Operating Provisions

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS POSTED TO THE SERVICE FROM TIME-TO-TIME. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFIED VERSION, STOP USING THE SERVICE IMMEDIATELY. THESE TERMS ARE APPLICABLE FOR FINCLUSIVE’S CAAS GATEWAY SYSTEMS AND SERVICE USE. BY USING THE CAAS GATEWAY PLATFORM YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THE THESE TERMS.

BY USING OR ACCESSING THE SERVICE, YOU AFFIRM YOU ARE AT LEAST 18 YEARS OF AGE.



  1. General Terms
    1. By using FinClusive’s CaaS Gateway Service (‘Service’ or ‘Gateway’), you are agreeing to these Terms. These Terms apply to any use by you of the Service and may supplement specific terms as may be contained in your hard-copy or electronic Agreements with FinClusive (to the extent applicable). For example, these Terms apply:
      1. when you access or use the Service on a computer or device, even if you don’t register to use the Service; and
      2. when you register as a user of the Service.
    2. You agree to provide accurate, current and complete information when you register as a user of the Service. You further agree to promptly update your Personal Information (including for your organization and any associated beneficial owners or control persons (‘Significant Parties’) as may be relevant for entity/institution clients) when it changes.
    3. Some functionality of the Service will involve the collection and transmission of information that personally identifies you or your organization. Please review our Privacy Policy and Privacy Notice and any privacy notice or disclosure relating to the Product you apply for or obtain through the Service for more information about how we or our third party providers collect, use and share Your Personal Information. By using the Service, you are consenting to FinClusive’s Privacy Policy.
  2. Changes/Conflicts
    • FinClusive reserves the right, at any time without notice to you and in our sole discretion, to change or discontinue all or any portion of the Service, the Terms and/or the Operating Provisions. We may modify these Operating Provisions from time-to-time by notifying you of such modifications by any reasonable means, including by posting revised Terms through the Service, updating these Operating Provisions or other legal, privacy, disclosure and terms of service on our website. Continued access to or use of the Service following such modifications constitutes your acceptance of those modifications. Any such modifications will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Operating Provisions incorporating such changes, or otherwise notified you of such modifications. To the extent that there is a conflict between these Terms, Operating Provisions and the terms of any Service Agreement, these Terms and Operating Provisions will govern (for the avoidance of doubt, in respect of FinClusive’s Gateway service).
  3. CaaS Gateway

    1. Service Terms:

      1. Third Party Service Provider (TPSP). FinClusive is not a bank, does not have a banking charter and is not a licensed Money Services Business. Rather FinClusive is an exempt third party services provider, providing compliance services and tools to assist its payment partners and “banks of records” (BoRs) in meeting their legal and regulatory compliance obligations.
      2. FBO Accounts - NOT FDIC INSURED. FinCluisve’s BoR partner may create and utilize a “For the Benefit Of”(FBO) Account for transaction processing. As such, FDIC insurance, is NOT available from FinClusive and may NOT apply to transactions utilizing FBO Accounts and any sub-accounts thereunder at partner BoRs.
      3. Compliance Information Sharing and TPSP Notice:
        1. Compliance Information. Consistent with global, international banking standards and practices, regulatory and compliance information as may pertain to you and/or your CaaS Gateway transactions may be generated and shared with the BOR and/or receiving or generating transactional counterparty as dictated by applicable law, regulation or compliance practices.
        2. Notice. If applicable, You and/or your clients as will be provided notice at the time of onboarding from FinClusive that the organization with which you are affiliated utilizes FinClusive as a TPSP to provide compliance services. If you personally direct transactions involving the banking account established on your or your organizations behalf, these compliance fulfillment service terms set forth herein may apply to you directly.

    2. Hours of Operation

      • Hours of General - FinClusive's business hours are between the hours of 8:00AM and 5:00PM US Eastern Time Zone (ET) or UTC -5 hours.
      • Customer Support - FinClusive provides 18-hour customer support between the hours of 8:00AM ET and 8:00PM ET on Monday through Friday with exception of US Bank Holidays. US Bank Holidays for 2023 are:
      Holiday 2022 2023
      ThanksgivingJanuary 1*January 1**
      Martin Luther King Jr. DayJanuary 17January 16
      Washington's Birthday FebruaryFebruary 21February 20
      Memorial DayMay 30May 29
      Juneteenth National Independence DayJune 19**June 19
      Independence DayJuly 4July 4
      Labor Day SeptemberSeptember 5September 4
      Columbus DayOctober 10October 9
      Veterans DayNovember 11November 11*
      Thanksgiving DayNovember 24November 23
      Christmas DayDecember 25**December 25

