Wealthsimple Crypto Web3 Wallet Terms and Conditions
Last updated: April 9, 2026
Introduction
Wealthsimple Web3 Inc. (“Wealthsimple” or “we” or “us” or “our”) makes available to users certain Services (as defined below). These terms of use, together with any documents and/or additional terms it expressly incorporates by reference (the “Terms”, “Terms of Use”, or “Agreement”), governs your use of the Services, as defined below. By using the Services, you agree to comply with and be legally bound by these Terms.
For ease of reference, the Terms include by reference:
Wealthsimple Services
The Services consist of software on a software-as-a-service and/or mobile application that enable you to: (i) create one or more crypto asset wallets (the “Wallets”) controlled by you; (ii) generate, sign, and broadcast blockchain transactions involving your crypto assets held in your Wallets, including transactions to send your crypto assets to other addresses or otherwise interact with automated, non-custodial smart contract systems on a blockchain (“Protocols”); (iii) view addresses, transactions, balances, and other information available from blockchain ledgers; (iv) receive transfers of crypto assets to your Wallets; and (v) access additional functionality as we may add from time to time.
In providing the Services to you, Wealthsimple does not:
Take possession of, exercise control over, or have access to your Wallet or your private keys.
Store, control, or have access to your private keys, seed phrases, or recovery materials.
Provide investment, legal, tax, or financial advice.
Recommend, endorse, operate, or manage any Protocol.
Guarantee any yield, return, or airdrop.
All Protocols and other functionalities accessible via the Services are operated by independent third-party providers ("Third Party Providers"), including those responsible for blockchain networks, trusted execution environment (“TEE”) infrastructure, or data relays. We remind you that such Third Party Providers are not controlled or operated by Wealthsimple.
Subject to your compliance with the terms and conditions of this Agreement, including paying any Fees (as defined below), Wealthsimple grants to you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services and related content, materials, and information (collectively, the “Content”) solely for approved purposes as permitted by Wealthsimple from time to time, and solely for your own personal use and not on behalf of any third party. Any other use of the Services or Content is expressly prohibited. All other right, title, and interest in the Services and Content is exclusively the property of Wealthsimple and our licensors.
The Services and Content may incorporate, or may provide access to, information, applications, or materials that are provided by other parties (“Third Party Services”).
“Wealthsimple” is a registered trademark of our affiliate, Wealthsimple Technologies Inc. You may not copy, imitate, or use the trademark without prior written consent.
Eligibility & Security of Credentials
By using the Services, you represent and warrant that: (a) you are resident in Canada; (b) you are at least eighteen (18) years of age and the age of majority for using the Services in the jurisdiction where you reside at the time you register with us or use the Services; (c) all information provided by you to us during the registration process is truthful, accurate, current, and complete; and (d) you will comply with all terms and conditions of the Agreement. In order to use the Services, you must first provide any required identification information, to our satisfaction, pursuant to our on-boarding process.
You agree to maintain and promptly update all information you provided when you registered, including but not limited to your personal information, as necessary to keep it true, accurate, current, and complete. You are solely responsible for keeping your login credentials (your “Credentials”) confidential and secure, and you accept full responsibility for monitoring and safeguarding your Credentials.
You agree never to provide a third party with your Credentials or to allow a third party to access the Services using your mobile or other device. You understand and agree that providing a third party with your Credentials or allowing a third party to access the Services using your mobile or other device may result in the loss or theft of your crypto assets. You are responsible for updating, maintaining, and securing your computer, mobile device, or other equipment and we are not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer, mobile device, or other equipment, or any phishing, spoofing, or other attack. You agree to immediately notify us in writing if you become aware of any loss, theft, or unauthorized use of your Credentials or suspect that there has been unauthorized access to your Credentials. You understand and agree that in the event we are notified or suspect there has been unauthorized access to the Services using your Credentials, we may suspend your Credentials or otherwise limit your ability to access some or all of the Services. You acknowledge and agree that SMS and email services are vulnerable to spoofing and should use care in reviewing messages purporting to originate from Wealthsimple. We will not be liable for any damages or loss resulting from your failure to comply with this provision.
Fees & Payment
The license granted for the Services is subject to the full payment of any subscription fees (the “Fees”) by the specified due date. All Fees are exclusive of any applicable taxes, duties, and similar governmental charges. If you do not pay Fees by the due date, we may suspend your access to the Services until the outstanding amount of the Fees is paid.
