Terms and conditions

Please read these Terms and Conditions carefully before creating an account. If you do not agree with all or any of these terms, please immediately leave the website.

Introduction

These Terms and Conditions ("Terms") govern the rules and regulations for your use, as an individual or legal entity, of the website keytom.com ("Website") and associated services ("Services"). 

The Website is the exclusive property of Keytom Services Ltd, a company registered in the Province of British Columbia, Canada, under registration number BC1291639, with a registered office at: 210 - 1715 Dickson Ave. Kelowna, BC, CANADA V1Y6G3 ("Company," "we," "us," "our"). 

By creating an account, applying for a Service, or otherwise expressly accepting these Terms, you agree to be bound by them, and these Terms constitute a legally binding agreement between you, an individual or legal entity (the “User,” “Client,” or “you”), and the Company. Mere browsing of the Website without creating an account or applying for a Service is governed by the limited website-use rules set out below and does not, by itself, make you a party to these Terms.

The Company provides access to payment card services in cooperation with third-party partners.

The issuance, servicing, and use of such payment cards are governed by separate policies and terms applicable to card products.

1. Definitions

"Agreement" — These Terms and Conditions, including all appendices, supplements, and referenced policies, such as the Privacy Policy and Fee Schedule.

“Account” — a client account opened and maintained by the Company for the purpose of providing the Services, including the performance of regulatory, AML/KYC, and compliance procedures, and enabling the Client to access the Services through the Website or other approved channels.

"AML/KYC" — Anti-Money Laundering and "Know Your Customer" procedures that the Company applies to verify the identity of its users and prevent illegal activities.

"Applicable Law" — All laws, statutes, regulations, and decrees applicable to the provision and use of Services, including, but not limited to, the laws of Canada and the European Union.

“Automatic Currency Conversion” — automatic currency conversion applied to a transaction in accordance with applicable payment system rules.

"Automatic Top-Up" — A feature that allows automatic transfer of funds from linked accounts to maintain card balance.

"Business Account" — An account opened by a legal entity (sole proprietor, corporation, partnership, etc.) for commercial purposes.

"Company" — Keytom Services Ltd, a Canadian company providing Services through the Website.

"Custodial Services" — Services for secure storage of virtual assets on behalf of users.

"Fiat Currency" — any government-issued currency that is recognized as legal tender in its respective jurisdiction.

"Force Majeure" — Events beyond the reasonable control of the Company that may affect the provision of Services.

"Frozen Funds" — Temporary or permanent restriction of access to funds in an account pending investigation completion.

"MSB" (Money Services Business) — An organization providing monetary services, such as currency exchange or money transfers, subject to special regulatory requirements.

“Payment Card” — a payment card product that may be offered to eligible users through the Company or its partners, subject to separate policies and terms governing card issuance and use.

"Personal Account" — An account opened by an individual for personal, family, or household purposes.

"Privacy Policy" — A document describing how the Company collects, uses, and protects your personal data. Available at https://keytom.com/privacy-policy.

"Regulatory Compliance" — Compliance with all applicable laws, regulations, and directives of the jurisdictions of Canada and the European Union.

"Services" — All services provided by the Company through the Website, as described in Section 4.

"Suspended Account" — Temporary or permanent restriction of access to the account and transactions.

"Suspicious Activity" — Activity that gives reasonable grounds to suspect money laundering, terrorism financing, fraud, or violation of applicable laws.

"Virtual Assets" — Digital representations of value (e.g., cryptocurrencies such as Bitcoin or Ethereum) that can be sold or transferred digitally and may be used for payment or investment purposes.

"Website" — The Company's official website accessible at www.keytom.com.

2. Who Can Be a Client

You may use the Website and Services only if you are 18 years of age or older and are capable of entering into a binding contract with the Company, and if your use of the Website is not prohibited by applicable law. You must provide accurate and complete information when registering and keep it current. 

We reserve the right to refuse to provide Services to any person at our sole discretion. The Company may refuse to provide services to clients who do not meet our risk profile or who do not provide required documentation and information. 

3. Acceptance of Terms and Amendments

Any additional terms or documents that may be published on the Website from time to time are hereby expressly incorporated by reference. We reserve the right to modify or amend these Terms at our sole discretion. We will notify you of any material changes by updating the “Last Updated” date of these Terms and, where required by applicable law, by additional notice. You are responsible for periodically reviewing these Terms to stay informed.

