Before accessing or using XFacil services, please carefully read these terms and conditions. This Agreement sets forth the availability and conditions of use for the services provided by us (“we,” “XFacil,” as defined below). It is essential that you read and fully understand the contents of each clause. By accessing and using our services, you acknowledge that you have read these terms. If you do not agree to all the terms and conditions outlined herein, please do not proceed with the registration process.

 

When you (“Customer,” “Merchant,” “you/your,” “any authorized user”) create an XFacil account or use XFacil services, this Agreement becomes immediately effective and legally binding as of the Effective Date. Thereafter, this Agreement remains in effect until you close your XFacil account and terminate the use of XFacil services. Your acceptance of this Agreement indicates that you fully understand and agree to these terms and conditions.

 

We may revise these terms at any time by posting an updated version. The updated terms become effective immediately upon posting. Each time you access your account, you confirm your agreement to be bound by these periodically revised terms. If you do not accept the updated terms, please discontinue using our services immediately.

 

1. Registration

1.1 You acknowledge that you and your use of XFacil services will be subject to applicable mandatory legal requirements. You are fully responsible for understanding and complying with the laws and regulations of your home country, as well as any laws and regulations that may apply to your use of XFacil services, depending on the jurisdiction of your account.

 

1.2 The obligations under this Agreement are conditional upon our acceptance of you as our customer. We reserve the right, at our sole discretion, to accept or reject your registration application and consider you as our customer.

 

1.3 Upon completing the registration process, an account will be created for you. When activating your account, you may be required to provide verification information, including but not limited to company documents, ownership structure, personal information of management personnel, and your contact details.

 

1.4 You are responsible for providing accurate registration information and for keeping your registration information up to date in the event of any changes. We may verify your registration and other information through third-party verification vendors or public research resources. You agree to provide all necessary information and to assist and cooperate with any reasonable requests for verification.

 

1.5 The information you provide will be used to determine your eligibility to start and/or continue using the account or services. If we are unable to obtain or verify your information, we reserve the right to close, suspend, or restrict your access to the account.

 

2. XFacil Services

2.1 XFacil is not a bank or a provider of stored value services, and XFacil's services shall not be construed as providing banking services or stored value services in any manner. By accepting these terms and conditions, you acknowledge that XFacil has the right to retain any interest related to the total funds held in XFacil's bank accounts. You further acknowledge that the payment account does not qualify as a deposit account under applicable laws and regulations, and therefore, the funds you hold in your XFacil account or during transactions are not insured.

 

2.2 XFacil provides you, the customer, with a range of services that allow you to engage in the following activities:

A. Incoming Transactions: Receive incoming funds from approved platforms or payers into a designated recipient account;

B. Withdrawal Transactions: Withdraw funds from the recipient account to your local withdrawal bank account in accordance with the withdrawal instructions;

C. Payment Transactions: Initiate payments from your XFacil account to approved recipients;

D. Currency Exchanges: Convert funds in your account into other currencies;

E. Checkout: Receiving online payments from approved merchants into your account; and

F. Other value-added services available in the XFacil account.

 

2.3 To provide XFacil services, XFacil may rely on financial institutions, third-party banks, and/or payment providers.

 

3. XFacil Account

3.1 You may only use the XFacil services through your XFacil account for your own business, and not on behalf of any other individual or entity. However, in certain circumstances approved by XFacil, you may need written confirmation from the authorized party to conduct transactions on their behalf, along with any other documents that may assist us in complying with our compliance policies.

 

3.2 Your username and password are unique to your account. You must not share or distribute your username and password with others, nor allow anyone else to use the same username and password. You acknowledge that sharing or distributing your username and password (collectively referred to as "multiple use") could cause irreparable harm to XFacil, and you shall indemnify XFacil to the extent permitted by applicable law for any loss or damage incurred as a result of such multiple use.

 

3.3 You shall use the account or services in good faith and in compliance with all applicable laws and regulations. The information and materials you provide in connection with the account or your use of the services must be true, accurate, current, and complete, without any false, misleading, or deceptive elements. You must not use your account or services to defraud XFacil, its affiliates, or any other person, nor engage in any other illegal activities.

 

4. Incoming Transactions

4.1 Only platforms or payers approved by XFacil may make payments to your XFacil recipient account. The approval of platforms or payers is at the sole discretion of XFacil. Any incoming payments that have not been approved by XFacil may be rejected. Any costs and fees associated with rejected payments shall be borne by you (if any). You agree that accepting funds through XFacil services does not violate any agreements you have with platforms or other parties.

