Terms of Use
1. Introduction
ADVANCED PAYMENT SOLUTIONS CANADA INC. ("APS", "we", "us" or "our") is a company incorporated in Canada with its incorporation number BC 1356972, having its registered office at Unit 1, 442 2nd Avenue Fernie BC V0B 1M0 Canada, email contacts@cad.aps.money, being a Money Services Business registered with FINTRAC under MSB registration number M22483616. In consideration for permitting your access to our website and online services and other good and valuable consideration, you agree as follows:
These Terms of Use (“Terms”) constitute a legally binding agreement between you and APS as you click the “Continue” button, the “Continue with Google” button, or any other equivalent button or functionality displayed on the Welcome Screen that allows you to proceed with the APS transaction flow.
For the purposes of these Terms, the “Welcome Screen” means the screen titled “Welcome!” displayed to you during the APS transaction flow, where you are asked to enter your email address or continue with Google, and where a notice is displayed stating that, by continuing, you confirm that you have read and agree to these Terms and the Privacy and Cookies Policy.
You accept and agree to be bound by these Terms at the moment you click the “Continue” button, the “Continue with Google” button, or any other equivalent button or functionality displayed on the Welcome Screen that allows you to proceed with the APS transaction flow.
The Welcome Screen may be displayed on, or accessed through, aps.exchange (the “Website”), web3.aps.money, any related APS webpage, subdomain, interface or redirected transaction page operated by or on behalf of APS. The technical domain or URL on which the Welcome Screen is displayed shall not affect the validity of your acceptance of these Terms.
These Terms govern your access to and use of the services made available from time to time through the Website, web3.aps.money, any related APS webpage, subdomain, interface or redirected transaction page operated by or on behalf of APS, including services that enable you to request the exchange of virtual currency represented on the Website (“digital assets”, “crypto assets”) for funds (“fiat currency”, “funds”) and/or fiat currency for digital assets, and any related payment, transfer, onboarding, verification, compliance and transaction-processing services (collectively, the “Services”).
The Services may only be accessed and used through the Website, web3.aps.money, any related APS webpage, subdomain, interface or redirected transaction page operated by or on behalf of APS and any other access channels expressly approved by APS in writing. You may not access, use or interact with the Services through any unauthorized third-party website, application, interface, script, bot or other means.
The information, disclosures, transaction parameters, limits, fees, rates, estimated timings, warnings, confirmations, user instructions and other details displayed to you on the welcome page, transaction flow pages and any summary, review or confirmation page before you submit or confirm a transaction are incorporated into and form part of these Terms by reference.
IMPORTANT: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OR EXCLUDE OUR LIABILITY, DISCLAIM WARRANTIES, ALLOW US TO REFUSE, DELAY, SUSPEND OR CANCEL SERVICES OR TRANSACTIONS, AND IMPOSE IMPORTANT OBLIGATIONS ON YOU. PLEASE READ THEM CAREFULLY.
By agreeing to by bound by these Terms, you represent and warrant on a continuing basis that: (i) you are at least 19 years old and have full legal capacity to enter into these Terms; (ii) you are accessing and using the Services only on your own behalf and for your own benefit; (iii) you are not located in, organized in, resident in, or ordinarily resident in any jurisdiction in which access to or use of the Website or the Services would be unlawful or would require any registration, licensing or authorization not held by APS or by you; (iv) you are not the subject of any sanctions administered or enforced by Canada, including by the United Nations Act (Canada), the Special Economic Measures Act (Canada), the Justice for Victims of Corrupt Foreign Officials Act (Canada) (Sergei Magnitsky Law), the Criminal Code (Canada), or by the United States, including by the U.S. Department of the Treasury’s Office of Foreign Assets Control, and you are not otherwise a prohibited, restricted or blocked person; (v) you are not located in, organized in, resident in in any jurisdiction identified by the Financial Action Task Force as a “High-Risk Jurisdiction subject to a Call for Action” or a “Jurisdiction under Increased Monitoring” (commonly referred to as the FATF “black list” and “grey list”), or included in the European Commission’s list of high-risk third countries pursuant to Directive (EU) 2015/849, as amended from time to time, and (vi) you have read, understood and agree to be bound by these Terms, as amended from time to time.
If you do not meet all of the foregoing conditions, you must not access or use the Website or any Services.
APS does not open or maintain a permanent user account for you merely because you access the Website or use the Services. In connection with a particular transaction or interaction with the Services, APS may require you to verify your identity, your email address or your device by means of a one-time password, verification code, link or any other authentication method designated by APS. Any such verification, remembered device, saved session or similar functionality is solely a security and convenience feature and does not create a deposit account, payment account, custody account, wallet account or other ongoing account relationship between you and APS.
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. As you are bound by these Terms each time you visit our Website or use our Service, 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 Service 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 Service.
If you do not agree with the amendments, you must immediately stop accessing the Website and Service, subject to the provision of these Terms.
2. Amendments
As our Website and Service 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 Service, 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 Service after such amendments have been posted.
