Terms and Conditions

1.1. These Terms constitute a binding agreement between PokePay Technology Co., Ltd. and the user as soon as the user visits the Website and uses Services. By doing so, the user confirms that he has read and accepted these Terms in their entirety before finishing the registration procedure.

1.2. The user accepts that the Terms may be updated by PokePay from time to time. If the user does not read and agree to any updated Terms, the user must immediately cease all use of the Services. Continued use of the Services after the effective date of any update constitutes the user's acceptance of the updated Terms.

1.3. The information available on the Website does not constitute an offer or invitation to buy any investment related advice or other product or service, nor an offer to sell these to individuals in a jurisdiction where such offer or advertisement is not permitted or cannot legally be carried out, or to the persons to whom targeting such an offer or advertisement would be illegal. If you have decided to visit the Website, you do so at your own initiative and risk and are responsible for compliance with all laws, rules and regulations which apply to you.

1.4. By using the Services, you consent to receive all agreements, notices, disclosures, and other communications from PokePay electronically, including by email or by posting on the Website. You are responsible for maintaining a current and accessible email address on your Account.

2.1. PokePay Technology Co., Ltd. (“PokePay”) is a money services business (MSB) registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), S.C. 2000, c. 17. PokePay provides the following regulated money services (collectively, the “Services”): (i) remittance and international funds transfer services; (ii) virtual currency exchange and transfer services; (iii) prepaid and payment card issuance and related services;and (iv)Payment Service Provider.

2.2. To be able to use all possibilities and functionality of our Services you shall go through the registration process and create an Account. Account is a user account accessible after the registration process and via the Services where the user may request. Users can manage and maintain only one Account. Users are prohibited from creating multiple accounts. When you create an Account you oblige to:

I. change the password, which is generated by our Services automatically, for a strong password that you do not use for any other websites, online or off-line services;

II. provide account email, which belongs to you and shall be, therefore, verified. The access to the provided services without verification of the e-mail is not allowed;

III. maintain the security of your Account and promptly notify us if you discover any suspicious activity related to your account;

IV. take responsibility for all activities that occur under your Account.

V. PokePay strongly recommends that you enable multi-factor authentication (MFA) on your Account where available, as an additional safeguard for your funds and personal information.

2.3. Fees and Charges. PokePay charges fees for certain Services, including remittance, virtual currency exchange, and prepaid/payment card transactions. Applicable fees are disclosed to you prior to the completion of a transaction, or are published on the Website or Fees Schedule. PokePay may amend its fees from time to time in accordance with Section 1.2.

3.1. As an MSB registered with FINTRAC under the PCMLTFA, PokePay is legally required to maintain a comprehensive AML/CTF compliance program. By using the Services, you consent to PokePay collecting and processing your personal information as required under the PCMLTFA and the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (“PCMLTFR”), including for identity verification, transaction monitoring, and mandatory regulatory reporting.

3.2. Mandatory Customer Identification and Verification (KYC). As a condition of accessing the Services, you must submit accurate personal identification information and complete identity verification as prescribed by the PCMLTFR. PokePay will verify your identity prior to providing any Services. Failure to provide required documentation will result in denial or suspension of access to the Services.

3.3. Enhanced Due Diligence (EDD). PokePay applies enhanced due diligence measures to customers presenting elevated AML/CTF risk. This may include collection of source of funds declarations, source of wealth information, and additional identity documentation. You agree to cooperate fully with any EDD requests made by PokePay.

3.4. Politically Exposed Persons (PEPs) and Heads of International Organizations (HIOs). If you are or become a PEP, HIO, or a close associate or family member of such a person, you must disclose this status to PokePay at onboarding and upon any subsequent change. Enhanced due diligence will apply and senior officer approval may be required before Services are provided or continued.

3.5. Beneficial Ownership. Where you access the Services on behalf of a corporation, partnership, or other legal entity, you must disclose all beneficial owners holding 25% or more of the entity and all directors, and provide supporting verification documentation as required by the PCMLTFR.

3.6. Ongoing Monitoring. PokePay conducts ongoing monitoring of customer accounts and transactions throughout the business relationship to detect unusual or suspicious activity and to keep identification information current and accurate. PokePay may request updated identification or additional information from you at any time.

3.7. Suspicious Transaction Reporting and Tipping Off Prohibition. PokePay is required under the PCMLTFA to file Suspicious Transaction Reports (STRs) with FINTRAC where there are reasonable grounds to suspect that a transaction or attempted transaction is related to a money laundering or terrorist activity financing offence. PokePay is prohibited by law from notifying you if an STR has been or may be filed in relation to your account or transactions (the tipping off prohibition under the PCMLTFA). No employee or agent of PokePay will disclose to you the existence of an STR investigation.

3.8. Mandatory Transaction Reporting Thresholds. PokePay is required to file mandatory transaction reports with FINTRAC, including: (i) a Large Virtual Currency Transaction Report (LVCTR) for any receipt of virtual currency valued at CAD†10,000 or more (or two or more transactions totalling CAD†10,000 within a 24-hour period); and (ii) an Electronic Funds Transfer Report (EFTR) for any international electronic funds transfer of CAD†10,000 or more. These filings are mandatory obligations under the PCMLTFA and do not require your consent.

