Customer Agreement

Effective Date: August 13, 2023

Welcome To Paynny

This Customer Agreement is between you and Estar Infotech Co., Limited. ("Paynny", "we", "us", or "our" as applicable), concerning your use of (including any access to) the Services, as defined below and including the Website, App, API and other Paynny Materials.

By opening, registering, or using a Paynny Account, or by other Paynny using the Services, you agree to be bound by this Customer Agreement and consent to receive communications related to the Services or your Paynny Account in electronic format, and you affirm that you are at least eighteen (18) years of age and legally capable of entering into this Customer Agreement. You also agree to comply with the following additional policies and each of the other agreements that apply to you:

• Our Privacy Policy, which sets forth the terms on which we handle any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and you confirm that all data provided by you is accurate.

Please read carefully all of the terms of these policies and each of the other agreements that apply to you. Your use of certain Services may be subject to additional terms and conditions, as communicated by us to you through the Service or by other means, and such additional terms and conditions are incorporated into this Customer Agreement.

This Customer Agreement contains several sections, and you should read all of them carefully. The headings are for reference only. Some capitalized terms have specific definitions that are defined in the Glossary or within this Customer Agreement. Underlined words in this Customer Agreement contain hyperlinks to further information.

If we change the Customer Agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days' prior notice by posting notice on the website. Your use of the Services following any changes to this Customer Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Customer Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access via any third-party links); charge, modify or waive certain fees related to the Services; or offer the Services, or certain of the Services, to some or all users.

About Paynny

Estar Infotech Co., Limited is a corporation incorporated in Hong Kong. In Hong Kong, we are licensed as a Money Service Operator by the Customs and Excise Department.

The Services enable you to, in supported currencies, Transfer currencies, upload or receive money into your Paynny Account, hold balances in your Paynny Account, convert currency balances to balances in other supported currencies, withdraw funds held in your Paynny Account, and other Paynny transmit funds to recipients. We retain full discretion to refuse to accept any user or to complete any instruction to Transfer, receive, send, withdraw or convert money held in your Paynny Account at any time.

Glossary

In this Customer Agreement:

• API means the application programming interface provided by Paynny.
• App means the mobile application software, the data supplied with the software and the associated media.
• Business Day means a day other than a Saturday, Sunday or a public holiday in the United States when financial institutions are open for business.
• Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website and API).
• Source Currency means the currency which you use to fund a currency conversion.
• Target Currency means the currency that you or your recipient will receive after you convert currency.
• Transfer means using your Paynny Account to, as part of a single transaction, upload, convert and send currency.
• Paynny Account means the Paynny Account on the website or mobile app you have opened with us in accordance with the terms of this Customer Agreement for use of our Services.
• Paynny Materials means any software (including without limitation the App, API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website.
• Unauthorized Transaction means when money is sent from your Paynny Account that you did not authorize and that did not benefit you.
• Website means any webpage, including but not limited to https://paynny.com/, where we provide Services to you.

Using Our Services

Opening a Paynny Account

In order to use some or all of the Services, you must first open a Paynny Account by providing certain information. For legal reasons, all information you provide during the signup process or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information up-to-date in your Paynny Account profile. We may refuse to provide or may discontinue providing the Services to any person or entity at any time for any reason.

We treat all activities under a Paynny Account to be those of the registered user. You must only use the Services to transact on your own account and not on behalf of any other person or entity. You may only open one Paynny Account unless we explicitly approve the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Paynny may close or merge these duplicate accounts without notification to you.

Account Security

You, not Paynny, are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that you use to access your Paynny Account and the Services. You must never disclose your Paynny Account password or your customer reference number. Keep them safe. Change your password regularly. We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password, and contact us if you are not sure about this, or any other security-related aspect of your Paynny Account. Review third-party recommendations on the creation and use of passwords, for example: https://support.google.com/accounts/answer/32040?hl=en. You must never let anyone access your Paynny Account or watch you accessing your Paynny Account.