By creating an account or applying for a Service, you affirmatively accept the Terms in effect at the time of acceptance. For Clients who already hold an account, continued use of the Services after a material amendment will constitute acceptance of the amended Terms only where such acceptance is permitted by applicable law and the Client has been given prior notice and a reasonable opportunity to terminate the relationship without penalty.

Distance and electronic contracts. Where these Terms are entered into online with a Client who qualifies as a consumer, the Company will, in accordance with the Business Practices and Consumer Protection Act (British Columbia):

• present these Terms in a form that allows the Client to access, retain, store, and print them prior to acceptance;
• provide the Client with an express opportunity to review the Terms and to correct any input errors before submitting the application for an account or Service, and to accept or decline the Terms; and
• deliver a copy of the accepted Terms (together with the confirmation of account opening or Service activation) to the Client by email or through the Client’s account within fifteen (15) days after the contract is entered into.

If the Company fails to comply with the applicable distance-contract requirements, the Client may have the right to cancel the contract in accordance with applicable law.

4. Services Provided

The Company provides the following Services in accordance with these Terms:

• Opening and maintaining personal and business accounts
• Exchange of virtual assets and fiat currencies, where applicable
• Holding and administration of client funds and digital assets, including fiat balances and virtual assets, in accordance with applicable laws and regulatory requirements
• Facilitation of fiat and digital asset payments and transfers
• Issuance and servicing of fiat payment cards through the Card Issuer

5. Regulatory Status and Client Funds

The Company is a Money Services Business (MSB) registered in Canada and operates in accordance with applicable anti-money laundering, counter-terrorist financing, and financial crime prevention requirements, including AML/KYC obligations.

The Company is not a bank  and does not provide banking services within the meaning of applicable banking legislation.

Client funds held with or accessed through the Services do not constitute bank deposits with the Company. Fiat funds and payment-related balances are held, processed, or safeguarded through regulated third-party financial institutions, including banks, payment institutions, card issuers, or safeguarding entities, in accordance with the applicable regulatory and operational frameworks of such institutions.

Fiat funds associated with Client accounts may be held in segregated or pooled accounts, depending on the safeguarding model applied by the relevant third-party provider. The Company does not guarantee that fiat funds will always be held in individual segregated accounts and may rely on pooled safeguarding arrangements operated by its partners, where permitted by applicable law.

Virtual assets are not subject to safeguarding regimes applicable to fiat funds. Digital assets are exposed to technological, operational, and blockchain-related risks, including but not limited to network congestion, protocol failures, or other blockchain events.

Payment cards, settlement accounts, safeguarding arrangements, and digital asset custody (where applicable) are provided and maintained by independent third-party institutions under their own regulatory authorisations, contractual terms, and liability frameworks.

In the event of insolvency of the Company or any relevant third-party provider:

• access to digital assets may be delayed, restricted, or permanently lost; and
• fiat funds may be returned only following the completion of applicable insolvency proceedings and satisfaction of claims, in accordance with applicable law.

The Company provides the Services on a commercially reasonable, best-efforts basis and does not guarantee uninterrupted access, availability, or error-free performance of any Service.

6. AML/KYC Compliance

The Company adheres to strict anti-money laundering and counter-terrorist financing (“AML/CFT”) standards in accordance with applicable laws and regulatory requirements governing Money Services Businesses (MSBs) and payment service providers, and applies a risk-based approach to customer due diligence and ongoing monitoring.

As part of the onboarding process and the continued use of the Services, the Client is required to provide accurate, complete, and up-to-date information, including, without limitation, the Client’s full name, address, date of birth, and valid identification documents (such as a passport or driver’s license). The Client is responsible for promptly updating such information in the event of any changes.

The Company reserves the right, at any time and at its sole discretion, to request additional information and documentation for the purposes of:

• verifying the Client’s identity;
• assessing the Client’s source of funds and source of wealth;
• conducting enhanced due diligence (“EDD”) where required;
• complying with applicable AML/KYC obligations, regulatory requirements, and internal compliance policies.

The Company reserves the right to:

• reassess the Client’s risk profile at any time;
• require additional or repeated KYC and/or EDD procedures;
• apply new or revised limits, fees, pricing, or other restrictions;
• suspend, restrict, or disable specific Services, features, or functionalities, in whole or in part.

