Comun Remittance User Agreement

Last update: September 15, 2026

Comun, Inc. (“Comun,” “we”, “us”, “our” or the “Company”) offers International Remittance Transaction Services (“Service”) through its website or application (the “Site”). This is done together with several partners, each of which performs a different part of your Money Transfer: a Banking Partner that holds your funds, converts your funds into Digital Assets, and moves their value toward the Destination Country, an FX Partner that converts your Digital Assets into the currency of the Destination Country, and a Paying Agent that pays your Beneficiary. These are described in the Definitions and in How We Move Your Money below. To use the Service via the Site, you need to agree to the Comun Privacy Policy and this User Agreement (the “Agreement”), which governs how the Service may be used. You may also be required to agree to the terms and conditions, privacy notice or other agreements of one or more of our Partners before you can use the Service or a particular part of it, as described in the Partner Terms section below.

COMUN IS A FINANCIAL TECHNOLOGY COMPANY AND NOT A BANK OR A MONEY TRANSMITTER. COMUN DOES NOT ITSELF HOLD OR MOVE FUNDS AS PART OF THE SETTLEMENT PROCESS. THAT IS DONE BY OUR BANKING PARTNER, AS DESCRIBED IN THE HOW YOUR MONEY IS MOVED SECTION BELOW. FUNDS YOU SEND FOR A TRANSACTION ARE NOT A DEPOSIT.

THIS AGREEMENT CONTAINS A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. AS DESCRIBED IN THE DISPUTE RESOLUTION AND GOVERNING LAW SECTION BELOW, BY ACCEPTING THIS AGREEMENT YOU AND WE EACH AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION AND WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, EXCEPT AS OTHERWISE PROVIDED IN THAT SECTION. THIS DOES NOT WAIVE OR LIMIT ANY RIGHT OR REMEDY YOU HAVE UNDER SUBPART B OF REGULATION E OR ANY OTHER APPLICABLE CONSUMER FINANCIAL PROTECTION LAW.

By your use of the Service, you agree with and accept this Agreement. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.

This Agreement is a Product Agreement for purposes of the Comun Platform Agreement, which continues to govern your Comun Account and your use of the Site. Where this Agreement and the Comun Platform Agreement address the same subject, this Agreement controls as to the Service.

Overview of the Service

The Service allows Comun users to send money to many different countries around the world. We recommend that you use the Service only to send money to people you know personally. You should never use the Service to send money to strangers. Please refer to the Frauds and Scams section below.

The countries, currencies and payout methods currently available, and the current list of approved countries, are shown on the Site and may change from time to time.

Definitions

In this Agreement, the singular includes the plural and vice versa. Capitalized terms not defined here have the meanings given in the Comun Platform Agreement.

The “Banking Partner” is the bank that holds your funds after we receive them and before they are sent to the Destination Country, and that moves the value of your Transaction toward the Destination Country using its own settlement infrastructure, which may include digital settlement technology such as blockchain-based dollar-denominated instruments.

• Our current Banking Partner is Cross River Bank.

A “Beneficiary” is someone who receives money from a Sender through the Service.

The “Destination Country” is the country where the Beneficiary receives money through the Service.

• The list of the Destination Countries currently available for Transactions:
  • Mexico.

A “Digital Asset” is a digital instrument, such as a stablecoin, into which our Banking Partner converts your funds and that is then transmitted to the Destination Country as part of the Money Transfer.

The “FX Partner” is the entity that converts your U.S. Dollars into the currency of the Destination Country.

• Our current FX Partner for Money Transfers to Mexico is:
  • Novupeso, S.A. de C.V.

A “Money Transfer” is defined as the transmission of funds to a designated Beneficiary, pursuant to payment terms entered directly by you into the Site.

A “Partner” means the Banking Partner, the FX Partner, any Paying Agent, and any other bank or payment provider we engage to deliver the Service. Different Partners may serve different Destination Countries and payout methods, and we may engage, remove or replace any Partner at any time. The Partners currently serving each Destination Country are shown on the Site.

