Terms of Use

This document constitutes a single legal instrument that the Customer accepts by a single action upon registration or upon the first Order following a new edition coming into effect. It governs the relationship between the Customer and the operator of the buycoin.online platform.

The following documents are published as separate files on buycoin.online: the Privacy Policy, the Cookie Policy and the KYC/AML Policy (Public Summary). They form part of the legal relations between the Customer and the Operator.

Parties

1. Acceptance of terms and scope

1.1. By registering on buycoin.online or signing in to an existing account, You confirm that You have read, understood and fully agree with these Terms.

1.2. Acceptance of these Terms simultaneously constitutes acceptance of the following separate documents published on the website:

• the Privacy Policy;
• the Cookie Policy;
• the KYC/AML Policy (Public Summary);
• the Document Verification Guide (a reference instruction for the interface).

1.3. If You do not agree with these Terms or any document referenced in clause 1.2, You shall not use the Platform.

1.4. The Platform’s services are available to persons aged 18 or over.

2. Definitions

In these Terms, the terms below have the following meanings:

“Platform” — the buycoin.online website and related interfaces that enable the creation of Orders and the performance of exchange operations with Evernorth.

“Account” — the Customer’s electronic account on the Platform.

“Order” — the Customer’s request to perform a specific exchange operation, created through the Platform interface.

“Virtual Asset” / “Digital Asset” — an electronic store of value (including cryptocurrencies and tokens) in respect of which Evernorth provides services.

“Fiat Currency” — a national currency supported by the Platform and available for selection when placing an Order.

“Rate” — the exchange rate applied to the operation once fixed.

“Tariff” — the set of fees, mark-ups and network charges applicable to the operation.

“On-ramp” — exchange of fiat currency for a virtual asset (purchase of a virtual asset for fiat funds).

“Off-ramp” — exchange of a virtual asset for fiat currency (sale of a virtual asset for fiat funds).

“Swap” — exchange of one virtual asset for another.

“KYC/AML” — Know Your Customer identification procedures and Anti-Money Laundering / Counter-Terrorist Financing (AML/CTF) measures.

“Travel Rule” — requirements for the transmission of originator and beneficiary information in respect of a virtual-asset transfer, established by applicable law and by providers’ policies.

“Supported Assets” — fiat currencies and virtual assets available on the Platform for the chosen operation type, with the parameters and limits displayed to the Customer before Order confirmation.

“Transit Address” — an address (wallet) provided by Evernorth to the Customer for sending a virtual asset within a specific exchange operation. A Transit Address is used solely for the performance of the relevant operation and does not constitute storage of the Customer’s assets.

3. Platform role and status of Evernorth

3.1. Evernorth is a Money Services Business (MSB) registered with FINTRAC and operates as a principal (dealer): in respect of each exchange operation, Evernorth is the Customer’s counterparty.

3.2. Evernorth does not match the Customer with other users and is not an exchange that matches orders. Each operation is a separate purchase or sale of a virtual asset, performed directly between the Customer and Evernorth out of Evernorth’s own position.

3.3. Evernorth does not hold Customer funds (whether fiat or virtual) between operations, does not maintain Customer balances, and does not open or service fiat-currency accounts for Customers. Each operation is a discrete exchange; receipt of a virtual asset at a Transit Address is temporary in nature and serves solely to perform the specific operation.

3.4. In each operation, the Customer is always the sender and the recipient in respect of both the fiat and the virtual-asset part of the operation. Transfers to third parties through the Platform are not accepted or performed.

3.5. Certain technical stages of processing virtual assets and fiat payments may be performed by affiliated or third-party providers (in particular, custody providers for Evernorth’s own inventory and licensed liquidity venues). This does not affect Evernorth remaining the Customer’s counterparty to the operation.

4. Account, registration and security

4.1. To access the services, the Customer creates an Account, provides accurate and up-to-date information and completes the procedures set out in Section 5.

4.2. The Customer shall keep credentials confidential, shall not share them with third parties, shall prevent third-party access to the Account, and shall promptly notify support of any suspected compromise.

4.3. All actions taken through the Account are deemed to have been taken by the Customer, unless proven otherwise and provided the Customer has timely notified of any compromise.

4.4. The Customer may hold only one Account. The use of others’ accounts or sharing access with third parties is prohibited.

5. Identification, AML/CTF and Travel Rule

5.1. Access to operations is granted only after successful identification (KYC) and AML/CTF checks. Identification is performed through authorised verification providers and includes, among other things, document authenticity verification, biometric face-matching with the document photo, and liveness detection.

5.2. KYC/AML data is processed and shared only to the extent necessary to:

• comply with AML/CTF requirements, sanctions regimes and the Travel Rule;
• perform the contract relating to an Order;
• prevent fraud and ensure the security of the Platform.

A full list of data recipients, legal bases and cross-border safeguards is set out in the Privacy Policy.

5.3. For transfers of an amount equivalent to CAD 1,000 or above (or any other threshold set by applicable law), Travel Rule requirements apply: originator and beneficiary information is collected and transmitted; for self-hosted addresses, proof of control over the address may be required.

5.4. Evernorth applies a risk-based approach: the scope of checks is proportionate to the risk profile of the Customer, the operation, the jurisdiction and the products used.

5.5. As part of Enhanced Due Diligence, Evernorth may request additional information and evidence concerning the source of assets and the purpose of operations. In the absence of a reasonable level of assurance, Evernorth may refuse to provide service.

5.6. Evernorth carries out ongoing monitoring of operations, including blockchain analytics, screening against sanctions lists, PEP and adverse-media databases, and high-risk-jurisdiction lists.

6. Acceptable use and restrictions

6.1. The Customer shall not:

• circumvent technical restrictions of the Platform (geo-blocking, limits, access settings);
• engage in data scraping, automated content extraction, interference with the operation of the Platform, or distribution of malicious software.

6.2. Services are unavailable to persons who are located, resident or registered in the jurisdictions listed in Section 21 (“List of Prohibited Countries and Territories”), as well as to persons who use payment instruments issued in such jurisdictions or who act on behalf of persons from such jurisdictions.

6.3. Prohibited purposes and services are set out in Section 22 (“Prohibited and Unsupported Services”).

6.4. Transfers to third parties, commercial acceptance of customer payments (merchant acquiring), acquiring services and the provision of services to third parties through the Platform are prohibited. The Customer is always the sender and the recipient in respect of its own operations.

6.5. The Customer is solely responsible for compliance with the laws of the jurisdiction of residence, presence or citizenship, including currency, tax and sanctions laws, as well as obligations to declare income and operations involving virtual assets.

7. Exchange services

7.1. Evernorth provides the Customer with the following services:

• On-ramp — exchange of fiat currency for a virtual asset;
• Off-ramp — exchange of a virtual asset for fiat currency;
• Swap — exchange of one virtual asset for another.

7.2. The list of Supported Assets is displayed in the Platform interface before Order confirmation and may be updated.

7.3. Before Order confirmation, the Customer is shown the key parameters of the operation: supported assets, the indicative rate or payout amount, fees, limits, payment details and other parameters.

7.4. By confirming an Order, the Customer enters into a contract with Evernorth on the terms of these Terms.

8. Rate, fixing and execution

8.1. On-ramp and off-ramp. The Rate is fixed at the moment of Evernorth’s actual receipt of the Customer’s payment (fiat funds for an on-ramp or the virtual asset for an off-ramp). Prior to fixing, the displayed values are indicative and may change due to market volatility.

8.2. Swap. Indicative Rate values are displayed to the Customer before the asset is sent. The Rate is fixed after Evernorth has received the source virtual asset and the required number of network confirmations has been reached. Prior to fixing, the actual amount of the target asset may differ due to market volatility.

8.3. The details for sending the asset are provided by Evernorth in the Order; the Customer must send assets strictly to those details.

8.4. The details for receiving the asset are entered by the Customer when creating the Order. The accuracy of those details is the sole responsibility of the Customer.

8.5. The Customer must specify the correct address, network and any other required details (e.g. memo/tag). Errors in details or in the network may result in irretrievable loss of funds.

8.6. Irreversibility. Once the Customer has paid for the Order (by sending fiat funds or the virtual asset), cancellation is not possible; blockchain transfers are irreversible.

8.7. Indicative execution timelines:

• on-ramp: after the actual receipt of fiat funds and completion of checks, Evernorth sends the virtual asset, typically within 1 business day;
• off-ramp: after receipt of the virtual asset and completion of checks, Evernorth initiates the fiat payout, typically within 1 business day; the actual crediting time depends on banks and payment providers;
• swap: after the required confirmations and AML/sanctions checks, Evernorth performs the exchange and sends the target asset, typically within 1 business day;
• if the operation is moved to manual review, execution is suspended for the duration of the review.