At this time, Wealthsimple does not charge any Fees for use of the Services. Wealthsimple reserves the right to charge or increase Fees, upon reasonable notice to you.
We may receive compensation from Third Party Providers or protocol operators in connection with your use of the Services, including integration fees, affiliate fees, referral fees, revenue sharing arrangements, spread capture, or other economic benefits (collectively, "Third Party Compensation"). The existence, nature, and amount of any Third Party Compensation that is material to your use of the Services will be disclosed to you:
(i) in our current fee and conflict disclosure schedule, available at [Link] and updated from time to time;
(ii) at or before the point at which you first interact with any Third Party Service from which we receive material Third Party Compensation; and
(iii) in any in-app disclosure presented to you at the time of a relevant transaction, where practicable.
You acknowledge and agree that:
(i) Third Party Compensation may create an economic incentive for us to present, feature, or make accessible certain Third Party Services or protocols over others;
(ii) we do not represent that any Third Party Service we make accessible through the Services is the best available option for your purposes, and the presence of a Third Party Service in the Services does not constitute a recommendation or endorsement;
(iii) you have independently evaluated your decision to interact with any Third Party Service accessible through the Services; and
(iv) you have received and reviewed the disclosure referred to in this Section 4 prior to using the Services.
Your Obligations
You agree you will not, nor will you authorize or assist others to:
circumvent, disable, or otherwise interfere with security-related features of the Services or features that enforce limitations on use of the Services,
disassemble, reverse engineer, modify, translate, alter, or decompile all or any portion of the Services or otherwise discern the source code of the Services except and solely to the extent permitted under applicable law notwithstanding this restriction,
use the Services on a service bureau or time sharing basis or to provide services to third parties not in accordance with this Agreement,
distribute, copy, rent, lease, sublicense, assign, transmit, sell, or otherwise transfer the Services or any of your rights therein,
violate or abuse password protections governing access to the Services,
interfere or attempt to interfere with the integrity or proper working of the Services,
use the Services in any unlawful manner,
use the Services to defraud others,
use the Services in breach of this Agreement,
use Wealthsimple’s name, logo, or trademarks without prior written consent,
delete, remove, obscure, or in any manner alter the copyright, trademark, and other Wealthsimple’s or any other third parties’ intellectual property rights notices appearing on or in the Services or any component thereof,
use the Services in order to conduct any comparisons, competitive analysis, penetration testing, vulnerability assessment, aimed identified security vulnerability, or other benchmarking activities, either alone or in connection with any other Service or hardware without the prior written consent of Wealthsimple, and
use the Service other than as permitted herein.
You represent, warrant, and covenant that you will use the Services:
for lawful purposes only and in compliance with all federal, provincial, territorial, state, and/or local laws that may apply to you and your transactions, including securities laws, anti-money laundering/counter-terrorist financing laws, anti-bribery/anti-corruption laws, taxation laws, and sanctions laws, and
only to transact with crypto assets you own or are otherwise authorized to deal with.
In order to use the Services, you are required to activate one or more authenticators (including, but not limited to, Wealthsimple authentication credentials and/or biometrics, as well as any passkeys that are associated with your use of the Wealthsimple app) that provide authority to sign transactions with the private key associated with your wallet. You are responsible for using appropriate technical and security measures to protect and ensure access to the Service. Your ability to control your crypto assets may be compromised and you may lose crypto assets held in your Wallets if you choose to store your authentication credentials on non-secure devices or systems.
Non-Custodial Security and TEE Disclosure.
TEE Functionality. Your private keys are generated and stored within a TEE, which may be local (e.g. on your device) or within a cloud-based TEE maintained by an independent service provider (a “TEE Provider”). All cryptographic signing occurs locally within the TEE.
Key Control. We do not control, or have access to, your private keys, seed phrases, or other devices, accounts, Credentials, or authenticator(s) (“Authentication Methods”) at any time.
Risk of Permanent Loss. Loss of access to your Authentication Methods, or the corruption, disablement, or failure of the TEE, may result in the permanent loss of your access to the Wallet and any crypto assets associated with it. We may be unable to restore, recover, or recreate your private keys, cached data, or Wallet access, even if you are using Wealthsimple authentication credentials.
TEE Provider Risk. The ongoing operation of the Wallet depends on the availability and performance of the TEE Provider. We are not responsible or liable for any delay, malfunction, outage, or data loss arising from vulnerabilities, firmware revocations, manufacturer updates, or actions taken by a TEE Provider or device manufacturer.
