Terms of Service

1. Who we are and what these Terms cover

These Terms of Service (the Terms) govern your access to and use of TrustCheck, a counterparty risk screening service for peer to peer (P2P) and over the counter (OTC) crypto traders, including the website at trustcheckbot.com, the Telegram bot @trustcheckcom_bot, the web application, and the application programming interface at api.trustcheckbot.com (together, the Service).

The Service is operated by:

In these Terms, TrustCheck, we, us and our mean LAQOMIRION INC. You and your mean the person or organisation that uses the Service. If you use the Service on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms, and you then includes that organisation.

Our registration with FINTRAC relates to our corporate status in Canada. It does not mean that FINTRAC or any other authority has reviewed, approved or endorsed the Service or any risk score it produces.

2. Acceptance of these Terms

By starting the Telegram bot, creating an account, calling the API, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which forms part of these Terms. If you do not agree, do not use the Service.

Some features may be subject to additional terms, such as API documentation, plan descriptions or order forms. If additional terms conflict with these Terms, the additional terms apply only to the extent of the conflict and only to that feature.

3. Eligibility, age and prohibited jurisdictions

You may use the Service only if:

• you are at least 18 years old and have full legal capacity to enter into a binding contract in your jurisdiction;
• you are not located in, ordinarily resident in, organised under the laws of, or acting on behalf of a person in any country or region that is subject to comprehensive sanctions by the United States Office of Foreign Assets Control (OFAC), Canada, the United Nations, the European Union or the United Kingdom. At the date of these Terms this includes Cuba, Iran, North Korea, Syria and the Crimea, so called Donetsk People's Republic and so called Luhansk People's Republic regions of Ukraine, and any other country or region added to such programs from time to time;
• you are not, and are not owned or controlled by or acting on behalf of, a person named on any sanctions list, including the OFAC Specially Designated Nationals and Blocked Persons List, the Consolidated Canadian Autonomous Sanctions List, or equivalent EU, UK or UN lists; and
• your use of the Service is lawful where you are located.

We may use technical measures and request information to verify these conditions, and we may refuse, restrict or end access where we reasonably believe that any of them is not met.

4. The Service and what it does

TrustCheck helps you assess counterparty risk before you send or receive funds. Depending on your plan and the features available at the time, the Service may:

• check crypto wallet addresses on supported networks (currently TRON, Ethereum and Bitcoin) against publicly available information, including USDT and USDC issuer freeze and blacklist data and OFAC sanctions lists;
• check International Bank Account Numbers (IBANs) for checksum validity and format;
• look up card Bank Identification Numbers (BINs) to show issuer related information; and
• produce a risk score, a risk level and supporting evidence for each check.

We may add, change, suspend or remove features, supported networks, data sources or checks at any time. Where a change materially reduces a paid feature you have already paid for, we will tell you in advance where reasonably possible.

5. Informational only. No financial, legal or AML advice

Risk scores, risk levels, labels, evidence and any other output of the Service (together, Results) are provided for general information only. They are not financial, investment, legal, tax, compliance or anti money laundering (AML) advice, and they are not a recommendation to enter into, or to refrain from, any transaction.

Results are automated estimates based on data available to us at the time of the check. A low risk score does not mean that a counterparty, wallet, account or card is safe, lawful or legitimate. A high risk score does not mean that a counterparty has done anything wrong. Results may be incomplete, out of date or incorrect, and may change over time.

You should consult your own qualified advisers before relying on any Result for a significant decision.

6. Your responsibilities and compliance obligations

You are solely responsible for:

• every decision you make, including whether to trade with, pay, accept funds from, onboard or refuse any counterparty, whether or not you used the Service;
• your own compliance with all laws and regulations that apply to you, including know your customer (KYC), customer due diligence, AML, counter terrorist financing, sanctions screening, travel rule, reporting and record keeping obligations;
• keeping your own records of checks and decisions where the law requires you to do so. The Service is not a record keeping system for your regulatory purposes;
• having a lawful basis and any notice or consent required to submit information about third parties (for example an IBAN or wallet address that belongs to a counterparty) to the Service; and
• keeping your account, Telegram account, devices and API keys secure, and for all activity under them.

The Service does not replace your own screening program, and using it does not transfer any of your legal obligations to us.

7. Accounts, Telegram and API keys

You may need a Telegram account, an email address or an API key to use parts of the Service. You must give accurate information and keep it up to date. You must not share API keys publicly or with unauthorised persons, and you must tell us promptly at the support address in section 25 if you believe a key or account has been compromised.

Telegram is a third party platform operated independently of us. Your use of Telegram is governed by Telegram's own terms and privacy policy. We are not responsible for the availability, security or conduct of Telegram or any other third party platform.

8. Free trial, plans, payments and refunds

New users may receive three (3) free trial checks. After the trial, continued use requires a paid plan. Paid plans are not yet available at the date of these Terms. When they become available, prices, check limits, billing periods, taxes and payment methods will be shown at the point of purchase and will form part of these Terms.

