Terms of Service

Welcome to Payoneer NY Solution. These Terms of Service govern your use of our website and financial advisory services. By accessing or using our services, you agree to be bound by these terms. Please read them carefully.

1. Definitions

• "We," "Us," "Our" refers to Payoneer NY Solution
• "You," "Your," "Client" refers to the individual or entity using our services
• "Services" refers to financial analysis, wealth management, investment advisory, and related services
• "Platform" refers to our website, applications, and online tools
• "Advisor" refers to our licensed financial professionals

2. Eligibility

To use our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete information during registration
• Successfully complete our KYC verification process
• Not be located in a jurisdiction where our services are prohibited
• Not be on any government sanctions list or involved in illegal activities

3. Account Registration and Security

Account Creation

When creating an account, you agree to:

• Provide truthful, accurate, and complete information
• Maintain and promptly update your account information
• Complete the required identity verification process
• Submit necessary documentation for KYC and AML compliance

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Using strong passwords and enabling multi-factor authentication

4. Financial Advisory Services

Nature of Services

Payoneer NY Solution provides financial advisory services including:

• Financial planning and analysis
• Investment portfolio management
• Wealth management strategies
• Tax optimization consulting
• Retirement planning
• Risk assessment and management

Advisory Relationship

Our advisors act as fiduciaries and are required to:

• Act in your best interest at all times
• Provide advice suitable to your financial situation and goals
• Disclose any conflicts of interest
• Maintain confidentiality of your information

5. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete financial information
• Inform us of material changes in your financial situation
• Review all communications and documents we provide
• Ask questions if you don't understand any advice or recommendation
• Make final decisions regarding your investments and financial strategies
• Comply with all applicable laws and regulations
• Pay fees and charges in accordance with our fee schedule

6. Fees and Charges

Fee Structure

Our fees may include:

• Asset-based management fees (percentage of assets under management)
• Hourly consultation fees
• Fixed fees for specific services or financial plans
• Performance-based fees (where applicable and permitted by law)

Payment Terms

• Fees are disclosed in writing before services commence
• Payment is typically deducted from your managed accounts quarterly
• We reserve the right to modify fees with 30 days notice
• You are responsible for all third-party fees (custodian fees, transaction costs, etc.)

7. Investment Decisions and Authority

Discretionary vs. Non-Discretionary

Discretionary Management: If you grant discretionary authority, we may make investment decisions on your behalf without prior approval for each transaction.

Non-Discretionary Advisory: We provide recommendations, but you make all final investment decisions and authorize each transaction.

Limitations

• We do not guarantee investment performance or returns
• We are not responsible for losses resulting from market conditions
• You acknowledge that all investments carry inherent risks
• We do not provide legal or tax advice (consult appropriate professionals)

8. Prohibited Activities

You agree not to:

• Use our services for illegal purposes or money laundering
• Provide false or misleading information
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Transfer your account to another person without our consent
• Use our platform to transmit malware or harmful code
• Violate any applicable laws or regulations
• Engage in market manipulation or insider trading

9. Intellectual Property

All content on our platform, including but not limited to text, graphics, logos, software, and analysis tools, is the property of Payoneer NY Solution and protected by intellectual property laws. You may not:

• Copy, reproduce, or distribute our content without permission
• Use our trademarks or branding without authorization
• Reverse engineer our software or proprietary tools
• Create derivative works based on our content

10. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information. By using our services, you consent to our data practices as described in the Privacy Policy, including:

• Collection of personal and financial information
• KYC and AML verification procedures
• Sharing information with service providers and regulatory authorities
• Use of cookies and tracking technologies

11. Communication and Electronic Delivery

By using our services, you consent to receive communications electronically, including:

• Account statements and confirmations
• Regulatory disclosures and notices
• Marketing communications (you may opt-out)
• Service updates and announcements

Electronic communications have the same legal effect as paper communications.

12. Termination

Termination by You

You may terminate your relationship with us at any time by providing written notice. Upon termination:

• We will cease providing advisory services
• You are responsible for fees incurred up to the termination date
• We will assist with account transfers or liquidations as requested
• We will retain records as required by law

Termination by Us

We reserve the right to terminate or suspend your account if:

• You violate these Terms of Service
• You fail to complete KYC verification
• We suspect fraudulent or illegal activity
• You fail to pay fees or charges
• Continuing the relationship becomes impractical or illegal

13. Limitation of Liability

Our total liability for any claims arising from or related to our services shall not exceed the fees you paid to us in the 12 months preceding the claim.

Exceptions

This limitation does not apply to:

• Liability that cannot be excluded under applicable law
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Willful misconduct or gross negligence

14. Indemnification

You agree to indemnify and hold harmless Payoneer NY Solution and its affiliates from any claims, losses, damages, or expenses (including legal fees) arising from:

• Your violation of these Terms of Service
• Your violation of any laws or regulations
• Your use of our services
• Any information you provide to us
• Your investment decisions

15. Dispute Resolution

Arbitration Agreement

Any dispute arising from or relating to these Terms or our services shall be resolved through binding arbitration rather than in court, except that:

• You may assert claims in small claims court if they qualify
• Either party may seek injunctive relief in court for intellectual property disputes

Arbitration Procedures

• Arbitration will be conducted by the American Arbitration Association (AAA)
• The arbitration will take place in New York, NY
• The arbitrator's decision is final and binding
• Each party bears its own costs unless otherwise awarded

Class Action Waiver

You agree that disputes must be brought on an individual basis only, and not as part of any class or representative action. Class arbitrations and class actions are not permitted.

16. Governing Law

These Terms of Service are governed by the laws of the State of New York and applicable federal laws, without regard to conflict of law principles. Any legal action or proceeding must be brought in the state or federal courts located in New York County, New York.

17. Regulatory Compliance

Payoneer NY Solution is regulated by:

• New York State Department of Financial Services
• Securities and Exchange Commission (SEC)
• Financial Industry Regulatory Authority (FINRA)

We comply with all applicable securities laws, including the Investment Advisers Act of 1940 and state securities regulations.

18. Disclaimers

• No Guarantee: We do not guarantee investment results or returns
• Market Risk: All investments are subject to market risk and may lose value
• Third-Party Information: We are not responsible for the accuracy of third-party data or information
• Platform Availability: We do not guarantee uninterrupted access to our platform
• No Tax or Legal Advice: Our services do not constitute tax or legal advice

19. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including:

• Natural disasters, pandemics, or acts of God
• War, terrorism, or civil unrest
• Government actions or regulatory changes
• Internet or telecommunications failures
• Market closures or suspensions

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements you sign with us, constitute the entire agreement between you and Payoneer NY Solution regarding our services and supersede all prior agreements and understandings.

22. Amendments

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to your registered email address
• Providing notice through our platform

Your continued use of our services after such notice constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue using our services.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or in connection with a merger, acquisition, or sale of assets.

24. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

25. Contact Information

For questions or concerns regarding these Terms of Service, please contact us:

• Email: legal@payonneer-ny.com
• Phone: +1 (212) 459-3847
• Address: 40 Wall Street, Suite 2800, New York, NY 10005
• Compliance Officer: compliance@payonneer-ny.com