This is an agreement between Xuno Inc., a Company incorporated under the law of State of Delaware, United States of America (“Company/We/Us/Our”) which expression shall, unless repugnant to the context thereof, include, its successors and permitted assigns), the owner and operator of the “Xuno Inc” service and related website, software and application (the “Platform”) and you (“you”, “your”, “user”), a user of the Platform.

BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY, AS UPDATED FROM TIME TO TIME, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose not to agree with any of these terms, you may stop using the Platform immediately.

These are the terms and conditions you must agree to prior to using our services:

  1. PLATFORM SERVICE
    1. These Terms of Use of the Platform apply to all users of the Platform. The Platform shall be made available by the Company to the users and can be downloaded on a computer or by any android or iOS users. The Platform is made available for your own, personal use. The Platform is not for the use of an individual or entity sanctioned by the United States of America, the United Kingdom, the European Union or the United Nations (or any of its bodies). The Platform must not be used for any illegal or unauthorized purpose or a purpose not permitted by the Company. When you use the Platform you must comply with all applicable laws of the United States of America and with any applicable international laws, including the local laws in your country of residence and country of residence of the recipient of monies you transfer (together referred to as “Applicable Laws”).
  2. REGISTRATION
    1. The first step toward using the Platform is to register you with us and create a username and password;
    2. While registering on the Platform you should provide your real name and information. You should comply with the following obligations relating to registering and maintaining the security of your account;
      1. You will not provide any false personal information on the Platform, or create an account for anyone other than yourself;
      2. You consent to providing your personal or sensitive personal information as required by the Platform;
      3. You consent to us for using the information which we receive to reach out to you or send marketing / other communications;
      4. You consent to us for sharing the information, which we receive, to third parties which shall assist the appropriate service/products provider to reach out to you or send marketing communications pursuant to the Privacy Policy;
      5. You consent to such dissemination of your personal information for the purpose of the Platform as provided herein below and in the Privacy Policy;
      6. If we disable your account, you will not create another one without our permission;
      7. You will not use the Platform if you are a convicted sex offender;
      8. You will keep your contact information accurate and up-to-date;
      9. You will not share your password with anyone nor will you let anyone else access your account, or do anything else that might jeopardize the security of your account;
      10. You will not transfer/assign your account to anyone;
      11. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is inappropriate or is again any Applicable Law.
      12. You will not use the Platforms if you are an individual or entity sanctioned by the United States of America, the United Kingdom, the European Union; or the United Nations (or any of its bodies);
    3. Further you shall not host, display, upload, modify, edit, delete, publish, transmit, update or share any information that:
      1. belongs to another person and to which the user does not have any right to;
      2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      3. harm minors in any way;
      4. infringes any intellectual property rights which include but not limited to patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonate another person;
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      9. threatens the unity, integrity, defense, security or sovereignty of any nation that is an ally of the United States of America, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
      10. During registration you are required to give true and correct information (including name, email address, zip code, birth date, e-mail address, picture, phone number, business, profession, area of practice, territory of operations etc.) which will be necessary for efficient functioning of the Platform.
  3. POST REGISTRATION
    1. Once you are a registered user, you can use the Platform to send your money from your bank account maintained in a bank in the United States of America to a recipient’s bank account in Nepal after following the visual and written directions reflected in the Platform.
    2. The charges set out in the Annex of this Terms of Use will be charged for each transaction you carry out.
  4. PLATFORM ACCESS
    1. Subject to your compliance with these Terms of Use and Privacy Policy, Company hereby grants you permission (revocable) to use the Platform provided that:
      1. your use of the Platform as permitted is solely for your personal use;
      2. you are not permitted to use or access the Platform, in any manner inconsistent with these Terms of Use and Privacy Policy;
      3. you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Company’s prior written authorization;
      4. you will not attempt to reverse engineer, alter or modify any part of the Platform; and
      5. you will comply with the terms and conditions of these Terms of Use and Privacy Policy, and all Applicable Laws.