Unless stated otherwise at purchase, fees are payable in advance, are exclusive of applicable taxes, and are non transferable. We may change prices for future billing periods with reasonable advance notice.

Refunds: All sales are final and fees paid are non refundable, including for unused checks, except where a refund is required by mandatory law that cannot be excluded by contract. If a check fails because of a fault on our side, you are not charged and the credit is returned to your balance automatically. If a check was charged but its result was incomplete because of a fault on our side, you can ask support for a free re check within a reasonable time. Remedies are provided only as check credits of equal value to the affected checks. We never refund money, whether in fiat currency or in crypto assets, except where mandatory law that cannot be excluded by contract requires it. A result you disagree with, a result that correctly reflects the source data, or an error in the details you entered is not a fault on our side.

Nothing in this section limits any non waivable right you may have as a consumer under applicable law, including any statutory right of withdrawal or any right to a remedy for a service that is not provided as described.

9. Acceptable use

You must not, and must not allow anyone else to:

• use the Service to evade, avoid or facilitate the evasion of sanctions, export controls or AML laws, or to help any sanctioned person;
• use the Service for any unlawful, fraudulent, deceptive, harassing or discriminatory purpose, including to stalk, dox or unlawfully profile any individual;
• scrape, crawl, harvest, bulk download or systematically extract Results, data or content from the Service, other than through the API within your plan limits;
• resell, sublicense, redistribute, publish, white label or provide the Service or Results to third parties as a product or service, or build a competing database or service, without our prior written permission;
• exceed or circumvent rate limits, quotas, trial limits or access controls, including by creating multiple accounts to obtain additional free checks;
• probe, scan or test the vulnerability of the Service, or interfere with its integrity, security or performance, except under a written security testing agreement with us;
• reverse engineer, decompile or attempt to derive source code, models or data sources of the Service, except where applicable law expressly permits it despite this restriction;
• upload malware or submit content you have no right to submit; or
• misrepresent Results, remove attributions or notices, or state or imply that we endorse you or any counterparty.

10. Suspension and termination

We may suspend, restrict or terminate your access to the Service, in whole or in part, with or without notice, if we reasonably believe that you have breached these Terms, that your use creates legal, security or reputational risk for us or others, that you fall within section 3, or where required by law or by a competent authority. Where reasonable and lawful, we will tell you the reason and give you an opportunity to respond.

You may stop using the Service at any time and ask us to delete your data as described in the Privacy Policy. Sections that by their nature should survive termination (including sections 5, 6, 11 to 18, 20 and 22) survive.

11. Third party data and attribution

Results rely on data from third parties, including public blockchains, stablecoin issuer freeze and blacklist data, government sanctions lists such as the OFAC Specially Designated Nationals List, public IBAN and BIN reference data, and, in the future, commercial data providers (for example GoPlus). We do not control these sources and do not guarantee their accuracy, completeness, timeliness or availability.

Third party data remains subject to the rights and terms of its owners. Where a source requires attribution, we show it in Results or in our documentation, and you must not remove it. Government sanctions data is provided by the relevant authority; its appearance in the Service does not imply any endorsement by that authority.

12. Intellectual property and licence

We and our licensors own all rights in the Service, including software, design, text, logos, the TrustCheck name, risk models and compilations of data. Subject to these Terms and your plan, we grant you a limited, revocable, non exclusive, non transferable, non sublicensable licence to use the Service and Results for your own internal business purposes.

If you send us feedback or suggestions, we may use them freely without any obligation to you.

13. Disclaimer of warranties

To the maximum extent permitted by law, the Service and all Results are provided "as is" and "as available", with all faults. We disclaim all warranties, conditions and representations of any kind, whether express, implied, statutory or otherwise, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non infringement, accuracy, completeness, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure or error free, that defects will be corrected, that any Result is accurate or complete, or that any wallet, account, card or counterparty is safe, lawful or not subject to sanctions.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply only to the extent permitted by law.

14. Limitation of liability

To the maximum extent permitted by law:

• we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or crypto assets, loss arising from frozen, seized or lost funds, or the cost of substitute services, however caused and on any theory of liability, even if we were advised of the possibility of such loss;
• we will not be liable for any loss arising from your decision to transact or not to transact with any counterparty, or from any act or omission of a counterparty, a blockchain, an issuer, a bank, Telegram or any other third party; and
• our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total fees you actually paid to us for the Service in the twelve (12) months before the event giving rise to the claim. If you have paid nothing (for example during the free trial), our total liability will not exceed one hundred Canadian dollars (CAD 100).

These limitations apply even if a remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct where the law does not permit exclusion, or under mandatory consumer protection law.

15. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless us and our directors, officers, employees, contractors and agents from and against all claims, demands, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service or Results; (b) your breach of these Terms or of any law; (c) any decision you make about a counterparty; (d) any information you submit, including information about third parties; or (e) your violation of any right of a third party. We may assume the exclusive defence of any matter subject to indemnification at your expense, and you will cooperate with us.

This section does not apply to consumers to the extent that mandatory consumer law prohibits it.

16. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government action, sanctions, changes in law, labour disputes, failures of electricity, internet, hosting or telecommunications providers, blockchain network disruptions, forks or congestion, outages of Telegram or data providers, and cyber attacks.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on this page and change the "Last updated" date. If a change is material, we will give reasonable advance notice, for example through the Telegram bot, by email if you have given us one, or on the website, normally at least 30 days before it takes effect, unless the change is required by law or addresses a security risk. If you continue to use the Service after the change takes effect, you accept the updated Terms. If you do not agree, you must stop using the Service.

18. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or relating to them or the Service, including non contractual disputes, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to section 19, the courts located in Ottawa, Ontario, Canada have exclusive jurisdiction over any dispute that is not subject to arbitration.

If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country where you are habitually resident, and you may also bring proceedings in the courts of that country where the law gives you that right.

19. Dispute resolution, arbitration and class action waiver

19.1 Informal resolution first

Before starting any formal proceedings, you agree to contact us at the support address in section 25 and try to resolve the dispute informally for at least 30 days.

19.2 Binding arbitration where lawful

Where permitted by applicable law, any dispute that is not resolved informally will be finally resolved by confidential, binding arbitration before a single arbitrator under the Arbitration Rules of the ADR Institute of Canada, seated in Ottawa, Ontario. The arbitration will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek urgent injunctive relief from a competent court to protect intellectual property or confidential information, and either party may bring an individual claim in a small claims court within its jurisdiction.

19.3 Class action waiver

Where permitted by applicable law, you and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one person.

19.4 Consumer carve outs

Sections 19.2 and 19.3 do not apply, and do not limit your rights, if you are a consumer who is habitually resident in the European Union, the European Economic Area, the United Kingdom or Switzerland, or in any other jurisdiction (including the Province of Quebec and the Province of Ontario in Canada) whose law prohibits or limits pre dispute arbitration agreements or class action waivers in consumer contracts. Such consumers may bring proceedings in the courts that have jurisdiction under their mandatory local law. EU consumers may also use any out of court dispute resolution body available to them under applicable law.

20. Regional terms

Where the law of the place where you live gives you rights that cannot be waived or limited by contract, nothing in these Terms takes those rights away. In particular:

European Union, EEA, United Kingdom and Switzerland

If you are a consumer, you have statutory rights regarding digital services that are not provided in conformity with the contract. Where you have a statutory right to withdraw from a contract for digital services within 14 days, you may be asked, when paid plans become available, to expressly request that performance begins immediately and to acknowledge that you lose your right of withdrawal once the service has been fully performed. The limitations in sections 13 to 15 apply only to the extent permitted by the law of your country of residence.

Canada, including Quebec

Nothing in these Terms limits rights you have under applicable provincial consumer protection legislation. If you are a consumer in Quebec, provisions of these Terms that are prohibited by the Quebec Consumer Protection Act, including certain exclusions of liability and the arbitration and class action waiver provisions, do not apply to you. These Terms are drafted in English at the express wish of the parties. Les parties ont expressément exigé que ces conditions soient rédigées en anglais.

United States

Some US states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so some of the exclusions in sections 13 and 14 may not apply to you. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party," to the extent it would apply to any release you give us.

Asia Pacific and the Gulf Cooperation Council (GCC) countries

If you are located in Singapore, Japan, South Korea, mainland China, Hong Kong, India, Thailand, the Philippines, Malaysia, Vietnam, Indonesia, the United Arab Emirates (including the DIFC and ADGM), Saudi Arabia, Qatar, Bahrain, Oman or Kuwait, mandatory consumer protection, electronic transactions and data protection laws of your jurisdiction apply in addition to these Terms, and any provision of these Terms that conflicts with such mandatory law applies only to the extent permitted. Our handling of personal data in those jurisdictions is described in the regional sections of our Privacy Policy.

21. Privacy

Our Privacy Policy explains how we collect, use, store and protect personal data, including the check history and encrypted IBAN data we keep. It forms part of these Terms.

22. General

• Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible or replaced by a valid provision that comes closest to its intent, and the remaining provisions remain in full force.
• Entire agreement. These Terms, the Privacy Policy and any additional terms referred to in section 2 are the entire agreement between you and us about the Service.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganisation or sale of assets, or to an affiliate, with notice to you where required by law.
• No waiver. A failure or delay in enforcing any right is not a waiver of that right.
• No third party beneficiaries. Except for the persons indemnified under section 15, no third party has any right to enforce these Terms.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship.
• Notices. We may give you notices through the Service, the Telegram bot or the email address you provided. You may give us notices at the address in section 25.
• Export control. You will comply with all applicable export control and sanctions laws in using the Service.

23. Language

These Terms are written in English. If we provide a translation, it is for convenience only, and the English version controls in case of any conflict or inconsistency, except where mandatory law requires otherwise.

24. Accessibility

We aim to make the Service usable by everyone. See our Accessibility Statement for our commitments and how to report a barrier.

25. Contact

For questions about these Terms, notices, or support: