Termos e Condições.

1. Higlobe Terms & Conditions

Updated November 26, 2024

These Terms and Conditions (“Terms”) set forth the terms and conditions that apply to your access and use of the services provided by Higlobe, Inc. and its subsidiaries, partners and/or affiliates (“Higlobe”). Higlobe is referred to herein as “Higlobe” “we,” “our,” or “us”.

This is a legal agreement between Higlobe and you or the company through which you are doing business (“you,” an “account holder” or a “client”). These Terms describe the terms and conditions that apply to your access to or use of our website, applications, and any Higlobe services we provide (the "Services" or the "Higlobe Services" ), including services that enable your receipt of payment from U.S. payors. By opening an account with Higlobe, you agree to these Terms.

Please read carefully all of the Terms and each of the other agreements or policies that apply to you.

Higlobe is located at 228 Hamilton Ave, 3rd Floor, Palo Alto, California 94301. You may contact Higlobe customer service by email addressed to [email protected].

1.1 Our Services

You are becoming a Higlobe client so that you can receive payment for your goods or services in your home country, from companies based in the U.S. (each, a “Payor”). When you open a Higlobe account, Higlobe will provide you with an account that enables you to receive ACH payments denominated in U.S dollars (this account, a “US Receiving Account”), to which U.S.-based companies can send U.S. dollar-denominated payments via the Automated Clearing House (ACH) system for deposit into your Higlobe account. With a Higlobe account, you can keep your funds with us or to transfer the funds to your local bank account for withdrawal at any time after you have generated and submitted a receipt in the format provided by Higlobe for the goods or services you are receiving payment for from an approved Payor. Your US Receiving Account will only allow you to receive funds, and will not be able to make any payment from your US Receiving Account or use your US Receiving Account for any other purpose.

1.2 Appointment as Agent

To enable Higlobe to provide you with the Services, you agree to appoint (and by opening a Higlobe account, you are appointing) Higlobe as your agent for the purpose of receiving funds on your behalf in connection with a Payor’s payment to you for goods or services provided by you to such Payor. You further acknowledge and agree that a Payor’s delivery of payment to your Higlobe account satisfies the Payor’s obligation to pay you for such goods or services, to the extent of the payment received. In other words, you agree that a Payor's obligation to pay you is fulfilled upon receipt of payment in full by Higlobe.

1.3 Underlying Transaction

Except for our limited role in receiving and transmitting payments received by you, we are not involved in the underlying transaction for which you are being paid, and you are solely responsible for resolving any disputes concerning any underlying transaction. We do not have any ability to control the actions of Payors, and therefore we do not guarantee payment to you, or payment to you in full, by any Payor. You agree that the Payor’s obligation to pay you for your goods or services is fulfilled upon receipt of funds by us as your agent.

1.4 Use of Stable Coins

You acknowledge that we will use U.S. dollar-denominated stable coins to transfer funds that you receive into your US Receiving Account to you and that we will hold funds that you otherwise keep on deposit in your Higlobe account in the form of U.S. dollar-denominated stable coins.

1.5 Services Limited to Commercial Transfers; Service Limited to U.S. Payors and Non-U.S. Recipients;

We provide the Higlobe Services, and you agree to use our Services, exclusively in connection with commercial transactions. The Services are neither intended for nor permitted to be used for personal uses, such as sending funds to yourself or to friends or relatives. Payments that are made other than in connection with a commercial transaction may be rejected, and if accepted, will be returned to the Payor, in each case, at your expense.
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The Higlobe Services can only be used to receive payments from U.S. based companies and individuals made for business purposes, and accordingly, you agree to use our Services solely to receive payment funds from Payors located in the United States and that meet these criteria. Payments to your US Receiving Account that originate outside the United States, that are not made using the ACH system or by domestic wire transfer, or that not made for a business purpose, may be rejected, and if accepted, will be returned to the Payor, in each case, at your expense. In cases of a rejected or returned payment, you will be charged a return fee.
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Higlobe does not transfer funds to recipients located within the U.S., and U.S. residents are not permitted to open a Higlobe account.

1.6 U.S. Receiving Account

All Higlobe customers will receive a US Receiving Account; as a Higlobe customer you can provide any Payor with your US Receiving Account name, account number andABA/routing number which they can use to pay you for services or goods you have provided, subject to these Terms. Your US Receiving Account is solely for the purpose of receiving U.S. dollar payments from a U.S. client for commercial purposes. All funds that are properly received into your US Receiving Account will be held as U.S. dollar backed stable coins in your Higlobe account.

The only way funds can be deposited into your Higlobe account is through your USReceiving Account. You are not required to withdraw the full amount of any payment received into your US Receiving Account; subject to your obligations under these Terms and unless prohibited or limited by the laws of your home country, you may hold your funds in your Higlobe account for as long as you wish.

1.7 Receipt/Transfer Record

To ensure that our Services are used solely for commercial transfers and solely to receive payments from U.S. based companies, we will require you to submit a receipt for the transfer using the form provided on our website, every time you receive funds.

The receipt will ask for a brief description of the work you performed and certain information regarding the U.S. company or individual from which you expect to receive or have received a payment. You understand that we will verify certain information about any Payor from whom you receive or expect to receive funds the first time that you identify them as a Payor in your receipt. This verification process will typically take 24hours, although in some cases it may take longer. Your payment will be held while we complete this process, and accordingly your first payment from any given Payor may be delayed.

Higlobe must receive an accurate, valid receipt from you in the format provided by Higlobe for this purpose prior to any withdrawal. If we are unable to verify the information you have provided regarding a Payor, or the Payor you identify in your receipt does not match the actual source of the payment, your payment may be delayed or the payment may be rejected and returned to the Payor, at your expense. Further, one or more failures on your part to provide a receipt in the format provided for any payment is grounds for Higlobe to close your account. You authorize us to verify the contents of any receipt that you submit to us in any manner that is legally permissible.