If the Client fails to provide the requested information or documentation, provides false, misleading, or incomplete information, or if the Client’s risk profile becomes unacceptable, the Company may, without prior notice and to the extent permitted by applicable law:

• suspend or block transactions;
• restrict or freeze access to the Account or Services;
• temporarily or permanently terminate the Client’s relationship with the Company.

Such measures may be implemented to comply with legal and regulatory obligations, protect the Company, its partners, and other Clients, and prevent prohibited, unlawful, or high-risk activities. The Company shall not be liable for any losses, damages, or consequences incurred by the Client as a result of actions taken in accordance with this Section and applicable law.

The Services are not available to persons or entities located in, resident in, or connected to sanctioned or embargoed jurisdictions.

The Company applies sanctions regimes issued by OFAC, EU, UK, UN, and other applicable authorities and may restrict Services based on nationality, residency, or beneficial ownership. 

7. Transaction Monitoring, Account Suspension, and Frozen Funds

For the purpose of regulatory compliance and ensuring platform security, the Company conducts continuous monitoring of all transactions. We reserve the right at our sole discretion and without prior notice to:

• Suspend or freeze any transaction, account, or funds therein if we suspect fraudulent, illegal, suspicious, or prohibited activity
• Conduct investigations into any suspicious activity. During an investigation, access to your account and funds may be restricted
• Block or terminate your account in case of violation of these Terms, participation in prohibited activity, or upon request of law enforcement
• Report suspicious activity to appropriate law enforcement and regulatory authorities in accordance with applicable law 

The Company is not liable for any losses or damages arising from such actions. Freezing of funds may be carried out without prior notification to the client to prevent illegal activity and protect the interests of other clients and the platform. 

The Company may terminate the relationship with the Client at any time, with or without cause, and without providing reasons, subject to applicable law.

8. Prohibited Activities

You agree not to use the Website or Services for any illegal or prohibited purposes, including, but not limited to:

• Money laundering, terrorism financing, or any other illegal financial activity
• Fraudulent transactions
• Violation of any applicable sanctions, export controls, or trade restrictions
• Purchase or sale of illegal goods or services
• Engagement in market manipulation
• Impersonation of any individual or legal entity

9. Use of Fiat Accounts for Individuals

Fiat accounts opened for individuals are intended exclusively for personal, family, or household purposes. The use of such accounts for conducting business, entrepreneurial, or commercial activities is strictly prohibited, including, without limitation, the generation of income in the capacity of a sole proprietor or the performance of any other registered commercial activity.

The Company reserves the right to verify the nature of transactions conducted through such accounts and, where commercial or entrepreneurial activity is identified, to suspend the account and apply the measures set out in Section 6 of these Terms.

10. Automatic Currency Conversion and Account Top-Up

When a payment card is used for a transaction denominated in a currency different from the currency of the linked account, the transaction amount may be converted by the applicable payment system in accordance with its rules and exchange rates.

In addition to any foreign exchange conversion applied by the payment system, the Company may apply a separate currency conversion fee where the card is linked to an account denominated in a different currency.

The applicable conversion fee, if any, is charged in accordance with the Company’s Fee Schedule and is applied automatically as part of the transaction settlement process.

The Company does not determine, control, or guarantee the exchange rates applied by payment systems or third-party service providers.

11. Fees and Charges

The Company may charge fees for certain Services, including, but not limited to:

• Account activation
• Monthly account maintenance (including, but not limited to, card-related and non-card-related services)
• Currency conversion and conversion-related fees
• Internal transfers and transactions between accounts
• Card issuance, card servicing, and card-based payments (including card transactions and card acceptance, where applicable)
• ATM cash withdrawals
• International and domestic transactions
• Account closure
• Inactive or dormant accounts
• Any other fees applicable to specific Services or transactions

All applicable fees are set out in the Company’s Fee Schedule, which forms an integral part of these Terms.

Fees may vary depending on the type of Service, account type (personal or business), transaction characteristics, applicable payment methods, jurisdictions involved, the Client’s risk profile and risk classification, and other relevant factors, and may be amended by the Company from time to time.

Where required by applicable law or internal procedures, applicable fees will be disclosed to the Client prior to the execution of the relevant Service or transaction.

