TERMS AND CONDITIONS

Last Modified: August 19, 2022 

 

Cactus Pay is a brand owned by Cactus Digital LLC, (hereinafter “Cactus”) a Limited Liability Company incorporated under the laws of Delaware, USA, with company number 7111096, and located at 8 The Green, Dover 19901, Delaware, USA. 

 

Cactus – www.cactuspay.com – is operated by XWARD Pay Inc. and its respective partners (hereinafter “XWARD”). XWARD is a Canadian Incorporated Company with incorporation number BC1332850, located at Suite 2500, Park Place 666, Burrard St., Vancouver, BC, V6C 2X8, Canada, and regulated by FINTRAC as a Money Service Business (MSB). 

 

In consideration for permitting your access to our website and online services and other good and valuable consideration, you agree as follows:

 

These terms and conditions (the “Terms”) form a legally binding agreement which govern your access to and use of our website (the “Website” or “Platform”) and our corresponding Android and iOS applications (collectively the “Services”). 

 

By using our Website and Services, you, the user (“you” or “your”), represent and warrant that (i) you are at least 18 years old; (ii) you are not a US citizen; (iii) you are not on any Canadian, European or US government list of prohibited, sanctioned or restricted persons;  and (iv) you have read and understand these Terms and agree to be bound by them. Unless the above representations and warranties are true, you are not permitted to establish an account (an “Account”) with us or otherwise use our Services.

 

If you are using the Website or Services on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, “you” and “your” will also refer to that organisation and yourself individually. For greater clarity, both you as an individual and your organisation are legally bound by these Terms which form an agreement between you and us. 

We use your personal information in accordance with these Terms and our privacy policy, which is available online on our website as amended from time to time (the “Privacy Policy”). By using our Website and Services, you consent to such processing, and you represent that all information provided by you is accurate.‍‍‍

As our Website and Services continue to change, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy. The date of the last version of these Terms is posted above. As you are bound by these Terms each time you visit our Website or use our Services, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Website and Services after such amendments have been posted. We may also undertake to send you notice of any changes to the Terms or policies via email and/or a notification on the Services. 

 

If you do not agree with the amendments, you must immediately stop accessing the Website and Services and terminate your Account, subject to the provision of these Terms. 

Our Services operate as an online platform for sending and receiving payments through e-wallets, using debit cards connected to users’ accounts and buying, selling and exchanging eligible digital assets (collectively the “Digital Assets” or “Eligible Digital Assets” and each a “Digital Asset” or “Eligible Digital Asset”). We may add additional digital assets to our Services. We may also remove support for, or the ability to buy existing Digital Assets, at any time. You agree that these Terms shall apply to any additional digital assets added to our Services.

 

Payment services are provided by Clear Junction, an Electronic Money Institution authorized by the FCA with firm reference number 900684 and registered address at 4th Floor Imperial House, 15 Kingsway, London, United Kingdom, WC2B 6UN.

 

Debit cards are provided by Cospay Limited, an Electronic Money Institution authorized by the FCA with firm reference number 900088, registered address at One, Bartholomew Close, London, United Kingdom, EC1A 7BL and principal member of partner card schemes Mastercard.​​

 

Digital assets purchase, sale, exchange and custody are provided by XWARD and its partners from time to time.

Appointment of Custodian

 

When you purchase Digital Assets via our Services, they will be delivered and held under the custody of a third-party Digital Asset custodian (“Custodian(s)”). 

 

Please note that when you use our custody service to store eligible digital assets you will not receive any fee, rewards or financial compensation of any kind on eligible digital assets so stored.

 

Title & Ownership

 

The Digital Assets held in your Account are fully-paid assets beneficially owned by you. Custodian will record your Digital Assets in its books as separate and apart from anyone else’s Digital Assets and from Custodian own property. Custodian records will at all times provide for the separate identification of the Digital Assets owned by each client. 