1.8 Your Privacy

We respect your privacy. You acknowledge your usage of the Services is subject to our Privacy Policy which explains our commitment to maintaining your privacy, as well as our collection, processing, and disclosure of your information.

1.9 Acceptable Uses

You will use Higlobe Services only for legitimate business purposes and only for purposes that have been approved by Higlobe. You agree that you will not use Higlobe Services to receive payments for, or in support of, any illegal purposes or for any purpose which we have identified as restricted. For a full list of restricted purposes that you agree to abide by, see our Acceptable Use Policy, a copy of which is included at the end of these Terms. For more information regarding the consequences of a breach of our Acceptable Use Policy and use limitation in general, see "Prohibited Activities" and "Actions we may take if you engage in Prohibited Activities" below.

1.10 Pricing

Higlobe does not currently charge a fee for the use of our Services. This is subject to change at any time.

However, while Higlobe does not charge a fixed fee for the use of its Services, you will be charged a foreign exchange fee or spread when you make a withdrawal from your Higlobe account. In most cases, Higlobe will receive a portion of the foreign exchange spread that you are charged.

1.11 Transfer Volume and Frequency Limitations

We may, at our discretion, impose limits on the amount and/or the number of payments you can send and receive. We may impose or change any limits from time to time in our sole discretion, to comply with applicable law or for any other reason.

In addition, you may be subject to certain volume and frequency limitations depending on your country of residence. This means that you may not be able to receive or withdraw more than a certain amount per payment or per month.

Please note: Any Transfers of more than $10,000 may be held for up to 24 hours in addition to any necessary transfer time in certain cases.

1.12 Limited Functionality and Control of Your US Receiving Account

Your US Receiving Account is not a full service bank account and it will have limited functionality. Its sole purpose is to receive payments from Payors. Your US Receiving Account will be entirely controlled by Higlobe. You understand and agree that you will not be able to use your US Receiving Account to make payments to third parties, to reject a payment, to write checks, to stop payment to any party, or to perform other tasks that you would be able to perform in a full service bank account.

Your US Receiving Account cannot and will not accept payments by any method other than an ACH transfer and domestic wire transfer. We do not support, and your US Receiving Account cannot and will not accept, international wire transfers, paper checks, or other forms of payment. Payments to your US Receiving Account that originate outside the United States, that are not made using the ACH system or by domestic wire, or that do not have a business purpose, will be rejected, and if accepted, will be returned to the Payor, in each case, at your expense. In cases of a rejected or returned payment, you will be charged a return fee.

Domestic wire transfers, while permitted, will cause you to incur a fee. The wire transfer fee is currently $15 per wire transfer, but is subject to change at any time. International wire transfers not accepted.

2 Getting Started With Higlobe - Accounts and Services

2.1 Onboarding

Accounts Opening and Identity Verification

Your first step to using any Higlobe Services is to open an account.

As part of our onboarding process for a Higlobe Account, we will ask you for basic personal information, such as your name, address, email address, tax ID number, valid bank account information, and certain other information that we require. We will also request that you provide us with a passport or national ID, and photograph of yourself taken at the time of onboarding (i.e., a “selfie”). If you are opening a business account, we will ask for certain additional information related to the business entity. We do this in order to verify your identity. You agree to provide us with accurate and complete information in response to our questions, and you understand that your failure to do so may result in a refusal to open your account. In addition, and keep that information you provide current by informing us of any changes to it, and you understand that your failure to do so may result in the delay of a payment or in the suspension or termination of your ability to use our Services.

In connection with opening a Higlobe account, you authorize us, directly or through third parties, to make any inquiries we consider necessary to confirm your identity and to otherwise confirm or validate the information you have provided.

In addition, we may request additional information from you at any time during your use of the Higlobe Services, for example, to validate a particular transfer or to otherwise confirm information you have provided to us, and you agree to provide us with this information. This additional information may include business invoices, copies of government-issued identification, business licenses, copies of bank statements, or other information related to you or your business, your beneficial owners or principals. Your failure to provide this information in a timely manner may result in suspension or termination of your Higlobe Account and your ability to use our Services.

We reserve the right to deny opening an account for and to withhold Services to any individual or company without providing an explanation.

2.2 Withdrawal To Your Local Bank

Higlobe allows you to convert the U.S. dollar denominated funds in your Higlobe account into your local currency and transfer the local currency amount to your local bank account, on demand.

A withdrawal will include a conversion of the U.S. dollar denominated funds into your local currency, since your local bank will only accept deposits in your domestic currency. When you initiate a withdrawal, the Higlobe website will display the exchange rate in effect at that time, and which will be used to convert your funds into your local currency. The exchange rate quoted is guaranteed to be available to you for the limited time that it is displayed. In addition, in order to deliver funds rapidly, Higlobe may settle with its local partners in fiat or in digital currencies backed by fiat.

2.3 Exchange Rates and Foreign Exchange Fee

To enable you to make withdrawals to your local bank account, we will work with home country platforms, payment gateways, banks or other financial institutions who can provide us and you with the necessary foreign exchange and related services in your country. The local financial institution that we work with will charge you a foreign exchange spread when you make a withdrawal. In most cases, Higlobe will receive a portion of the foreign exchange spread.

Exchange rates fluctuate constantly. However, we will use our best efforts to provide you the best exchange rate available any time you convert funds in your Higlobe account into your local currency. In addition, the foreign exchange rate provided in connection with a withdrawal is covered by the guarantee described in Section 4.