    2. You acknowledge, understand and agree that you shall not have, nor be entitled to claim in part or full any rights in and to the Platform and/or any portion thereof. Except in connection with your own user information and unless pursuant to these Terms of Use and Privacy Policy, you agree not to copy, reproduce, duplicate, stream, capture, record access through technology or means other than those provided on the Platform, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, reverse engineer, decode, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Platform or any component or part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Company and a violation of these Terms of Use and Privacy Policy; and also may subject you to civil and/or criminal liability under Applicable Laws.
    3. The Company shall not be responsible for any loss or damage of any kind to any user or its business or profession unless it is a result of the Company's direct actions. For the avoidance of doubt, Company shall not be liable for any loss or damage of any kind to any user or its business or profession due to the actions of Sila and other entities who provide specialized services to the Company that are necessary for the Company to provide the services provided in the Platform. The Company shall have the right in its sole discretion to refuse, remove, edit, or disable any of the users that violate these Terms of Use and Privacy Policy or are otherwise objectionable, as determined by Company alone or other entities such as courts, law enforcement agencies and regulators. The Company cooperates fully with courts, law enforcement agencies and regulators and may share your information pursuant to this Terms of Use and Privacy Policy.
    4. The Company disclaims any and all liability in connection with actions of any and all Users and their transactions, and you agree to take full legal responsibility for your actions. You also waive any legal or equitable rights or remedies you may have against Company or any of its affiliates with respect to actions of any Users and their transactions that may cause harm to you or your business or profession.
    5. These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Platform.
  5. THIRD PARTY LINKS
    1. Company Platform may or the other uses of the Platform may provide links to and/or contain advertisements about non-Company owned or controlled web apps, services, products or other internet resources. You acknowledge and understand that Company expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, project, products or services found on or related to any such third party services, products or other resources.
  6. PRIVACY
    1. The Platform ensures your privacy. Your privacy is important to us. To better protect your privacy, please review our Privacy Policy by accessing this link. By using the Platform, you agree that you have read and accept the terms of our Privacy Policy and to be bound by it. We hereby inform you that the personal or sensitive personal information may be shared with any third party or used by us to contact you with respect to marketing and other purposes pursuant to the Privacy Policy and where applicable, your express consent.
  7. SAFETY
    1. The Company shall do its best to keep the Platform safe, but we cannot guarantee it. The users have to comply with the following terms to ensure the safety of the Platform:
      1. You will not post unauthorized commercial communications (such as spam) on the Platform.
      2. You will not collect users' content or information, or otherwise access the Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
      3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Platform.
      4. You will not upload viruses or other malicious code.
      5. You will not solicit login information or access an account belonging to someone else.
      6. You will not bully, intimidate, or harass any user.
      7. You will not post content that is a hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or violence.
      8. You will not use the Platform to do anything fraudulent, scam, unlawful, misleading, malicious, or discriminatory.
      9. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Platform, such as a denial of service attack or interference with page rendering or other Platform functionality.
      10. You will not facilitate or encourage any violations of these Terms of Use and Privacy Policy.
  8. MODIFICATIONS AND INTERRUPTIONS
    1. We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. We will attempt to reasonably update you with any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform and we will attempt to reasonably update you with any information on our Platform. We may, at no further liability, modify, change prices, suspend, or discontinue the Platform if our third-party service provider discontinues vital services even though we will first endeavor to continue running the service through a commercially reasonable alternative.
    2. We will endeavor to have the Platform up and running all the time but cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without advance notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
  9. AMENDMENTS
    1. We reserve the right to update these Terms of Use and/or Privacy Policy from time to time. If it does so, the updated version will be effective upon the earlier of (a) your continued use of the Platforms, or (b) 14 days from the date on which we place an alert on our website about the amendment. You are responsible for regularly reviewing these Terms of Use so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Platform. No other variation to these Terms shall be effective unless in writing and signed by our authorized representative.