8.8. The processing of fiat payments depends on banks’ business days and hours. Payments received outside business hours are deemed received on the next business day.

9. Special rules for fiat operations

9.1. Return-to-Source. Fiat payouts are made only to the same payment instrument or account from which the payment was received, save where otherwise required by law or by payment-system rules.

9.2. Name matching. The name of the payer (or the company name) on the fiat payment must match the data in the Customer’s Account.

9.3. Multi-currency accounts. Where crediting or payout takes place in a currency other than the Customer’s account currency, conversion is performed by the relevant bank/provider at its rate and rules.

9.4. Payment-card data. Evernorth does not store the Customer’s payment-card data; payments are processed through secure third-party gateways.

10. Fees and limits

10.1. Evernorth’s services are fee-based. Fees and mark-ups may be embedded in the Rate and/or shown as a separate line item before Order confirmation.

10.2. Network fees, minimum and maximum amounts and other parameters are displayed to the Customer before Order confirmation and may be updated.

10.3. Fees of banks, payment providers and blockchain networks are charged by such third parties, are not controlled by Evernorth and, where applicable, reduce the amount credited to the Customer.

11. Suspension, freezing and termination

11.1. Evernorth may temporarily restrict or terminate access to the Platform and/or freeze an operation or assets in the event of:

• breach by the Customer of these Terms;
• requirements of applicable law or of a competent authority;
• AML/CTF checks, sanctions screening or source-of-funds checks;
• suspected fraud or an operational or security incident;
• a reasoned request of partners (banks, payment providers) in connection with their regulatory obligations.

11.2. The standard freezing period for operations or assets is up to 30 business days. This period may be extended to 90 business days where necessary to complete a review or investigation.

11.3. The Customer will be notified of the fact of freezing within a reasonable time, except where such notice is prohibited by applicable law or by a competent authority.

11.4. Evernorth may refuse to provide service without stating reasons in cases where disclosure of reasons is restricted by applicable law, by a competent authority, by obligations to payment/licensing partners, or where disclosure could harm the security or integrity of the service.

11.5. The Account may be closed in the event of repeated breaches of these Terms, provision of inaccurate data, circumvention of restrictions, non-compliance with AML/sanctions requirements or failure to return mistakenly received funds. Obligations of the parties that arose prior to closure shall remain in force.

12. Refunds and chargebacks

12.1. Refunds are possible in limited cases, in particular:

• Evernorth has refused to execute the Order for compliance reasons;
• execution of the Order is objectively impossible.

12.2. Refunds are generally made using the same method as the original payment, net of non-recoverable costs.

12.3. In the event of a chargeback or reversal of a bank payment, Evernorth may recover from the Customer the equivalent of the disputed amount and associated costs, set off such amounts against future payouts, and suspend operations on the Account until the dispute is resolved.

12.4. Chargebacks and reversals do not apply to outbound transfers of virtual assets under executed Orders, since blockchain operations are irreversible.

12.5. Return of a virtual asset to the source address. Where an operation cannot be performed (in particular, as a result of AML/sanctions checks, in the event of technical impossibility of performance, sending of the asset in an incorrect network, or on other grounds set out in these Terms), Evernorth — where technically feasible and not prohibited by law or sanctions regimes — returns the received virtual asset to the address from which it was received, net of network fees. Such return may be carried out without prior agreement with the Customer.

13. Immediate performance

13.1. By confirming an Order, the Customer expressly requests its immediate performance and acknowledges that the price of the operation depends on fluctuations of the financial market that are beyond Evernorth’s control and that may occur within any period for reflection.

13.2. Given the market nature of the operation and the irreversibility of blockchain transfers, once performance of the Order has begun, withdrawal from it is not possible.

13.3. Nothing in this Section limits the Customer’s mandatory rights as a consumer under the applicable law of the Province of Ontario.

14. Risks and absence of investment advice

14.1. The Platform and the materials it contains do not constitute investment, financial or legal advice, a recommendation, an offer or an invitation to enter into transactions.

14.2. Use of the Platform and of Evernorth’s services is undertaken solely at the Customer’s risk. Virtual-asset markets are volatile and carry specific technological and legal risks.

14.3. Market risks.

• Price swings and loss of value. Prices of virtual assets can change rapidly; partial or total losses are possible.
• Liquidity. Temporary lack of liquidity may make it impossible to perform an operation at an expected price.

14.4. Blockchain-transaction risks.

• irreversibility of blockchain transfers;
• errors in the address, network or memo/tag may cause permanent loss of funds;
• network congestion may cause delays and increases in fees;
• incompatibility of networks, tokens or address formats; tokens of the same name on different networks are not compatible (ERC-20, TRC-20, BEP-20);
• cross-chain and bridge protocols carry additional risks.

14.5. Technological and cyber risks.

• compromise, phishing and malware may cause losses;
• loss of private keys, seed phrases or devices results in total loss of the Customer’s self-hosted assets;
• failures of third parties may cause delays.

14.6. Legal and compliance risks.

• regulatory changes may affect the availability of services and the value of assets;
• AML, sanctions and Travel Rule checks may cause delays and temporary freezes.

14.7. Third-party services and counterparties. Exchanges, wallets, payment providers and other suppliers operate independently. Delistings and suspensions of deposits/withdrawals may affect timing. Fraudulent sites, bots and “helpers” pose a risk; the Customer assesses their reliability independently.

14.8. Customer’s obligations. The Customer confirms that they: verify the address, network, memo/tag and other details before sending assets; protect their devices, e-mail and authentication factors; comply with the laws of their jurisdiction (including tax); understand and accept the risks described herein.

15. Personal data and cookies

15.1. Personal data is processed in accordance with the Privacy Policy, published on the website as a separate document in accordance with the requirements of the Personal Information Protection and Electronic Documents Act (PIPEDA).

15.2. The use of cookies and similar technologies is governed by the Cookie Policy.

15.3. Evernorth is the organisation responsible for personal data processed in connection with the operation of the Platform. Payment providers, banks, verification providers and other contractors act as independent responsible organisations or processors, as determined by law and the relevant contract.

15.4. To fulfil its obligations, Evernorth may share personal data with third parties strictly to the extent necessary, in compliance with applicable data-protection law.

16. Intellectual property

16.1. The site, design, content, software and databases of the Platform are owned by Evernorth Fintech Inc. or are used by it under licence.

16.2. The Customer is granted a limited, non-exclusive, revocable licence to access and use the Platform for personal (non-commercial) purposes in accordance with these Terms.

16.3. Copying, modification, reverse engineering or resale of access to the Platform without Evernorth’s written consent is prohibited.

17. Limitation of liability and warranties

17.1. The Platform is provided on an “as is” and “as available” basis.

17.2. To the extent permitted by applicable law, Evernorth is not liable for:

• indirect, incidental or consequential losses or loss of profit;
• Customer errors in address, network or memo/tag input, or loss of access to wallets, keys or devices;
• failures or delays of third parties (banks, payment providers, blockchain networks, exchanges) or force majeure;
• the consequences of the Customer’s use of third-party services and counterparties.

17.3. Nothing in these Terms limits the rights of the Customer under mandatory consumer-protection law of the Province of Ontario.

18. Notices and communications

18.1. Legally significant and operational notices may be sent to the e-mail address associated with the Account and/or shown in the Account interface.

18.2. A notice is deemed received at the moment of sending or posting.

18.3. The Customer shall keep contact details in the Account up to date.

19. Changes to the Terms

19.1. The current version of these Terms is published on buycoin.online.

19.2. Material changes are notified to the Customer through the Account interface and/or by e-mail, with a request for re-acceptance.

19.3. Continued use of the Platform following the effective date of an updated version constitutes acceptance of it.

20. Complaints handling

20.1. Complaints relating to the Platform and Evernorth’s services may be submitted to info@buycoin.online. Each complaint should include: the Customer’s full name and the e-mail linked to the Account; the Order ID, date and time, assets, amount; a description of the issue and circumstances; the resolution proposed by the Customer; supporting materials.

20.2. Support hours: 10:00–18:00 (CET/CEST) on business days. The complaints procedure is free of charge. Complaints may be submitted in Ukrainian, English and Russian.

20.3. Handling stages:

• acknowledgement of receipt — within 2 business days;
• registration and routing of the complaint;
• where necessary — a request for additional information;
• review and response — within up to 30 business days;
• where objectively necessary, the period may be extended to 90 business days with notice to the Customer; the period may be paused while awaiting information from the Customer.

20.4. Complaint records are kept for at least 5 years from receipt. Data is processed in accordance with data-protection law and the Privacy Policy.

21. List of Prohibited Countries and Territories

21.1. The Platform does not provide services to persons who: are located, resident or registered in the jurisdictions listed below; use payment instruments issued in such jurisdictions; act on behalf of persons from such jurisdictions; are subject to applicable sanctions regimes.

21.2. Prohibited countries: Afghanistan, Bahamas, Barbados, Botswana, Cambodia, Ghana, Iran, Iraq, Jamaica, Democratic People’s Republic of Korea (DPRK), Mauritania, Mauritius, Martinique, Mozambique, Myanmar, Nicaragua, Pakistan, Panama, Belarus, Russian Federation, Syria, Trinidad and Tobago, Uganda, Vanuatu, Yemen, Zimbabwe, Samoa, American Samoa, British Virgin Islands, U.S. Virgin Islands, Guam, Libya, State of Palestine, Puerto Rico, Somalia, Northern Mariana Islands, United States of America, Sudan, South Sudan, Western Sahara, Kosovo, Venezuela, Albania, Burkina Faso, Cayman Islands, Cuba, Republic of the Congo, Democratic Republic of the Congo, Gibraltar, Haiti, Jordan, Kenya, Lebanon, Mali, Morocco, Nigeria, Senegal, United Republic of Tanzania, United Kingdom, Central African Republic, Ethiopia, Australia, Singapore, South Korea, Hong Kong, Japan.

21.3. Occupied / non-recognised territories: Autonomous Republic of Crimea, the temporarily occupied territories of the Donetsk, Luhansk, Kherson and Zaporizhzhia regions of Ukraine, Pridnestrovian Moldavian Republic, Nagorno-Karabakh / Republic of Artsakh, Republic of Abkhazia, Republic of South Ossetia, Turkish Republic of Northern Cyprus, Sahrawi Arab Democratic Republic.

21.4. The list may change; the current version is published on the website.

22. Prohibited and Unsupported Services

22.1. Operations are prohibited where they involve, directly or indirectly, interaction with:

• transaction-mixing services (mixers/tumblers);
• darknet marketplaces and associated wallets/escrow;
• sanctioned or high-risk exchanges, OTC venues and payment providers;
• services/addresses linked to cybercrime, hacks, fraud, malware, ransomware;
• services/addresses linked to terrorism or terrorist financing;
• services/addresses linked to drug trafficking;
• services/addresses linked to child exploitation;
• fraudulent exchanges and illegal services;
• services/addresses linked to stolen coins or illicit proceeds;
• services/addresses on sanctions lists and/or on the negative lists of our compliance and blockchain-analytics partners.

22.2. The Platform and Evernorth will not accept or send funds or virtual assets from or to the following services:

Garantex, Capitalist.net, Tornado Cash, Hydra, Blender.io, Lazarus Group, Genesis Market, ChipMixer, Sinbad.io, CommEx, Rapira.net, Trocador.app, Anonexch.io, Bitpapa, Nobitex, Grinex.io, Payeer.com, meer.kg, 1xBet, Aifory.pro, terminal.cash, SkyCrypto.net, FlashObmen.com, 60cek.net, hd-change.com, CoinBlinker.com, Metka.cc, AlfaBit.org, Heleket, Bitzlato, netex24.net, BTC-e / FinCEN, HTX (formerly Huobi).

This list may be expanded without prior notice. Inclusion of a service means a strict prohibition on any operations with it.

22.3. Consequences and measures: blocking or freezing of payments, assets and access to operations for up to 30 business days, extendable to 90 business days; requests for additional verification, documents or source-of-funds explanations; refusal of service; where technically feasible, return net of network costs; notification of competent authorities in accordance with the law.

22.4. The list is regularly reviewed. Where restrictions diverge, the stricter regime applies.

23. Governing law and jurisdiction

23.1. These Terms are governed by the law of the Province of Ontario and the applicable federal law of Canada.

23.2. Any dispute arising out of these Terms is subject to the exclusive jurisdiction of the competent courts of the Province of Ontario, Canada.

23.3. Mandatory provisions of the consumer-protection law of Ontario apply irrespective of the foregoing.

24. Final provisions

24.1. If any provision of these Terms is held invalid, the remaining provisions shall remain in force.

24.2. The electronic form of these Terms has the same legal effect as a paper document.

24.3. The following documents are published as separate files on buycoin.online and form part of the legal relations between the Customer and Evernorth: the Privacy Policy; the Cookie Policy; the KYC/AML Policy (Public Summary).