2.4 Transfer Errors and Disputes

You recognize that Higlobe’s involvement when you receive transfers of funds sent to you by a Payor is limited. Higlobe is not involved in the underlying transaction for which you are being paid, and you are solely responsible for resolving any disputes concerning any such transaction. If you have a payment dispute with a Payor regarding the amount or non-receipt of an expected payment, you agree to contact the Payor directly to resolve the issue with them. Higlobe is not in any way responsible for any misunderstanding or disagreement that you may have with your Payor.

If you feel that we have made a mistake when accepting a payment on your behalf, or otherwise in providing you with the Services, please contact us immediately through one of the methods set out below under “Customer Support”. We will investigate the matter and reply to you with an answer or a correction.

2.5 Customer Support; Our Customer Support Commitment

Higlobe provides customer support to its account holders seven days a week. You can reach customer support via email at: [email protected] or by using the chat function on our website.

You agree to contact only Higlobe regarding any issues you have with your account or a transfer. You agree you will not try to contact any of our service providers or local partners regarding any Higlobe transfer.

2.6 Account Lock; Held or Stopped Payments

Money transfer is a heavily regulated industry that has a high potential for fraud or misuse. Accordingly, you agree that Higlobe has the right to lock, freeze, or halt access to your account at its sole discretion when it suspects any illicit activity, any use of Higlobe Services in contravention of our Acceptable Use Policy or these Terms, or for any other reason. Though this is a rare occurrence, we may take this step if we are concerned about unusual transfers or if we are requested or required to do so by relevant regulatory and legal authorities.

You also acknowledge and agree that Higlobe can place a hold on a payment or payments sent to your US Receiving Account at any time at its sole discretion. You acknowledge that when placing a hold on a payment, Higlobe is under no obligation to disclose the reason and may be legally prohibited from disclosing the reason.

Higlobe also has the right to return payments sent to your US Receiving Account to the Payor for any reason. This may occur if we are unable to verify the information you provide about your Payor in the receipt you provide or for some other reason. Higlobe

may return these payments to the Payor, and any costs related to this will be borne by either the Payor or you, at Higlobe’s sole discretion.

Higlobe will not be liable for any fees or costs caused by placing a hold on or returning a payment or payments. Higlobe will not be liable for any lost profits or any punitive or consequential damages resulting from held or returned payments.

Please note that transfers of $10,000 or more may be held for up to 24 hours in addition to any necessary transfer time in certain cases.

In addition, the first payment you receive from any new Payor may be held for up to 24 hours to enable us to verify certain information about the Payor and the payment.

2.7 Account Suspension and Termination

We reserve the right to suspend or close your Higlobe account at any time for any reason. We will complete any withdrawals that you have initiated prior to account closure, and when closing your Higlobe account we will typically transfer any amounts you have on deposit in your Higlobe account to the local bank account we have on file for you, except in certain cases where you may have violated the Acceptable Use Policy. We will not be liable to you for any losses that you incur in connection with our closure or suspension of your account.

2.8 Closing Your Higlobe Account

You may close your account and terminate your relationship with us at any time, without cost, but you will remain liable for any outstanding obligations related to your Higlobe account even after the Higlobe account is closed. Closing your Higlobe account will automatically terminate your ability to use your US Receiving Account. You must withdraw any funds on deposit in your Higlobe account before closing it.

In certain circumstances, you will not be able to close your Higlobe account, including:

To evade an investigation
If you have a pending transfer or a payment dispute with Higlobe
If your Higlobe account is subject to a hold or freeze

2.9 Holding Money in your Higlobe Account

You are permitted to retain any funds transferred to you in your Higlobe account in any amount, and for as long as you like. Any funds held in your Higlobe account represent an unsecured claim against us.

Higlobe will maintain all Higlobe account deposits in the form of U.S. dollar-backed stable coins, which we will keep on deposit in one or more custodial accounts we maintain with our custodial service provider.

Higlobe is not a bank and funds you hold in your Higlobe account are not eligible for U.S. federal deposit insurance or for deposit insurance provided by any other country or jurisdiction.

When you maintain a balance in your Higlobe account, we will pool those funds with the deposits of other Higlobe account holders. These pooled amounts are held separate and apart from Higlobe’s corporate funds, and we will neither use these funds for our operating expenses or any other corporate purposes nor will we voluntarily make these funds available to our creditors in the event of bankruptcy.

3 Your Responsibilities and Obligations

3.1 Representations

You represent and warrant: (a) you are who you claim to be in any government identification or other ID submitted to us; (b) all the information you provided to us in connection with opening an account is true and correct; (c) you are a legal, permanent resident of a country other than the United States; and (d) you have an open, functioning demand deposit (checking) account in your name in your country of residence, to which Higlobe or a local financial institution that supports the Higlobe Services can transfer funds.

3.2 Compliance with Laws

You represent and warrant that you will comply (and will cause your employees, agents, and representatives to comply) with all laws applicable to your business and the Services. Use of the Services is subject to all applicable U.S and receiving country laws and regulations regarding the prevention of terrorist financing and anti-money laundering. Your use of the Services will comply with such laws and regulations, including, without limitation, the sanctions programs administered by the Office of Foreign Assets Control of the United States Department of the Treasury.

3.3 Password Security and Keeping Your Email and Address Current

You are responsible for maintaining adequate security and control of any and all IDs, passwords, email accounts, phones, personal computers and any other codes or devices that you use or may be used to access your Higlobe account and the Services. You are responsible for keeping your mailing address, email address and the other information and documentation you have provided to us when opening your account up to date. If any of the information you have provided changes (for example, if you move, or change your email or phone number) you must inform us. In addition, if you obtain an amended [or renewed] identification document, you are responsible for providing a copy to Higlobe. To update any of your account information, or to provide a copy of an amended identification document, please contact [email protected]. We will not have any liability to you for any unauthorized withdrawal made using your password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. Accordingly, you should use a strong password and log into your account regularly and review your transfer history for unauthorized transfers or access.

