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AI and Beta Terms of Use

Effective Date: 1 May 2026

These AI and Beta Terms of Use (“AI and Beta Terms”) contain the terms and conditions that govern your use of AI Features and Beta Services (each as defined below).

These AI and Beta Terms must be read in conjunction with the applicable terms and conditions governing the provision of the Services provided by us (“OFX General Terms and Conditions (Business)”) and any other agreement (including any Additional Terms) that you enter into which may apply to your use of the AI Features and Beta Services (each defined below). By accessing or using any AI Feature or Beta Service, you acknowledge that you have read, understood and agree to be bound by these AI and Beta Terms.

Capitalised terms not otherwise defined in these AI and Beta Terms have the meaning given to them in the OFX General Terms and Conditions (Business).

If any inconsistency exists between these AI and Beta Terms and the OFX General Terms and Conditions (Business), these AI and Beta Terms shall prevail.

In these AI and Beta Terms:

  • “we”, “us” or “our” means USForex Inc. (trading as OFX); and
  • “you” refers to the legal entity that has registered with us as a Client to use the Services and has agreed to, and must comply with, the OFX General Terms and Conditions (Business) and any Additional Terms.

These documents contain legal obligations for you and for us, so you should read them carefully to make sure you understand them.

If you have any questions or would like a copy of these AI and Beta Terms, please email business@ofx.com.

By using any AI Feature and/or Beta Service, you confirm that you accept and agree to these AI and Beta Terms as amended from time to time by us in accordance with these AI and Beta Terms.

1.     Your responsibilities

1.1 You are solely responsible for:

  1. your and any Authorised User’s use of AI Features, Output and Beta Services; and
  2. ensuring that you review and independently verify the accuracy, appropriateness and completeness of any AI Feature and Output before its use.

1.2 You must not (and must not permit anyone else to):

  1. provide Input that either violates third-party rights or applicable laws, or is intended, or would reasonably be expected to, generate Output that does the same;
  2. provide Input containing sensitive personal information other than as reasonably required to use the relevant AI Feature;
  3. use Output in a manner that you know, or reasonably should know, violates third-party rights or applicable laws;
  4. represent that Output is human generated or endorsed by us;
  5. use the AI Features, Output or Beta Services to create, train or improve any artificial intelligence or language model; or
  6. attempt to reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of model, algorithms and systems of the AI Features or the Beta Services.

2. Use and processing of data

2.1 We will process personal information (including to the extent relevant Input and Output) (“Service Data”) in accordance with our Privacy Policy and any applicable data protection laws.

2.2 You acknowledge and agree that we may use and process Service Data for the purposes of operating, developing, enhancing and/or improving any AI Feature or Beta Service in compliance with applicable laws and regulations.

2.3 Notwithstanding clause 2.2, we will not use or process Service Data to train any general-purpose machine learning or artificial intelligence models that are made generally available to other customers without your prior consent, except where Service Data has been aggregated or anonymised such that it cannot reasonably be used to identify you, any Authorised User or any other individual associated with you.

3. AI Features

3.1 AI Features may be Beta Services.

3.2 You acknowledge that the AI Features are based on probabilistic models and may produce incorrect, incomplete or biased Output.

3.3 You acknowledge and agree that the AI Features may generate:

  1. Output that is not exclusive or unique;
  2. Output that is not suitable for your purposes;
  3. different Output despite having the same or similar Input; or
  4. Output that does not represent our views.

3.4 You acknowledge and agree that the Output generated by the AI Features is for informational purposes only and does not constitute professional advice, including but not limited to financial, legal, taxation or investment advice. You should seek independent professional advice before making any decisions based on the Output.

3.5 You acknowledge and agree that we may:

  1. terminate or modify your access to an AI Feature for any reason and at any time; and
  2. revise or discontinue an AI Feature for any reason and at any time.