 

4.2 You may receive funds in various currencies, and the list of available currencies will be updated in your XFacil account. XFacil may enable or disable any currencies from time to time. The currency account is held by a bank in the currency's country of origin or by a bank established by that country in other countries.

 

4.3 You may provide XFacil account credentials to platforms from which you wish to receive payments through XFacil services. Please note that a XFacil account is not a bank account, and you may not perform any activities beyond the scope of XFacil services. You agree to refrain from direct communication with banks supporting XFacil services, as any direct communication with such banks or other payment providers regarding XFacil services may result in the immediate termination of your use of XFacil services unless you have prior written approval from an authorized XFacil representative for such communication.

 

4.4 The timing of incoming transactions to XFacil is influenced by multiple factors, and XFacil makes no promises or guarantees in this regard. We have the right to conduct an investigation on your behalf upon your request, but XFacil is under no obligation to resolve any issues or disputes regarding incoming transactions.

 

5. Payment Transactions

5.1 You must ensure that any payment instructions contain all the information required within your XFacil account, including any information necessary for XFacil to comply with applicable laws. XFacil reserves the right to review the transaction details of such payments or request additional supporting documentation from you and may refuse to process your payment instructions based on internal compliance policies.

 

5.2 XFacil may refuse to execute a payment instruction if there are technical issues or if the information provided by the customer is untrue, inaccurate, or incomplete. When a payment instruction is refused, XFacil will make reasonable efforts to display the details of the refusal in its account.

 

5.3 You may need to deposit a certain amount of funds into your XFacil account to ensure you have a sufficient XFacil balance for us to execute outgoing payment instructions, provided that such funds shall not, under any circumstances, be considered as deposits under applicable law.

 

6. Withdrawal Transactions

6.1 You may only receive funds in withdrawal accounts approved by XFacil. XFacil reserves the right to refuse any withdrawal instructions to bank accounts that do not belong to you or where you are not the account holder, unless explicitly approved by us. You must be the sole account holder of your withdrawal account unless otherwise approved by us.

 

6.2 You must ensure that your withdrawal account information is true, accurate, and complete, and capable of receiving funds. We are not responsible for any fund transfer errors resulting from inaccurate withdrawal account information provided by you. If a payment is rejected due to inaccurate, incomplete, or untrue withdrawal account information provided by you, you will be responsible for any associated fees. Funds will be held by XFacil until you provide a valid withdrawal account if your bank rejects XFacil’s withdrawal.

 

6.3 XFacil reserves the right to refuse to execute any withdrawal to accounts that do not comply with XFacil's compliance requirements or violate applicable laws.

 

7. Currency Exchanges

7.1 You may independently perform foreign currency exchanges through XFacil or as auxiliary transactions related to withdrawals or payments where the original currency differs from the payment currency. We only offer foreign currency exchange services for supported currencies.

 

7.2 We may refuse to execute your currency exchange instructions if we believe they violate applicable laws or our risk management policies, including restrictions on your account.

 

7.3 Your currency exchange instructions will only be accepted when we are satisfied that they are complete and comply with our risk management policies and applicable laws. Once we accept your currency exchange instructions, they cannot be cancelled by you.

 

8. Checkout

8.1 XFacil allows you to accept online payments from customers, including credit cards and other alternative payment methods. As a payment intermediary, XFacil is responsible for submitting transactions and receiving settlements on your behalf from acquiring banks or payment aggregators. You must establish and maintain an approved merchant store under the conditions specified in the agreement and ensure compliance with the agreement requirements.

 

8.2 You are required to provide additional identity verification documents to comply with the KYC policies and procedures of the acquiring bank or payment aggregator. During the use of checkout services, XFacil reserves the right to request further information from you to identify or verify your business, ensuring compliance with relevant legal and regulatory requirements.

 

8.3 You can integrate through XFacil’s dedicated checkout API, selecting various functionalities for payment page embedding or redirection. You must ensure the confidentiality of the API key, not share it with third parties, and comply with the API usage terms. XFacil reserves the right to modify the API and release new versions, which you must use. The API usage must comply with the following conditions: it must not disrupt or negatively impact XFacil’s servers or networks, it must not be used to develop or represent third-party services, and it must not mislead users or harm XFacil’s reputation.

 

8.4 XFacil may release additional software components for integration with third-party platforms, allowing you to use and integrate the checkout API to achieve additional functionalities. You must ensure that the third-party platform integration is configured correctly and meets your requirements. XFacil is not responsible for updates or modifications to third-party platform integrations but encourages merchants to notify XFacil if they encounter issues.