Higlobe has an account recovery process. If you have a problem accessing your account, please contact Higlobe customer service at [email protected].

Higlobe disclaims any financial responsibility if your Higlobe account is accessed by a third party such as a hacker as a result of fraud or negligence by you.

3.4 Prohibited Activities

You may not use the Services for any illegal purposes or for any services, activities, or business types we have identified as prohibited as set forth in our Acceptable Use Policy or below (each, a ‘Prohibited Activity”). We retain full rights over the customers and the industry types we elect to service. We may amend the Acceptable Use Policy at any time by posting a revised version on our website.

You may not use the Services or your Higlobe Account in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the Office of Foreign Assets Control of the United States Department of the Treasury.

In addition, you agree that you will not use our website, your Higlobe account, Higlobe Services, or your US Receiving Account to do any of the following:

Receive or make a payment or transfer for a personal (non-commercial) purpose;
Breach these Terms, our Acceptable Use Policy, or any other Higlobe policy or agreement between you and us;
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Act in a manner that is defamatory, trade libelous, threatening or harassing;
Attempt to structure one or more transfer in a manner intended to evade any application transfer limitation, transaction reporting or anti-money laundering statutes
Provide false, inaccurate, or misleading information regarding yourself, a Payor, or any other aspect of a transfer or withdrawal in a receipt or otherwise;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Transfer or attempt to transfer funds to a third party account (i.e., an account that is not yours) in connection with a withdrawal or otherwise;
Take any action that imposes an unreasonable or disproportionately large load on our website, software, systems (including any networks and servers used to provide any Higlobe Service) operated by us or on our behalf or the Higlobe Services;
Facilitate any viruses, trojan horses, malware, worms, or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information, or Higlobe Services;
Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
Interfere or disrupt or attempt to interfere with or disrupt our website or software, or any systems (including any networks and servers used to provide any of the Higlobe Services) operated by us or on our behalf, any Higlobe Services or other users’ use of any of the Higlobe Services;
Attempt to accept a payment from a Payor located outside of the United States;
Take any action that may cause us to lose any of the services from our Internet service providers, local bank partners, custodial service providers, or other suppliers or service providers.

3.5 Actions We may take if you engage in Prohibited Activities

If we believe that you’ve engaged in any Prohibited Activities, we may take a number of actions to protect ourselves, our account holders, and others at any time, at our sole discretion. The actions we may take include, but are not limited to, the following:

Terminate our relationship with you, the provision of Higlobe Services to you, and/or freeze or close your Higlobe account (including your US Receiving Account), immediately and without penalty to us;
Refuse to provide Higlobe Services to you in the future;
Limit your access to our website, software, and systems operated by us or on our behalf, your Higlobe account and US Receiving Account or any Higlobe Service, including limiting your ability to receive money or to withdraw money through your local bank;
Hold funds in your Higlobe account for up to 180 days if reasonably necessary to protect against the risk of liability or if you have violated our Acceptable Use Policy or these Terms;
Update inaccurate information you provided us; or
Report you to the appropriate governmental agency or take legal action against you.

If you violate our Acceptable Use Policy, then you are also responsible for damages caused by your violation of this policy.

If we close your Higlobe account or terminate your use of the Higlobe Services for any reason, we will provide you with notice of our actions and, except as noted above, we’ll make any funds in your Higlobe account available for withdrawal and transfer to your local bank by you.

3.6 Taxes and reporting

You are responsible for the reporting and the payment of your Taxes.

In particular, you are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of the Services or in connection with the transaction or transactions underlying the payments facilitated by the Services whether in your home country or the US (“Taxes”).

You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority in both the United States and in your home country. We are not obligated to, nor will we determine, whether U.S. or home country Taxes apply to your receipt or withdrawal of funds, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction or services for which you are being paid. We specifically disclaim any liability for Taxes that are, or may be, imposed on payments deposited to your account or withdrawn by you.

While we do not routinely report payments made through Higlobe to any U.S. or foreign tax authority, you acknowledge that we may make certain reports to U.S. or other national tax authorities regarding payments that we process if or when required by U.S. or other national, state or local laws.

3.7 Changes to the Services

We will occasionally provide upgrades to the Services and its functionality to improve your experience, although these upgrades may not be consistent across all platforms and devices. You agree to take no action to interfere with such upgrades and changes to the Services. We have the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Services including, but not limited to, the hours of availability, equipment needed for access or use, the maximum or minimum transfer amounts or the availability of the Services on any particular device or platform. We have no obligation to but will make a reasonable effort to provide you with notice of any such changes .

3.8 U.S. Receiving Account Closure/Dormant Accounts

If you do not sign into your Higlobe account for a period of three months following the expiration of your subscription period, we reserve the right to close your US Receiving Account. If you do not sign into your Higlobe account for a period of six months following the expiration of your subscription period, we reserve the right to treat your account as dormant. If we declare your account to be dormant, we reserve the right to close your Higlobe account and to attempt to transfer any balance in your Higlobe account to the local bank account used by you in connection with your last withdrawal. If we are unable to transfer your balance to this account (either because the local bank account is closed or because you never made a withdrawal), we reserve the right to, in accordance with principles of escheat, to deliver the balance to the appropriate governmental office or agency in accordance with relevant unclaimed property (escheat) laws.