Business Account Opening Fees‍

The Company reserves the right to charge a one-time fee for opening a business account. The amount of such fee will be communicated to the Client prior to completion of the account opening procedure and will be listed in the Fee Schedule. The Client must expressly agree to the applicable fee before the business account is opened.

By using the Services, the Client agrees to pay all applicable fees in accordance with these Terms and the Fee Schedule in effect at the time the relevant Service is provided.

Right of Set-Off and Recovery

The Company reserves the right, at any time and without prior notice, to set off, net, debit, or recover any amounts owed by the Client against any balances held in any account of the Client.

This includes, without limitation:

• Recovery of negative balances;
• Chargebacks, reversals, refunds, scheme fines, penalties, and network fees;
• Fees, costs, damages, or losses incurred by the Company.

The Company may debit any Client account to satisfy such obligations, even if this results in a negative balance.

12. Promotions, Referral Programs, and Incentives

The Company may, at its sole discretion, from time to time offer promotional campaigns, referral programs, incentive schemes, rewards, bonuses, discounts, or other similar benefits (collectively, the “Promotions”).

Participation in any Promotion is voluntary and subject to eligibility criteria, specific terms, conditions, limitations, and duration as determined by the Company at its sole discretion.

The Company reserves the unrestricted right to introduce, modify, suspend, limit, or terminate any Promotion, in whole or in part, at any time, with or without prior notice, and without any obligation to continue, repeat, or compensate Users for discontinued or modified Promotions.

The availability, value, form, and timing of any rewards, incentives, or benefits may vary depending on the User’s jurisdiction, account type, activity, compliance status, regulatory requirements, and other factors determined by the Company.

Promotions do not constitute investment advice, a guarantee of profit, a contractual entitlement, or an ongoing obligation of the Company. The Company makes no representations or warranties regarding the availability or continuation of any Promotion.

The Company reserves the right to withhold, revoke, cancel, or reclaim any rewards or benefits in cases of suspected abuse, fraud, manipulation, violation of these Terms, or applicable law.

13. Risks Associated with Virtual Assets

You acknowledge and understand that virtual asset markets are highly volatile and the value of digital assets may fluctuate significantly. You may incur substantial losses. The Company does not provide investment advice and is not responsible for any losses arising from market volatility, changes in law, or other factors beyond our control.

Blockchain transactions may be delayed, reversed, lost, or rendered impossible due to congestion, incorrect addresses, protocol failures, forks, or delistings.

The Company bears no responsibility for blockchain-level events.

14. Account Security, API Access, and Automated Use

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username, password, authentication devices, and any two-factor authentication codes. You agree to immediately notify the Company of any actual or suspected unauthorised access to your account or misuse of the Services. The Company shall not be responsible for any losses, damages, or consequences arising from your failure to safeguard your account credentials or access mechanisms.

The Company may, at its sole discretion, provide certain Clients with access to application programming interfaces (APIs), automated tools, or other programmatic means of accessing the Services (collectively, the “API Access”), subject to prior written approval and compliance with additional technical, operational, and legal requirements.

Unless expressly authorised in writing by the Company, the Client shall not:

• access or interact with the Services through automated means, including scripts, bots, crawlers, scrapers, or similar technologies;
• engage in data scraping, data harvesting, data mining, or extraction of information from the Website or the Services;
• use automation or programmatic access in a manner that interferes with, disrupts, degrades, or attempts to circumvent the normal operation, security controls, or access restrictions of the Services;
• perform high-frequency, excessive, or abusive requests, transactions, or queries, including activities intended to test system limits, exploit latency, or otherwise stress the Company’s infrastructure;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, transaction logic, risk models, pricing logic, or system architecture of the Services;
• bypass, disable, or interfere with rate limits, authentication mechanisms, monitoring systems, or security safeguards implemented by the Company.

Any permitted API Access shall be used solely for lawful purposes and in strict compliance with these Terms, applicable law, payment network and card scheme rules, sanctions requirements, and the Company’s security and compliance policies.

The Company reserves the right, at any time and without prior notice, to:

• impose, modify, or enforce usage limits, rate limits, or other technical restrictions;
• suspend, restrict, or revoke API Access, in whole or in part;
• block or terminate access associated with automated, bot-driven, or programmatic activity;
• take any measures necessary to protect the security, integrity, availability, and regulatory compliance of the Services.