  10. DISCLAIMER OF WARRANTIES
    1. You expressly agree that your use of the Platform is at your sole risk and consequences. The Platform (and any portion of the Platform) is provided with all faults available to the fullest extent permitted by law, Company and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). Neither Company nor any of its affiliates make any warranties or representations about the accuracy or completeness of information available on or through the Platform or other Internet resources linked to the Platform and assume no liability or responsibility for any:
      1. errors, mistakes, or inaccuracies of content;
      2. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Platform (or any parts thereof);
      3. any unauthorized access to any and all personal information stored in the Platform;
      4. any interruption or cessation of transmission to or from the Platform;
      5. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform (or any parts thereof) by any third party; and/or
      6. for any loss or damage of any kind incurred as a result of the use of any User information and/or other Platform content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Platform and/or otherwise through your or any other Platform users.
    2. Company reserves the right, in its sole and exclusive discretion, to change, modify,add, remove or disable access to any portion of the Platform (including, without limitation, any of the Platform Services).
  11. TRANSACTIONS
    1. You agree and understand that Company is providing a Platform for your use to connect with the payment processor to carry out remittance of money. Company shall not be liable for any action or inaction, misrepresentation or lack of services or any other issue which may arise from the payment processors. The payment processor will be responsible for any losses or harms to you resulting from the action, inaction or failure of the payment processor (or its affiliates and agents) and it will have no obligation on the Company.
    2. We may communicate with you by email or by other mode of communication, electronic or otherwise.
    3. Sending funds from Xuno Inc. is subject to fees and limits. Please review the fee page for more details.
  12. LIMITATION OF LIABILITY
    1. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL COMPANY, OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE APP OR ANY PARTS THEREOF.
  13. IDEMNIFICATION
    1. You agree to indemnify and hold harmless Company and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorney fees and costs) that such parties may incur as a result of or arising from:
      1. any of your wrong/false user information;
      2. your unauthorized exercise of any of your rights granted under these Terms of Use and Privacy Policy;
      3. the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use and Privacy Policy;
      4. your violation of any person’s privacy, publicity or other right;
      5. he violation of any Applicable Laws and/or these Terms of Use and Privacy Policy by you; or
      6. misconduct or negligence by you or anyone accessing the Platform through your registered account, in connection with your (and/or such other person’s) use of the Platform (in whole or in part).
    2. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Platform.
  14. TERMINATION
    1. If you violate the Terms of Use, Privacy Policy, or Applicable Law, we may stop providing all or part of the Platform to you. We may terminate our agreement at any time at our sole discretion.
    2. You may cease use of the Platform at any time. You may delete your account or disable your application at any time except in the following circumstance (in which case we may disable you from deleting your account and associated Customer Data):
      1. Attempt to delete account or Customer Data to evade or impede investigation by competent authorities or regulators;
      2. Attempt to delete account or Customer Data to commit fraud or seek unjust enrichment suo motu or exploiting any errors.
  15. DISPUTES
    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms of Use and Privacy Policy document or Company exclusively in the United States of America and the United States District Court for the District of Oregon will have exclusive jurisdiction, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Oregon will govern this Terms of Use and Privacy Policy document, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
  16. OTHER
    1. This Terms of Use and Privacy Policy, makes up the entire agreement between the parties regarding the Company and supersedes any prior agreements.
    2. If any portion of this Terms of Use or Privacy Policy is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If we fail to enforce any of these Terms of Use and Privacy Policy it will not be considered a waiver. All waivers must be in writing.
    4. You will not transfer any of your rights or obligations under this Terms of Use and Privacy Policy to anyone else without our consent.
    5. All our rights and obligations under this Terms of Use and Privacy Policy are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    6. Nothing in this Terms of Use and Privacy Policy shall prevent us from complying with the Applicable Law, decree, order or requests from regulators, law enforcements, and courts.
    7. This Terms of Use and Privacy Policy do not confer any third party beneficiary rights.
    8. We reserve all rights not expressly granted to you.
    9. You will comply with all Applicable Laws when using or accessing the Platform.