You acknowledge and agree that:
You own the device(s) required to activate any device-specific authenticators used to access or control the use of your private key.
You own and control all crypto assets held in the Wallets accessible using the Services.
You will not use the Services to deal in any crypto assets that were obtained or derived directly or indirectly as a result of the commission of any criminal offences or unlawful acts.
You bear all risk of loss of any crypto assets held in your Wallets.
When using the Services, you may incur blockchain transaction fees, which may be referred to as transaction fees, gas fees, tips, or otherwise, and you are solely responsible for payment of these transaction fees.
You have read and accept, in its entirety, the Use of the Services and Risk Acknowledgement provided at Appendix A. Your continued use of the Services constitutes your acknowledgement of the Use of the Services and Risk Acknowledgement.
If and when prompted by us, you will affirmatively confirm, through a designated acknowledgement mechanism within the onboarding flow of the Services, that you have read, understood, and accepted the Use of the Services and Risk Acknowledgement.
Nothing in the Services or the Site constitutes an offer to sell or a solicitation of an offer to buy any crypto asset that may be referenced on or through the Services or Site.
The Services and the Site do not constitute an offering or recommendation by Wealthsimple of any investment, investment management service, or advisory service.
Wealthsimple is not registered under any legislation governing the provision of investment or financial advice.
Wealthsimple does not provide investment, financial, tax, or other advice, through the Services, the Site or otherwise.
To the extent that any information provided through the Site or Services may be regarded as advice or recommendations or advice concerning a crypto asset, such information is impersonal and is not tailored to the needs of you or any other specific person.
Any of your requests for information are unsolicited, and the provision of any information through the Services or Site shall not constitute or be considered investment, financial or other advice, or an offer to sell, or a solicitation of an offer to buy any crypto asset.
Wealthsimple does not transfer, exchange, or otherwise deal in crypto assets, including virtual currencies, in connection with your use of the Services.
Wealthsimple is not a party to blockchain transactions involving your crypto assets that may be performed using the Services and is not responsible for such transactions.
Wealthsimple does not have possession, custody, or control of your crypto assets held in the Wallets.
Wealthsimple is not your agent and Wealthsimple does not owe you any fiduciary duty, duty of fair dealing, or duty of loyalty.
Even if Wealthsimple informs you of some of the risks involved with using the Services, including risks relating to crypto assets, their protocols and networks, Wealthsimple has no responsibility to inform or advise you of all such risks.
Wealthsimple has no control over, and makes no representations regarding, the value of crypto assets or the security of the blockchain networks or protocols accessible using the Services.
Wealthsimple is not responsible for operation of blockchain protocols or smart contracts accessible using the Services and Wealthsimple makes no guarantee of their functionality, security, or availability.
Wealthsimple has no obligation to provide you with access to any specific crypto asset, smart contract, protocol, fork, or airdrop.
The Services may not support all crypto assets, tokens, or Protocols. You should not attempt to use your Wallet to store, send, or receive any assets other than those particular crypto assets listed as available in your Wallet (the “Supported Assets”). We explicitly disclaim responsibility for any unsupported crypto asset you may receive in your Wallet, and your inability to view, access, or transact with such assets may result in their permanent loss.
Wealthsimple cannot cancel, refund, recall, modify, or affect any transaction that you have caused to be broadcasted to any given blockchain network using the Services.
The Services are subject to change at any time and Wealthsimple does not guarantee that any particular aspect of the Services will continue to be available.
Wealthsimple will never ask you to share your Credentials.
Wealthsimple is not responsible for incorrect data and you should verify any data you receive through the Services before acting on it.
Any transaction involving your crypto assets held in your Wallets, including a purchase, sale, swap, loan, exchange, or transfer, may be subject to a number of risks.
Discussions or descriptions of any crypto asset published through the Services or on the Services do not contain a list or description of relevant risk factors.
Wealthsimple is not responsible for Third Party Services, smart contracts, or other services or protocols accessible using the Services.
Wealthsimple does not guarantee the accuracy of any Content or other information accessible through the Services, including information provided by Third Party Services, smart contracts, or other services or protocols.
If you use Third Party Services, smart contracts, or other services or protocols accessible using the Services, there may be an integration fee, affiliate fee, or other fee paid to Wealthsimple.
Any market information, including quotes or charts that we provide through the Services, is provided ‘as is’ and ‘where is’ without representations or warranties of any kind, and may contain typographical errors, be incomplete, or inaccurate.
Our Obligations
We may from time to time provide updates or upgrades to the Services, but we are not under any obligation to do so. Such updates and upgrades will be supplied according to our then-current policies, which may include automatic updating or upgrading. From time to time, we may require you to install certain software updates on your mobile or other devices in order for such devices to work optimally in conjunction with the Services. It is your responsibility to install these updates on the devices used by you in connection with the Services. We will not be responsible for any use of the Services, to the extent the device used was not updated and will bear no liability for any damage caused due to the inability to use the Service or for any transfer which will not be performed properly. Furthermore, for certain updates (at our sole discretion), due to security issues, we may deny access to non-updated devices. We and/or our service providers may, in our sole discretion or pursuant to any lawful order or request, decline to transmit any blockchain transaction you may attempt to make using the Services. This Agreement shall govern any update and upgrade that replaces or supplements the original Service.
For the avoidance of doubt, Wealthsimple does not provide financial, investment, tax, or legal advice, and you are solely responsible for determining whether any transaction involving your crypto assets using the Services is appropriate for you based on your objectives, circumstances, and risk tolerance. Wealthsimple may provide educational information about crypto assets to assist you in learning more about such crypto assets. The information provided on the Site, including the Content, does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any information as such. Wealthsimple does not recommend that any crypto asset should be bought, earned, sold, or held by you. Wealthsimple is not responsible for any decisions you make to buy, sell, or hold crypto assets based on the Services or other information provided by Wealthsimple.
Privacy Policy and Use of Information
Your security and privacy are our utmost concern. We do not sell, rent, or otherwise disclose your personal information collected to third parties except as required to deliver the Services.
We may disclose your personal information to our affiliates within the Wealthsimple group of companies (including Wealthsimple Technologies Inc., Wealthsimple Inc., Wealthsimple Investments Inc., and Wealthsimple Payments Inc.) for the purposes of providing you the Services as well as to help us develop, enhance, provide, and inform you of other services, products, or promotions offered by them (the “Other Services”). Additional terms and conditions and fees may apply to the Other Services.
You acknowledge and agree that in the course of using the Services, transactions involving your Wallet may be transmitted to Wealthsimple’s service providers and/or to blockchain network nodes operated by other parties and information contained in such transactions may be permanently recorded on public blockchain ledgers. You agree that Wealthsimple’s service providers may aggregate, collect, and analyze such information as it relates to the performance of their services and shall be free to use such data and other information to improve their products and services and to disclose such data and other information solely in an aggregated and anonymized format.
All information that we may collect through your use of the Services is subject to our Privacy Policy which is available at wealthsimple.com/en-ca/legal/privacy. Our Privacy Policy is incorporated into this Agreement by reference and by agreeing to this Agreement you hereby agree and consent to our Privacy Policy.
We are responsible for protecting the security of your data and personal information that is in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect your data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You understand and agree that you use the Services at your own risk.
Electronic Delivery of Information
You confirm that you have the technical resources (computer, mobile device, software, and any other equipment) needed to receive and read materials sent by us to the email address as updated through the Site. Any notice required to be sent to you under this agreement or by law shall be effective if sent to the email address provided to us. It is your responsibility to ensure the email account remains operational and you will immediately inform us of any changes to your email address.
Prohibited Use
In connection with your use of the Services, the Site, or in the course of your interactions with us, other users, or third parties, you shall not, directly or indirectly:
breach this Agreement or any other agreement between you and Wealthsimple, our affiliates, or our service providers, including our Client Code;
violate, encourage, or counsel a violation of, any law, regulation, or rule, including without limitation any law relating to securities, anti-money laundering, sanctions, taxation, or criminal laws;
infringe Wealthsimple’s, its affiliates’, or any third party’s intellectual property, trademarks, or other proprietary or legal rights;
conduct fraudulent transactions, conduct what we reasonably believe to be potentially fraudulent transactions, or otherwise carry out behaviour deemed fraudulent or potentially fraudulent in our sole and absolute discretion;
use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liabilities or losses to Wealthsimple, our affiliates, other clients, third parties, or yourself;
use or attempt to use another person’s credentials or impersonate another person;
provide false, inaccurate, or misleading information;
refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
have any amounts owed to us, our affiliates, or our service providers;
engage in any behaviour that is unlawful, threatening, abusive, harassing, defamatory, libelous, harmful to minors, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole and absolute discretion;
defame or disparage Wealthsimple, the Services, our affiliates, or any of our employees, directors, or contractors;
impersonate, intimidate, or harass another person, including any of our employees, directors, or contractors; or
attempts to do any of the foregoing.