 

XWARD nor Custodian will transfer, sell, loan or otherwise rehypothecate Eligible Digital Assets held in a Custody Wallet unless specifically instructed by you, except as required by valid court order, competent regulatory agency, government agency or applicable law. As title owner of assets, you bear all risk of loss. XWARD or Custodian shall have no liability for any Digital Asset price fluctuations or any or all loss of Digital Assets. Notwithstanding the foregoing, we may suspend your access to the Services, including the Custody Service and your access to a Custody Wallet, in the event of market disruptions or periods of volatility. We will use reasonable care and commercially reasonable efforts in connection with the Custody Service to store and secure Eligible Digital Assets in a Custody Wallet. You understand that your use of the Custody Service does not create a fiduciary relationship between you and the Custodian. We have no duty to inquire into, supervise, or determine the suitability of any transaction you initiate involving Eligible Digital Assets in a Custody Wallet. Eligible Digital Assets in a Custody Wallet may be commingled with the Eligible Digital Assets of other Users, and XWARD nor Custodian is under no obligation to return the actual Eligible Digital Assets initially transferred by you to a Custody Wallet, but will return Eligible Digital Assets of the identical type reflected in your Account at the time you request such a return. We may provide information regarding the Eligible Digital Assets in a Custody Wallet to comply with any applicable law, regulation, rule, or request by law enforcement or government agencies.

You agree and acknowledge that you are the initiator and beneficiary of all transfers to your Account, to the extent that the transfer is within your control. You acknowledge that any incoming transfer not initiated or not requested to be initiated by you may not be released to your Account, until or unless you submit information on the person or entity who initiated the transfer. You also acknowledge that we reserve the right to conduct a manual review of your account and any incoming transfer(s), to ensure that the funds can be released to your account. This review period is usually completed within 48 to 72 hours, but it may take longer.

 

By using our Services, you consent to the use of and our integration with each Digital Asset wallet provider and each Custodian to act as a custodian of your Digital Assets. You further consent to the Digital Assets which you purchase or deposit in connection with our Services being delivered to, deposited with and held by a Custodian on your behalf. 

 

We make no representations or warranties as to whether such deposits are insured by any Deposit Insurance Mechanism. 

 

In order to facilitate quicker withdrawals of Digital Assets, you agree that we may use Digital Assets which we own, to carry out withdrawal instructions provided from within your Account on the Services. Upon a withdrawal transaction being requested and confirmed from within your Account on the Services, you agree that we shall have your irrevocable consent to instruct Custodians to cause an equal number of Digital Assets to be withdrawn from their custody, which you owned, to set off amounts we send you, or which you trade as part of such withdrawal transaction.  

 

We do not, nor do we purport to have, ownership of Digital Assets which are delivered to each Custodian by us, on your behalf, in connection with the purchase or exchange of Digital Assets you make on our Services.

 

To the extent you purchase or deposit Digital Assets which are held by a Custodian in connection with our Services, you agree to keep your Digital Assets free from any liens, encumbrances, charges, or claims, unless disclosed and agreed to by us and the applicable Custodian, in writing. You represent and warrant that any Digital Assets you purchase or exchange on our Services are being purchased and exchanged by you directly, and not for or on behalf of any third-party. You are not authorized to use your Account on our Services for or on behalf of any other person or entity. 

While the Digital Assets you purchase or deposit are held by a Custodian, you may elect to withdraw your Digital Assets to an external digital wallet address. Given the nature of digital assets and blockchain technology, we are unable to confirm who owns or controls external digital wallets address you specify for withdrawals. For your protection, you agree to only withdraw Digital Assets from your Account on the Services to external digital wallet addresses which you own and control, and not to any third-party. You acknowledge that we are unable to retrieve withdrawn Digital Assets, or reverse Digital Asset transactions.

 

As our Services may facilitate the withdrawal of your Digital Assets from a Custodian, you authorize us to send withdrawal instructions to each Custodian on your behalf. In doing so, we will act as your agent, with the nature and scope of such agency relationship being limited to sending Digital Asset withdrawal and transfer instructions to the Custodian in accordance with these Terms and any actions taken from within (or in connection with) your Account on our Services. 

To facilitate the withdrawal of your Digital Assets held by a Custodian, when a withdrawal request is made within your Account, we send instructions to a Custodian, on your behalf, to send your Digital Assets to the wallet address you provided us with. In our sole discretion and in rare circumstances, including where your Account is suspended or terminated, we may also rely on withdrawal instructions from the email address registered for your Account on our services. For that and other reasons, it is your responsibility to ensure you maintain sole and exclusive control of any email address used to register your Account on the Services. It is your responsibility to ensure that any incoming or outgoing Digital Assets are sent to the correct digital wallet addresses and specify, where applicable, the correct memo or reference code; whether displayed by us in your Account on the Services, or whether the address and memo code are for an external wallet address. 

 

Your failure to do so may result in the permanent loss of such digital assets, and you acknowledge that this is an inherent risk of using digital assets. 

 

Without limiting any other section of these Terms which restricts or limits our liability, you agree that we shall not be held liable or responsible for any damages or losses, howsoever caused (including by negligence or otherwise), which you suffer, arising from or in any way related to Digital Assets being sent to the wrong wallet address, or the use of a Custodian. If you elect to withdraw any Digital Assets using our Services, you accept full responsibility and liability for ensuring the accuracy of the external digital wallet address and the custody and control of, and access to, the external digital wallet address and related private keys. 

 

Processing times for withdrawing and making delivery of your Digital Assets via a Custodian may vary based upon the network times of the applicable Digital Asset and each Custodian’s processing times.

To establish an Account you will be required to provide certain personal information as set out on the Services, in our Privacy Policy and these Terms, including your name, address, phone number, identity documents, identity numbers, and an email address. 

 

You also agree that all incoming transfers to your Account will be initiated by you, or caused or requested to be initiated by you.

 

If you are establishing an Account in the name of an organization or business, such as a corporation, you may be required to provide a list of documents as per our request.  

As part of our measures to confirm your identity (and the identity of each beneficial owner), we will use third party identification service providers such as Onfido. To learn more about Onfido’s privacy practices, please visit https://onfido.com/privacy/. 

 

We may send copies of your identity documents and personal information to such third-party providers for the purpose of confirming your identity and preventing fraud. In some instances, we may need to speak with you via phone to validate your Account information and your intent to register an Account with us. You agree that we may use the phone number registered with your Account for the above purposes. On such phone calls you must not reveal your Account passwords or passphrases for our or any other services. 

 

Phone calls may be recorded for our own internal quality control and training purposes. To assist us with Account and information validations we may also use third-party service providers. Such service providers may have access to your personal information, including for example, your identity documents, photos you upload to the Service and contact information. Third party service providers may also call you, on our behalf, to assist us with your identity and Account verification.  

 

Upon applying for an Account on behalf of a business or other organization, you represent and warrant that:

• you are fully authorized to bind the business or other organization;
• the business or organization is duly authorized to establish the Account with us and enter these Terms;
• you will fully disclose the names and addresses of all beneficial owners of the business, organization and Account who have a beneficial ownership or control interest (or other similar beneficial interest) of 20% or more;
• The organization is not based in the U.S.
• none of the beneficial owners of the organization are an individual, entity, organization, government or country upon which the Government of Canada, the European Union or the United States of America has imposed sanctions, including but not limited to those listed under the legislation and related regulations referenced online at https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/current-actuelles.aspx?lang=eng.  

  

 

Upon establishing an Account, we grant you a non-transferable, non-exclusive license to access the Services in accordance with these Terms. However, we reserve the right to revoke that license and your access to our Website and Services without cause or justification at any time and without advanced notice. 

 

If you establish an Account with us, access to your Account is not transferable and is only intended for you, the individual who established the Account (whether for yourself, or for and on behalf of your organization). As a result, you are not permitted to change the name associated with your Account, nor are you permitted to purchase, deposit or store Digital Assets for or on behalf of anyone else. If you wish to change your address registered with us, we will ask you to provide information to verify your address change including such supporting documents as specified on the Website, or in our correspondence with you.

 

You are only permitted to hold one Account at a time on our Services. You agree not to establish more than one Account at any time and that we may remove Accounts we deem to be duplicates. In making such a determination, we may consider any personal information you provide to us, or which we have collected pursuant to our Privacy Policy. You agree to promptly provide us with such information and documents we may request from time-to-time, regarding your use of our Services. This may include the names of individuals you are sending or receiving Digital Assets to or from in connection with our Services, or as may otherwise be required for our compliance with applicable laws, rules and regulations. 

You agree that: 

 

• You will not use the Website or Services in any way that intentionally or unintentionally violates any applicable local, state, provincial, national or international law, rule or regulation; 
• Under no circumstances shall you buy, withdraw or transfer any Digital Assets for any illegal purpose, or in the furtherance of a crime;   
• You will not send or receive Digital Assets to or from any individual, entity or country upon which the Government of Canada, the United States of America or the European Union has imposed sanctions, including but not limited to those listed under the legislation and related regulations referenced online at https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/current-actuelles.aspx?lang=eng;  
• You will not impersonate any person or entity or use false identities, documents or information on the Website, Services or in your interactions with us;
• You will not communicate with our staff or contractors in a way that is defamatory, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive; 
• You will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Services, in whole or in part;
• You will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Services; and
• You will not use your Account for your own commercial purposes by sublicensing any rights granted by the Terms or, in any way, sharing the benefit of your Account with others. 

 

If we reasonably believe you are using our Services for any illegal purpose, including but not limited to, in connection with facilitating transactions involving persons or entities who are under economic or other sanctions imposed by the Canadian or other governmental or international authority, we may terminate your Account, charge a termination fee, and require that you liquidate your Digital Assets and withdraw any balance to the bank Account owned or controlled by you, or take such other reasonable measures to return your funds, such as, paying the funds into a court where you may claim them.

To buy Digital Assets, you will be required to fund your Account with Fiat currencies. All funds are held in a bank Account with an independent Financial Institution. Absent any fraud or willful misconduct solely attributable to us, you agree that you bear all risk related to the banks with which your money is held, and the loss or theft thereof. We make no representations or warranties as to whether such deposits are insured by any Deposit Insurance Mechanism. 

 

We may offer various methods for funding your Account, which may change and be updated from time-to-time. Currently, we offer funding by wire transfers. We make no representations or warranties that deposit methods currently offered will continue to be available to you. 

 

You agree that you are not permitted to fund your Account with funds or Digital Assets which you hold for or on behalf of any third-party. Nor are you permitted to fund your Account with Digital Assets or funds borrowed from a third-party. We may, at any time, ask you to (i) disclose the source of fiat funds being deposited in connection with the Services; and (ii) disclose the source and duly respond to any questions we pose concerning the source of any Digital Assets you wish to, or have deposited or withdrawn in connection with our Services. You agree that we may, in our sole discretion, deactivate your Account and no longer permit the use of our Services based on your responses (or lack thereof) and our policies, including for example, our Anti-Money Laundering Policy. We further reserve the right to not facilitate the sale or transfer of your Digital Assets via our Services without providing you any reason, justification or cause. 

 

You are only permitted to use our Services, fund your Account and withdraw funds from your Account with a Bank account bearing the same legal name and address used to register your Account on the Services. You are not permitted to use a joint Bank account with our Services or in connection with any deposits or withdrawals. You agree that we may restrict funding methods and funding amounts for your Account.

You acknowledge that buying and selling Digital Assets may give rise to taxable gains and/or taxable losses, which you are likely required to report for tax purposes. You are encouraged to obtain professional tax advice in connection with your tax filing obligations arising from the buying and selling of Digital Assets. 

Everything on our website and provided as part of our service offering is provided “as is” and “as available” without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. we hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.

 

Before buying or selling digital assets you should obtain legal, financial and tax advice.

 

You agree that, while we strive to have error free and uninterrupted service, we do not guarantee the absence of interruptions nor shall you hold us liable for any damage such interruptions may cause. outages and downtime may occur for various reasons. 

 

You acknowledge that buying and selling digital assets is risky. you should only purchase digital assets if you can afford to lose the entire amount of your purchase. you acknowledge there is a risk that the value of the digital assets decreases to zero. 

 

We make no representations or warranties as to whether each custodian has insurance, or the types of insurance or coverage limits they may have in respect of your digital assets. Please contact the custodians directly with any questions. 

 

You further acknowledge that there is a risk of malicious cyberattacks against our website and services, your account, your personal computing devices, smartphone and the third-party digital asset custodians which may result in the loss or theft of your funds, information and/or digital assets. If you do not wish to have your digital assets stored by the third-party custodian as referenced above, you should withdraw your digital assets to an external wallet which you control. you accept all risks associated with such withdrawals, including but not limited to the risks associated with losing your private keys and sending funds to an incorrect or invalid wallet address, or memo code, where they become forever inaccessible.  

 

While these terms require that you only withdraw digital assets to external digital wallets you own and control, you accept all risks arising from transferring your digital assets to any third-party, including the risk that such third-party misappropriates your digital asset. You are responsible for conducting your own due diligence in respect of any third-parties you elect to send digital assets to. You further accept all risks associated with sending digital assets to fraudulent or otherwise illegal schemes. 

 

 

 

Despite making various digital assets available for sale on our services, we make no representations or warranties in respect of such digital assets, or that they have, or will have any specific utility, functionality or features. 

 

You acknowledge that we are not able to confirm the identity of the owners of any external digital wallet addresses for any digital asset. You accept all risks with any transfer, or attempted transfer, of digital assets to any third-party. As digital asset transactions on the blockchain cannot be reversed by us, it is your responsibility to ensure the accuracy of any wallet addresses you specify for withdrawals.  