4 Limited Guarantees

4.1 Delivery Warranty

In the vast majority of cases, you will receive your withdrawal within seconds or minutes, though in some cases it may take up to two days. With that in mind, we make the following guaranty with respect to the timing of your transfer:

Provided that your funds are fully available for withdrawal by you, we guarantee that our local partner will send your funds for delivery to the local bank account provided to us by you within two business days of your submission of a withdrawal request to us, subject to the limitations described below. If your funds are not sent within two business days, subject to the limitations below, we will either (i) for account holders who are using a free tier of Higlobe Service, increase the amount of funds you may transfer without having to purchase a subscription plan, or (ii) for account holders who have purchased a subscription plan, credit you with a free month of Higlobe service.

Please note that this guarantee is not a guarantee that your funds will in all cases arrive at (i.e. be credited to and available for withdrawal from) your local bank account within two business days of submission by you of a withdrawal request. Higlobe does not control and is not responsible for delays attributable to the banking system in your country or to your local bank.

Please note that this guaranty does not apply to any withdrawal where (i) either you or the Payor are subject to any anti-money laundering or comparable government restrictions on payment at the time of withdrawal, or (ii) the payment represented by the withdrawal does not otherwise comply with Higlobe policies, such as our Acceptable Use policy. Higlobe reserves the right to verify all claims for reimbursement under this guarantee.

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4.2 Limited Warranty against Losses

Higlobe has confidence in the safety and security of its systems and service providers.

With that in mind, Higlobe agrees, if funds you have received are lost for any reason between the time they are received into your Higlobe US receiving account and when they are sent by our local partner for delivery to the local bank account provided to us by you in a withdrawal request, subject to the exceptions and limitations set forth below, to reimburse you for any such lost amounts, up to $20,000 per customer.

Exceptions:

This limited warranty does not apply to, and you will not be reimbursed for, any loss caused in whole or in part by:

(i) fraud or negligence on your part (for example, by way of illustration only, if you are careless or negligent in the steps you take to maintain the confidentiality of your Higlobe password or other relevant information, such as your email password);

(ii) a seizure, confiscation, hold, or freeze (whether temporary or permanent) of funds in your Higlobe account or in the process of being transferred by Higlobe, by a US or foreign governmental or banking agency or regulator, in connection with (i) actual or suspected illegal activity by you, whether or not such activity is related to the payment seized, confiscated, held or frozen, (ii) any actual or suspected violation by you of the tax, AML, KYC, OFAC sanctions or similar laws of the US or any other country, (iii) a violation by you of the Higlobe Authorized Use policy or these Terms; or

(iii) a Force Majeure Event. A “Force Majeure Event” means the failure, corruption, or permanent destruction of any infrastructure used by Higlobe in the provision of its service, the failure of any bank used by Higlobe to receive your funds or to process your withdrawal, or any systemic bank failure, whether temporary or permanent, in any county.

In addition, this limited warranty assumes you are in compliance with these Terms, including the Terms of any of our services providers or local partners that are incorporated in these Terms. Accordingly, you will not be reimbursed for any losses incurred by you while you are in violation of these Terms or the Terms of any of our service providers or local partners that are incorporated in these Terms.

Limitations

This limited warranty is limited to a maximum payout of $1,000,000 in the aggregate. In no event shall Higlobe’s liability under this limited warranty exceed $1,000,000. If Higlobe receives multiple claims under this warranty that, when aggregated, exceed $1,000,000, Higlobe will reimburse you and other affected customers who submit claims under this warranty in an amount that Higlobe determines, in its sole discretion, is fairest to all the customers who have submitted claims. Accordingly, in some cases you may receive less than the full amount of your loss. In addition, Higlobe reserves the right to determine, in its sole discretion, when and to what extent multiple claims should be aggregated for purposes of this limited warranty.

Any claim made under this limited warranty is subject to verification and confirmation by Higlobe. Higlobe reserves the right to deny reimbursement of any claim that (i) falls within one or more of the exceptions set forth above, (ii) is prohibited by law or (iii) would cause Higlobe’s total liability under this limited warranty to exceed $1,000,000.

4.3 Lowest Total Cost Guarantee - Available to Customers in Brazil and Mexico‍

Higlobe guarantees that the cost to use our service for USD transfers to Brazil or Mexico will be equal to or less than the total cost charged by any other money transfer service that provides the same level of service as Higlobe in either country.

If you are an existing Higlobe customer in Brazil or Mexico who has received one or more transfers through Higlobe and you receive a bona fide offer from a competing money transfer service that provides the same level of service as Higlobe to transfer a USD payment to Brazil or Mexico from the U.S. at a lower total cost, Higlobe agrees, subject to our ability to confirm that the offer is genuine, that the level of service offered is the same, and to the limitations below, to match the lower price by making up the difference between the total cost of the service offered and the total cost to use Higlobe, as described in more detail below.

To qualify for compensation under the guarantee, the total cost to use the competing service must be less than the total cost to use Higlobe to transfer a comparable sum. The “total cost” to use the competing service includes (i) the base FX rate used, (ii) the “spread” or margin, if any, applied to the FX rate used, (iii) any IOF or other taxes charged in connection with the transfer, and (iv) any fees charged in connection with the transfer.

By agreeing to match the lower price, Higlobe is agreeing to compensate you for the difference in value between the total cost to use Higlobe’s service and the lower total cost you would be charged for a transfer under the terms of the competing offer of a comparable dollar amount from a company offering the same level of service as Higlobe. This compensation may take one or more of several forms, in Higlobe’s sole discretion, including, without limitation, (i) a cash payment or credit to your Higlobe account, (ii) the issuance of a Higlobe payment of gift card, and/or (iii) a rebate or credit applied to future transfers through Higlobe. Higlobe also reserves the right to take into account and to apply any limitations or conditions that apply to the competing offer (such as the duration of the offer, or any transfer size or volume limitations) when determining the amount of compensation Higlobe will award under this guarantee.