 

8.5 Third-party platform integration plugins may include open-source software, which is subject to the terms of applicable open-source licenses. These terms are not restricted by the checkout terms and conditions, and you must comply with the relevant open-source license requirements.

 

8.6 XFacil only processes checkout transactions in supported currencies, with 3D Secure applied by default according to internal risk policies. You may contact customer service to adjust 3D Secure settings and decide on applicable settings based on your risk considerations and relevant laws and regulations. You are responsible for ensuring that your transactions comply with applicable legal and regulatory standards.

 

9. Fees

9.1 All fees that XFacil may charge are detailed in your XFacil account. XFacil reserves the right to adjust existing fees or introduce new fees within reasonable limits, and your continued use of XFacil services constitutes acceptance of all fees.

 

9.2 Fees payable by you will be deducted from your recipient account and collected at the time of transaction execution. You hereby authorize and instruct us to deduct such fees.

 

9.3 Your transactions may involve currency exchange. If a transaction involves currency exchange, it will be completed at the exchange rate determined by XFacil at the time of the respective transaction.
 

10. Termination and Suspension

10.1 If you wish to terminate this Agreement or your XFacil account, you simply need to cease using XFacil services. The Agreement terminates on the date you close your XFacil account and stop using the services. The provisions regarding ownership, representations and warranties, indemnification, jurisdiction and venue, and liability limitations shall survive the termination of this Agreement.

 

10.2 XFacil reserves the right to suspend or terminate all or part of the XFacil services to you at any time and for any reason. We will endeavor to provide advance notice via email where possible, except in cases where you provide false information or engage in dishonest conduct, violate any agreements with XFacil, engage in money laundering, terrorist financing, or other illegal activities, are subject to regulatory actions (including court or government orders), or for other valid reasons as determined by XFacil, in which case XFacil may suspend or terminate all or part of the services without prior notice.

 

10.3 Upon suspension or termination of your XFacil account, any continued attempts to use XFacil services are at your own risk. XFacil assumes no responsibility for any risks and losses incurred thereby and reserves the right to pursue your liabilities accordingly.

 

11. Your Responsibilities and Obligations

11.1 Until the termination of this Agreement, you are obligated to promptly inform XFacil of any changes to your company's KYC, KYB, contact details, or banking account information.

 

11.2 Within three (3) days of our request, you must provide us with all KYC information, business details, documents related to any transactions, and transaction data.

 

11.3 In the event of a breach of the above provisions, you shall be liable for any damages caused to XFacil and responsible for indemnifying damages claimed by third parties.

 

12. Disclaimer

12.1 XFacil and its service providers make no warranties regarding the absence of errors in the services or the continuity and uninterrupted access to them. You understand that you download or otherwise obtain content or services through our XFacil services at your own discretion and risk. XFacil shall not be liable for any special, incidental, or indirect damages, nor for losses resulting from service interruptions or data loss.

 

12.2 XFacil's liability shall not exceed any fees paid to XFacil by you under this Agreement during the six (6) months preceding the occurrence giving rise to the claim.

 

12.3 XFacil's provision of services to you is contingent upon compliance with regulatory requirements. XFacil shall not be liable for any damages that may arise from its failure or incorrect execution of any instructions due to inaccurate, incomplete, or misleading information provided by you.

 

12.4 You acknowledge that XFacil provides its services using facilities provided by banks, payment service providers, settlement networks, and other third-party payment processing services. There are no direct contractual obligations between these service providers and you, thus each service provider assumes no direct liability towards you.

 

12.5 XFacil assumes no responsibility for any of your sales transactions. You are responsible for ensuring that you make payments or receive payments only from individuals or organizations with whom you have legitimate business transactions, and that you comply with legal obligations. You are solely responsible for your products and your transaction activities, and you shall indemnify XFacil against any claims brought by the aforementioned parties.

 

13. Other Provisions

13.1 Severability. If any provision of these terms and conditions is found to be invalid or unenforceable, it shall not affect the validity of the other provisions. In such a case, the parties shall replace the invalid or unenforceable provision with another provision that most closely achieves the economic intent. This approach shall also apply in cases of regulatory gaps.

 

13.2 Governing Law and Jurisdiction. To the fullest extent permitted by applicable law, you agree to indemnify XFacil, its affiliates, and our employees, directors, officers, agents, and representatives from and against any and all losses, damages, actions, claims, and liabilities (including full indemnity for legal fees) arising from your use of your account or services or your breach of these terms.

 

13.3 You agree that all matters relating to your access or use of the account or services, including all disputes arising out of or related to these terms, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.