AGILITY FOREX LTD.

INDIVIDUAL CLIENT TERMS AND CONDITIONS

1. Definitions and Interpretation

1.1 Definitions

“Agility” means Agility Forex Ltd.

“Agreement” means these Client Terms and Conditions, as amended from time to time.

“Authorized User” means any individual authorized by the Client to provide instructions on their behalf.

“Business Day” means a day on which banks are open for business in the applicable jurisdiction, excluding weekends and public holidays.

“Cleared Funds” means funds that have been irrevocably received by Agility and are available for use without restriction.

“Client” means the individual entering into this Agreement.

“Services” means the foreign exchange and payment services provided by Agility.

“Transaction” means any foreign exchange transaction or payment instruction executed under this Agreement.

1.2 Interpretation

a) Headings are for convenience only and do not affect interpretation.

b) References to “including” mean “including without limitation.”

c) References to laws include amendments and replacements.

d) This Agreement shall be interpreted consistently across all Services unless expressly stated otherwise.

2. Scope of Agreement

2.1 General Framework

This Agreement establishes a continuous contractual framework governing the Client’s use of Agility’s Services, including:

a) spot foreign exchange transactions;

b) domestic and international payment services; and

c) related settlement and conversion services.

All Transactions form part of this Agreement.

Agility’s records, including electronic records, shall constitute conclusive evidence of Transactions in the absence of manifest error.

2.2 Separate Agreements for Certain Services

Certain Services, including foreign exchange forward transactions or hedging products, may be made available only to approved Clients and are governed by separate agreements.

No such Transactions will be entered into unless the Client has executed the applicable agreement.

2.3 No Obligation to Transact

Nothing in this Agreement obligates Agility to enter into any Transaction.

Agility may, in its sole discretion, refuse to:

a) quote or execute a Transaction;

b) process a payment; or

c) provide any Service,

at any time and for any reason.

2.4 Transaction Integration

Each Transaction constitutes a separate contract between Agility and the Client but is governed by and forms part of this Agreement.

In the event of any inconsistency, this Agreement prevails unless expressly agreed otherwise.

3. Client Representations, Warranties and Acknowledgements

3.1 Capacity and Authority

The Client represents and warrants that:

a) they are of the age of majority in their jurisdiction;

b) they are acting on their own behalf and not as agent or intermediary;

c) they have full legal capacity to enter into this Agreement; and

d) all information provided is complete, accurate, and not misleading.

3.2 Ongoing Accuracy

The Client agrees to promptly notify Agility of any material change to information previously provided.

3.3 Independent Decision-Making

The Client acknowledges and agrees that:

a) Agility is not acting as an advisor, fiduciary, or investment manager;

b) Agility does not provide financial, legal, or tax advice;

c) all Transactions are entered into based on the Client’s own independent judgment; and

d) the Client is solely responsible for assessing the suitability and risks of each Transaction.

3.4 Personal Use and Conduct

The Client agrees that:

a) the Services are intended for personal use;

b) Transactions will be entered into for legitimate personal purposes; and

c) the Services will not be used for speculative trading, investment activity, or unlawful purposes.

3.5 Sanctions Representation

The Client represents and warrants that they are not a sanctioned person and are not acting on behalf of any person subject to applicable sanctions laws.

4. Account Operation and Instructions

4.1 Instructions

The Client may provide instructions through channels approved by Agility, including electronic platforms, email, or telephone.

Agility may act on any instruction it believes, in good faith, to be genuine.

4.2 Reliance on Instructions

Agility is entitled to rely on and act upon any instruction without further verification. The Client is responsible for any loss arising from:

a) unauthorized access;

b) errors in instructions; or

c) fraud originating from the Client’s systems or communications,

except where directly caused by Agility’s gross negligence or willful misconduct.

4.3 Instruction Errors

The Client must promptly review all confirmations and notify Agility of any error without delay.

Agility is not responsible for losses arising from incorrect or incomplete instructions provided by the Client.

Where an error is directly caused by Agility, Agility will take reasonable steps to correct the error, and such correction shall constitute the full extent of Agility’s liability, except where otherwise required by applicable law.

Failure by the Client to notify Agility of an error within a reasonable time constitutes acceptance of the Transaction.

4.4 Refusal or Delay

Agility may refuse, delay, or suspend any instruction where:

a) the instruction is incomplete or unclear;

b) required funds have not been received;

c) compliance requirements are not satisfied; or

d) risk concerns arise.

4.5 Recording of Communications

The Client acknowledges and agrees that communications between the Client and Agility, including telephone conversations and electronic communications, may be recorded and retained by Agility and may be used as evidence in the event of any dispute.

5. Products and Services

5.1 Foreign Exchange Transactions

Agility provides spot foreign exchange services.

Transactions become binding once accepted and confirmed.

Exchange rates are valid only at the time quoted.

A Transaction may be entered into via electronic platform, email, or telephone and becomes legally binding upon acceptance by Agility through such channel, whether or not a confirmation has been received by the Client.

5.1(c) Confirmation

A Transaction shall not be invalidated due to any failure or delay in the delivery of a confirmation. In such circumstances, Agility’s records shall prevail in the absence of manifest error.

5.2 Payment Services

Agility may execute domestic and international payment instructions.

The Client acknowledges that:

a) payments may be processed through third-party financial institutions;

b) processing times are estimates only; and

c) intermediary institutions may delay or deduct amounts.

Agility is not responsible for such delays or deductions.

5.3 Third-Party Payments

The Client is responsible for:

a) the accuracy of beneficiary details; and

b) ensuring the legitimacy of any third-party payment.

Agility may request supporting documentation or refuse such payments at its discretion.

5.4 Risk Acknowledgment

The Client acknowledges that foreign exchange transactions involve risk, including losses resulting from adverse exchange rate movements.

Market conditions may change rapidly and without warning.

Agility does not guarantee the outcome of any Transaction.

5.5 No Investment Advice

Agility provides execution-only services and does not provide investment advice or recommendations.

6. Pricing, Fees and Settlement

6.1 Pricing

The Client agrees to:

a) the exchange rate quoted at the time of the Transaction; and

b) all applicable fees, charges, or spreads.

All pricing is final once confirmed.

6.2 Payment Obligations

The Client must deliver Cleared Funds:

a) in the required amount and currency; and

b) within the timeframe specified by Agility.

6.3 Settlement

Agility will process Transactions once Cleared Funds are received.

Agility may delay settlement for operational, compliance, or risk reasons.

6.3.1 Settlement Failure, Close-Out and Replacement

1. Settlement obligation

All forward foreign exchange transactions must settle on the agreed settlement date.

The Client is responsible for ensuring that all required funds, instructions, and documentation are provided in sufficient time to enable settlement.

Failure to settle on the agreed date constitutes a default.

2. Limited operational tolerance

Agility may, at its sole discretion, allow a short operational tolerance period of up to three (3) spot business days following the settlement date.

This tolerance:

(a) does not amend or extend the contractual settlement date;

(b) does not constitute a rollover, renewal, or continuation; and

(c) may be withdrawn at any time without notice.

3. Close-out rights

If a transaction remains unsettled beyond five (5) spot business days after the settlement date, or where the Client fails to provide required funding or instructions, Agility may, without notice:

(a) close out the transaction at prevailing market rates; and

(b) take any action necessary to reduce or eliminate its exposure.

4. Valuation

Upon close-out:

(a) the transaction will be valued at market rates determined by Agility acting in good faith;

(b) any resulting gain or loss is immediately crystallized; and

(c) the Client is liable for any resulting loss.

Agility’s determinations are binding absent manifest error.

5. No preservation of rate

Forward transactions may not be extended, rolled, or maintained at their original rate beyond the settlement date.

Any continuation of exposure requires a new transaction at current market pricing.

6. Replacement transactions

Any transaction entered into following close-out constitutes a new and independent contract.

Agility may, at its discretion, require:

(a) payment of any loss;

(b) additional margin or collateral; and

(c) reassessment of credit exposure,

as a condition of entering into any new transaction.

7. Set-off and application

Agility may apply any funds, margin, or amounts held for the Client against any loss arising from close-out.

8. No avoidance

The Client may not avoid settlement or preserve an uneconomic rate by delaying settlement or requesting a replacement transaction.

9. Discretion

Agility retains full discretion to refuse transactions, require funding, close positions, or take any action necessary to manage risk.

6.4 Failed or Late Funding

If the Client fails to provide funds:

a) the Transaction may be cancelled or reversed;

b) Agility may recover any resulting costs or losses from the Client.

6.5 Third-Party Charges

Agility is not responsible for fees or conversions applied by third parties.

7. Funding Methods

7.1 General

The Client must use funding methods approved by Agility.

7.2 Pre-Authorized Debits

Pre-authorized debit services may be available to certain Clients.

Pre-authorized debit services are not available to Clients resident in Québec.

8. Compliance and Regulatory Rights

8.1 Compliance Controls

Agility may take any action necessary to comply with applicable laws and regulations, including:

a) requesting additional information;

b) delaying, blocking, or refusing Transactions;

c) suspending Services; or

d) terminating the relationship.

Agility may freeze, block, or restrict access to funds or Services where required to comply with applicable laws or regulatory obligations.

8.2 Sanctions and Legal Restrictions

Agility may refuse or block any Transaction where it believes, in good faith, that applicable laws or sanctions may be violated.

8.3 No Liability for Compliance Actions

Agility is not liable for losses arising from compliance-related actions taken in good faith.

9. Suspension and Termination

9.1 Suspension

Agility may suspend Services immediately where:

a) required by law;

b) compliance requirements are not satisfied; or

c) risk concerns arise.

9.2 Termination

Agility may terminate this Agreement at any time.

The Client may terminate by providing notice, subject to completion of all Transactions.

Termination does not affect any rights or obligations arising from Transactions entered into prior to termination, which shall continue until fully performed.

10. Limitation of Liability

10.1 General Limitation

To the extent permitted by applicable law, including the Civil Code of Québec, Agility is not liable for:

a) indirect or consequential losses;

b) loss of profits, revenue, or opportunity; or

c) losses arising from market movements.

Nothing in this Agreement excludes liability where prohibited by law.

10.2 Third-Party and System Risk

Agility is not liable for failures of banks, payment systems, or communication systems.

10.3 Standard of Liability

Agility is liable only for losses directly caused by its gross negligence or willful misconduct.

Where applicable, correction of an error by Agility shall constitute the full extent of Agility’s liability, except where otherwise required by law.

11. Indemnity

The Client agrees to indemnify Agility for losses arising from:

a) the Client’s breach of this Agreement; or

b) the Client’s use or misuse of the Services.

12. Notices and Communications

Notices may be delivered by email, electronic platform, or other communication methods approved by Agility.

Notices are deemed received on the same Business Day if sent during normal business hours, or on the next Business Day if sent outside such hours.

Notices sent to the Client’s last known contact details are deemed validly delivered.

12.1 Records as Evidence

Agility’s records, including electronic records, recordings, and transaction logs, shall constitute conclusive evidence of the existence and terms of any Transaction in the absence of manifest error.

13. Governing Law and Jurisdiction

13.1 General

This Agreement is governed by:

a) the laws of Québec for Clients resident in Québec; and

b) the applicable provincial laws of Canada for all other Clients.

13.2 Québec Language

The parties confirm that they have expressly requested that this Agreement and all related documents be drafted in English.

14. General Provisions

14.1 Entire Agreement

This Agreement constitutes the entire agreement between the Client and Agility and supersedes all prior agreements, understandings, or representations.

14.2 Amendments

Agility may amend this Agreement by providing notice to the Client.

Continued use of the Services constitutes acceptance of such amendments.

14.3 Assignment

The Client may not assign or transfer this Agreement without Agility’s prior written consent. Agility may assign or transfer this Agreement without restriction.

14.4 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.5 No Waiver

Failure by Agility to enforce any provision of this Agreement does not constitute a waiver of its rights.

14.6 Interpretation

This Agreement shall be interpreted in a manner that gives effect to its commercial purpose and practical effect, except where such interpretation is not permitted under applicable law.

AGILITY FOREX

Agility Forex U.S. Individual Client Terms and Conditions

For approved individuals using the Services for personal, family or household purposes

U.S. CUSTOMER TERMS

These Terms govern Agility’s U.S. customer relationship. Any SSB Bank account agreement, disclosure, privacy notice or mandatory payment-network rule also applies to the relevant account or payment service and controls to the extent it cannot legally be varied by these Terms.

1. Definitions and interpretation

Account. a U.S.-dollar account issued and maintained by SSB Bank through the Program and made available to an approved Client through Agility.

Agility. Agility Forex Ltd., a Canadian money-services business and foreign-exchange and payment-services provider registered with the Financial Crimes Enforcement Network as a money services business.

Agreement. these U.S. Client Terms and Conditions, as amended from time to time.

Authorized User. an individual whom the Client has expressly authorized and whom Agility has approved to provide instructions or access the Services, where permitted.

Business Day. a day on which the relevant bank and payment system are open for the applicable service, excluding weekends and applicable public holidays.

Cleared Funds. funds finally and irrevocably received and available for use without restriction.

Client. the individual entering into this Agreement for personal, family or household purposes.

PRETpayments. the Program manager and financial-technology provider supporting account issuance, payment connectivity, ledgering and Program operations.

Program. the Agility Forex U.S. Payment Services Program approved by SSB Bank.

Services. the foreign-exchange, payment, Account and related services made available by Agility under this Agreement.

SSB Bank. SSB Bank, an FDIC-insured Pennsylvania state-chartered savings bank, FDIC Certificate No. 30431, and the sponsor and issuing bank for the Program.

Transaction. a foreign-exchange transaction, payment instruction, Account transaction or other service executed under this Agreement.

Headings are for convenience only. “Including” means “including without limitation.” References to law include amendments and replacements. A reference to Agility includes a service provider acting for Agility where the context permits, but does not make Agility a bank.

2. U.S. service structure and scope

Agility operates the customer-facing Program and provides foreign-exchange, payment, onboarding and servicing functions. Agility is not a bank. The underlying Accounts and regulated banking services are provided by SSB Bank through PRETpayments’ infrastructure. PRETpayments supports the technology and operational infrastructure for the Program.

Account opening, activation and continued use are subject to eligibility, onboarding, underwriting, sanctions, fraud, compliance and risk controls applied by Agility, PRETpayments and SSB Bank. Neither this Agreement nor an application obligates any party to open an Account, execute a Transaction or continue a Service.

Agility may transmit customer information and authenticated payment instructions through PRETpayments to SSB Bank for execution. A separate agency authorization is not required for Agility to act on an authenticated instruction from its own Client. A separate ACH debit authorization is required where applicable.

The Services may include spot foreign exchange, domestic and international payments, ACH credits and debits, domestic wires, U.S.-dollar collections and settlements, and related Account services. International wires, additional currencies or rails, and other products are available only when approved and activated.

Fixed transaction limits, cut-off times, processing windows and fees may be disclosed in the platform, a payment flow, a confirmation, a fee schedule or another notice. Agility, PRETpayments or SSB Bank may impose or change reasonable limits for legal, compliance, risk, network or operational reasons.

3. Eligibility, verification and continuing information duties

The Client authorizes Agility, PRETpayments, SSB Bank and their service providers to verify information supplied by or about the Client; obtain information from government, identity-verification, credit, fraud-prevention, sanctions, commercial and other lawful sources; and request additional information or documents at onboarding or later.

The Client must provide complete and accurate legal name, date of birth, physical residential address, taxpayer or other identification number, tax status, contact information, source and use of funds, expected activity and any other reasonably required information. Information may be collected through Persona or another approved verification process.

The Client certifies that all information and documents supplied are complete, accurate, current and not misleading. The Client must promptly notify Agility of any change to legal name; residential address; tax status; contact information; source or use of funds; expected activity; or any other information previously supplied. Services may be restricted until updated information is received and verified.

The Client must provide an EIN, SSN, TIN, Form W-9, applicable Form W-8 or other tax information when requested and authorizes reasonable validation. Agility does not provide tax advice and may restrict Services where required tax information is missing, expired or cannot be verified.

4. Instructions, security and records

The Client may provide instructions through channels approved by Agility, including the platform, email, telephone or another approved method. Agility may act on an instruction it reasonably believes to be genuine and received from the Client or an Authorized User.

The Client must protect credentials, devices and communications; review confirmations and Account activity promptly; and notify Agility without delay of suspected fraud, unauthorized access, an error or a compromised credential. Agility may use security procedures and may delay an instruction while authenticity is checked.

Agility’s electronic records, recordings, confirmations and transaction logs are evidence of a Transaction in the absence of manifest error, subject to any non-waivable consumer right. Communications may be recorded and retained for security, servicing, training, compliance and dispute purposes.

5. Foreign exchange and payment services

An exchange rate is valid only for the stated period. A Transaction becomes binding when accepted by the Client and confirmed or accepted for execution by Agility through an approved channel, whether or not a separate confirmation has been received. The Client is responsible for reviewing all Transaction details before acceptance.

Foreign-exchange markets may move rapidly. Agility provides execution-only services and does not act as an investment adviser, fiduciary or tax or legal adviser. The Client is responsible for deciding whether a Transaction is suitable.

The Client must provide accurate beneficiary, account, routing and payment-purpose information. Banks and payment systems may process an instruction based on account, routing, bank or other identifying numbers even if a name is inconsistent. Agility may use correspondent or intermediary institutions, which may delay payment, convert funds or deduct charges.

Agility may permit payments to verified third-party beneficiaries. The Client must provide supporting information or documents when requested and may not use the Services as an undisclosed intermediary, conduct money transmission for others, or receive or transmit funds for others as a business.

6. ACH services

ACH entries are subject to applicable law, the Nacha Operating Rules, SSB Bank requirements and any separate ACH authorization. The Client authorizes ACH credits and, where a valid authorization has been provided, ACH debits initiated in accordance with the Client’s instructions.

The Client must have lawful authority for every ACH entry and must ensure the information supplied is accurate. An ACH entry may be rejected, delayed, returned, reversed or adjusted. Credit is provisional until final settlement. A requested cancellation, recall or reversal is not guaranteed. Obligations relating to returns, disputes, adjustments, negative balances and improperly authorized entries continue after termination.

Nothing in this Section limits any right the Client has under the Electronic Fund Transfer Act, Regulation E or other non-waivable consumer law. Agility or SSB Bank may provide separate disclosures describing applicable error-resolution, authorization, cancellation or remittance-transfer rights. Those disclosures control where required by law.

7. Wire transfers

Domestic wire transfers may be governed by Article 4A of the Uniform Commercial Code, Federal Reserve rules and SSB Bank requirements. An accepted wire may become final and irrevocable. Cancellation, amendment or recall is not guaranteed. The Client is responsible for losses caused by inaccurate instructions except to the extent liability cannot legally be excluded.

A remittance transfer may also be subject to the Electronic Fund Transfer Act and Regulation E. Where applicable, the Client will receive required pre-payment and receipt disclosures and any applicable cancellation and error-resolution rights. Any such disclosure forms part of the Agreement and prevails over inconsistent language in these Terms.

8. Funding, settlement, fees and balances

The Client must deliver Cleared Funds in the required amount and currency by the stated deadline. Agility may delay settlement until funding, instructions and compliance requirements are complete. If the Client fails to fund or settle, Agility may cancel, reverse or close out the Transaction and recover resulting losses, costs, returns and fees, subject to applicable law and any separate forward agreement.

The Client agrees to the exchange rate, spread and fees disclosed before or when a Transaction is accepted. Third-party bank, intermediary, network and conversion charges may also apply. Account balances and payment credits may be provisional until final settlement.

The Account is a deposit account held directly by the Client at SSB Bank, Member FDIC. Eligible deposits are insured by the FDIC up to the applicable standard maximum deposit insurance amount, aggregated with the Client’s other deposits at SSB Bank in the same ownership category, and subject to FDIC rules and limits. FDIC insurance does not protect against foreign-exchange losses, fraud, payment disputes, or the insolvency or failure of Agility, PRETpayments or another non-bank service provider.

9. Acceptable use and compliance controls

The Client must not use the Services for illegal activity, fraud, deceptive conduct, sanctions evasion, unauthorized money transmission, undisclosed third-party intermediation, prohibited jurisdictions or industries, commercial activity, or activity materially different from the profile approved during onboarding.

Agility, PRETpayments or SSB Bank may request information; investigate activity; impose limits; or delay, reject, block, freeze, return or refuse a Transaction where reasonably required for sanctions, anti-money-laundering, fraud, legal process, incomplete or inconsistent information, suspected unauthorized activity, bank or network requirements, regulatory direction, risk management or applicable law.