If you suspect your Paynny Account, login details, password or any other security features are stolen, lost, used without authorization or other Paynny compromised, you are advised to change your password. Contact us immediately if you believe your credentials have been compromised or you are suspicious about the security of your password or any other security features. The compromise of your credentials could enable thieves to access your bank account and attempt transactions not authorized by you. Telephoning us is the best way to minimize your risk of loss. In addition, contact us at once if your transaction history for your Paynny Account shows transactions that you did not initiate. We rely on you to regularly check the transactions history of your Paynny Account and to contact us immediately in case you have any questions or concerns.

We may (but are not obligated to) suspend your Paynny Account or other Paynny restrict its functionality if we have concerns about the security of the Paynny Account or any of its security features; or potential unauthorized or fraudulent use of your Paynny Account or any of its security features..

You must make sure that your e-mail account(s) are secure and only accessible by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your Paynny Account. Let us know immediately if your email address becomes compromised. Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or other Paynny recorded. Additional Paynny products or Services you use may have additional security requirements, as notified to you by us, and you must familiarize yourself with those requirements.

Authorizing Third Parties

You may authorize third parties to access your Paynny Account to provide their services to you, including authorizing them to initiate payments from your Paynny Account. You acknowledge that if you authorize a third party to access your Paynny Account, we may disclose certain information about your Paynny Account to this third party. We are not responsible for any such third party's use of your Paynny Account or any information in your Paynny Account. Granting permission to a third party does not relieve you of your responsibilities under this Customer Agreement, including notifying us if your Paynny Account has been compromised or if a transaction is incorrect or unauthorized.

Verification

You acknowledge that we are required by law to carry out all necessary security and customer due diligence checks on you in order to provide the Services to you. You may need to provide additional information (in a format acceptable to us) so we can verify your identity as a condition of processing your payment order, opening your Paynny Account, or otherwise providing our Services to you. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Paynny Account with us, or in the event of a dispute relating to this Agreement and/or activity under your Paynny Account.

Our Services

Uploading Money

You may upload money in supported currencies into your Paynny Account in order to Transfer money (i.e. convert the currency and send it to your account or to another person) The supported Currencies are listed on our Website.

Transfers where the Source Currency you choose is one of the following: AUD, AED, BRL, HKD, MYR, IDR, INR, JPY, MYR will be directly processed.

You can upload money through one or more methods, for example, bank transfer (wire), credit cards or debit cards. The number of methods available to you will depend on a number of factors including where you live and your verification status with us, as well as other factors. Upload methods are not part of our Services, they are services provided by third parties, for example, the card provider which issued your credit or debit card. We cannot guarantee the use of any particular upload method and may change or stop offering a particular upload method at any time without notice to you.

We will credit your Paynny Account once we have received your money, and we are not responsible for the money you have uploaded until we have received it. For some particular upload methods, we will credit the money to your Paynny Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to upload does not reach us within a reasonable time, we may deduct such amount from your Paynny Account.

Uploading Money by Debit or Credit Card

If you choose to upload money via debit or credit card, provided we offer such options, you will need to provide your card details, including your card number and cardholder name. When you choose to upload money via debit or credit card, you confirm that your card details are correct, that you are authorized to access and transmit funds from your card account, that your card account is in good standing with the account-holding financial institution, and that you have the authority to initiate a debit or credit card payment in the amount at issue to or from your card account. You may authorize us to initiate credits and debits to your bank account through card payment networks in order to process a requested transaction, including any applicable fees and charges, and this authorization shall remain in effect so long as you are a registered user with the Service unless canceled in accordance with this Customer Agreement.

Uploading Money by Wire

If you choose to upload money using domestic wire transfer method, then your transaction order will remain inactive until we receive your funds to our specified account. Such payments must be made to our specified account domestic wire transfer. In cases where for any reason the upload transaction is cancelled or refused, then we will promptly return the deposit to your bank account from which the transaction originated. In the event that we are unable to return the deposit, then we will promptly contact you using the most current contact information provided to us by you through your Paynny registration.

Other Information About Uploading Money

No other payment methods are accepted, including cash, mailed check, or electronic check. For legal, security, or other reasons, there may be financial limits for particular payment methods or currencies. Please visit the Website for more information.

If you selected an upload method which gives you reversal and chargeback rights (for example in relation to your credit card, you ask your card provider to reverse a transaction on your card) please see related terms below.

Currency Conversion

Our Services include the ability to convert currencies, for example:

• As part of a Transfer;

A conversion fee will apply when we perform a currency conversion. You can also find out more information about the fees we charge on the Website and below in the Fees section. A currency conversion order may either be:

• a "Fixed Source Order" which is a currency conversion order where you indicate that you wish to convert a fixed amount of Source Currency in order for you or your recipient to receive the converted amount in the Target Currency; or
• a "Fixed Target Order" which is a currency conversion order where you indicate that you wish to convert a fixed amount of Target Currency in order to you or your recipient to receive the corrected amount in the Source Currency.

You can only place a Fixed Target Order for certain Source Currencies.

We will only process your currency conversion order if we hold or have received the relevant funds and the fees from your Paynny Account. You can find a list of all fees on the Website and a summary fee disclosure required by the Consumer Financial Protection Bureau. It is your responsibility to send us the money to fund a currency conversion order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.

Refusing a currency conversion order. We reserve the right in our sole discretion to refuse any currency conversion order. Reasons for refusal may include but are not limited to incorrect information about the recipient, insufficient available funds, or where we believe you may have violated this Customer Agreement, including we believe you are attempting to engage in currency trading or other trading for purposes not permitted by this Customer Agreement. We will endeavor to notify you of any refusal, using the contact information in your Paynny Account, stating (where possible) the reasons for such refusal and explaining how to correct any errors. However, we will not notify you if such notification may be unlawful.

Once we have received your currency conversion order, we will send you a confirmation by email that we have received it. Each currency conversion order is given a unique transaction number which is shown in the transaction history on your Paynny Account. You should quote this transaction number when communicating with us about a particular currency conversion order.

When will I be notified of my next scheduled transfers.

If you have scheduled a transfer in advance then we will notify you 24 hours before your upcoming transfer, setting out the total fees and the estimated 'live' exchange rate for that transfer. By scheduling a transfer, you agree to TW sending the funds using the live exchange rate at any time on the scheduled date. If you have opted in to receiving emails, we will send you a transfer receipt after successfully sending your scheduled transfer. For more information on scheduled transfers see our Website.

Exchange rate.

When we refer to an exchange rate in this Customer Agreement, it means the exchange rate at the relevant time for the relevant currency pair (for example, GBP to EUR, USD to AUD) that is offered by Paynny, which is typically provided by a reference rate provider. We may change our reference rate provider from time to time without notice to you.

For some currencies, we do not use the mid-market exchange rate, including where we are required to use a different reference rate for the exchange rate for your currency pair. For example, for currency conversions to Nigeria (NGN), we are required to use the rate set by the Central Bank of Nigeria. For these currencies we will notify you of the exchange rate offered by Paynny when you place your payment order.

Guaranteed rates.

We will notify you of the guaranteed rate and the guaranteed time period (the "Guaranteed Period") when you create your Money Transfer. Guaranteed Periods are subject to the following conditions:

(a) The Guaranteed Period may be extended if your Money Transfer is created over the weekend or public holiday.

(b) We must receive sufficient funds from you during the Guaranteed Period in order to convert your money at the guaranteed rate. You will see when we have received your money by logging into your Paynny Account.

(c) If we receive your funds after the Guaranteed Period, we will not be able to convert your money using the guaranteed rate and your transfer will become a non-guaranteed rate transfer. Accordingly, we may convert your money at the applicable exchange rate at the time we receive your money or we will email you and ask you if you want to proceed with your transfer at the new exchange rate.

(d) If the relevant exchange rate (as provided by our reference exchange rate provider) changes by 5% or more during the Guaranteed Period, we can, at our option, suspend your transfer for a reasonable period of time or cancel your transfer and refund the money to you.

(e) For certain currencies, including where you are sending from Japanese Yen (JPY), the guaranteed rate will only be offered after your address has been verified by us.

(f) We may change these guaranteed rate conditions or suspend the guarantee rate feature at any time.

Auto Conversion.

For certain currencies, you may be able to set one or more conversion orders to be automatically executed once the exchange rate you pick is offered by our Services (an "auto conversion order"). There may be limits to the number of auto conversion orders you are able to set up, as well as the amounts of money you can schedule to convert. Paynny does not guarantee that it will be able to execute your auto conversion order in all circumstances.

We are not a currency trading platform.

Paynny is not a currency trading platform, and accordingly, you should not use our Services, including the Paynny Account or the auto conversion order function for this purpose (including creating multiple auto conversion orders or a series of Money Transfers without the intention of completing them or for seeking to profit from FX trading). If we detect that you are using our Services for this purpose, we may, at in our sole discretion, set a limit on the number of auto conversion orders you may create, cancel your orders, set a limit on the amount of money you can convert or transfer in one or more currencies or in the same currency, restrict your ability to use this or other features, or suspend or close your Paynny Account and disgorge your gains.

Cancellation of a Transfer order

Personal, family or household

You have the right to cancel a Transfer order for personal, family or household purposes and obtain a full refund of all funds paid to us, including any fees in connection with that order, within thirty (30) minutes of payment for the currency conversion order.

Transfer orders may be canceled from the website or application. You can also cancel your transfer by contacting us through the official customer service phone, or submitting a request in writing through the Website. If you contact us to cancel a transfer, please provide us with enough information to enable us to identify the transfer within our system, which may include (1) Your Name and Address or Telephone Number and (2) the Transfer Number or the Name of the Sender, the dollar amount of the transfer, and date of the transfer.

We will issue a refund within three (3) Business Days of your request, provided that the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel an order under any circumstances if the funds have been disbursed or deposited to the recipient.

Business or commercial Transfers

You have the right to cancel a Transfer order for business or commercial purposes and obtain a full refund of all funds paid to us, including any fees in connection with that order, up until the Transfer has been completed in accordance with your instructions.

Transfer orders may be canceled from the website or application. You can also cancel your transfer by contacting us by telephone, or submitting a request in writing through the Website. If you contact us to cancel a transfer, please provide us with enough information to enable us to identify the transfer within our system, which may include (1) Your Name and Address or Telephone Number and (2) the Transfer Number or the Name of the Sender, the dollar amount of the transfer, and date of the transfer.

We will issue a refund within three (3) Business Days of your request, provided that the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel an order under any circumstances if the funds have been disbursed or deposited to the recipient.

Closing Your Paynny Account

You can close your Paynny Account

You may end this Customer Agreement and close your Paynny Account at any time by contacting our Customer Support hotline as shown on the Website, or by email through our Website. You may terminate your Paynny Account with us at any time by contacting Customer Support.

You must not close your Paynny Account to avoid an investigation. If you attempt to close your Paynny Account during an investigation, we may hold your money until the investigation is fully completed. You agree that you will continue to be responsible for all obligations related to your Paynny Account even after it is closed.

Paynny can close your Paynny Account

Paynny, in its sole discretion, reserves the right to suspend or terminate this Customer Agreement, access to or use of its Service websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services for any reason and at any time upon notice to you.

Reasons we may close your Paynny Account include, but are not limited to:

• your breach of any provision of this Customer Agreement or documents referred to in this Customer Agreement;
• we are requested or directed to do so by any competent court of law, government authority or agency, or law enforcement agency;
• we have reason to believe you are in violation or breach of any applicable law or regulation; or
• we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

We may also suspend your Paynny Account if it has been compromised or for other security reasons; or has been used or is being used without your authorization or fraudulently.

If we close your Paynny Account or terminate your use of the Services for any reason, we'll provide you with notice of our actions. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by Paynny, any other Paynny customer, or a third party, caused by or arising out of your breach of this Customer Agreement, and/or your use or the use of your authorized third parties of the Services. You agree to reimburse Paynny, any Paynny customer, or a third party for any and all such liability.

On termination for any reason, all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.

Escheatment

If you do not log in to your Paynny Account for two or more years, Paynny may close your Paynny Account, if any, to your primary address. Paynny will determine your state of residency based on the state listed in the primary address for your Paynny Account. If you would like to claim any escheated prepaid money from the applicable state, please contact the applicable state's unclaimed property administrator.

Communications Between You and Us

Paynny may communicate with you about your Paynny Account and the Services electronically as described in our website. You will be considered to have received a communication from us, if it's delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it's delivered by mail, three (3) Business Day after we send it or within five days of posting for international post.

