This Agreement supersedes all previous agreements between you and us concerning its subject matter.

This Agreement shall be governed by the laws of California and the United States, as further detailed in the Governing Law and Dispute Resolution section.

18. Definitions of Key Terms

"App" refers to our mobile application software and related data, media, and content.

"Business Day" means any day except Saturday, Sunday, or a public holiday in California when banks are open for business.

"Services" means all products, services, content, features, technologies, and functions offered by us on our websites, apps, and related platforms.

"Source Currency" means the currency you use to fund or hold in your account for transactions.

"Target Currency" means the currency that the recipient will receive in a transaction.

"US Business Day" means any day except Saturdays, Sundays, federal holidays, or California state holidays when our offices are open.

"Website" includes, but is not limited to, our website www.poposaas.com and any other URLs where we provide our services.