Terms and Conditions
These Terms and Conditions ("Terms") govern the relationship between FIN-MECHANICA CORP. ("FinMechanica", "we", "us" or "our") and each individual or entity that accesses our website, platform, application, account functionality or services ("Client", "you" or "your"). By opening or using an account, submitting an instruction, or using a Service, you agree to these Terms, the Privacy Policy, the Acceptable Use Policy, applicable fee schedules, service-specific terms and any lawful instructions or notices provided to you.
1. Regulatory status
FIN-MECHANICA CORP. is registered in Canada with the Financial Transactions and Reports Analysis Centre of Canada ("FINTRAC") as a Money Services Business, registration no. M21482238, registered since 15 October 2021. Registration with FINTRAC does not make FinMechanica a bank and does not constitute a government guarantee or endorsement of FinMechanica or its services.
FinMechanica is not a bank. Funds made available through FinMechanica are not bank deposits with FinMechanica and are not represented by FinMechanica as being protected by the Canada Deposit Insurance Corporation or any other deposit guarantee scheme.
2. Services
Subject to eligibility, jurisdiction, compliance approval, product availability and third-party infrastructure, FinMechanica may provide or facilitate payment accounts or payment functionality, domestic and international electronic funds transfers, collection and payout services, foreign exchange, merchant or business payment services, payment initiation or transmission, and cards through authorized partners.
A service may be provided directly by FinMechanica or through banks, payment institutions, electronic money institutions, card issuers, payment processors, correspondent institutions, liquidity providers or other duly authorized third parties. Product descriptions on the website do not guarantee availability to every Client or jurisdiction.
3. Eligibility and authority
- You must have legal capacity to enter into a binding agreement and satisfy FinMechanica’s onboarding and risk requirements.
- If acting for a legal entity, you represent that you are duly authorized to bind it and give instructions on its behalf.
- You must provide complete, accurate and current information and promptly notify FinMechanica of material changes.
- FinMechanica may decline onboarding or restrict products based on jurisdiction, risk appetite, regulatory obligations or third-party availability.
4. Identification, AML/ATF, sanctions and compliance
FinMechanica is subject to Canadian anti-money laundering and anti-terrorist financing requirements, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and related regulations. You must provide information and documents reasonably requested for KYC/KYB, beneficial ownership, source of funds, source of wealth, purpose of transactions, sanctions screening, fraud prevention, tax or regulatory compliance.
FinMechanica may delay, reject, hold, restrict, return, reverse where operationally possible, or refuse a transaction; request additional information; suspend an account; or terminate a relationship where required or permitted by law, regulation, sanctions, court or regulatory direction, or FinMechanica’s risk controls. Applicable law may prohibit FinMechanica from explaining certain compliance actions or reports.
5. Payment instructions and authorization
Instructions submitted using authenticated credentials, approved users, API credentials, authorized email channels or other agreed authentication methods may be treated as authorized. You are responsible for checking beneficiary names, account identifiers, IBANs, routing details, currencies, amounts and references before submission.
Submission or acknowledgement of an instruction does not mean that the transaction is final or irrevocably accepted. Processing may depend on cut-off times, settlement systems, compliance review, liquidity, third-party availability and network conditions.
6. Client funds
FinMechanica is not a bank and does not take deposits. Where FinMechanica holds funds in connection with a payment, it does so to carry out the related payment service, not as a deposit-taking institution.
Client funds are not insured by the Canada Deposit Insurance Corporation or protected by any deposit guarantee scheme. The flow and handling of funds may depend on the product, currency, payment rail and third-party provider involved.
7. Foreign exchange
Displayed or quoted foreign-exchange rates may be indicative until confirmed. FinMechanica may apply a spread, margin or fee. Once an FX transaction is executed it may be irreversible, and cancellation may be subject to FinMechanica’s consent, market movement and third-party costs.
8. Fees and third-party charges
Applicable fees, spreads, margins and third-party charges may be disclosed in a fee schedule, transaction quote, platform notice, invoice or separate agreement. You authorize FinMechanica to debit amounts properly due from balances or settlement amounts where permitted by the applicable service agreement. Fees are non-refundable except where required by law or expressly agreed.
9. Security and unauthorized activity
You must protect credentials, devices, passwords, API keys and authentication factors and promptly notify FinMechanica of suspected compromise, fraud or unauthorized activity. FinMechanica may apply security holds, enhanced authentication, transaction limits or other controls to protect Clients and payment systems.
10. Restricted activities
You must comply with FinMechanica’s Acceptable Use and Prohibited Activities Policy. FinMechanica may refuse or terminate activity involving unlawful conduct, fraud, sanctions evasion, money laundering, terrorist financing, prohibited jurisdictions, unlicensed financial services or other activity outside FinMechanica’s risk appetite.
11. Suspension, closure and termination
FinMechanica may suspend, restrict or terminate Services where required or permitted by law, where a Client breaches these Terms, where information is not provided, where security or fraud concerns arise, where a third-party relationship becomes unavailable, or where continued service would create unacceptable legal, regulatory, operational, financial or reputational risk.
You may request account closure, subject to pending transactions, investigations, legal holds, outstanding obligations, record-retention requirements and lawful restrictions. Any remaining funds will be dealt with in accordance with applicable law and the relevant service arrangements.
12. Records, privacy and communications
FinMechanica may collect, use, disclose, transfer and retain information in accordance with its Privacy Policy and applicable law. Electronic notices may be delivered through the website, platform, registered email address or other agreed electronic channel.
13. Service availability and third parties
Services are provided on an "as available" basis. FinMechanica does not guarantee uninterrupted access or a particular settlement time unless expressly agreed. To the extent permitted by law, FinMechanica is not responsible for failures caused by payment networks, banks, correspondents, card schemes, telecommunications, force majeure or other third parties outside its reasonable control.
14. Liability
To the maximum extent permitted by applicable law, FinMechanica will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, including loss of profits, business, opportunity or goodwill. Nothing in these Terms excludes or limits liability, rights or remedies that cannot lawfully be excluded or limited, including any mandatory rights under applicable payment, privacy or consumer protection law.
15. Complaints
Complaints may be submitted to info@fin-mechanica.com. FinMechanica will acknowledge, investigate and respond to complaints under its Complaints Handling Policy and applicable legal and regulatory requirements.
16. Amendments
FinMechanica may amend these Terms to reflect changes in law, regulation, products, risk controls, third-party infrastructure or business practices. Material changes will be communicated by reasonable means where required. The effective date of the current version will be displayed on the website.
17. Governing law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, subject to mandatory laws that apply to the Client. Nothing in this clause overrides a mandatory statutory forum or remedy.
18. General
If any provision is invalid or unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. You may not assign your rights without FinMechanica’s prior written consent. FinMechanica may assign or transfer rights or obligations where permitted by law, including as part of a corporate reorganization or transfer of business.
19. Contact
FIN-MECHANICA CORP., Office 507, 5940 Macleod Trail SW, Suite 500, Calgary, Alberta, Canada T2H 2G4
Fin-Mechanica