1. Important Disclosures
ⓘ Xpat isn’t a bank, and money in the High Yield Program isn’t a bank deposit or FDIC-insured.
Xpat is a financial technology company and is not a bank, not an FDIC-insured depository institution, and not a licensed money transmitter in every jurisdiction on a standalone basis. Banking and payment services are provided through service-provider relationships, including Cybrid and Cross River Bank, and related regulated infrastructure providers.
Funds allocated to the Xpat High Yield Program are not bank deposits and are not FDIC-insured solely because bank infrastructure is used.
Xpat and Remit2Any Inc. are not FDIC-insured banks. Banking services are provided through our banking partner. Any FDIC insurance applies only to eligible deposits held at an FDIC-insured bank and is subject to FDIC requirements and limits.
All principal allocated to the Xpat High Yield Program is protected by Zynk LTD. under the applicable partner framework and MTL-supported operating structure, subject to applicable law and governing partner agreements.
1558846 B.C. LTD. (registered number: C10001509) is registered as a Money Services Business (MSB) under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, supervised by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).
2. Definitions
ⓘ What the key terms in this agreement mean.
- Account means your registered Xpat user account.
- Available Balance means funds reflected in your wallet that are not subject to hold, reversal, restriction, pending transfer, or prior allocation.
- Banking Partner means Cross River Bank or any successor participating bank.
- Liquidity Partner means Zynk LTD. or another approved liquidity partner.
- Liquidity Program means the optional feature through which you authorize allocation of eligible wallet funds.
- Program Balance means accepted funds designated for participation.
- Utilized Amount means the portion of program funds actually deployed by a Liquidity Partner.
- Wallet means the digital wallet or ledger experience made available through Xpat.
3. Eligibility and Enrollment
ⓘ You must be 18+, in a supported place and pass our checks; we can limit or end access.
You must be at least 18 years old, in a supported jurisdiction, and satisfy onboarding and compliance checks, including identity verification, sanctions screening, anti-money laundering review, and fraud controls. Xpat may deny, limit, suspend, or terminate access for legal, regulatory, partner, risk, fraud, operational, or safety reasons.
4. Wallet Services and Custody Structure
ⓘ The wallet relies on partners and vendors, and you authorize them to move and hold your funds as you instruct.
Wallet functionality may rely on Cybrid, Cross River Bank, custodians, settlement providers, blockchain providers, and other vendors. You authorize Xpat and providers to receive, hold, transfer, settle, convert, and return funds in accordance with your instructions, this Agreement, and applicable law.
5. Authorization to Allocate Funds
ⓘ If you opt in, you let Xpat make your Program Balance available to approved liquidity partners.
If you opt into the Xpat High Yield Program, you authorize Xpat to transfer, sweep, earmark, pool, or otherwise make Program Balance funds available to approved Liquidity Partners for liquidity, settlement, treasury, or related uses permitted under partner arrangements.
6. Nature of the Xpat High Yield Program
ⓘ The program is a contract with Xpat — not a deposit, savings, securities or insurance product.
The Program is not a deposit account, checking account, savings account, securities account, commodity account, trust account, insurance product, pension product, or escrow product. Participation is a contractual arrangement governed by this Agreement.
7. Returns, APY, and Disclosures
ⓘ Any APY or yield shown depends on several factors and is not guaranteed unless a separate written disclosure says so.
Any APY, fixed return, promotional rate, target yield, or similar figure is subject to product terms, utilization, duration, deductions, partner performance, and legal permissibility. Unless expressly guaranteed in a separate written disclosure accepted by you, yield figures are not guaranteed.
8. Principal, Risk of Loss, and No Insurance
ⓘ Your principal and returns carry risk, and program funds aren’t FDIC- or government-insured.
Except as expressly stated in writing, principal and return remain subject to operational, legal, settlement, partner, and market-related risks. Program funds are not insured by the FDIC or any governmental agency solely because banking infrastructure is involved.
9. Withdrawals and Liquidity Constraints
ⓘ Withdrawals can be delayed, staged or paused because of checks, holds or available liquidity.
Withdrawal or de-allocation requests are subject to cutoffs, settlement windows, pending transactions, legal holds, compliance checks, fraud reviews, and available liquidity. Xpat may delay, stage, partially fulfill, or suspend withdrawals where required.
10. Remittance Features and Wallet Transfers
ⓘ To send program money abroad you may first need to take it out of the program.
Wallet usage for remittance remains subject to separate remittance disclosures and operational controls. Program-designated funds may need to be de-allocated before they become available for outbound remittance transfers.
11. User Representations and Covenants
ⓘ You promise your information is true, your money is lawful, and you’ll provide documents if asked.
You represent that information provided is true, complete, and current; that funds are lawful; and that your use complies with applicable laws, sanctions, tax obligations, and this Agreement. You must provide additional documentation reasonably requested for compliance and risk purposes.
12. Compliance, Monitoring, and Blocking Rights
ⓘ We and our providers can monitor, block, freeze, reverse or report activity when the law or risk requires.
Xpat and providers may monitor activity, conduct due diligence, reject or block transactions, freeze funds, reverse entries, close accounts, and file reports as required by law, court order, sanctions obligations, AML obligations, network rules, or risk controls.
13. Fees, Compensation, and Taxes
ⓘ You agree to disclosed fees, Xpat may keep disclosed program economics, and you handle your own taxes.
You agree to fees disclosed in the Fee Schedule, product interface, or other notices. Xpat may retain disclosed spread, partner compensation, and program-related economics. You are responsible for taxes arising from wallet or program usage.
14. Risk Disclosures
ⓘ Taking part carries real risks, including partner failure, fraud, delays and changing returns.
Participation involves material risks, including counterparty risk, insolvency risk, cybersecurity risk, fraud risk, operational risk, legal/regulatory change risk, liquidity constraints, delayed access to funds, and return variability.
15. Electronic Consent and Communications
ⓘ You agree to get notices and documents electronically, and click-through acceptance counts as signing.
You consent to receive agreements, amendments, disclosures, notices, statements, and tax forms electronically through the platform, email, SMS, or approved channels. Electronic signatures and click-through assent are legally valid to the fullest extent permitted by law.
16. Suspension, Termination, and Program Changes
ⓘ Xpat can change, pause or end the program and its features where the law allows.
Xpat may modify, suspend, or discontinue wallet or program features, supported assets, yield settings, or partner relationships, with or without prior notice where permitted by law.
17. Disclaimer of Warranties
ⓘ The services are provided “as is”, without warranties beyond what is expressly stated.
Except as expressly stated, wallet and program services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Xpat disclaims all express, implied, and statutory warranties.
18. Limitation of Liability
ⓘ Xpat isn’t liable for indirect or consequential losses, to the extent the law allows.
To the fullest extent permitted by law, Xpat and related parties are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or opportunity arising from or relating to this Agreement or related services.
19. Indemnification
ⓘ If your breach, misuse or fraud causes Xpat a loss or claim, you cover it.
You agree to indemnify, defend, and hold harmless Xpat and related parties from claims, losses, liabilities, damages, penalties, costs, and expenses arising from your breach of this Agreement, violation of law, misuse of services, fraud, or misconduct.
20. Dispute Resolution; Arbitration; Class Action Waiver
ⓘ Disputes go to individual arbitration (small claims excepted), with no jury trial or class actions.
Subject to applicable law, disputes arising out of or relating to this Agreement or services shall be resolved by binding individual arbitration, except for eligible small claims actions. You and Xpat waive jury trial and class or representative proceedings to the fullest extent permitted by law.
21. Governing Law
ⓘ Which law governs this agreement and where disputes are heard if arbitration doesn’t apply.
This Agreement is governed by the laws of the State of Washington, without regard to conflict-of-law principles, except as superseded by federal law. If arbitration is not enforced, venue is King County, Washington, except where consumer law requires otherwise.
22. Privacy and Data Use
ⓘ Our Privacy Policy applies, and we and our partners use your data to run and protect the program.
Your use of services is also subject to the Privacy Policy. Xpat and partners may collect, use, process, and share personal and transaction information as reasonably necessary for onboarding, servicing, fraud prevention, sanctions screening, security, legal compliance, and program administration.
23. Miscellaneous
ⓘ This is the whole agreement on the program; you can’t transfer it without our consent.
This Agreement and incorporated policies constitute the entire agreement on this subject matter. If any provision is unenforceable, remaining provisions remain effective. You may not assign this Agreement without prior written consent. Xpat may assign as permitted by law.
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