3.9. Travel Rule. For virtual currency transfers and electronic funds transfers at or above CAD 1,000, PokePay is required to collect, retain, and transmit originator and beneficiary information to counterpart financial institutions or virtual asset service providers as mandated by the PCMLTFR. By initiating or receiving qualifying transfers through the Services, you consent to the collection and onward transmission of this information.

3.10. Record Retention. PokePay is required under the PCMLTFR to retain client identification records for a minimum of 5 years after the last transaction conducted or the end of the business relationship, and to retain complete and accurate transaction records for a minimum of 5 years after the date of each transaction. These mandatory record retention obligations take precedence over any request by you to delete your personal information or records.

4.1. Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:

I. you are at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into a binding agreement;

II. you use our Services at your sole option, discretion and risk;

III. you are solely responsible for any applicable taxes which may be payable while using our Services;

IV. there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections, such as any malfunction and unused function;

4.2. You further represent, agree, and warrant that you will not violate any laws, contracts, third-party rights, or engage in any infringing activities by accessing or using the services, and you are solely responsible for all actions or assignments during your use of our services. Without affecting the foregoing, you represent, agree, and warrant that you will not:

I. If the laws of your country prohibit or will prohibit you from using our services, you will not use our services or will immediately stop using them;

II. Use our services to engage in fraud, scams, or any form of illegal activity;

III. Provide false, inaccurate, or misleading information;

IV. Attempt to modify, decompile, reverse engineer, or disassemble our software in any way;

V. Use any robots, spiders, crawlers, scrapers, or other automated means or interfaces not provided by us to access the services or extract data;

VI. Attempt to bypass any content filtering technologies we employ, or attempt to access services or service areas that you are not authorized to access;

VII. Develop any third-party applications that interact with our services without our prior written consent;

VIII. Encourage or induce any third party to engage in any activities prohibited in this section.

5.1. Never share the details of your transaction, including, but not limited to, your ID, the transaction hash, recipient address and/or e-mail related to a account, with anyone except PokePay representatives. PokePay will not request specific information about user accounts, transactions or other personally identifiable data from you unless:

(i) the information is requested to help complete a transaction initiated by you;

(ii) the information is requested to effectively process your enquiry; or

(iii) it is legally required eg. in connection with the AML/KYC procedure.

5.2. PokePay collects, uses, and shares personal information in accordance with its Privacy Policy, available at [insert Privacy Policy URL]. The Privacy Policy is incorporated by reference into these Terms. By using the Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy and in Section 3 of these Terms.

6.1. For the purposes hereof 'Third-Party Content' shall mean the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Website and other Services.

6.2. We do not have any control over third-party services. You may be charged features by the third-party service provider. PokePay is not responsible for any third-party services' features. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.

6.3. While using our Services, you may view Third-Party Content. We do not control, endorse or adopt any Third Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business deals or correspondence with such third parties are solely between you and the third parties. We are not responsive or liable for any loss or damage of any sort incurred as a result of any such deals, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

7.1. PokePay screens all customers, transactions, and virtual currency wallet addresses against applicable Canadian and international sanctions lists, including those maintained under the United Nations Act (Canada), the Special Economic Measures Act (SEMA), and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law). You represent and warrant that you are not a designated person or entity under any applicable sanctions regime and that you will not use the Services to transact with any such designated person or entity.

7.2. Where PokePay identifies that any property in its possession or control belongs to or is under the control of a listed person or entity, it is required to freeze that property, file a Listed Person or Entity Property Report (LPEPR) with FINTRAC, and disclose such property to the Royal Canadian Mounted Police (RCMP) or the Canadian Security Intelligence Service (CSIS) as required by applicable law. By using the Services, you acknowledge these obligations and agree that PokePay may freeze, report, and disclose funds or property without prior notice where required by law.

8.1. PokePay reserves the right, in its sole discretion, to suspend, restrict, block, or terminate your Account and freeze any balance held therein, at any time and without prior notice, where PokePay: (i) is required to do so by applicable law or regulatory or law enforcement authority; (ii) suspects that your Account has been used or is being used in connection with money laundering, terrorist activity financing, fraud, sanctions evasion, or any other illegal activity; (iii) determines that you have breached any provision of these Terms; (iv) is unable to complete identity verification or enhanced due diligence to its reasonable satisfaction; or (v) determines that continuing the business relationship presents an unacceptable AML/CTF or reputational risk to PokePay.

8.2. To the extent that applicable law (including the tipping off prohibition under the PCMLTFA) requires PokePay not to disclose the reason for suspension, restriction, or termination, PokePay is not obligated to provide you with an explanation for any such action.

8.3. You may close your Account and terminate these Terms at any time by submitting a request through the Website or to PokePay's support contact, provided that you have no pending transactions, outstanding obligations, or amounts owed to PokePay. Any funds remaining in your Account following closure will be returned to you, subject to completion of any AML/CTF checks required by law.