If you do not agree with the amendments, you must immediately stop accessing the Website and Service.
3. Acknowledgment of Risk and Disclosures
BY ACCESSING OR USING THE WEBSITE OR ANY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE RISK DISCLOSURES MADE AVAILABLE BY APS ON THE WEBSITE, AS MAY BE UPDATED FROM TIME TO TIME.
You acknowledge that transactions involving Digital Assets are inherently risky and may result in partial or total loss. The value of Digital Assets may be highly volatile and may fluctuate significantly over short periods of time. Past performance is not indicative of future results, and APS does not guarantee the present or future value, liquidity, marketability or availability of any Digital Asset.
You acknowledge and agree that APS does not provide, and nothing on the Website or in the Services constitutes or should be construed as, investment, financial, legal, tax, accounting or other professional advice. APS does not make any recommendation, solicitation, endorsement or inducement to enter into any transaction, and APS does not assess or monitor whether any transaction is suitable or appropriate for you in light of your financial circumstances, objectives, knowledge or risk tolerance. You are solely responsible for evaluating whether any transaction or any Service is appropriate for you.
You acknowledge and agree that APS is not acting as your broker, dealer, investment adviser, fiduciary, trustee or other professional adviser in connection with your use of the Website or the Services. No information, content, communication, market data, educational material or other material made available by APS shall be regarded as a recommendation or advice to buy, sell, hold or otherwise transact in any Digital Asset or Fiat Currency.
You acknowledge that APS does not own, operate or control the protocols, smart contracts, validators, consensus mechanisms or blockchain networks underlying any Digital Asset, and APS is not responsible for the operation, security, functionality or availability of any such protocol or network. APS shall not be liable for any loss, delay, failure, reduction in value or other consequence arising from or related to any fork, airdrop, validator failure, network congestion, cyberattack, protocol vulnerability, denial-of-service event, change in rules of a blockchain network, or any other event affecting a Digital Asset or the relevant blockchain network.
You acknowledge that the Services may depend on, interface with, or be facilitated by third parties, including without limitation banking partners, payment service providers, wallet providers, custodians, settlement providers, technical infrastructure providers, compliance vendors and blockchain networks. APS does not control such third parties and is not responsible for their acts, omissions, insolvency, errors, delays, interruptions, refusals, chargebacks, reversals, technical failures or other failures to perform. APS may refuse, delay, suspend, reverse or cancel any transaction where required or considered necessary by APS at its sole discretion or any such third party for legal, regulatory, compliance, fraud-prevention, risk-management or operational reasons.
You acknowledge that transactions involving Digital Assets may be irreversible, and that once a transfer instruction has been submitted to a blockchain network or to a relevant third-party provider, APS may be unable to stop, reverse or recover that transaction. You further acknowledge that delays may occur and that completion times are not guaranteed.
You are solely responsible for ensuring that all information you provide in connection with any transaction is complete and accurate, including but not limited: your wallet address, payment details, beneficiary details, network selection, transaction amount and any reference information required by APS. If you provide incorrect, incomplete, incompatible or inconsistent information, the relevant Digital Assets or Fiat Currency may be delayed, rejected, lost, misdirected or become irrecoverable, and APS shall have no liability for any resulting loss except to the extent caused by APS’s gross negligence or wilful misconduct where such liability cannot lawfully be excluded.
You acknowledge that the Website and the Services may be vulnerable to cybersecurity events, including hacking, phishing, malware, ransomware, distributed denial-of-service attacks, private key compromise, unauthorized access, data breaches, social engineering and other malicious activity. Such events may result in delays, service interruptions, data loss, unauthorized transactions or loss of Digital Assets or Fiat Currency, and APS does not guarantee that the Website or the Services will be uninterrupted, error-free, secure or free from viruses or other harmful components.
You acknowledge that Digital Assets, Fiat Currency and any transaction involving them are not bank deposits and are not insured by the Canada Deposit Insurance Corporation, the Canadian Investor Protection Fund, or any other deposit protection, investor protection or insurance scheme, unless expressly stated otherwise by APS in writing. APS makes no representation that any insurance maintained by APS or any third party, if any, will be available, applicable or sufficient to cover any loss you may incur.
You acknowledge and agree that APS is not registered with, regulated by, or a member of the Canadian Investment Regulatory Organization (“CIRO”), and is not a member of the Canadian Investor Protection Fund (“CIPF”). As a result, you will not benefit from any rights, protections, compensation arrangements, complaint mechanisms or coverage that may be available in respect of services provided by CIRO member firms or through CIPF.
You are solely responsible for determining and complying with any tax reporting obligations and for assessing any taxes, duties, levies or other governmental charges that may arise in connection with your use of the Website or the Services or any transaction involving Digital Assets or Fiat Currency. APS is not responsible for determining, withholding, collecting, reporting or remitting any taxes on your behalf unless required by applicable law.
