W8M8 EXCHANGE INC. TERMS & CONDITIONS

1. Our Services

W8M8 EXCHANGE INC. (“W8M8”, “we”, “us”, “our”) operates a non-custodial, peer-to-peer (P2P)/OTC cryptocurrency-to-fiat exchange service for individuals and eligible entities.

Key features (as per our Compliance Policies):

• We never take custody of your cryptocurrency or fiat. All virtual currency (VC) and fiat transfers occur directly between you and us or verified counterparties.
• Transactions are facilitated via reputable P2P platforms (e.g., Binance P2P) with pre-screened counterparties and settled exclusively through direct C2B bank transfers using only Canadian bank accounts.
• No cash transactions, no third-party payments, no anonymity-enhancing tools (mixers, tumblers, privacy coins), and no anonymous dealings are permitted.
• All services are provided subject to Canadian law, FINTRAC MSB registration (C10001484), and our strict AML/CTF, sanctions, and KYC controls.

We reserve the right to refuse, suspend, or terminate any transaction or account at our sole discretion for compliance, risk, or security reasons.

2. Eligibility & User Representations

To use our services you must:

• Be at least 18 years old (or the age of majority in your jurisdiction) and not a minor.
• Have full legal capacity to enter into binding agreements.
• Be a resident of a jurisdiction that is not prohibited under our AML/CTF Policy. Prohibited jurisdictions include all countries/regions subject to Canadian, UN, or other applicable sanctions.

Prohibited jurisdictions:

• Afghanistan
• Albania
• Algeria
• Angola
• Bahrain
• Barbados
• Belarus
• Bolivia
• Botswana
• British Virgin Islands
• Bulgaria
• Burkina Faso
• Cambodia
• Cayman Islands
• Central African Republic
• Cuba
• Côte d’Ivoire
• North Korea
• DR Congo
• Egypt
• Gibraltar
• Haiti
• Iran
• Iraq
• Israel
• Jordan
• Kuwait
• Laos
• Lebanon
• Libya
• Mauritius
• Monaco
• Morocco
• Mozambique
• Myanmar
• Nepal
• Nicaragua
• Oman
• Pakistan
• Panama
• Qatar
• Russia
• Saudi Arabia
• Somalia
• South Sudan
• Sri Lanka
• Sudan
• Syria
• Tunisia
• Uganda
• Ukraine (Crimea/occupied regions)
• UAE
• Venezuela
• Yemen
• Zimbabwe

We do not onboard or serve customers from these areas.

• Not be a Politically Exposed Person (PEP), Head of an International Organization (HIO), or their family/close associate unless you have disclosed this and we have completed Enhanced Due Diligence (EDD) and senior management approval.
• Not appear on any sanctions list (CCASL, UN, Public Safety Canada terrorist list, etc.).
• Use only a bank account and wallet address registered in your own verified name (no third-party accounts or wallets).

By using our services you represent and warrant the above and that all information you provide is true, accurate, and complete.

3. Account Registration, KYC & Verification

• You must complete our KYC process (via approved methods) before any transaction.
• We collect and verify: full legal name, date of birth, address, ID, proof of address, biometrics, PEP/sanctions screening, source of funds (when required), and beneficial ownership (for entities).
• We apply a risk-based approach (Low/Medium/High Risk) per our AML/CTF Policy. High-risk users require Enhanced Due Diligence (EDD), source-of-wealth verification, and senior approval.
• Ongoing monitoring and periodic updates are mandatory. You must notify us immediately of any material changes.
• We may refuse or terminate your account if verification fails, red flags appear, or you refuse to provide required information.

4. Transactions & Travel Rule

• All transactions are subject to our step-by-step processes in the Operational Procedures.
• For VC transfers ≥ CAD 1,000 we comply with the Travel Rule (collect/transmit originator and beneficiary information).
• Fiat settlements occur only via Canadian bank transfers; payer/payee names must exactly match your verified KYC details.
• Large transactions (≥ CAD 10,000 in 24 hours) may trigger mandatory reporting (LVCTR, EFTR, etc.).
• You are responsible for accurate wallet addresses and bank details. We are not liable for losses due to incorrect information you provide.

5. Fees & Pricing

Fees (if any) are clearly displayed on the website or agreed per transaction before confirmation. You agree to pay all applicable fees, network/gas fees, and any third-party charges. We may update fees with notice.

6. Prohibited Conduct

You must not:

• Use the service for any illegal purpose, money laundering, terrorist financing, sanctions evasion, fraud, or other criminal activity.
• Engage in third-party payments, cash dealings, mixers, privacy coins, or anonymity tools.
• Provide false or misleading information.
• Attempt to circumvent our controls or use multiple accounts.
• Trade on behalf of anyone else without full KYB and third-party determination.

Violation will result in immediate account suspension/termination and may trigger STR filing to FINTRAC.

7. No Custody & Risk Acknowledgement

• We do not hold your assets. Title to cryptocurrency and fiat remains with you at all times.
• Cryptocurrency transactions are irreversible. You bear all risk of loss from wallet errors, hacks, or volatility.
• We are not a financial advisor, bank, or custodian. Past performance is not indicative of future results.

8. Privacy & Data Protection

We collect and process personal data in accordance with PIPEDA, BC PIPA, and our Privacy Policy (available on the website). By using our services you consent to the collection, use, and sharing of data as described in our KYC/AML processes and for regulatory reporting.

9. Limitation of Liability

To the maximum extent permitted by law:

• Our services are provided “as is” without warranties.
• We are not liable for any indirect, consequential, or incidental damages, including loss of funds due to volatility, wallet errors, or third-party actions.
• Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your breach of these Terms, your transactions, or your violation of any law.

11. Termination & Suspension

We may suspend or terminate your account immediately for any breach of these Terms, Compliance Policies, or if required by law or regulators. Upon termination you must complete any pending compliance obligations.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any disputes shall be resolved exclusively in the courts of Vancouver, British Columbia.

13. Amendments

We may amend these Terms at any time. Continued use after changes constitutes acceptance. We will post updates on the website.

14. Miscellaneous

• These Terms constitute the entire agreement.
• If any provision is invalid, the remainder remains in force.
• Our failure to enforce any right does not waive it.
• You may not assign your rights; we may assign ours.
• Headings are for convenience only.