To the extent permitted by law, Agility is not liable for a good-faith compliance or risk action. Nothing requires a party to provide information where disclosure is prohibited by law.

10. Suspension, restriction and termination

Agility, PRETpayments or SSB Bank may impose limits; suspend incoming or outgoing payments; reject pending instructions; remove or restrict an Authorized User; restrict or close an Account; or hold, return or remit funds where legally or operationally required. Closure may be immediate where required by law, compliance, fraud, security or bank direction.

The Client may terminate the Agreement by notice, subject to pending Transactions and amounts owing. On termination, pending instructions may be completed, rejected, returned or cancelled; remaining funds may be returned to a verified account or held as required by law; and reviews may continue. Rights concerning fees, losses, returns, disputes, negative balances, confidentiality, records, indemnities and liability survive.

11. Electronic communications and consent

The Client consents to electronic signatures, records, disclosures, notices, statements, confirmations and amendments under the U.S. Electronic Signatures in Global and National Commerce Act and other applicable law. Communications may be delivered by email, SMS, the platform or another agreed electronic method. The Client must keep contact information current and retain copies.

The Client may withdraw consent to electronic delivery by contacting Agility using the method stated in the applicable electronic-consent disclosure. Withdrawal may result in restriction or closure if electronic delivery is required to provide the Services. Any hardware, software and paper-copy rights required by law will be described in that disclosure.

12. Privacy and information sharing

Agility may collect, use, retain and share information as described in the Agility Forex U.S. Privacy Notice. Information may be shared with SSB Bank, PRETpayments, Persona and other verification providers, payment networks, correspondent banks, fraud, credit, sanctions and compliance-data providers, regulators, law enforcement, courts, and operational or professional service providers. SSB Bank’s separate U.S. Privacy Notice also applies to its banking relationship and will be provided electronically or through the Program.

13. Liability and third-party systems

To the extent permitted by law, Agility is not liable for indirect, incidental, special, punitive or consequential losses; loss of profit, revenue, opportunity or anticipated savings; market movements; or a failure or delay of a bank, payment system, telecommunications service, correspondent, intermediary, PRETpayments or another third party outside Agility’s reasonable control.

Agility is liable only for direct loss caused by its gross negligence or willful misconduct, except where a different standard or remedy is required by non-waivable law. Nothing excludes liability that cannot legally be excluded. A correction, reprocessing or refund may constitute the full remedy where permitted by law.

14. Indemnity

To the extent permitted by law, the Client will reimburse Agility for reasonable losses, claims, returns, chargebacks, costs and expenses arising from the Client’s fraud, unlawful conduct, material breach, inaccurate instruction or misuse of the Services. This Section does not require indemnification for Agility’s own negligence or conduct for which indemnification is prohibited.

15. Notices, amendments and assignment

Notices may be delivered electronically to the Client’s last contact details and are effective when made available or sent, subject to any mandatory notice period. Agility may amend these Terms by providing notice. Continued use after the effective date constitutes acceptance except where affirmative consent is required by law.

The Client may not assign this Agreement without Agility’s written consent. Agility may assign or transfer this Agreement or its rights and obligations to an affiliate, successor or service provider, subject to applicable law and required notice.

16. Agreement hierarchy and governing law

Mandatory applicable law and binding bank or payment-network rules control first. Next, an applicable SSB Bank or PRETpayments account agreement or mandatory disclosure controls the Account or banking service it governs. These Terms then control, followed by other Agility terms and Transaction confirmations, unless a later document expressly states otherwise.

Except to the extent federal law applies, this Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles. Any proceeding relating to this Agreement must be brought in a state or federal court located in Allegheny County, Pennsylvania, and each party consents to that court’s jurisdiction and venue. This provision does not limit any non-waivable right to bring a claim or complaint in another forum or before a regulator.

These Terms do not require arbitration and do not waive any right to participate in a class action.

17. General provisions

This Agreement and the documents incorporated by reference constitute the entire agreement concerning the Services. If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. A failure to enforce a right is not a waiver. Rights and obligations that by their nature should survive termination will survive.