You acknowledge and agree that laws, regulations, sanctions regimes, court orders, regulatory expectations, market practices and third-party requirements applicable to APS, the Website or the Services may change at any time. APS may, in its sole discretion, modify, restrict, suspend or discontinue all or any part of the Website or the Services, or decline to process any transaction, where APS considers this necessary or appropriate for legal, regulatory, sanctions, compliance, fraud, risk-management, operational or security reasons, and APS shall not be liable to you for doing so except to the extent such liability cannot lawfully be excluded.
APS does not guarantee that any transaction request submitted by you will be accepted, processed, completed or settled, even if preliminary steps have been taken, until APS and its relevant third-party providers have completed all required compliance, fraud, sanctions, operational and settlement checks.
You acknowledge that access to the Services may be interrupted or may become unavailable for reasons out of APS’ reasonable control (for example, during times of significant volatility or volume). APS cannot guarantee that any transaction will be executed, accepted, or remain open.
By using the Website or the Services, you accept all of the foregoing risks and acknowledge that you are solely responsible for your decisions, actions and transactions.
4. Nature of Services
APS provides certain technology-enabled services through the Website that enable users to request the exchange (conversion) of Digital Assets into Fiat Currency and the exchange (conversion) of Fiat Currency into Digital Assets, together with related onboarding, verification, payment processing, settlement, transfer facilitation and compliance-related services (collectively, the “Services”). The Services are provided by APS directly and/or through its authorized agents, contractors, affiliates and third-party service providers and/or payment institutions.
The Services may include a service through which you transfer supported Digital Assets to a wallet address designated by APS, whether such wallet is controlled by APS or by a third party, and APS thereafter arranges, instructs or facilitates the transfer of the corresponding Fiat Currency amount directly to a payment card, bank account or other payout method made available or approved by APS. The Services may also include a service through which you transfer Fiat Currency using a payment method, card payment functionality, bank transfer instructions or other funding method made available by APS, following which such Fiat Currency is received into an account, payment environment or other settlement infrastructure designated by APS and maintained with or through one or more third-party providers selected by APS, and APS thereafter arranges, instructs or facilitates the transfer of the corresponding Digital Assets to the external wallet designated by you.
APS may provide the Services by engaging one or more third parties, including without limitation agents, payment service providers, banking partners, acquirers, issuers, settlement providers, custodians, wallet providers, compliance vendors, identity verification providers, fraud prevention providers and technical infrastructure providers. In connection with the Services, APS may also authorize an agent to enter into contractual relationships in its own name on behalf of and for the benefit of APS. You acknowledge and agree that certain parts of the Services may be performed by or through such third parties and that the availability, timing, processing and completion of any transaction may depend on them.
The Services are limited to the Digital Assets, Fiat Currencies, countries, territories, payment methods, payout methods, blockchain networks and transaction types that APS may support from time to time in its sole discretion. Information regarding supported Digital Assets and certain transaction parameters may be displayed on the Website and may change from time to time without notice. APS may add, remove, suspend, restrict or modify any part of the Services, any supported Digital Asset, any supported Fiat Currency, any payment method, any payout method, any blockchain network or any geographic availability of the Services at any time, with or without prior notice, to the extent permitted by applicable law.
APS does not guarantee that any transaction requested by you will be accepted, processed, completed or settled. Any transaction may be refused, delayed, suspended, reversed or cancelled where APS or any relevant third-party provider determines that additional review, verification, screening, confirmations, information or documentation are required, or where APS considers that the transaction raises legal, regulatory, sanctions, fraud, risk-management, security, technical or operational concerns.
APS may impose limits on Services (for example, a maximum of CAD 1,000 within 24 hours), which are subject to change without notice. APS may also impose or apply any other transaction limits, volume limits, velocity limits, cumulative limits, wallet limits, payment method limits, payout limits, country-based limits, asset-based limits, source-of-funds limits or other restrictions that APS considers necessary or appropriate in order to comply with applicable law, regulatory requirements, anti-money laundering and counter-terrorist financing obligations, sanctions requirements, card scheme rules, banking partner requirements, risk management policies or the requirements of any Third-Party Provider.
The Services do not include deposit account services, bank account services, stored value account services, custody services for your benefit, wallet services for your benefit, investment advisory services, brokerage services, securities dealing services, trust services or portfolio management services. Your use of any remembered device, saved session, one-time password, email verification or similar authentication feature does not create an ongoing account relationship, custody relationship or stored balance with APS.
APS is not a custodian, depository, wallet provider, trustee or fiduciary for your benefit and does not hold Digital Assets or Fiat Currency on your behalf. Any receipt, control, routing or temporary handling of Digital Assets or Fiat Currency by APS or through any third-party provider designated by APS shall be solely incidental to the performance of the Services and shall not create a custody, safekeeping, trust, deposit, stored value, bailment or other continuing holding arrangement in your favour.
The Services are made available solely through channels authorized by APS. You may not access or use the Services through any unauthorized third-party website, application, interface, script, bot, scraper or other automated or unofficial means.
5. Description of Services
APS provides Services through the Website that enable you to request: (a) the conversion (exchange) of supported Digital Assets into Fiat Currency and the transfer of the corresponding Fiat Currency amount to a payment card, bank account or other payout method approved by APS (“Off-Ramp Transaction”); and (b) the conversion (exchange) of supported Fiat Currency into Digital Assets and the transfer of the corresponding Digital Assets to an external wallet designated by you (“On-Ramp Transaction”), together with related onboarding, authentication, verification, payment processing, settlement, transfer facilitation, compliance and support services. The Services are provided in Canada.
The Services are provided by APS directly and/or through one or more authorized agents, contractors, affiliates, payment institutions and third-party providers selected by APS from time to time. APS may arrange, instruct, route, settle, facilitate or perform any part of the Services through such persons in its sole discretion.
The Services are available only in relation to the Digital Assets, Fiat Currencies, countries, territories, blockchain networks, payment methods, payout methods and transaction types that APS may support from time to time. APS may add, remove, suspend, restrict or modify any part of the Services at any time, with or without prior notice.
The Digital Assets and Fiat Currencies available to you for a particular Service and transaction route will be displayed in the transaction interface when you begin the relevant Service. Availability may depend on your location, eligibility and verification status, the selected transaction route, payment or payout method, blockchain network and the availability or requirements of any relevant Third-Party Provider. You may request a transaction only in a Digital Asset and Fiat Currency combination displayed as available to you in the transaction interface for that transaction.
No transaction request submitted by You is binding on APS unless and until APS elects to proceed with it (including but not limited to subject to Section 7 of these Terms).
Off-Ramp Transactions
In connection with an Off-Ramp Transaction, APS may provide you, directly or through a Third-Party Provider, with a wallet address, blockchain address or other transfer instructions designated by APS for receipt of the relevant Digital Assets. You must transfer the relevant Digital Assets strictly in accordance with those instructions and using only a supported blockchain network.
You acknowledge and agree that the wallet address designated by APS for an Off-Ramp Transaction may be controlled by APS or by a Third-Party Provider acting on behalf of APS.
Following receipt of the relevant Digital Assets and completion of all checks, confirmations and reviews required by APS and/or its relevant Third-Party Providers, APS may arrange, instruct or facilitate, directly or through one or more Third-Party Providers, the transfer of the corresponding Fiat Currency amount to the payment card, bank account or other payout method designated by you and approved by APS.
APS may satisfy, arrange or facilitate the Fiat Currency leg of an Off-Ramp Transaction through one or more Third-Party Providers. You acknowledge and agree that the Fiat Currency payout may be made directly to you by such Third-Party Provider and that APS does not guarantee the timing, routing, availability or successful completion of any such payout and shall not be held liable in case of any failures in timing, routing, availability or completion of any such payout, subject to the maximum completion period applicable to an accepted Transaction.
On-Ramp Transactions
In connection with an On-Ramp Transaction, APS may provide you, directly or through a Third-Party Provider, with card payment functionality, payment instructions, bank transfer instructions, account details, reference details or other funding instructions designated by APS for receipt of the relevant Fiat Currency amount. You must transfer Fiat Currency strictly in accordance with those instructions.
You acknowledge and agree that Fiat Currency transferred by you in connection with an On-Ramp Transaction may be received into an account, payment environment or settlement infrastructure designated by APS and maintained with or through one or more Third-Party Providers selected by APS, and that such account or infrastructure may be held in the name of APS, an APS affiliate, an APS agent or a relevant Third-Party Provider, as determined by APS.
Following receipt of the relevant Fiat Currency amount in cleared funds and completion of all checks, confirmations and reviews required by APS and/or its relevant Third-Party Providers, APS may arrange, instruct or facilitate, directly or through one or more Third-Party Providers, the transfer of the corresponding Digital Assets to the external wallet designated by you.
You acknowledge and agree that the Digital Asset leg of an On-Ramp Transaction may be performed by a Third-Party Provider acting on behalf of or in coordination with APS, and APS does not guarantee the timing, routing, availability or successful completion of any such transfer and shall not be held liable in case of any failures in timing, routing, availability or completion of any such transaction, subject to the maximum completion period applicable to an accepted Transaction.
Receipt, Acceptance and Completion
For the purposes of these Terms, in the case of an Off-Ramp Transaction, Digital Assets shall be deemed “received” only when they have been transferred to the wallet address designated by APS, are identifiable by APS and/or its relevant Third-Party Provider as having been sent in connection with the relevant transaction request, and have obtained such number of blockchain confirmations, settlement finality or other technical validations as APS may require in its sole discretion.
For the purposes of these Terms, in the case of an On-Ramp Transaction, Fiat Currency shall be deemed “received” only when the relevant amount has been actually received by APS or its designated Third-Party Provider in cleared funds into the account, payment environment or settlement infrastructure designated by APS, together with any required payment references or identifying information, and has passed such internal and external checks as APS may require.
Receipt does not mean that APS has accepted the relevant transaction. A transaction shall be deemed “accepted” only when APS confirms acceptance of the transaction after completing such compliance, sanctions, fraud-prevention, risk-management, technical, operational and other reviews as APS may require in its sole discretion.
An Off-Ramp Transaction shall be deemed “completed” when APS or its relevant Third-Party Provider has initiated the corresponding Fiat Currency payout to the payment card, bank account or other payout destination designated by you in accordance with the instructions accepted by APS.
An On-Ramp Transaction shall be deemed “completed” when APS or its relevant Third-Party Provider has initiated the transfer of the corresponding Digital Assets to the external wallet designated by you in accordance with the instructions accepted by APS.
For each accepted Transaction, the supply of the relevant Service shall commence on the date on which the Transaction is accepted by APS, and the Transaction shall be completed no later than 7 calendar days after that date.
No transaction shall be deemed received, accepted or completed merely because: (a) you have submitted a request through the Website; (b) you have received an automated email, one-time password, acknowledgement, transaction reference or similar notification; (c) a blockchain transaction hash exists; (d) Fiat Currency or Digital Assets have been sent by you; or (e) a preliminary quote, estimate or indicative rate has been displayed.
Quotes, Pricing and Fees
Any rates, quotes, fees, charges, limits, minimums, maximums, supported routes, payout methods, funding methods, transaction parameters or other commercial terms displayed on the Website or during the transaction flow are indicative unless and until confirmed by APS in the manner designated by APS. APS may charge a processing fee for the relevant Service (the “Processing Fee”). You may also be responsible for fees, costs or charges imposed by a blockchain network, wallet provider, payment service provider or other third party. Any such third-party fee that is charged, deducted or collected by APS or a Third-Party Provider as part of a Transaction will be disclosed on the transaction screen before you click the relevant “Pay now” or equivalent button. This does not include any network or gas fee independently charged by the relevant blockchain network or your wallet provider when you send Digital Assets from your external wallet in connection with an Off-Ramp Transaction.
By agreeing to be bound by these Terms, you authorize APS and/or its designated Third-Party Providers to debit, charge, deduct, net or withhold any applicable fees, costs or charges from the Fiat Currency amount, the Digital Asset amount or any related payment made or received in connection with the relevant transaction.
APS may correct, cancel, refuse, amend or reverse any transaction, quote or confirmation where APS determines, in its sole discretion, that there has been a technical error, pricing error, manifest error, settlement failure, fraud concern, compliance concern, sanctions concern, network anomaly or other operational issue affecting the transaction.
For an Off-Ramp Transaction, you are responsible for any blockchain network or gas fee charged by the relevant blockchain network or your wallet provider in connection with the transfer of Digital Assets from your external wallet to the wallet address designated by APS. Such network or gas fee is determined and charged by the relevant blockchain network or wallet provider, is not charged or retained by APS and is separate from any Processing Fee charged by APS.
The transaction screen displayed immediately before you click the relevant “Pay now” or equivalent button will show the Fiat Currency payout amount applicable to the Off-Ramp Transaction, as well as the Processing Fee charged by APS. For some Fiat Currencies the displayed payout amount will be an estimate and the amount actually paid to you may differ to the extent reasonably necessary due to solely exchange-rate movements occurring between your acceptance of the displayed terms and the initiation of the Fiat Currency payout.
For an On-Ramp Transaction, the transaction screen displayed immediately before you click the relevant “Pay now” or equivalent button will separately show the Processing Fee charged by APS, the applicable blockchain network fee, the total Fiat Currency amount payable by you and the amount of Digital Assets to be transferred to the external wallet designated by you.
By clicking the relevant “Pay now” or equivalent button, you confirm that you have reviewed and accepted the exchange rate, fees, amounts and other commercial terms displayed on that screen for the relevant Transaction. Until the terms applicable to a Transaction are displayed on the relevant “Pay now” or equivalent screen, any rates, quotes, amounts, fees or other commercial terms shown earlier in the transaction flow are indicative only and may be updated to reflect market movements, network conditions, third-party fees, payment route availability or other relevant operational factors.
Cancellation and statutory refunds
Except where required by Applicable Law or expressly agreed by APS in writing, Transactions are final once accepted or initiated for processing, and APS does not provide a refund merely because you change your mind, make an error in your instructions, or the market value of any Digital Asset or Fiat Currency changes. Under the Business Practices and Consumer Protection Act (British Columbia) you may cancel these Terms by giving APS notice: (a) not later than seven days after you receive a copy of the Terms if APS did not provide the information or the opportunities to review, retain, correct, accept or decline the contract required by that Act, or if the Terms omit required information or are inconsistent with the information disclosed to you before the contract was entered into; (b) not later than 30 days after the Terms was entered into if APS did not provide you with a copy of the Terms within 15 days after it was entered into; or (c) at any time before the Services are delivered if they are not delivered within 30 days after the supply date stated in the transaction flow or transaction confirmation or, if no supply date is stated, within 30 days after the Terms were entered into. A cancellation notice must state the reason for cancellation and may be sent to contacts@cad.aps.money by a method that permits you to prove the date on which it was sent.
Network Confirmations and Settlement Finality
APS may require any number of blockchain confirmations, settlement finality thresholds, wallet screening results, compliance clearances or other technical or operational validations before treating any Digital Asset transfer as received, accepted, processable or complete.
The number of confirmations or validations required by APS may vary depending on the Digital Asset, the blockchain network, transaction size, volatility, fraud risk, sanctions risk, network conditions, operational considerations and the requirements of APS or any relevant Third-Party Provider, and may be changed by APS at any time without prior notice.
APS shall not be liable for any loss, delay, price movement, missed opportunity or other consequence arising from the time required to obtain blockchain confirmations, settlement finality or other validations.
Incorrect or Incomplete Instructions
You are solely responsible for ensuring that all information, instructions and details you provide in connection with any transaction are complete, accurate, current and compatible with the relevant Service, including any wallet address, blockchain network selection, card details, bank account details, beneficiary details, funding references, payout details and transaction amount.
APS does not control and may not be able to verify the ownership, validity, compatibility or security of any external wallet, payment card, bank account or other payout destination designated by you.
If you provide incorrect, incomplete, inconsistent, invalid, unsupported or incompatible information, instructions or details, APS may refuse, delay, suspend, cancel or permanently decline the relevant transaction and shall not be obliged to recover, return, resend or redirect the relevant Fiat Currency or Digital Assets and shall have no liability for any resulting.
Without limitation, if you send Digital Assets to an incorrect or unsupported wallet address, use an incorrect or unsupported blockchain network, provide incorrect payout details, omit required references, or provide payment information that does not match APS’s instructions, the relevant Digital Assets or Fiat Currency may be delayed, rejected, lost, misdirected, frozen or become irrecoverable, and APS shall have no liability for any resulting loss except to the extent where such liability cannot lawfully be excluded or limited.
Right to Refuse, Delay, Withhold or Decline Completion
APS may, at any time, with or without prior notice and without liability to you, refuse to start the Services, refuse to accept any transaction, refuse to proceed with any transaction, withhold execution, delay processing, suspend settlement, place a hold on any Fiat Currency or Digital Assets, require additional information or documentation from you, decline to complete any transaction, cancel any transaction, or return any funds or assets, where APS or any relevant Third-Party Provider considers this necessary or appropriate.
Without limitation, APS may take any of the actions described above where: (a) APS is unable to verify your identity, authority, payment method, External Wallet or transaction details; (b) APS or any Third-Party Provider has concerns relating to sanctions, anti-money laundering, terrorist financing, fraud, scams, suspicious activity or other criminal or unlawful activity; (c) the relevant transaction raises legal, regulatory, tax, credit, chargeback, reputational, operational, security, technical or commercial concerns; (d) APS or any Third-Party Provider requires additional blockchain confirmations, payment settlement finality or other validations; (e) a pricing, technical, operational error has occurred; (f) a banking partner, card scheme, payment service provider, wallet provider, compliance provider, regulator, law enforcement authority or other competent authority requests, requires or causes such action; or (g) APS determines, in its sole discretion, that completion of the transaction is not possible, advisable or consistent with its internal policies or risk tolerance.
APS shall have no obligation to complete any transaction solely because your Fiat Currency or Digital Assets have been received by APS or by a Third-Party Provider. Receipt of funds or assets may be followed by additional review, delay, refusal, return, reversal or other action as contemplated by these Terms.
Where APS declines to complete a transaction after receipt of Fiat Currency or Digital Assets, APS may, in its sole discretion and subject to applicable laws, operational feasibility, applicable fees, network conditions and the requirements of any relevant Third-Party Provider, return the relevant Fiat Currency or Digital Assets to you, less any applicable fees, costs, losses, expenses, network fees, third-party charges or deductions incurred by APS in connection with the attempted transaction, return or reversal.
APS is not obliged to disclose to you the reasons for any refusal, hold, delay, withholding, cancellation, return, reversal or decision not to complete a transaction, except to the extent required by applicable laws.
Supported Assets, Networks and Service Scope
You may use the Services only in respect of Digital Assets, Fiat Currencies, blockchain networks and transaction types expressly supported by APS from time to time and specified on the Website.
You must not send unsupported Digital Assets, send supported Digital Assets over an unsupported or incorrect blockchain network, or use unsupported payment methods, payout methods or transaction routes. If you do so, the relevant assets or funds may be permanently lost or unrecoverable and APS shall have no liability in that regard.
APS may at any time discontinue support for any Digital Asset, Fiat Currency, blockchain network, payment method, payout method or transaction type and may impose such conditions, deadlines, restrictions or alternative arrangements as APS considers appropriate in connection with any pending or incomplete transaction.
Any Digital Assets transferred by you to a wallet address designated by APS are transferred solely for the purpose of facilitating the relevant transaction requested by you and not for ongoing custody, safekeeping or administration on your behalf.
Any Fiat Currency transferred by you in connection with the Services is received solely for the purpose of facilitating the relevant transaction requested by you and not as a deposit, stored balance, trust arrangement or custodial holding for your benefit.
No interest or other earnings shall accrue to you in respect of any Fiat Currency or Digital Assets received, handled, routed, held or processed by APS or any Third-Party Provider in connection with the Services unless APS expressly agrees otherwise in writing.
Blockchain Protocols, Forks and Related Events
APS does not own, operate or control any blockchain protocol or network underlying any Digital Asset and does not support, monitor or assume any responsibility for any fork, airdrop, staking feature, governance right, sidechain, layer-2 solution, wrapped asset, smart contract functionality or other supplemental or related protocol, feature or entitlement unless APS expressly states otherwise.
APS may, in its sole discretion, decide whether or not to support any forked asset, airdropped asset or other supplemental protocol or entitlement, and APS shall have no obligation to recognize, credit, distribute or make available any such asset, protocol, functionality, right or benefit to you.
APS may suspend, delay, restrict, modify or terminate any Service in connection with a fork, airdrop, protocol change, network disruption or similar event, and APS shall not be liable for any resulting loss, missed opportunity, delay, inability to transact or reduction in value.
Processing Information Relating to Transaction
APS may collect, process, retain and transfer, including but not limited to FINTRAC, information relating to any transaction, including details of the parties involved (including You), the amount, timing, origin and destination of funds, and any other relevant data, for the purposes of complying with applicable laws and regulatory requirements, including anti-money laundering, counter-terrorist financing and sanctions obligations.
APS may disclose such information, without further notice to the User, to FINTRAC or any other competent governmental, regulatory or law enforcement authority, as required or permitted under applicable law.
APS may retain such information for a period of five years, or for such longer period as may be required or permitted under applicable law or regulatory requirements.
6. Prohibited Uses
You may not access or use the Website or the Services, or attempt to conduct any transaction through APS, in connection with any unlawful, prohibited, fraudulent, deceptive or unauthorized purpose or activity. Without limitation, you may not use the Website or the Services in any manner that:
(a) violates any applicable law, statute, regulation, sanctions regime, court order, regulatory requirement, card scheme rule, banking rule, anti-money laundering or counter-terrorist financing requirement, anti-bribery or anti-corruption law, tax law, consumer protection law, export control restriction, or any other legal or regulatory requirement applicable to you, APS or any third-party provider;
(b) involves, relates to, facilitates, conceals or disguises the proceeds of crime or any unlawful activity;
(c) involves fraud, theft, deception, market abuse, sanctions evasion, money laundering, terrorist financing, proliferation financing, corruption, bribery, tax evasion, identity theft, phishing, social engineering, account takeover, ransomware, extortion, scams or any other criminal or improper activity;
(d) involves any person, entity, wallet, account, payment instrument, blockchain address, jurisdiction, country, territory or activity that is subject to sanctions, embargoes, trade restrictions, blocking measures or other legal prohibitions;
(e) infringes, misappropriates, violates or dilutes any copyright, trademark, patent, trade secret, right of publicity, privacy right or other proprietary or intellectual property right of APS or any third party; or
(f) is otherwise inconsistent with the intended and lawful use of the Website or the Services as determined by APS in its sole discretion.
Unless APS has expressly authorized you in writing, you may use the Website and the Services only on your own behalf and for your own benefit, and not on behalf of any other person or entity.
Without limiting the generality of the foregoing, you may not:
(a) use the Website or the Services to transmit, receive, process, settle, convert or route funds or Digital Assets for or on behalf of any third party;
(b) act as an intermediary, agent, nominee, processor, aggregator, broker, exchanger, money transmitter or other service provider for any other person in connection with the Website or the Services;
(c) use the Website or the Services in connection with any money services business, payment services business, virtual asset service provider activity or other regulated activity, whether licensed or unlicensed, except with APS’s prior written consent;
(d) permit any third party to access or use the Website or the Services through your credentials, email verification, one-time password, device, payment method or transaction flow; or
(e) submit any transaction for the purpose of commercial resale, onward transfer, merchant processing, settlement for underlying customers or any business model that exposes APS to undisclosed counterparties or layered transaction risk.
You may not use the Website or the Services in any manner that could interfere with, disrupt, damage, disable, overload, impair or compromise the Website, the Services, APS, any Third-Party Provider, or any other user.
Without limitation, you may not:
(a) attempt to circumvent, defeat, disable or interfere with any security feature, access control, risk control, transaction limit, compliance check, screening process or technical protection used by APS or any Third-Party Provider;
(b) access or attempt to access any feature, environment, data, system, account, wallet, interface or functionality that you are not authorized to access;
(c) use any robot, bot, spider, scraper, crawler, harvesting tool, script, automation, emulator or other automated means or unofficial interface to access the Website or the Services or extract data, unless expressly authorized by APS in writing;
(d) test, scan, probe or monitor the vulnerability, availability, performance or functionality of the Website or the Services, or use the Website or the Services for benchmarking, monitoring, competitive analysis or the development of a competing product or service;
(e) copy, reproduce, modify, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code, underlying ideas, structures or know-how from the Website or the Services;
(f) upload, transmit, distribute or introduce any malware, virus, ransomware, trojan horse, worm, spyware, malicious code or other harmful, disruptive or destructive material;
(g) exploit or attempt to exploit any bug, glitch, malfunction, outage, delay, security weakness, pricing error, technical error or other defect in the Website or the Services for gain or advantage;
(h) submit false, misleading, incomplete, manipulated or deceptive information, documentation, wallet details, payment details, source-of-funds information, source-of-wealth information or transaction explanations;
(i) harass, abuse, threaten, intimidate, defame or otherwise behave in an offensive or inappropriate manner toward APS personnel, agents, contractors, providers or other users; or
(j) encourage, assist or induce any other person to engage in any activity prohibited under these Terms.
Because APS must comply with legal, regulatory, banking, card scheme, sanctions, compliance and risk-management requirements, certain business categories, uses, counterparties and transaction types are prohibited from using the Website or the Services.
Without limitation, the Website and the Services may not be used in connection with:
(a) unlicensed or restricted financial services, including unlicensed money transmission, payment processing, lending, credit, securities, derivatives, investment or brokerage activity;
(b) intellectual property infringement, counterfeit or unauthorized goods, piracy or circumvention tools;
(c) controlled, illegal or restricted goods or services, including weapons, prohibited chemicals, narcotics, drug paraphernalia or other unlawful substances;
(d) adult content, sexual services, exploitative content or unlawful content;
(e) gambling, gaming, betting, wagering or lottery activity to the extent prohibited or not expressly permitted by APS;
(f) deceptive, unfair, predatory or abusive commercial practices, including scams, impersonation schemes, fake investment opportunities, romance scams, refund fraud, chargeback abuse and similar conduct;
(g) shell activity, layering activity, pass-through activity, structuring, smurfing or other activity designed to conceal source, ownership, control, destination or beneficial interest;
(h) businesses or activities involving politically exposed persons, sanctioned persons, high-risk jurisdictions or other high-risk factors where APS is unable or unwilling to manage the associated compliance risk; and
(i) any other category of business, practice, product, service, jurisdiction, counterparty or activity that APS determines to be prohibited, restricted or high risk in its sole discretion.
To verify compliance with these Terms and APS’s internal policies and procedures, APS and its agents, contractors and Third-Party Providers may monitor, review, screen, analyse, investigate and assess your use of the Website and the Services and any attempted, pending or completed transaction.
APS may at any time require you to provide additional information, explanations or documents, including information relating to your identity, residency, payment methods, wallet ownership, source of funds, source of wealth, source of Digital Assets, intended beneficiary, intended purpose of a transaction, relationship to any counterparty, or any other matter APS considers relevant.
You agree to cooperate promptly, completely and truthfully with any such request. APS may rely on blockchain analytics, sanctions screening tools, fraud tools, identity verification tools, payment verification tools and any other internal or third-party sources in determining whether your use of the Website or the Services is permitted.
APS may determine, in its sole discretion, whether any conduct, transaction, attempted transaction, pattern of activity or business use violates this Section 7, Applicable Law or APS’s internal policies.
If APS determines, suspects or believes, in its sole discretion, that you have violated or may violate this Section 6, any other provision of these Terms, or APS’s internal policies, or that your use of the Website or the Services presents legal, regulatory, sanctions, fraud, security, reputational, operational, technical or commercial risk, APS may take any action it considers necessary or appropriate, with or without prior notice and without liability to you.
Such actions may include, without limitation:
(a) refusing to provide the Services to you;
(b) refusing to accept, process or complete any transaction;
(c) delaying, withholding, suspending, restricting, cancelling, reversing or placing a hold on any transaction, Digital Assets or Fiat Currency;
(d) requiring additional information, documents, verifications or waiting periods;
(e) refusing to permit any further use of the Website or the Services;
(f) blocking or limiting access from any device, email address, IP address, wallet, payment instrument, card, bank account or jurisdiction;
(g) returning Digital Assets or Fiat Currency to the source from which they were received, or to such other destination as APS may determine in its sole discretion;
(h) deducting or withholding any fees, costs, charges, expenses, losses, network fees or third-party charges incurred in connection with the relevant transaction, review, hold, return or reversal;
(i) reporting, disclosing or referring information to banking partners, card schemes, payment service providers, blockchain analytics providers, regulators, financial intelligence units, law enforcement authorities or other competent authorities; and
(j) preserving, producing or disclosing records, logs, communications, files, transaction data or other information as APS considers necessary or appropriate.
APS is not obliged to disclose to you the reasons for any action taken under this Section 6.