    3. Transaction Processing for ACH and FedWire:

      • General – FinClusive will process daily transaction requests until 3:00PM ET on Monday through Friday with exception of US Bank Holidays (“Daily Cut-Off Time”).
      • ACH transfer processing time – ACH transfers received prior to Daily Cut-Off Time may take between one and three business days (up to five business days for ACH debits) to be completed depending on the sending and receiving bank.
      • Daily ACH payments shall be limited to US $20,000.00 per customer unless alternative limits have been specifically agreed to. Please see Pre-Funding Requirement below.
      • FedWire transfers received prior to Daily Cut-Off Time will be transmitted same day.
      • FinClusive is not responsible for losses caused by erroneous coding by the customer.

    4. Transaction Processing for XLM and USDX (“Tokens”):

      • General – FinClusive may accept daily Token transaction requests until 5:00PM ET on Monday through Friday with exception of US Bank Holidays.
      • Same day Token transfer is not guaranteed depending on size of transaction.
      • Daily value of Token transfer is limited to US $20,000.00 per customer unless alternative limits have been specifically agreed to. See Pre-Funding Requirement below.
      • Customer to assume all Token spread risk and exchange transaction fees.
        • Note transaction and/or conversion fees may be incurred related to such transfers and may change by exchanges and/or liquidity providers with whom FinClusive works.
      • You shall be bound by the applicable daily or weekly limits as agreed to between you and FinClusive.
      • FinClusive shall not be responsible for losses caused by:
        • Errors in coding by customer.
        • Customer’s wallet or other credentials being compromised.

    5. Customer Master Account Deposits:

      • Deposit posting time – deposits received prior to Daily Cut-Off Time will be reflected on customer’s account that evening and typically at midnight.
      • FinClusive shall not be responsible for any delays on posting of deposits due to any reason including, by way of example and without limitation, the following:
        • Deposit size is such that FinClusive’s bank requires a hold.
        • Errors by sender.
        • Issues that may arise with any non-FinClusive system or network including: SWIFT, FedWire, ACH, Stellar, or other processing services.

    6. Pre-funding:

      • FinClusive reserves the right to require the Customer (or Client) to pre-fund a non-interest-bearing account maintained at FinClusive’s bank of record (BoR) prior to the settlement date of the entries.
      • FinClusive shall determine whether pre-funding is required based on criteria established from time to time by FinClusive. FinClusive will communicate directly to you if pre-funding is required and, if you request, will provide you with an explanation of its pre-funding criteria.
      • If it is determined that pre-funding is required, you shall provide immediately available and collected funds sufficient to pay all entries initiated by you for your behalf or that of your clients (a) not later than 3:00 PM (1500hrs) ET two banking days before each settlement date, and (b) prior to initiating any entries for which pre-funding is required.

    7. Reserves:

      • From time to time, FinClusive shall evaluate your transaction activity for the purpose of establishing averages for transaction frequency, amount, returns and adjustments and/or adjusting limits or other provisions governing your payments activities and needs.
        • These evaluations will occur at least annually and may occur more frequently at FinClusive's discretion.
      • In connection with these evaluations, FinClusive reserves the right to require you to establish reserves with FinClusive at our bank of record calculated by FinClusive to cover your obligations to FinClusive arising from Network activities under this Agreement.
      • Reserves may be expressed as a fixed dollar amount or as a "rolling reserve" calculated based on "rolling" averages determined by FinClusive's periodic evaluations.
      • The amount of reserves required by FinClusive, if any, will be communicated directly to you from time to time.
      • You agree to establish reserves as required by FinClusive within five banking days after receipt of a communication from FinClusive setting forth the amount of required reserves and the basis of calculation used to determine the amount of reserves.
      • FinClusive may suspend ACH, FedWire, and/or other processing activity if you fail to establish the required amount of reserves within the time-period specified by FinClusive in its communication to you.
  4. Export Controls
    • You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
  5. USA PATRIOT Act
    • To help the government fight the funding of terrorism and money laundering activities, federal law requires we obtain, verify, and record information that identifies each person who creates a relationship. Meaning, when you create a relationship, whether or not supplied by your institution, FinClusive shall conduct and you shall be deemed to have consented to requisite know-your-customer/know-your business (KYC/KYB) and relevant customer due diligence (CDD) activities (including, where necessary, enhanced due diligence (EDD)), which shall include, but will not be limited to, your name, address, date of birth, identification number (and the requisite equivalents for entity/institutional clients, including information related to significant parties) and other information that will allow us to identify you.