The Company shall not be liable for any losses, damages, service interruptions, or other consequences arising from the suspension, restriction, or termination of API Access or automated activity, where such action is taken in accordance with these Terms or applicable law. 

15. Intellectual Property

All materials on the Website, including text, graphics, logos, and software, are the property of the Company and are protected by copyright laws. You agree not to reproduce, distribute, or create derivative works from any materials without our prior written consent. 

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE CARVE-OUTS BELOW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY THE CLIENT TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD 100).

Nothing in these Terms excludes or limits the Company’s liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by the Company’s negligence; (iii) any liability that cannot lawfully be excluded or limited under applicable Canadian law; or (iv) for Clients who qualify as consumers under the Business Practices and Consumer Protection Act (British Columbia) or any other applicable consumer protection legislation, any liability that cannot lawfully be excluded, restricted or limited as against a consumer under such legislation.

YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, THE INFORMATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES.

17. Indemnification

You agree to indemnify and hold harmless the Company from any third-party claims, liabilities, costs, and reasonable expenses to the extent arising from (i) your material breach of these Terms, (ii) your unlawful or fraudulent use of the Website or Services, or (iii) your misuse of the Services. This indemnity does not apply to the extent any loss is caused by the Company’s own negligence, wilful misconduct, or breach of applicable law, and, for Clients who qualify as consumers under the Business Practices and Consumer Protection Act (British Columbia), applies only to the extent permitted by that Act.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Canada, with the laws of the Province of British Columbia applying without regard to conflict of laws principles.

Before initiating any formal dispute resolution procedure, the Client agrees to first attempt to resolve any dispute, controversy, or claim arising out of or in connection with these Terms through good-faith informal negotiations by contacting the Company at support@keytom.com.

If the dispute is not resolved through informal means within a reasonable period, any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, performance, breach, or termination, shall, to the extent permitted by applicable law, be finally resolved by binding arbitration.

Consumer carve-out. Notwithstanding the foregoing, this arbitration clause and any waiver of class proceedings do not apply to any Client who qualifies as a consumer under the Business Practices and Consumer Protection Act (British Columbia) (“BPCPA”) to the extent that mandatory arbitration or class action waivers in consumer contracts are unenforceable under the BPCPA or any other applicable consumer protection legislation. Such Clients retain their statutory right to bring proceedings before, and to participate in class proceedings in, the courts of competent jurisdiction in British Columbia, and the Company submits to the non-exclusive jurisdiction of those courts for that purpose.

The arbitration shall be conducted in accordance with the Arbitration Act (British Columbia) and, where applicable, the rules of the Vancouver International Arbitration Centre (VanIAC), as in effect at the time the arbitration is commenced.

The seat (legal place) of arbitration shall be Vancouver, British Columbia, Canada, and the language of the arbitration shall be English.

The arbitral tribunal shall consist of one (1) arbitrator, unless otherwise required by applicable law or agreed by the parties.

The arbitrator’s award shall be final and binding and may be enforced in any court of competent jurisdiction.

Nothing in this Section shall prevent either party, and in particular the Company, from seeking interim, injunctive, or equitable relief from the courts of Canada or any other court of competent jurisdiction where such relief is necessary to protect its rights, assets, systems, confidential information, or regulatory position.

Each party shall bear its own legal and arbitration costs, unless the arbitrator determines otherwise in the final award.

19. Force Majeure

The Company is not responsible for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including natural disasters, wars, government actions, Internet failures, or cyberattacks. 

20. Tax Obligations

You are solely responsible for determining and fulfilling any tax obligations that may arise from your use of our Services. The Company does not provide tax advice. 

21. Refund and Cancellation Policy

Virtual asset transactions are generally irreversible. Once a transaction has been submitted to the blockchain network, it cannot be reversed or canceled by the Company. Refunds for goods or services purchased through the Website are governed by the refund policy of the respective seller or service provider. The Company is not responsible for processing refunds for third-party transactions.

In case of unauthorized transactions, you must notify us immediately at support@keytom.com. We will investigate such claims in accordance with applicable law and our internal procedures. 