This guarantee is only available to existing Higlobe customers in Brazil or Mexico who have received one or more transfers through the Higlobe service, and all transfers must include a conversion from USD to Brazilian reais or Mexican pesos to qualify. Higlobe reserves the right to verify all claims submitted under this guarantee, and to reject any claim that cannot be substantiated to our satisfaction. In addition, Higlobe reserves the right to refuse payment under this guarantee in connection with any claim that it determines, in its sole discretion, to be abusive, inaccurate, or made in bad faith. All determinations by Higlobe are final.

To submit a claim under this guarantee, please email [email protected]. All claims submitted must be accompanied by supporting documentation, which can be in the form of screenshots, to be considered. Claims submitted without supporting documentation will not be considered.

5 General Provisions

5.1 Indemnification

You agree to defend, indemnify, and hold us and our employees, directors, agents, and affiliates (collectively, “Higlobe Parties”) harmless from and against and all claims, costs, losses, damages, judgments, taxes, penalties, interest, and expenses (including reasonable attorneys’ fees) based on or arising out of any claim, action, audit, investigation, inquiry, or other proceeding that relates to (a) your breach of any provision of these Terms (including our Acceptable Use Policy and other policies applicable to you); (b) your use of your Higlobe account and the Services; (c) your obligation to pay amounts owing to us or third parties; and (d) negligence, fraud or willful misconduct by you, your employees, contractors, or agents.

In addition, you will indemnify, defend, and hold the Higlobe Parties harmless from and against any and all claims, costs, losses, damages, judgments, taxes, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction or services that is the basis for any payment made to you through Higlobe Services (including the accuracy of any content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you).

5.2 Limitation of Liability

In no event will the Higlobe Parties be liable for any lost profits, lost revenue, lost business opportunity, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to these Terms or your use of your Higlobe account and the Services, including without limitation the use of, inability to use, or unavailability of the Services. Under no circumstances will any of the Higlobe Parties be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Service, the loss of any funds in your Higlobe account, or your personal data, in each case caused by or resulting from your failure to use or implement proper and sufficient security controls or procedures that are appropriate for your use of the Higlobe Services.

Higlobe Parties assume no liability or responsibility for any (a) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of your Higlobe account and the Services; (b) any misuse of the Services or related data, including any use of the Services that contravenes our Approved Use policy; (c) any interruption or cessation of transmission to or from your Higlobe account; (d) any software bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, or omissions in the Services or your data, or any loss or damage resulting therefrom (other than the transfer amount, for which Higlobe will be responsible), regardless of the manner of transmission; (f) defamatory, offensive, or (subject to our obligation to safeguard funds in our care) illegal conduct of any third party; or (g) being prevented from, hindered or delayed by reason of acts of God, war or war-like hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labor or act of state, including currency control measures, in our performance under these Terms.

In addition, the Higlobe Parties’ total liability to you is limited to direct damages and in all events will not exceed in the aggregate amounts actually received by us for providing the Services to you during the three (3) month period immediately preceding the event that gives rise to the claim for liability. Higlobe expressly disclaims any responsibility for indirect, special, consequential or exemplary damages.

This limitation of liability section applies regardless of the legal theory that the claim is based on, including without limitation contract, tort (including negligence), strict liability, vicarious liability, or any other basis. The limitations apply even if we have been advised of the possibility of such damage.

The foregoing will apply to the fullest extent permitted by law.

5.3 No Warranty; Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND, EXCEPT AS PROVIDED IN SECTION 4 ABOVE, WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE HIGLOBE PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not have any control over your provision of the products or services that you are being paid for with the Services or your proper billing for the same. Nor do we have any control over Payors from whom you are expecting or are owed payment. We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our site may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for withdrawals involving your account are processed in a timely manner but, except to the limited extent provided in Section 4 above, we make no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the U.S. or your domestic banking systems in general, delays on the part of our U.S and/or local agents and delays or possible service interruptions at Higlobe partner service providers. Certain Services may not be available to you based on residency, geographic location or other eligibility criteria. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

5.4 Entire Agreement

These Terms and all policies and procedures that are referenced herein or incorporated by reference (including, without limitation, the Acceptable Use Policy and the Consent to Electronic Delivery) constitute the entire agreement between you and Higlobe for provision and use of your Higlobe account and the xServices. Except where expressly stated otherwise in a writing executed between you and us, these Terms will prevail over any conflicting policy or agreement for the provision or use of your Higlobe account or the Services. These Terms set forth your exclusive remedies with respect to your Higlobe account and the Services. If any provision or portion of these Terms is held to be invalid or unenforceable under law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.

5.5 Modification

In the event that we make changes to these Terms, we will post the new terms on our website. You agree to the new-posted terms by continuing your use of your Higlobe account and the Services. If you do not agree with the modified terms, your sole remedy is to close your Higlobe account and discontinue using the Services.

5.6 Waiver.

The waiver by either party of a breach of any provision hereof shall not be construed as a waiver of any succeeding breach of the same or any other provision. No delay or omission on our part to avail ourselves of any right that we have or may have under these Terms shall operate as a waiver of any such right by us.

5.7 Intellectual Property.

All right, title, and interest in the Services and associated software, website and technology, including all intellectual property rights therein, are and will remain with Higlobe, or our partners, affiliates or third party licensors. No right or interest in the intellectual property pertaining to the Services is conveyed herein. The software, website and the Services are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved .

5.8 Agreement to Arbitrate

Arbitration: In the interest of resolving disputes between you and Higlobe in the most expedient and cost-effective manner, you and Higlobe agree that every dispute arising in connection with this these Terms, your Higlobe account, or the Services will be resolved by binding arbitration to be conducted in the United States. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same monetary damages and relief that a court can award (although the arbitrator must abide by the contractual limits on damages in these Terms) and must enforce applicable statutes of limitation and legal defenses. Your agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, your Higlobe account or the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
BY ENTERING IN THIS AGREEMENT, YOU AND HIGLOBE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS.

Waiver of Class Actions and Right to Trial by Jury. To the fullest extent permitted by law, you waive any right to a trial by jury and you agree that you may bring claims against Higlobe only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. CLASS ACTIONS, CLASS ARBITRATIONS, REPRESENTATIVE ACTIONS, AND/OR CONSOLIDATION OF ACTIONS OR ARBITRATIONS ARE NOT ALLOWED. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION .

Procedures. Any arbitration between you and Higlobe will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and, where the claim is by or against a natural person and involves a product or service for personal or household use then the AAA Consumer Rules (collectively, “ AAA Rules ”) of the American Arbitration Association (the “ AAA ”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org.

Notice. If you intend to seek arbitration, you must first send a written notice (“ Notice ”) of your claim or dispute to Higlobe by certified mail or by Federal Express (signature required) to: 228 Hamilton Ave, 3rd Floor, Palo Alto, California 94301 Attn: LEGAL, with a copy to [email protected]. The Notice must describe: (a) the nature and basis of the claim or dispute; and (b) the remedy that you want (“ Demand ”). You and Higlobe agree to make good faith efforts to resolve the claim directly, but if you and Higlobe do not reach an agreement within 30 days after the Notice is received, you or Higlobe may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Higlobe must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Fees. If you commence arbitration in accordance with these Terms, the payment of fees related to the arbitration will be decided by the AAA Rules. However, if the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in U.S. Federal Rule of Civil Procedure 11(b)), You agree to reimburse Higlobe for any fees paid on your behalf that would otherwise be your obligation under the AAA Rules.

Location. The arbitration hearing will take place at a location to be agreed upon in New York, New York, USA. If your claim is for one thousand ($1,000) or less, you may request that the arbitration be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules.

Exceptions to Agreement to Arbitrate. Notwithstanding any other provision of this Section 5.8, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right to: (a) bring an individual (non-class, non-representative) action in small claims court in the United States so long as such action remains in small claims court; (b) pursue a private general attorney action where arbitration cannot be required under applicable law; (c) seek injunctive relief in a court of law in the United States; or (d) file suit in a court of law to address an intellectual property infringement claim.

5.9 Governing Law and Venue

Higlobe is a U.S. company. Except to the extent inconsistent with or preempted by federal law, the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Higlobe.

Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue of any state or federal district court sitting in the county of New York in the state New York.

5.10 Assignment

You may not transfer or assign any rights or obligations you have under these Terms without our prior written consent. We reserve the right to transfer or assign these Terms or any right or obligation under these Terms at any time. These Terms shall inure to the benefit of all permitted successors and assigns.

5.11 Force Majeure

Neither we nor you will be liable for any delays in processing or other nonperformance caused by telecommunications utility failures, or equipment failures; labor strife, riots, war, or terrorist attacks; global pandemics; nonperformance of our partners or affiliates, fires or acts of nature; or any other event over which we have no reasonable control.

5.12 Severability.

In the event that any provision contained herein shall for any reason be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, to such extent such provision shall be deemed null and void and severed from these Terms, the remainder hereof shall remain in full force and effect and enforceable.

5.13 Survival

The following shall survive the termination of these Term: (i) all liabilities accrued under these Terms prior to the effective date of termination; (ii) all provisions that give rise to a party’s ongoing obligation; (iii) all provisions of Sections 5.1, 5.2, 5.3, 5.7, 5.8, and 5.9 of these Terms; and (iv) any other terms which by their nature should survive.

5.14 Notices to You

You agree that we may provide you communications about your Higlobe account and the Services electronically to the email address or by mail to the mailing address registered on your Higlobe account. Any electronic communications will be considered to be received by you within 24 hours after the time we post it to our website or email it to you. Any communications sent to you by postal mail will be considered received by you seven (7) business days after we send it.

5.15 Notices to Us

Notices to Higlobe must be sent to 228 Hamilton Ave, 3rd Floor, Palo Alto, California, 94301 Attention: Legal, with a copy to [email protected].

5.16 Contacting Us

You may contact us at any time by email to [email protected].

5.17 Notice to Customers Regarding Payment Cards Purchased through Higlobe

While Higlobe allows you to purchase prepaid payment cards as part of its service, Higlobe is not the issuer of these cards. In all cases, prepaid payment cards purchased through Higlobe are subject to additional Terms of Service or to a Cardholder Agreement, or to both, which you must agree to when purchasing a payment card. The CardholderAgreement, if applicable, will identify the card issuer and will set forth the terms and limitations of the prepaid payment card as well as your and the card issuer’s rights and obligations in connection with your use of the prepaid payment card. Higlobe is not a party to the Cardholder Agreement or to any related Terms of Service. Accordingly, Higlobe disclaims any liability in connection with any dispute between you and the prepaid payment card issuer. Please read the Cardholder Agreement or Terms of Service carefully before purchasing a prepaid payment card through Higlobe.

Acceptable Use Policy

This Acceptable Use Policy lists entities and activities that Higlobe prohibits or limits because they may be illegal or inappropriate in connection with the use of our Services and applies to any person or entity using our Service and any transfers that we are asked to process. Higlobe retains full rights over the customers and the industry types we elect to service. We may amend this Acceptable Use Policy at any time by posting a revised version on our website.

You are independently responsible for complying with all applicable laws in all of your actions related to your use of the Higlobe Services, regardless of the purpose of the use. In addition, you must not open a Higlobe account or otherwise use Higlobe Services if any of the following apply to you.

Prohibited Users and Activities

You may not use Higlobe Services if you are, or for:

Countries, governments, entities and individuals subject to sanctions or included in any applicable internal lists;
Customers engaged in the defense sector or the manufacture or production of arms, military equipment or weapons of mass destruction. This includes, but is not limited to: anti personnel mines, chemical weapons, cluster munitions, military equipment or technology, nuclear weapons, military and dual-use equipment, internal repression equipment and security and police equipment;

There may be instances, dependent on the customer type or nature of business that may require an analysis of the customer’s activity/operations in the defense sector and annual revenue and percentage of sales/revenue attributed to the above referenced defense sector activities.

Anonymous or numbered accounts or Customers seeking to maintain an account in an obviously fictitious name;
New bearer share issuance or issued bearer shares that have not been immobilized or are not with an approved custodian;
Customers whose identities are not known or cannot be verified;
Customers exited for financial crime concerns. In addition, customers or related parties where there is a strong suspicion or direct evidence that criminal activity has taken place, where a criminal offence has been committed and charges have been brought or where there is a suspicion of terrorist financing;
Shell banks – i.e., an entity that has no physical existence in the country in which it is incorporated and licensed, and which is unaffiliated with a regulated financial group that is subject to effect consolidated supervision (Section 313 of the USA PATRIOT Act);
Unlicensed or unregistered money services businesses – i.e., companies offering services involving money/currency exchange, money transfer, cheque cashing, and issuing or selling travelers cheques, money orders or stored value cards that meet the regulatory definition;
Internet Gaming Companies, their principals, and their payment processors and companies whose main source of revenue is derived from either the development of gambling software or hosting environments as defined in the Unlawful Internet Gambling Act of 2006 (UIGEA) and Prohibition of Funding of Unlawful Internet Gambling (“ Regulation GG ”);
Adult entertainment businesses, escort services and sexually oriented or pornographic products and services;
Payday lenders, their owners and principals;
Missions, embassies and consulates;

In addition, Higlobe services may not be used in Brazil for the offer, purchase or sale of, or by companies that are engaged in the offer, purchase or sale of, the following goods or services:

alcohol, tobacco or nicotine;
precious metals;
controlled substances or other products that pose a risk to consumer safety; drugs or similar illegal substances, including substances for the manufacture of drugs;
unauthorized file sharing;
live animals;
legal or medical advice;
medications or tools for the production, handling or consumption of medications;
military weapons or explosive devices;
products or services sold by multi-level marketing companies or pyramid schemes;
products or services sold by political or religious organizations;
products that infringe of violate intellectual property rights, such as patents, trademarks, or copyrights;
products related to pedophilia, child pornography, or the nudity of minors, as well as products or services in any way involving the illegal participation of minors;
stolen, smuggled, counterfeit, adulterated or illegally copied products;
sports forecasting or odds-making services;
products or services sold or provided by, or donations to, charitable organizations;
works or art or antiquities; and
any other product, service, or activity from or to any jurisdiction in which such product, service or activity is illegal.

CONSENT TO ELECTRONIC DELIVERY OF COMMUNICATIONS AND USE OF ELECTRONIC SIGNATURES

This E-SIGN Disclosure and Consent (“ Consent ”) allows Higlobe, Inc., on behalf of itself, its subsidiaries, its partners and affiliates and any service providers (“ Higlobe ” or “ We ”), to provide you (“ you ” or “ your ”) with electronic versions of communications, notices, agreements, statements, or disclosures (“ Communications ”) associated with your Higlobe account or your use of or interactions with Higlobe’s products, services, or other offerings (collectively, the “ Services ”).

By opening a Higlobe account or using the Services, you are agreeing to this Consent and that Higlobe may, in its sole discretion, send you Communications electronically by email or by making them accessible via the Higlobe website or application.

All Communications provided electronically to you under this Consent will be considered to have been provided “in writing.”

Communications covered by this Consent include, but are not limited to: (1) agreements, disclosures, policies and notices related to your Higlobe account or your use of the Services (such as Higlobe’s Terms of Use, Privacy Policy and Acceptable Use Policy), (2) Higlobe payment or transfer records, (3) account statements and history, and (4) any disclosure or notice required under applicable U.S. federal, state or local law to be provided “in writing”.

This Consent also allows Higlobe to use electronic signatures and obtain them from you.

SYSTEM REQUIREMENTS: In order to receive Communications, you need to have a means of printing or storing them. So, in addition to having an email address, you must have (and by providing your consent to this Electronic Delivery Policy, you are confirming that you do have) access to the following:

Computer or mobile device with Internet connection;
A current web browser with cookies enabled;
A valid email address on file in your Higlobe account profile;
Ability to store or print the Communications; and
if you use a spam blocker, you must add [email protected] to your email address book or whitelist

Keeping your Contact Information Updated

It is your responsibility to keep your primary email address and other electronic addresses up-to-date so that Higlobe can communicate with you electronically. By consenting here, you agree that if we send you an electronic Communication but you do not receive it because your electronic address is incorrect or out-of-date, or you cannot receive electronic Communications as provided under this Consent, Higlobe will have met any requirement to provide the Communication to you.

Print Disclosures

We recommend that you print a copy of this Consent and any Communication that you view electronically for your records as the Communication may not be accessible online at a later date.

Termination or Changes to the Consent

We reserve the right, in our sole discretion, to terminate or change this Consent or the way in which we provide you with Communications.

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