TERMS AND CONDITIONS OF USE

1. Acceptance of Terms

These Terms and Conditions of Use (the “Terms”) govern access to and use of the website, portal, platform, applications, and related services (collectively, the “Platform” or the “Services”) provided by Borrowland Investment Technology Limited (“Borrowland”, “we”, “our”, or “us”). Access to or use of the Platform is conditional upon your acceptance of these Terms and our Privacy Policy.
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By accessing, using, visiting, registering for, or otherwise interacting with the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Borrowland. If you do not agree to these Terms or the Privacy Policy, you must immediately discontinue use of the Platform.
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Borrowland reserves the right to amend or update these Terms from time to time. Any changes will be effective upon posting to the Platform unless otherwise indicated. Your continued use of the Platform following such updates constitutes acceptance of the revised Terms.

2. Eligibility and Access

The Platform is intended solely for individuals who have reached the age of majority in their province or territory of residence in Canada, who reside in Canada, and who possess the legal capacity to enter into binding agreements. By accessing or using the Platform, you represent and warrant that you meet these requirements.
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Borrowland reserves the right to restrict, suspend, or terminate access to the Platform where eligibility requirements are not satisfied or where such action is required to comply with applicable laws or regulatory obligations.

3. Nature of Borrowland Services

Borrowland operates as a financial technology platform that enables users to access digital financial tools and to connect with independent third-party service providers. Borrowland does not provide lending services, extend credit, execute digital asset transactions, or act as a custodian of digital assets.

All lending services accessible through the Platform are provided exclusively by APX Lending, an independent third-party lender that is solely responsible for underwriting, credit decisions, loan terms, servicing, regulatory compliance, and data processing related to lending activities. Borrowland does not participate in lending decisions and disclaims any liability arising from or related to such decisions.
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Digital asset purchase and sale services accessible through the Platform are facilitated through Onramper and its network of regulated providers. These providers are solely responsible for transaction execution, payment processing, compliance obligations, and custody arrangements. Borrowland does not execute transactions or hold digital assets on behalf of users.

4. Additional Agreements

Your use of certain services accessible through the Platform may be subject to additional agreements with third parties, including loan agreements with APX Lending and terms of service of Onramper or payment providers. In the event of any conflict between these Terms and any third-party agreement, the third-party agreement shall govern the applicable third-party services.

5. Account Registration and User Representations

To access certain features of the Platform, you may be required to register an account. By creating an account, you represent and warrant that the information you provide is accurate, complete, and current, and that you will update such information as necessary to maintain its accuracy.
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You further represent that you are acting on your own behalf and not impersonating any other individual or entity, that you are not subject to any sanctions or restrictions that would prohibit your use of financial services, and that your use of the Platform will comply with all applicable laws and regulations.
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You acknowledge that you are solely responsible for all activities conducted through your account, regardless of whether such activities are authorized by you.

6. Account Security

You are responsible for maintaining the confidentiality and security of your account credentials, including passwords and authentication methods. Borrowland will never request your password. You agree to notify Borrowland immediately of any unauthorized access, suspected breach, or misuse of your account.
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Borrowland shall not be liable for any loss or damage arising from your failure to safeguard your account credentials or from unauthorized access resulting from your negligence.

7. Identity Verification and Compliance

To comply with applicable Canadian laws and regulatory requirements, including anti-money laundering and counter-terrorist financing obligations, Borrowland may require you to complete identity verification procedures. Such procedures may include verification of government-issued identification, sanctions screening, politically exposed person checks, and fraud risk assessments.
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Failure to complete required verification procedures may result in restricted access to the Platform or termination of your account.

8. Acceptable Use and Prohibited Conduct

You agree not to use the Platform in any manner that violates applicable laws or regulations, facilitates fraud, money laundering, or terrorist financing, involves the submission of false or misleading information, or interferes with the security or functionality of the Platform. You further agree not to upload malicious code, attempt unauthorized access, or engage in any activity that could harm the Platform or its users.
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Borrowland reserves the right to suspend or terminate access to the Platform in response to violations of these Terms or applicable laws.

9. Intellectual Property

All content, software, trademarks, logos, and materials available on the Platform are the property of Borrowland or its licensors and are protected by applicable intellectual property laws. No license, express or implied, is granted to you except as necessary for lawful use of the Platform.
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You may not copy, reproduce, distribute, modify, reverse engineer, or create derivative works from any portion of the Platform without the prior written consent of Borrowland.

10. Electronic Communications

By using the Platform, you consent to receive communications electronically, including notices, disclosures, statements, and other communications related to your account and the Services. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
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You are responsible for maintaining access to your email account and retaining copies of communications for your records.

11. Loans, Collateral, and Liquidation

Borrowland does not hold, manage, or control collateral and does not determine loan terms, margin requirements, or liquidation thresholds. These functions are performed exclusively by APX Lending.
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Where users obtain loans through APX Lending, digital assets may be pledged as collateral in accordance with the terms of the applicable loan agreement. The value of such collateral may fluctuate due to market conditions. If the value of collateral falls below required thresholds, APX Lending may liquidate collateral to satisfy outstanding loan obligations.

You acknowledge and agree that liquidation may occur without prior notice and may result in the loss of digital assets pledged as collateral. Borrowland is not responsible for collateral valuation, margin requirements, liquidation decisions, or any losses arising from such events.
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You further acknowledge that digital asset markets are volatile and that rapid price movements may result in liquidation even if you actively monitor your position.

12. Third-Party Services

The Platform integrates services provided by third parties, including APX Lending and Onramper. Borrowland does not control and is not responsible for the actions, services, or policies of such third parties, including lending decisions, transaction execution, custody of digital assets, or fees charged by third-party providers.
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Your use of third-party services is subject to the terms and policies of those providers.

13. Risk Disclosure

Digital assets are volatile and may lose value. Transactions involving digital assets may be irreversible. Borrowing against digital assets carries risks, including the potential liquidation of collateral. Digital assets and accounts accessible through the Platform are not insured by the Canada Deposit Insurance Corporation or any investor protection scheme.

14. Anti-Money Laundering and Regulatory Compliance

Borrowland complies with applicable Canadian laws, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Borrowland may monitor transactions, report suspicious activity to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), and restrict access to the Platform where required by law.

15. Disclaimers

The Platform and Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. Borrowland does not warrant that the

Platform will be uninterrupted, secure, or error-free, nor does it guarantee the accuracy or reliability of third-party services.
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You assume all risks associated with the use of the Platform.

16. Limitation of Liability

To the fullest extent permitted by law, Borrowland shall not be liable for any losses arising from third-party services, digital asset price fluctuations, unauthorized access resulting from user negligence, service interruptions, or any indirect, incidental, or consequential damages.
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Borrowland’s aggregate liability shall not exceed the fees paid by you to Borrowland during the twelve months preceding the event giving rise to the claim.

17. Indemnification

You agree to indemnify and hold harmless Borrowland, its affiliates, officers, employees, and agents from any claims, damages, or losses arising from your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

18. Suspension and Termination

Borrowland reserves the right to suspend or terminate your access to the Platform if you violate these Terms, if required by law, or if suspicious or fraudulent activity is detected. Borrowland shall not be liable for any losses resulting from such suspension or termination.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario.

20. Force Majeure

Borrowland shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including natural disasters, acts of government, war, terrorism, pandemics, or infrastructure failures.

21. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Borrowland regarding use of the Platform and supersede all prior agreements or understandings.

22. Contact Information

Borrowland Investment Technology Limited
Email: info@borrowland.io
Address: 57 Crystal Beach Dr, Nepean, Toronto, Ontario K2H5N3, Canada