22. Card Expiration and Account Closure

Cards issued by the Card Issuer have an expiration date indicated on the card. You must request a replacement card before the card expires to continue using card services. You may close your account at any time by contacting us at support@keytom.com. Upon account closure, you are obligated to withdraw or transfer all remaining balances. 

The Company reserves the right to charge a fee for account closure or inactive accounts in accordance with our Fee Schedule. Any unclaimed balances on closed or inactive accounts may be transferred to the state in accordance with applicable law.

Card Transactions, Chargebacks, and Scheme Rules

All card transactions are subject to the mandatory rules of the applicable card schemes (including Visa and Mastercard), which prevail over these Terms in case of conflict.

The Client acknowledges that:

• Chargebacks are governed by card scheme rules and issuer procedures;
• The Client bears ultimate responsibility for card-present and card-not-present transactions, unless otherwise required by applicable law;
• The Company may recover chargeback amounts, penalties, or scheme-imposed fines from the Client.

Low Balance Write-Off upon Account Closure

In the event of termination or closure of the Client’s Account for any reason, the Client shall use reasonable efforts to withdraw or transfer all remaining funds prior to account closure.

Where, at the time of account closure, the remaining balance on the Client’s Account is less than USD 10 (ten United States dollars) or the equivalent amount in another fiat or digital currency (as determined by the Company at the applicable exchange rate in effect at the time of closure), the Client hereby expressly acknowledges and agrees that:

(a) such remaining balance may be written off, retained, or applied by the Company, without further notice to the Client, to cover administrative, operational, compliance, accounting, or transaction-related costs associated with maintaining and closing the Account; and
(b) the Client shall have no further claim, right, or entitlement to such remaining balance following account closure.

The Client acknowledges that the cost of processing, safeguarding, accounting for, and transferring de minimis balances may exceed the value of such balances and agrees that such write-off constitutes a reasonable administrative measure and does not represent a penalty, unlawful enrichment, or unfair commercial practice.

This provision shall apply to both Personal Accounts and Business Accounts, to the extent permitted by applicable law.

23. Changes to Services

The Company reserves the right to modify, suspend, or discontinue any aspect of the Website or our Services at any time, with or without notice. We may also impose limitations on certain features or restrict access to parts or all of the Services without any liability. We will make reasonable efforts to notify you of any material changes to the Services. 

Your continued use of the Services following such changes means your agreement with the modified Services. 

24. Processing of Personal Data

The Company processes personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection Act (British Columbia) and the Personal Information Protection and Electronic Documents Act (PIPEDA), and as further described in the Company’s Privacy Policy.

Personal information collected by the Company is used only for purposes that a reasonable person would consider appropriate in the circumstances, including providing and operating the Services, complying with legal and regulatory obligations (such as identity verification and anti-money laundering requirements), securing the platform, and managing the Client relationship. The Company may engage third-party service providers to process personal information on its behalf under appropriate contractual safeguards.

Personal information may be processed and stored in jurisdictions outside the Client’s province or country of residence, subject to the safeguards required by applicable Canadian law.

The Client’s rights with respect to personal information, including the rights of access, correction, and withdrawal of consent (subject to legal and contractual restrictions), as well as the procedure for contacting the Company’s Privacy Officer, are set out in the Privacy Policy. By creating an account, the Client confirms that the Client has had the opportunity to review the Privacy Policy.

25. Third-Party Liability

The Company may engage and rely on third-party providers to supply technological, infrastructure, payment, card, fiat settlement, safeguarding, compliance, or other ancillary solutions required for the operation of the Services, including, without limitation, software platforms, transaction and key-management tools, blockchain infrastructure, payment processing systems, card issuing and processing services, fiat liquidity providers, correspondent banks, and other financial or technical partners (collectively, the “Third-Party Providers”).

Certain Third-Party Providers act solely as technology, infrastructure, or service providers and do not provide custodial services, do not hold, control, or have access to Client funds or digital assets, and do not have the ability to independently initiate, authorise, or execute transactions. Such providers may supply software solutions, including multi-party computation (MPC) technology, transaction management tools, or payment infrastructure, without assuming custody or control over assets.

Unless expressly stated otherwise in applicable Service-specific terms, control over cryptographic keys, authorisation of transactions, and decision-making in relation to the movement of digital assets remains exclusively with the Company, in accordance with its internal security procedures, operational policies, and applicable law.