4. Beta Services

4.1 You acknowledge and agree that, to the extent permitted by applicable laws, all use of the Beta Services is at your sole risk.

4.2 You acknowledge and agree that Beta Services may be incomplete and still in development. Beta Services may:

  1. contain bugs or errors;
  2. change before it is launched; and
  3. never be launched.

4.3 You acknowledge and agree that we have no obligation to provide any bug fixes, error connections, patches or service packs for, or any revisions, successors or updated versions to Beta Services (or any part of them).

4.4 You acknowledge and agree that we may:

  1. make updates, changes, repairs or conduct maintenance to a Beta Service at any time, and with or without notice, which may cause changes in the availability or quality of that Beta Service;
  2. terminate or modify your access to a Beta Service for any reason and at any time; and
  3. revise or discontinue a Beta Service for any reason and at any time.

5. Intellectual Property Rights

To the extent permitted by applicable laws and subject to any third-party rights:

  1. you retain any ownership of or intellectual property rights to Input;
  2. we grant you a non-exclusive, non-transferable, revocable right to use Output for your lawful business purposes (subject to these AI and Beta Terms and the OFX General Terms and Conditions (Business));
  3. we and our licensors retain all ownership and intellectual property rights in and to the AI Features and Beta Services, including any underlying models, algorithms, and systems, as well as any derivative works thereof;
  4. you grant us a non-exclusive, non-transferable, worldwide, royalty-free licence to use, process and store Input for legitimate business purposes, including the provision of the Services; and
  5. all rights, title and interest in and to any developments, changes or improvements related to the AI Features or Beta Services arising from any suggestions or feedback you provide will vest in OFX.

6. Limitation of Liability

6.1 The AI Features, Output and Beta Services:

  1. are provided “as is” and “as available”; and
  2. may not always be accurate, complete or suitable for your intended use.

6.2 To the maximum extent permitted by law, we disclaim all warranties, express or implied, with respect to the AI Features, Output and Beta Services.

6.3 To the maximum extent permitted by law and subject at all times to clause 6.4, the limitation of our liability clause in the OFX General Terms and Conditions (Business) will apply to any and all losses, costs, expenses, claims and damages that may arise out of or relate to your use of the AI Features, Output or Beta Services.

6.4 Notwithstanding any provision in the OFX General Terms and Conditions (Business), our total aggregate liability arising out of or in connection with your use of any Beta Service shall be $100.00. If any Service or an AI Feature is also a Beta Service, the limitation of liability set out in this clause 6.4 shall prevail to the extent of any inconsistency.

7. Indemnification

7.1 Subject to clause 7.2, you agree to indemnify us from and against any and all losses, costs, expenses, claims and damages arising from or relating to any third-party claim concerning:

  1. your (or your Authorised User’s) failure to perform any obligations under these AI and Beta Terms; or
  2. any disputes between you and a third-party arising from your use of the AI Features, Output or Beta Services.

7.2 Nothing in these AI and Beta Terms limits or excludes your liability for sums due and payable to us under the OFX General Terms (Business), including under any indemnity given by you.

8. Changes to these AI and Beta Terms

We reserve the right to update or amend these AI and Beta Terms from time to time. Any updates will be communicated to you in accordance with the notice provisions in the OFX General Terms and Conditions (Business).

GLOSSARY

AI Feature(s) means any parts or features of the Services, including any of OFX’s AI tools that make use of large language models or other machine learning and/or artificial intelligence to generate Output.

Beta Service(s) means any parts or features of the Services designated as “beta”, “pilot”, “invite-only”, “limited release”, “pre-release” or any other similar title.

Input means any information, data, documents, text, prompts, images, code or other materials that you submit or make available to us and which is used to generate Output.

Output means any information, data, text, images, code or other materials generated or otherwise output from an AI Feature in response to Input.

Service Data means any data or information processed by us in connection with the provision or use of the Services (including the AI Features and Beta Services), including Inputs and Outputs.