The “Partner Terms” means the terms and conditions, user agreement, deposit account agreement, privacy notice, cookie policy, risk disclosure or other legal document of a Partner that we present to you, or make available to you, for your agreement in connection with the Service. The Partner Terms applicable to you, and the Partners to which they belong, are identified on the Site and may change from time to time.

A “Paying Agent” is defined as an entity appointed by us to pay out Money Transfer transactions in the Destination Country identified in your payment instructions.

• Our current Paying Agents for Money Transfers to Mexico are:
  • Novupeso, S.A. de C.V.
  • Pexto México, S.A. de C.V.

A “Payment Instrument” is any payment method you provide to us and that we accept in connection with your use of the Service, including your Comun digital wallet offered by Cross River Bank, Comun Deposit Account offered by Community Federal Savings Bank, Member FDIC, debit card or credit card.

The “Payout Amount” is the amount paid out to the Beneficiary, excluding any taxes or charges that may be levied under the laws of the Destination Country (the “Local Taxes”).

A “Sender” is someone who uses the Service to send money.

A “Transaction” is a specific instruction to send money through the Service.

The “Transaction Amount” is the calculated amount that the Sender would be obliged to pay for the Transaction if the Sender orders it (and is the amount that the Sender is then obliged to pay us for the Transaction, which our Banking Partner collects on our behalf).

The “Transfer Fee” is defined as the fee charged by us in connection with the Money Transfer.

Accessing the Site and Security

By using the Service, you represent and warrant that you are 18 years or older and of legal age to form a binding contract with the Company.

We reserve the right at any time to withdraw or amend the Service, and any other service or material we offer, in our sole discretion without notice, except as otherwise required by law. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users.

You are responsible for making all arrangements necessary for you to have access to the Service and for maintaining the necessary hardware and software to use the Service.

You are responsible for ensuring that all persons who access the Service through your mobile phone device or internet connection are aware of the terms of this Agreement, have agreed to such terms, and that they will comply with them.

Charges

For each Transaction that you submit, you agree to pay us a Transfer Fee plus the Transaction Amount, which the Banking Partner collects and debits from your Payment Instrument on our behalf as part of a single charge. Payment in full is due at the time your Transaction is submitted for processing.

The current Transfer Fee is a flat $4.99 fee.

Comun may offer you a lower Transfer Fee, at our sole discretion. You can review your fee before you confirm your transfer request.

We only accept payment in U.S. Dollars.

Payment for Transactions

You authorize us, and our Banking Partner acting on our behalf, to access, charge, or debit funds from any of the Payment Instruments you provide us in connection with your use of the Service. If your payment fails or is insufficient, you authorize us and our Banking Partner to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we or our Banking Partner may try to debit your bank account or charge your card at a later time or times. You represent and warrant that you are the lawful owner of your Payment Instruments and can make these authorizations. Where you fund a Transaction by debit from a bank account, the ACH Consent in the Comun Platform Agreement applies.

Charges by Third Parties

We are not responsible for any fees or charges that may be imposed by the financial institutions that issued your Payment Instruments. For example, and without limitation, some credit card issuers may treat the use of your credit card to use the Service as a “cash advance” rather than a purchase transaction and may impose additional fees and interest rates for the transaction. We are not responsible for any non-sufficient funds charges, chargeback fees, or any other charges that might be imposed on you by your bank, credit card issuer, or other provider that sent the funds.

We are also not responsible for Local Taxes, or for any fee imposed by a Partner, by an intermediary bank, or in the Destination Country by the Beneficiary’s bank, wallet provider or payout location, except to the extent we are required to disclose such amounts to you before you confirm your Transaction.

Foreign Currencies

In addition to the Transfer Fee applicable to the Transaction, a currency exchange rate is applied. The rate we make available to you may include a margin over the rate our FX Partner uses to convert the funds, and that margin is retained by us as part of what you pay for the Service. Exchange rates change frequently and differ by Destination Country. The rate applicable to your Transaction is the rate shown to you before you confirm it.

How Your Money Is Moved

Your Money Transfer passes through several Partners before it reaches your Beneficiary. When you submit a Transaction:

• we send instructions to our Banking Partner to debit the Transaction Amount and the Transfer Fee from your Payment Instrument;
• the funds are held by our Banking Partner for the benefit of Comun customers;
• our Banking Partner converts your funds into Digital Assets equivalent to the value of your Transaction;
• our Banking Partner moves the Digital Assets toward the Destination Country using its settlement infrastructure;
• our FX Partner converts your Digital Assets into the currency of the Destination Country; and
• our Paying Agent in the Destination Country pays your Beneficiary by the payout method you selected.

You do not buy, sell, hold or receive any Digital Asset when you use the Service. You have no Digital Asset account with us or with any Partner. You will never be asked to hold, transfer or convert a Digital Asset during the Money Transfer. The use of any Digital Asset by our Banking Partner as part of its own settlement process will not affect your instruction to us to send a Transaction Amount in U.S. Dollars for payout to your Beneficiary in the Destination Country. The way we and our Partners move that value behind the scenes does not change what you pay, what your Beneficiary receives, or your rights under this Agreement.

No Partner is required to accept instructions from you. Some Partners may require you to enter into their own agreement with them, in addition to this Agreement, before we can provide the Service or a particular part of it. If you have a question or a problem with a Money Transfer, contact Comun, not a Partner, whether or not you have accepted that Partner’s Partner Terms.

Funds you send for a Transaction are not a deposit. Comun is a financial technology company and not a bank or a money transmitter and does not itself hold or move funds as part of the settlement process described above; that is done by our Banking Partner. This does not affect Comun’s status as, and responsibility as, a remittance transfer provider for your Money Transfer under Subpart B of Regulation E, which Comun retains regardless of the roles performed by our Partners. Any FDIC insurance available in respect of funds held at the Banking Partner pending transmission is subject to the terms, conditions and limitations disclosed by the Banking Partner and to applicable law. Funds held or delivered outside the United States are not insured by the FDIC. To the extent any part of your Transaction is represented by a digital instrument as described above, that instrument is not insured by the FDIC, the Securities Investor Protection Corporation, or any equivalent scheme, in the same way cash in transit between banks is not separately insured while it moves.

Because part of this process depends on the settlement networks our Banking Partner uses, a Transaction, once it has settled with your Beneficiary, may not be capable of being reversed even where you believe there has been an error — this is one of the reasons the Cancellations and Refunds section below matters, and why it is important to check your Beneficiary’s details carefully before you submit a Transaction.

Partner Terms

You may have to agree to a Partner’s terms as well as ours. Some of our Partners require you to enter into their own agreement with them before we can provide the Service, or before we can provide a particular Destination Country, payout method or Payment Instrument. Where that is the case, we will present the applicable Partner Terms to you, or make them available to you, on the Site before you are asked to accept them, and before you can use the affected part of the Service. You accept Partner Terms electronically, in the same way you accept this Agreement, and the Electronic Communications section below applies to that acceptance.

If you do not accept. If you do not accept the Partner Terms applicable to you, you will not be able to use the Service, or the affected part of the Service. Declining Partner Terms is not a breach of this Agreement, and it does not by itself affect a Money Transfer you have already submitted.

What Partner Terms cover, and what they do not. Partner Terms govern your relationship with that Partner and that Partner’s own services. They do not change this Agreement, and they do not change what you pay us, the Transfer Fee, the exchange rate, the Payout Amount, or the Date of Availability. Where Partner Terms conflict with this Agreement in respect of the Service, this Agreement controls. No Partner Terms waive, limit or vary any right or remedy you have under the Cancellations and Refunds section below, under Subpart B of Regulation E, or under any other applicable consumer financial protection law, and we will not present Partner Terms to you that purport to do so. Your right to dispute an error, to cancel within 30 minutes, and to a refund is a right against us, and you exercise it by contacting Comun.

Privacy. A Partner may also ask you to acknowledge its privacy notice. That notice governs how that Partner handles your information, and it is separate from, and does not replace, the Comun Privacy Policy. The Comun Privacy Policy continues to govern our own handling of your information.

Changes and new Partners. Partner Terms may change from time to time at the Partner’s discretion, and a Partner may be added or replaced as described in the Modification section below. Where a Partner changes its Partner Terms, or where we engage a new Partner whose Partner Terms apply to you, we will make the current version available to you on the Site, and where the Partner or applicable law requires your renewed agreement, we will ask you to accept it. It is your responsibility to review Partner Terms and any changes to them. If you do not accept a change, you will not be able to continue using the affected part of the Service.

Our responsibility. We are not responsible for a Partner’s performance of its Partner Terms, and a Partner is not responsible for our performance of this Agreement. Nothing in any Partner Terms makes us a party to your agreement with that Partner, or makes that Partner a party to this Agreement, except where this Agreement expressly says otherwise.

Disbursement

Paying Agents

We maintain relationships with Paying Agents to deliver funds to Beneficiaries. Different Paying Agents may serve different Destination Countries and different payout methods, and we may appoint, remove or replace a Paying Agent at any time and without amending this Agreement. As a Sender, you hereby appoint your Beneficiary as your agent for the purpose of receiving funds remitted by you through the Service.

We will strive to provide current information through the Site with regard to our Partners, including our Paying Agents. However, as a user, you agree that we will bear no responsibility for any inaccuracies that may be posted on the Site.

A Partner may suspend, delay, restrict or cease providing its services, with or without notice to us. Where that happens, we may need to delay a Money Transfer, route it through a different Partner, or refuse or refund it under the Cancellations and Refunds section below.

Beneficiary’s Identification

Where funds are paid out in cash, Beneficiaries are required to present valid and acceptable identification documents to the Paying Agent prior to receiving funds. In addition, Beneficiaries may be required to provide a Transaction number and other related information or a similar verifier associated with that Transaction. Where funds are paid out to an account or wallet, the account or wallet identifier and the Beneficiary name you provide must match the records of the receiving institution. You hereby grant us permission to store and rely on the data we may deem necessary in order to have the Beneficiary verify the Transaction and to provide complete, secure and efficient Service, as per this Agreement.

You are responsible for the accuracy of the Beneficiary information you enter. We will have no liability for return of funds or any claims under any circumstances if such information is not correct.

Restrictions

The Service available through the Site is limited to Money Transfers for a maximum amount of $2,999 USD per user per calendar day, We may establish any and all transactional restrictions applicable to Money Transfers in our sole discretion with varying thresholds for varying periods of time (for example, a dollar limit for two weeks, a separate dollar limit for 4 weeks, 6 weeks, 2 months, 3 months, and so on) and may change such restrictions from time to time. We will provide you with any legally required notice, which we will post on the Site.

We maintain vigilance to ensure that the Service is not used for any improper or illegal purpose. By using the Service, you agree to abide by the following additional terms:

• You will provide truthful and accurate information at all times to us when using the Service.
• You will only utilize the Service to send funds for yourself and not for other people, especially persons whom you do not know.
• You must be at least 18 years of age to utilize the Service.
• You will only use the Service for a legal money transfer and will not use the Service for any improper purpose, such as illegal on-line gambling, illegal purchase of controlled substances or prescription medication, purchase of firearms or explosives, fraud, money laundering or financial support of terrorists or terror-supporting organizations.
• You will not use the Service to send multiple Transactions under different names or profiles or in coordination with other persons, or to send Transactions to Beneficiaries in more than one country.
• You will comply with, and not attempt to avoid, our identification, recordkeeping and reporting requirements.
• You will not use the Service to obtain a cash advance from a credit card.
• You will not use the Service in a way that would breach the Prohibited Activities section of the Comun Platform Agreement.
• You will comply with any Partner Terms you have accepted.

The Service is available to customers in all U.S. states.

The Service may only be used to send funds to approved countries, the current list of which can be found on the Site, and which can change from time to time. We enable a Destination Country only where we and each relevant Partner are permitted to operate. We may decline any Transaction to a country, region, institution or person subject to sanctions or other legal restriction, whether or not that country otherwise appears on the Site.

We reserve the right to decline or reject, at our sole discretion, any Transaction at any point before delivery of the underlying funds. In that case, we will credit the funds and Transfer Fee promptly back to the Sender.

Only individuals who have entered into this Agreement with us may use the Service. No entity may register to use the Service and no entity may be named as a Beneficiary; only individuals may be named as Beneficiaries.

The “Date of Availability” of the remittance to the Beneficiary is understood to the extent permitted by the operating hours and banking system availability in the Destination Country. The Date of Availability may vary due to differences in the regulations of the Destination Countries or policies as set by our Partners.

a. For certain cash transactions:

Due to security risks with carrying cash, a foreign bank could offer the Beneficiary an account credit or other option, as a safer alternative to cash payment. Please alert your Beneficiary that they may reject the offer and be paid cash anyway. If such cases occur, please report this situation to us by email to ayuda@comun.app or call us at +1 (646) 600-5660 for prompt action.

There may be cases where cash may not be available at a specific location and the Paying Agent may ask your Beneficiary to come back later. Please inform us of these situations by email to ayuda@comun.app or call us at +1 (646) 600-5660 for prompt action.

b. Restrictions on Beneficiaries

At our sole discretion, we may refuse to process Transactions for certain Senders and Beneficiaries and to certain locations, including without limitation, those entities and individuals included on certain government “watch lists”, including Specially Designated Nationals, non-cooperative or terror-supporting countries and territories, and such other lists as may be issued from time to time by government agencies or watch list organizations. Where a Transaction does not clear this or a similar screening conducted by us or a Partner, we or that Partner may place the funds on hold, and the funds will be released, returned or otherwise handled only as required or permitted by the U.S. Department of the Treasury’s Office of Foreign Assets Control or another applicable regulator, which may take longer than the refund timing described in the Cancellations and Refunds section below.

Applicable law may also require us or a Partner to collect and verify additional information about you or your Beneficiary before a Transaction can be completed, including information about the source or purpose of the Transaction. If that information is not provided promptly, or cannot be verified, your Transaction may be delayed, and in some cases the funds may be held until the required information is received.

Collection of Information

Privacy Policy

By agreeing to this Agreement, you acknowledge and consent to the Comun Privacy Policy, available at https://en.comun.app/legal/privacy-policy. The Privacy Policy describes the information we collect in connection with the Service, including your Transaction data and the Beneficiary information you provide, how we share it with each Partner in order to deliver your Money Transfer, and your rights in respect of that information. Because your Money Transfer passes through several Partners, your information and your Beneficiary’s information will be shared with more than one of them, and each Partner handles that information under its own privacy notice and under the law that applies to it. You may be asked to acknowledge a Partner’s privacy notice as part of the Partner Terms, as described above. Because a Money Transfer is paid out outside the United States, the Beneficiary information and related Transaction information will be transferred to, processed and stored in the Destination Country and other jurisdictions outside the United States, and will be subject to the laws of those jurisdictions, which may afford less protection than United States law. You represent that you have the Beneficiary’s consent to provide their information to us and to our Partners.

If you have a Money Transfer pending when you deactivate your Comun Account, your access to the Service will end but your pending Money Transfer will continue to completion.

Customer Identification Program

To help the government fight the funding of terrorism and money laundering activities, U.S. law requires that we obtain, verify, and record information about you. We may require that you provide us with nonpublic, personal, identifying information and an explanation of the source of your funds. We may also lawfully obtain information about you from other sources without your knowledge, including non-personal identifying information that we may obtain while you visit the Site. Please see our Privacy Policy.

Government Disclosures

We may provide information about you and your Transactions to government authorities and enforcement agencies and in other legal proceedings as well as to our professionals and auditors, all subject to confidentiality agreements, as described in our Privacy Policy.

Verifying Information

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your e-mail address or Payment Instruments or source of funds, such as employment, or verifying your information against third-party databases or through other sources.