We usually contact you via email. For this reason, you must at all times maintain at least one valid email address in your Paynny Account profile. You are required to check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don't maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don't do this.

In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may, and you agree that we may, also communicate with you via SMS. Any communications or notices sent by Text messages (SMS) will be deemed received the same day.

If you need a copy of the current Customer Agreement or any other relevant document, please contact Customer Support You may contact us via email, letter or telephone by using the details specified in our Website.

Issues that May Occur

Reversals and Chargebacks

If you receive a payment that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is reversed, Paynny will refund or reverse the transaction from your Paynny Account in the same currency as the original transaction. If your Paynny Account balance for a particular currency is insufficient to cover the amount of a refund or reversal, Paynny will perform a currency conversion in order to refund or reverse the transaction, subject to the exchange rate being offered by Paynny in the applicable currencies at that time.

Payments that are reversed

Payments to you may be invalidated and reversed by Paynny if:

• Our investigation of a bank reversal (sometimes known as an ACH return) finds that the transaction was fraudulent.
• Paynny sent the payment to you in error.
• The payment was unauthorized.
• You received the payment for activities that violated this Customer Agreement, or any other agreement between you and Paynny.

When you receive a payment, you are liable to Paynny for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason.

Chargeback Fees

If you receive a debit or credit card-funded payment through your Paynny Account and you (or a third party) pursue a chargeback for the transaction with the card issuer, then Paynny may assess you with a chargeback fee (for facilitating the chargeback process).

Negative Balances

If your Paynny Account goes into a negative amount, including as a result of a chargeback, reversal of a transaction, deduction of fees or any other action carried by you or a third party, that negative amount represents an amount you owe to Paynny and you promise to repay the negative amount immediately without any notice from us. We may send you reminders or take such other reasonable actions to recover the negative amount from you, for example, we may use a debt collection service or take further legal actions. We may charge you for any costs we may incur as a result of these collection efforts.

Error Resolution

You must make sure that the information you provide to us when you send or withdraw money, or convert currency, is accurate. Once a transaction is processed, it cannot be reversed (except where, and to the extent, required by applicable law) and, except as expressly set forth in this Customer Agreement, we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions (or a third party acting on your behalf).

If you believe there to be an error in connection with a transaction or other problem, then you should notify Paynny Support through our Website or official phone number as soon as possible, but no later than 180 days of the date we disclosed to you that a transaction has been completed.

When you do, please tell us as much of the following information as possible: (1) your name and address; (2) the error or problem with the transaction, and why you believe it is an error or problem; (3) the name of the recipient, and if you know it, telephone number or address; (4) the dollar amount of the transfer; and (5) the transfer number.

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Paynny Account, you should regularly log into your Paynny Account and the list of your Transfers on the Website. Paynny will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

Paynny will protect you from unauthorized activity in your Paynny Account. When this protection applies, Paynny will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction?

An Unauthorized Transaction occurs when money is sent from your Paynny Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Paynny Account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are not considered Unauthorized Transactions:

• If you give someone access to your Paynny Account (by giving them your login information) and they use your Paynny Account without your knowledge or permission. You are responsible for transactions made in this situation.

Reporting an Unauthorized Transaction

If you believe your Paynny login information has been lost or stolen, call us, or by email us through our Website .

Tell us right away if you believe your Paynny login information has been lost or stolen, or if you believe that transactions have been made in your Paynny Account without your permission using your login information. You could lose all the money in your Paynny Account. If you tell us within 60 days after we provide you your Paynny Account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.

Also, if your Paynny Account statement shows transfers that you did not make, including those made with your Paynny login information or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Complaints

If you have a question or complaint regarding the Services, please send an e-mail through our Website. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Technology

Linking to Our Website

You may link to our Website, provided that you comply with the terms and conditions of this Customer Agreement, and follow certain rules. You may link to our Website, provided:

• you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
• you do not suggest any form of association, approval or endorsement on our part where none exists;
• you do not frame our Website on any other site;
• you do not refer to any of our Services as "banking" services; and
• the website linking to our Website complies with our policy.

We reserve the right to revoke such linking permission without notice and for any reason.

Paynny App

In consideration of you agreeing to abide by the terms of this Customer Agreement, we grant you a non-transferable, non-exclusive license to use the App on your device subject to this Customer Agreement and the Appstore Rules. We reserve all other rights. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Customer Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Paynny in accordance with this Customer Agreement. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as other Paynny permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this Customer Agreement and, upon your acceptance of the terms and conditions of this Customer Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Customer Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Customer Agreement is not subject to the consent of any third party.

Paynny API

If you access our Services via our API, we grant you a non-transferable, non-exclusive license to use our API subject to this Customer Agreement. We reserve all other rights.

Information Security

You are responsible for configuring your information technology, computer programs and platform in order to access our Services. You should use your own virus protection software.

You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to the Services, or our Website, our servers, computers or databases. You must not attack the Services, including via our Website with any type of denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable law. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity or other information to them. In the event of such a breach, your right to access and use our Website and/or our Services will cease immediately without notice, and you must immediately cease all such access and use.

Third Party Materials

Certain Website or App functionality may make available access to information, products, services and other materials made available by third parties ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third Party Materials through the Website or App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

Paynny's Rights

Limitation on Paynny's Liability, Indemnity and Release

In this section, we use the term "Paynny" to include Estar Infotech Co., Limited and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

In no event shall Paynny be liable for lost profits or for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of business, loss of security of any information or other materials (including unauthorized interception by third parties of any information or other materials), even if advised in advance of the possibility of such damages or losses, however arising, including negligence, unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.

In addition, to the extent permitted by applicable law, Paynny is not liable, and you agree not to hold Paynny responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, API, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or any of the Services; (2) delays or disruptions in our Website software, API, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, API, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or any website or service linked to our websites, software or any of the Services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Paynny Account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Customer Agreement or any other Paynny policy.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Paynny and its affiliates, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to (a) your or your authorized third parties use of, or activities in connection with, the Services; and (b) any violation or alleged violation by you of this Customer Agreement or applicable law.

Release

If you have a dispute with any other Paynny Account holder or a third party that you send money to or receive money from using the Services, you release Paynny from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would other Paynny limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Service Availability

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).

Disclaimer of Warranty

The Services are provided "As-Is" "Where Is" and "Where Available" and without any representation or warranty, whether express, implied or statutory. Paynny specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

Insolvency Proceedings

If any type of bankruptcy or insolvency proceeding is commenced by or against you, we'll be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Customer Agreement or objections that we supply information in connection with such proceeding.

Intellectual Property

"Paynny" and "paynny.com" are all logos related to the Services that are either trademarks or Paynny's licensors. You may not copy, imitate, modify or use them without Paynny's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Paynny. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Paynny for the purpose of directing web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Paynny or the Services or display them in any manner that implies Paynny's sponsorship or endorsement. All right, title and interest in and to the Paynny websites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Paynny and its licensors.

Miscellaneous Translation of This Customer Agreement

Any translation of this Customer Agreement is provided solely for your convenience and is not intended to modify the terms of this Customer Agreement. Only the English language of the Customer Agreement version is an official version. In the event of a conflict between the English version of this Customer Agreement and a version in a language other than English, the English version shall control.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Governing law

The laws of China shall apply to the establishment, implementation and interpretation of this Agreement and the resolution of disputes and shall be subject to the jurisdiction of the courts of China.

If any dispute arises between the parties regarding the content of this Agreement or its implementation, the parties shall endeavor to resolve it amicably; if negotiation fails, either party shall file a lawsuit with the competent court in Paynny's domicile.

Paynny is a Money Service Operator

Our relationship with you under this Customer Agreement with you is as a Money Service Operator, and Paynny is an independent contractor for all purposes. Paynny is not your agent or trustee.

Other Information About this Customer Agreement

You may not transfer or assign any rights or obligations you have under this Customer Agreement without Paynny's prior written consent. Paynny may transfer or assign this Customer Agreement or any right or obligation under this Customer Agreement at any time.

Each of the paragraphs of this Customer Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.

Our failure to act with respect to a breach of any of your obligations under this Customer Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

This Customer Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.