 

You acknowledge that the underlying blockchain technology of the digital assets may undergo a divergence, resulting in the formation of new crypto currencies (a “fork”). A fork may impact the value, functionality and other characteristics of the digital assets. We make no representation or warranty as to whether we will support a fork arising from any of the digital assets. You agree that we shall not be responsible or liable for claiming, issuing, storing or holding any crypto currencies resulting from a fork for or on your behalf.  

 

You acknowledge and agree that we may elect not to support a fork arising from any of the digital assets and that in such circumstances, you may not be able to claim any new crypto currencies resulting from a fork. You should not store your digital assets with us if you wish to ensure ownership of any new digital assets arising from a fork. 

 

You agree and acknowledge that we may suspend access to your account, or account functions, such as buying, selling or transferring digital assets or fiat funds for any reason, including for example, scheduled maintenance, your failure to comply with these terms, security or fraud concerns, for regulatory reasons or in the event of a fork.  

 

You agree that you are responsible for, and shall indemnify us in relation to, any and all chargebacks charged to us by any bank, financial institution or other payment provider. You acknowledge that these terms permit us, without any liability to you, to liquidate any digital assets in your account to satisfy any payments owing to us, or any negative balance in your account. 

 

We make no representations or warranties as to the ongoing availability of our third-party service providers to process deposits or withdrawals to and from your account.  In the event third parties we rely on no longer offer or facilitate deposit or withdrawal services, you may not be able to buy or transfer digital assets or fund your account. In such circumstances, you will likely only be able to transfer your digital assets to another digital asset wallet address not associated with our services or a custodian. 

 

We reserve the right to provide your personal information uploaded or collected by our website or services, or otherwise provided to us, to third parties if required by law, and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such personal information may include, but is not limited to, the information described in these terms and our privacy policy, including your name, bank account information and transaction history. 

 

If we are required by law to make any disclosure of your personal information, we may (but are not obligated to) provide you with written notice (to the extent permitted by law) prior to such disclosure so that you may take appropriate action. 

 

We also operate the website and services in conjunction with our independent contractors. Our independent contractors may have access to your personal information in providing services to us, or providing you with access to the website and services. We may use a variety of service providers, employees and servers in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.

 

To the fullest extent permitted by law, without limiting the generality of this section, or any other section limiting our liability, you agree that we shall not be responsible for the acts or omissions, including the negligent acts or omissions, of our independent contractors or third-party service providers.  

You agree that, to the fullest extent permitted by law, in no event will we, our affiliates, officers, directors, shareholders, employees, contractors, agents or suppliers be liable, howsoever caused (including by negligence or otherwise), for any direct, indirect, special, incidental, punitive, exemplary or consequential damages you suffer, whether or not we have been warned of the possibility of such damages and whether those damages were foreseeable or not.

 

If you are dissatisfied with the website or services, or do not agree with any part of these terms, or have any other dispute or claim with or against us, our affiliates, officers, directors, shareholders, employees, contractors, agents, suppliers or licensors, then your sole and exclusive remedy is to withdraw your digital assets and discontinue accessing and using the services.

In addition to and separate from your agreement to not hold the above entities and persons liable for any damages, in the event a court or arbitrator of competent jurisdiction declines to uphold said clause, you agree that:

 

• In no circumstances shall the aggregate liability for any and all claims relating to or in any way arising from the use of our website or services, or in any way related to these terms, be more than the amounts paid by you to us as fees, if any and if implemented, or which we have earned as a result of your account.
• In no circumstances shall we be liable or responsible for any loss of profits or loss of expected revenue or gains. 
• In no circumstances shall we be liable or responsible for any damages you suffer arising from the loss of an opportunity, including for example, the loss of an opportunity to buy, sell or profit from a digital asset.
• In no circumstances shall we be liable or responsible for any loss or damage whatsoever which does not arise directly as a result of our breach of this agreement (whether or not you are able to prove such loss or damage).

 

You agree and acknowledge that we would not enter into this agreement or grant access to the website or services without the above restrictions and limitations on our liability.