Cancellations and Refunds

Disputes

You have a right to dispute errors in your transaction. If you think there is an error, contact Comun within one hundred and eighty (180) days. You can also contact Comun for a written explanation of your rights. You can cancel for a full refund within thirty (30) minutes of payment, unless the funds have been picked up or deposited. For questions or complaints about the Company, refer to the name and contact information of the State Banking Department, including toll-free number and website or email data, referenced on your receipt, or contact the Consumer Financial Protection Bureau: 855-411-2372 / 855-729-2372 (TTY/TDD) www.consumerfinance.gov.

Stop Payments

If you instruct us to pay a Transaction to a designated Beneficiary and later request that we stop the payment of such Transaction within the time frames set from time to time by us (but in no event will the time limit we set be less than thirty (30) minutes from the time on the receipt of the Transaction), we will need to check first with the Paying Agent, and where necessary with our other Partners, to determine if the Transaction has been paid to the Beneficiary. If we can confirm that payment has not been made, the Transaction will be canceled and we will refund or credit back to you, to the Payment Instrument used by you to fund the Transaction, the amount of the Transaction, including the Transfer Fee. Your refund or credit will be in USD. All refunds or credits shall be available promptly.

We do not compensate you for any change in the exchange rate between the time your Transaction is submitted and the time it is refunded.

Right to Refund

Refunds of principal amount and the Transfer Fee and cancellation of the Money Transfer will be made upon written request, which may be in electronic form, of the Sender received within the time frames set from time to time by us (but in no event will the time frame we set be less than thirty (30) minutes from the time on the receipt of the Transaction), if payment to the Beneficiary has not yet been made at the time the request is processed. We will have no liability for return of funds or any claims under any circumstances if any information required for the correct and timely facilitation of your Money Transfer is not correct.

The following provision applies only to transactions from California:

RIGHT TO REFUND: You have a right to dispute errors in your transaction. If you think there is an error, contact Comun within 180 days. You can also contact Comun for a written explanation of your rights. You can cancel for a full refund within 30 minutes of payment, unless the funds have been picked up or deposited. For questions or complaints about the Company, contact: Department of Financial Protection and Innovation: 866-275-2677 www.dfpi.ca.gov. Consumer Financial Protection Bureau: 855-411-2372 / 855-729-2372 (TTY/TDD) www.consumerfinance.gov.

RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if the Company does not forward the money received from you within ten (10) days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of receipt of funds from you unless otherwise instructed by you. If your instructions as to when the money shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of your money. If you want a refund, you must contact Comun. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.

Consumer Complaints

Please contact Comun if you have any problems with the Service. Residents of various jurisdictions should also look at the receipt for federal and state agencies, with email addresses, toll-free numbers and mailing addresses for such government agencies, that may be contacted to report such a customer complaint.

Intellectual Property

You acknowledge that the Service, including but not limited to the content of the Site, text, graphics, links, buttons, logos, and images, as well as all other Comun copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Comun, by the Company or by an affiliate of either (the “Intellectual Property”). You agree not to display, use, copy, or modify any Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated or electronic device to access the Service; (ii) remove or alter any trademark or other proprietary notice or legend displayed on the Site, or on printed pages of it; or (iii) infringe Comun’s, the Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

Monitoring and Enforcement; Termination

We and Comun have the right in our sole discretion to (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, and (b) suspend or terminate your access to all or part of the Site or the Service for any or no reason, including without limitation, any violation of this Agreement. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any person effecting a transaction on or through the Site.

Suspension or termination does not affect a Money Transfer already in process, which will be completed or refunded in accordance with this Agreement and applicable law, or your rights under the Cancellations and Refunds section above.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND COMUN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATION(S) AND FROM ANY ACTION(S) TAKEN AS A CONSEQUENCE OF ANY INVESTIGATION(S) BY EITHER THE COMPANY, ITS AGENTS OR LAW ENFORCEMENT AUTHORITIES OR REGULATORY AUTHORITIES RELATED TO THE SERVICE OR YOUR USE, OR ATTEMPTED USE, OF THE SERVICE.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, or for any merchandise, goods or services you may purchase or obtain from them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimers

Section 3.8 of the Comun Platform Agreement disclaims all warranties regarding the Platform and the Comun Services, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. That disclaimer applies to the Service, and to each Partner, in the same way it applies to Comun.

We will use our best efforts to ensure the timely processing of Transactions but make no claims or warranties regarding the time needed to process a Transaction to completion except as specifically stated on the receipt as to Date of Availability, because, to a great degree, the Service depends on factors outside our control. These factors include the operating hours and processing schedules of each Partner, the settlement networks a Partner uses to move value on our behalf, banks and payment systems in the Destination Country, and the Beneficiary’s bank, wallet provider or payout location, as well as weekends and public holidays in the United States and the Destination Country, and compliance review by us or by any Partner. Because your Money Transfer passes through more than one Partner, a delay at any one of them may delay the Money Transfer.

Indemnity

The indemnification obligations that apply to your use of the Service are set out in Section 3.6 of the Comun Platform Agreement. That provision covers Comun and its Financial Service Providers, a term that includes each Partner involved in your Money Transfer, and it applies to the Service in the same way it applies to your Comun Account.

Limitation of Liability

Section 3.7 of the Comun Platform Agreement limits Comun’s liability to you to $500.00 in the aggregate and disclaims liability for indirect, incidental, special, consequential and exemplary damages, including loss of profits, goodwill, use, data and other intangible losses. That limitation applies to the Service, except for claims under the California Financial Code arising from Transactions originating in California, claims under Subpart B of Regulation E, 12 C.F.R. Part 1005, or claims under other applicable state or federal laws restricting limits on liability under these circumstances.

Because your Money Transfer is carried out by us together with one or more Partners, this $500.00 limit applies in the aggregate to us and to all Partners combined, and not separately to each of them: you are not entitled to recover more than $500.00 in total (in addition to a refund of the Transaction Amount and Transfer Fee), regardless of how many of us contributed to a loss.

Except for our responsibilities under the Cancellations and Refunds section above and under Subpart B of Regulation E and any other applicable consumer financial protection law, which we retain as a remittance transfer provider regardless of any act or omission of a Partner, and subject to applicable law, we are not liable for any act or omission of a Partner, including any delay, error, suspension, refusal or failure to pay by a Partner.

Nothing in this Agreement waives, limits or varies any right or remedy you have under Subpart B of Regulation E or any other applicable consumer financial protection law. Where a Partner’s act or omission gives rise to an error in your Money Transfer, your rights under the Cancellations and Refunds section above are unaffected by the fact that the error occurred at a Partner rather than at us.

Dispute Resolution and Governing Law

Governing Law

This Agreement is governed by the same law as the Comun Platform Agreement, currently the laws of the State of New York without regard to conflict of law principles (Comun Platform Agreement, Section 3.16), without limiting any mandatory consumer protection law of your state of residence.

Disputes with Us

If a dispute arises between you and us, our goal is to learn about and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes regarding the Service may be reported to customer service (see Contact Us below) and to the government agencies listed on your receipt.

Arbitration

Except as otherwise provided in this section, any dispute arising in connection with this Agreement will be resolved by binding arbitration in accordance with the Arbitration Provision and Class Action Waiver in the Comun Platform Agreement, and by accepting this Agreement you and we each waive the right to a trial by jury and to participate in any class action or representative proceeding. Nothing in that provision or in this section waives, precludes or limits your right to bring an individual action in small claims court, to pursue an enforcement action through an applicable federal, state or local agency, to seek injunctive relief in aid of arbitration, or to file suit to address an intellectual property infringement claim.

Electronic Communications

You acknowledge that this Agreement shall be entered into electronically. Unless otherwise required by applicable law, the following categories of information (“Communications”) will only be provided by electronic means and not in paper format or through other non-electronic means: (i) this Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; and (v) any other communication related to the Service. Electronic means may also include SMS or texting.

Message and data rates may apply when you receive SMS messages on your mobile phone.

You may withdraw your consent to receive all Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this Agreement.

In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, (ii) an e-mail account and the capability to read e-mail from us, and (iii) a device and Internet connection capable of supporting the foregoing.