9.1. Virtual currencies are not legal tender in Canada or in any other jurisdiction and are not backed by any government or central bank. The value of virtual currencies is highly volatile and can fluctuate substantially within short periods. By using PokePay’s virtual currency services, you acknowledge and accept the following risks: (i) the value of virtual currencies may decline rapidly and you may lose some or all of the value of any amounts transferred; (ii) virtual currency transactions on a blockchain are generally irreversible; (iii) virtual currency wallet infrastructure may be subject to cyberattacks, protocol forks, network congestion, or regulatory actions beyond PokePay’s control; and (iv) the regulatory and legal environment governing virtual currencies is rapidly evolving and future changes may adversely affect the value or transferability of virtual currencies.

9.2. PokePay is not a financial institution, portfolio manager, investment fund manager, securities dealer, or investment adviser. Nothing in these Terms or in connection with the Services constitutes investment, financial, tax, or legal advice. Virtual currency services provided by PokePay are governed by the PCMLTFA as money services business activities only.

10.1. You agree to indemnify, defend, and hold harmless PokePay, its affiliates, officers, directors, employees, agents, and service providers from and against any and all losses, liabilities, claims, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your access to or use of the Services; (ii) your breach of these Terms; (iii) your violation of any applicable law or the rights of any third party; or (iv) any false, inaccurate, or misleading information you provide to PokePay.

11.1. PokePay shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including acts of God, war, civil unrest, terrorism, epidemic or pandemic, governmental or regulatory action, or failure of third-party financial, telecommunications, or internet infrastructure. PokePay's obligations under these Terms will be suspended for the duration of any such event.

12.1. PokePay maintains an internal process for handling user complaints. Complaints regarding the Services may be submitted to [insert designated complaints contact/email]. PokePay will acknowledge receipt of a complaint and use reasonable efforts to resolve it within a reasonable time.

12.2. In addition to its obligations as an MSB under the PCMLTFA, PokePay's payment service activities may also be subject to the Retail Payment Activities Act (RPAA) and its regulations, as administered by the Bank of Canada, to the extent those requirements apply to PokePay's activities. PokePay will comply with any applicable RPAA registration, safeguarding-of-funds, and incident-notification requirements as and when they become effective for PokePay.

12.3. Where a complaint cannot be resolved directly with PokePay, you may be entitled to escalate the matter to an applicable external complaints body or regulator designated for PokePay's activities, where one exists.

13.1. PokePay holds funds received from users for the purpose of executing remittance, virtual currency exchange, or prepaid/payment card transactions separately from PokePay's own operating funds, and takes reasonable measures intended to safeguard such funds pending completion of the relevant transaction.

13.2. Funds held by PokePay in connection with the Services do not constitute a deposit for the purposes of, and are not insured by, the Canada Deposit Insurance Corporation (CDIC) or any other deposit insurance scheme.

14.1. To the maximum extent permitted by applicable law, PokePay, its officers, directors, employees, affiliates, agents, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, loss of data, loss of goodwill, interruption of service, loss of virtual currency value, or costs of substitute services, arising out of or in connection with your use of or inability to use the Services, regardless of the basis of liability.

14.2. PokePay’s total aggregate liability to you arising under or in connection with these Terms shall not exceed the total amount of fees actually paid by you to PokePay in the three (3) calendar months immediately preceding the event giving rise to the claim.

15.1. These Terms and your use of the Services are governed by and construed in accordance with the laws of Canada and the province or territory in which you reside, without giving effect to any conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be subject to the exclusive jurisdiction of the courts of the province or territory in which you reside, or, for users residing outside Canada, the courts of the Province of Ontario, Canada.

15.2. Nothing in this clause shall limit PokePay’s right to seek injunctive or other equitable relief in any jurisdiction, or to comply with any enforcement obligation or regulatory direction imposed by applicable Canadian law, including the PCMLTFA.

16.1. PokePay Technology Co., Ltd. is registered as a money services business with FINTRAC under the PCMLTFA. FINTRAC registration is not an approval, endorsement, certification, or guarantee of PokePay’s products, services, or financial soundness by FINTRAC or the Government of Canada. Registration only confers reporting entity status under the PCMLTFA.

17.1. Severability. If any provision of these Terms is found by a court or regulator of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

17.2. Entire Agreement. These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and PokePay regarding the Services and supersede all prior agreements, representations, and understandings, whether written or oral.

17.3. Waiver. No failure or delay by PokePay in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any other or further exercise of that right.

17.4. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without PokePay's prior written consent. PokePay may assign these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

17.5. Notices. PokePay may provide notices to you by email to the address associated with your Account or by posting on the Website. Notices to PokePay must be sent to the contact details published on the Website.

18.1. “Account” means the user account created through the registration process described in Section 2.2.

18.2. “Services” means the remittance, virtual currency exchange and transfer, and prepaid/payment card services described in Section 2.1, together with the Website and related technology.

18.3. “Website” means the website and associated online or application-based interfaces operated by PokePay through which the Services are made available.

18.4. Headings are for convenience only and do not affect the interpretation of these Terms. References to “including” mean “including without limitation.”