You agree to indemnify us, our affiliates, employees, shareholders, directors, agents, representatives and contractors, and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) which may arise from, (i) your violation of these terms, or any policy incorporated by reference; (ii) your violation of any third party right; (iii) any breach of a representation or warranty made by you to us, either in these terms, privacy policy or otherwise; (iv) any breach by you of applicable laws, rules or regulations; or (v) any claim for damages brought against us by the custodian or their affiliates, or any bank or financial institution, related to or arising from your account or your use of the services.

 

Without limiting the above limitations on our liability in any way, you agree that we shall not be liable or responsible to you for the loss or theft of any digital assets caused or contributed to by a custodian, whether such loss or theft was caused, in whole or in part, by their negligence, fraudulent misconduct or otherwise.

These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, Canada, and any Canadian federal laws applicable therein.

 

In respect of a claim by either you or us arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us, you agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of British Columbia, Canada (including the Federal courts and tribunals as applicable) for the settlement thereof.  

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 

 

Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute at the discretion of the court. 

 

No Interpretation Against Us

 

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms.

 

Waiver of Class Proceedings and Trial by Jury

 

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. 

To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

There are many risks associated with Digital Currency, some of which are independent of the Services (and that are present in other Digital Currency business models), for which we will not be responsible and will not have any liability for, including the following Risks:

(i) Blockchain transactions are final, irreversible and irrecuperable. You must be careful not to transfer Digital Currency from your personal wallet to other external wallets, untrustworthy businesses or to people you do not personally know. 

(ii) You are responsible for ensuring that any Digital Currency or money transfers that you conduct are with a trustworthy person or business. Any Digital Currency transfer that you perform is final, irreversible and irrecuperable. You are responsible for ensuring that any Digital Currency or money transfers that you conduct are with the correct person or business. 

(iii) You are responsible for securing your device, email account, phone number, and other methods of communication that you use with our Services.

(iv) There are some Digital Currencies that have address formats that overlap (e.g. Bitcoin and certain Bitcoin forks). If you send a different Digital Currency to a wallet address not intended for that Digital Currency, then it will result in a permanent loss because the other Digital Currency is not supported. This rule also applies to different blockchain architecture including but not limited to, sending on the BEP blockchain or Layer 2 Network. Always take care when conducting Digital Currency transactions, and if you are in doubt, you should contact our customer support to receive technical support about blockchains and address formats. 

(v) At peak times, or during a period of instability in a blockchain network, it may not be possible to move your Digital Currency to private keys that are personal to you as fast as it usually is.

(vi) We attempt to provide support for popular Digital Currencies (e.g. Bitcoin, Ethereum and USDC) but do not guarantee that it will continue to support any particular Digital Currency. In the event that we are forced to disable or remove a Digital Currency we will attempt to provide notice in advance.

(vii) It is possible that you may experience a technical error while using the Services. If you experience such an error you should report the anomaly to customer support rather than taking action. We endeavour to fix all errors on a timely basis but will not accept responsibility for your actions based on user interface errors.

(viii) Blockchain developers occasionally develop new blockchains that split off from the current version (a “Fork”) and it is likely that we will not support the Fork. To help mitigate this risk, you should move your Digital Currency to private keys that are personal to you, in advance of the Fork launching. Moving your Digital Currency to private keys that are personal to you will allow you to use and interact with any alternative Fork version of a Digital Currency that we do not support.

We are subject to stringent requirements, including anti-money laundering laws. As part of our requirements under applicable laws, it might be necessary for us to temporarily pause or permanently terminate activities involving your Account.

 

We may place a freeze on your Account (“Account Freeze”) if we are required to do so as part of our regulatory requirements (e.g. FINTRAC requirements), if we believe your Account or your use of the Services does not comply with this agreement, if we believe your Account or your use of the Services exposes us, yourself, another user or third party to excessive financial, security, legal, reputational or any other risk, or if we are required to do so as part of any other legal requirement. We may communicate with you to resolve any Account Freeze, which may include requesting documentation or further information (to the extent that we are permitted by law to do so). If we do not communicate with you and you realize your Account has been frozen, it is your responsibility to reach out to our support team.

 

In some circumstances, we may continue an Account Freeze for days or weeks, and ultimately may be required to terminate your Account and return your assets to you if we suspect that activities associated with your Account may be contrary to Canadian law, or damaging to us or another person. We reserve the right to impose an Account Freeze or terminate your Account in our sole discretion and your sole remedy for such an Account Freeze or termination shall be the return of your assets, minus account closure and investigation fees of EUR 300 minimum and up to 5% of the funds deposited on your account, subject to any law that requires us to do otherwise.