Miscellaneous

Customer Updates

You must promptly update us with any change in your e-mail address or telephone number by updating your profile on the Site. If we do not have correct contact information, we may not be able to notify you of important information or changes in your Transaction status.

No Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intent of this Agreement as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

Modification

We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of this Agreement at any time by reviewing the Site. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Agreement and acknowledge that any attempts by you to modify this Agreement shall be void.

We may change the countries, currencies, payout methods, Payment Instruments, fees and limits available through the Service, and may engage, remove or replace any Partner, without amending this Agreement. Where engaging or replacing a Partner means that new or different Partner Terms apply to you, the Partner Terms section above applies.

Language

In the event that there is any inconsistency between the English and Spanish or other language text on the Site, including this Agreement, the English text shall be binding.

Relationship to Comun’s Other Agreements

This Agreement, the Comun Platform Agreement, the Comun Privacy Policy and any Partner Terms you have accepted together govern your use of the Service. In the event of conflict, the following order applies:

1. your rights under the Cancellations and Refunds section above, and under Subpart B of Regulation E and any other applicable consumer financial protection law, control over everything else;
2. this Agreement controls as to the Service, including over any Partner Terms and over the Comun Platform Agreement;
3. Partner Terms control as to that Partner’s own services and your relationship with that Partner; and
4. the Comun Platform Agreement governs in all other respects.

Frauds and Scams

HELP PREVENT CONSUMER FRAUD!

• Are you sending money to claim lottery or prize winnings, or on a promise of receiving money?
• Are you sending money because you were guaranteed a credit card or loan?
• Are you responding to an Internet or phone offer that you are not sure is honest?
• Are you sending money to someone you do not know or whose identity you can’t verify?
• Are you sending money to someone, particularly if outside the country, who claims to be a relative needing cash for an emergency?

If so, do NOT send the money or, if you have, ask Comun’s customer service agents to request that your transfer be stopped immediately. If your money has not been picked up yet, or otherwise taken, we will process the return for you. Once your Transaction has been picked up or credited to an account, which can happen in a short time, the Transaction is considered concluded, except in the cases of fraud.

Other Terms

Our Right to Refuse or Limit Transactions

At our sole discretion, we may refuse any Transaction or limit the amount to be transferred, whether on a transactional or aggregate basis. At our sole discretion, such limits may be imposed on individuals, linked accounts, related accounts or households, for any of the foregoing, whether based on real or perceived issues. We reserve the right to change or discontinue the Service, or any part of it, including any Destination Country or payout method, to any person with or without prior notice and with or without reason.

Due Diligence and Verification

We have a regulatory obligation to verify customer information, and to monitor and track certain types of Transaction activity. Customer information that we may select to verify may include customer identity, instructions, Beneficiary identification, means of payment for a Transaction and any other information deemed possibly relevant to a review of the Transaction or Transactions. Each Partner is also subject to its own regulatory obligations and may conduct its own screening and review of a Money Transfer. These compliance processes, whether carried out by us or by a Partner, may cause certain Transactions to be delayed or rejected.

Commercial Transactions

The Service may not be used for commercial purposes. You agree that any commercial use of the Service is in violation of this Agreement and is undertaken at your own risk. If we discover that you are using the Service for such impermissible purposes, we reserve the right to reject your Transactions and terminate your right to use the Service at any time without notice or liability.

Limitations on Payment Instruments

Only specific Payment Instruments are eligible for use with the Service. We reserve the right, at our sole discretion, at any time to refuse or reject payment by certain types of Payment Instruments. Transactions must be settled with a Payment Instrument issued by a U.S. financial institution.

Transactions on Behalf of Third Parties

No Transactions on behalf of third parties are permitted.

No Post-Submission Changes

No changes will be permitted to your Transaction after its submission for processing. It is the Sender’s responsibility to ensure accuracy in the Transaction details before submitting the Transaction.

Taxes

You are solely responsible for determining and paying any tax applicable to your Transactions, including any Local Taxes. Neither Comun nor the Service provides legal, financial or tax advice.

Contact Us

If you have any questions, please contact Comun customer service at +1 (646) 600-5660 or ayuda@comun.app.