The Company does not grant Third-Party Providers discretionary authority over Client funds or digital assets and does not authorise them to make independent decisions regarding the execution, settlement, or disposition of transactions on behalf of the Company or Clients.

While the Company selects Third-Party Providers with due care, it does not control their internal operations, technical implementation, system availability, cybersecurity measures, business continuity arrangements, or regulatory status, and shall not be responsible for the performance or non-performance of their infrastructure or services.

To the maximum extent permitted by applicable law, the Company shall not be liable for any losses, damages, delays, errors, service interruptions, technical failures, cybersecurity incidents, regulatory actions, insolvency events, or other adverse consequences arising from or in connection with the use of, or reliance on, Third-Party Provider infrastructure or services.

The Client acknowledges and agrees that the Company may disclose Client information, transaction data, and account-related information to Third-Party Providers, banks, card issuers, payment networks, regulators, auditors, compliance service providers, and other partners without prior notice, where such disclosure is required by applicable law, regulatory requirements, contractual obligations, or where the Company reasonably deems such disclosure necessary for the provision of the Services, risk management, fraud prevention, compliance, audits, or the protection of the Company, its partners, or other Clients.

The use of certain Third-Party Provider solutions may be subject to additional terms and conditions imposed by such providers. Clients acknowledge and agree that they are responsible for reviewing and complying with any applicable third-party terms to the extent relevant to their use of the Services. 

26. Waiver of Jury Trial and Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTY, CONDITION, OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE CANADIAN LAW, INCLUDING THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT (BRITISH COLUMBIA).

INFORMATION IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE THAT WE ARE NOT LAWYERS OR ATTORNEYS AND THAT USE OF OUR WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

27. Final Provisions

Entire Agreement: These Terms, together with our Privacy Policy and Fee Schedule, constitute the entire agreement between you and the Company.

Notices: All notices from the Company will be sent to the email address associated with your account or posted on the Website.

Severability: If any provision of these Terms is found to be illegal or unenforceable, that provision shall be deemed severable and shall not affect the validity of the remaining provisions. 

Survival: These Terms shall remain in full force and effect as long as you use the Website and Services.

Clauses relating to AML/KYC, liability, indemnity, governing law, audits, disclosures, and sanctions shall survive termination.

Complaint Handling Framework: The Company will acknowledge complaints within a reasonable timeframe and provide escalation procedures where applicable.

In case of any inconsistency, the English version shall prevail.

28. Contact Information

To resolve a complaint or if you have any questions, please contact us at: 

support@keytom.com

Appendix A – Prohibited Activities

The Client is prohibited from using the Services for, including but not limited to:

• Crypto mixers, tumblers, or anonymization services;
• Non-compliant virtual asset exchanges;
• Sanctions-adjacent or circumvention activity;
• P2P brokerage or payment facilitation for third parties;
• PSP or payment service reselling;
• Shell companies or nominee arrangements;
• Any activity involving sanctioned persons, jurisdictions, or entities.

Appendix B – Prohibited Jurisdictions

KEYTOM does not engage with or present clients who are residents of, incorporated in, have a significant presence in, or conduct significant business activities in the following jurisdictions:

Abkhazia; Afghanistan; Albania; American Samoa; Bahamas; Barbados; Belarus; Botswana; Cambodia; Central African Republic; Cuba; Democratic Republic of the Congo; Ethiopia; Ghana; Haiti; Iran; Jamaica; Kashmir; Lebanon; Libya; Mali; Mauritania; Mongolia; Myanmar; Nagorno-Karabakh; Nicaragua; North Korea (Democratic People’s Republic of Korea, DPRK); Palestine; Russia; Samoa; Senegal; Serbia; Somalia; South Ossetia; South Sudan; Syria; Trinidad and Tobago; Uganda; Ukraine – Crimea and Sevastopol (Crimea); Vanuatu; Zimbabwe.

KEYTOM also does not engage with or present clients who are residents of, incorporated in, or have a significant presence in the following non-recognized or sanctioned regions:

• Donetsk People’s Republic (DNR)
• Luhansk People’s Republic (LNR)

In addition, KEYTOM does not engage with or present clients connected to any other jurisdictions subject to United Nations sanctions, OFAC sanctions, Canadian sanctions regimes, European Union sanctions, or other applicable international sanctions regimes.