Anti-Hacking Provisions
You are further prohibited from violating or attempting to violate the security of the Services or Wealthsimple’s or any affiliates other systems or network security, including without limitation the following:
use any robot, spider, offline reader, site search application, site retrieval application, or other device, tool, or process (whether manual or automatic) to:
access the Site;
retrieve the Services;
retrieve, index or data mine the Site; or
in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content, including with respect to any CAPTCHA displayed;
use any automated software or computer system to search for, retrieve, process, or otherwise allocate the Services;
access data not intended for users of the Service;s
take any action that imposes or may impose (in our sole and absolute discretion) an unreasonable or disproportionately large load the Site or its infrastructure;
use the Site, alone or in conjunction with any device, program or service, in an attempt to circumvent any technological measure that effectively controls access to, or the rights in, the Site, or the Services in any way including, without limitation, by manual or automatic device or process, for any purpose whatsoever;
gain unauthorized access to the Services, an account, server, or any other computer system;
attempt to or engaging in, directly or indirectly, probing, scanning, or testing of the vulnerability of any system, network, or the Services or attempting to breach security or authentication measures;
attempt to interfere with the function of the Services, the Site, or the Services’ host or network, including without limitation by submitting, directly or indirectly, any information that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
disrupt or interfere with the security of, or otherwise abuse, the Services;
send altered, deceptive, or false source-identifying information, including without limitation “spoofing” or “phishing”; or
forge any TCP/IP packet header.
Disclaimers
We provide the Services and the Site “as is” and “as available”. We do not guarantee that the Services or Site will always be error-free or will always function without disruptions, delays, or imperfections. We are not responsible for the actions or information of third parties, including other users of the Site and Services and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
EXCLUSION OF WARRANTIES: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEALTHSIMPLE EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND WITH RESPECT TO THE TRANSACTIONS BETWEEN YOU AND OTHER PARTIES, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ASSUME ALL LIABILITY AND RISK ARISING FROM YOUR USE OF THE SITE AND SERVICES OR OTHERWISE, INCLUDING ANY LIABILITY OR RISK THAT A CRYPTO ASSET TRANSACTION WAS IMPROPERLY SENT TO OR REQUESTED BY YOU, THAT THE TRANSACTION WAS ILLEGAL, OR THAT YOU MAY LEGALLY BE REQUIRED TO TURN THE TRANSACTION OR ANY ASSOCIATED FUNDS OVER TO ANOTHER PERSON FOR ANY REASON.
Voluntary Assumption of Risks
By using the Site and the Services, you acknowledge that there are many risks associated with using the Services, including but not limited to the risks described in Appendix A (collectively, the “Enumerated Risks”):
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU VOLUNTARILY ACCEPT AND ASSUME ALL OF THE RISKS ASSOCIATED WITH USING THE SERVICES, INCLUDING THE ENUMERATED RISKS, AND YOU CHOOSE TO USE THE SERVICES DESPITE THE RISKS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO GIVE UP THE RIGHT TO SUE WEALTHSIMPLE, ITS AFFILIATES, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, CONTRACTORS, AND AGENTS (collectively, “Wealthsimple Releasees”) for any loss, expense, or other damage that you may suffer as a result of your use of the Site or Services DUE TO ANY CAUSE WHATSOEVER, including without limitation the Enumerated Risks, the negligence of Wealthsimple Releasees, the failure to warn or protect you from the any risks, breach of contract, and breach any other duty of care. You waive any and all claims that you may have or may have in the future against the Wealthsimple Releasees and to RELEASE THE WEALTHSIMPLE RELEASEES FROM ANY AND ALL LIABILITY from any loss, expense, or other damage.
Limitation of Liability
We will only be liable to you for direct damages or loss resulting from gross negligence or willful misconduct on our part arising directly from our performance and responsibilities under the Agreement.
You expressly acknowledge and agree that we will have no liability or responsibility whatsoever for any direct, indirect, special, punitive, or consequential damages or loss however caused, arising out of your use of the Services, including, but not limited to: (a) losses resulting from fraudulent or unauthorized transactions, regardless of whether you have kept your Credentials confidential and secure and have monitored and safeguarded your Credentials; (b) losses related to the installation, use, or maintenance of personal computer, equipment, software, or caused by any worms, bugs, viruses, trojan horses, date bombs, defects, time bombs, or other items of a destructive nature which may be transmitted to or using the Site or Services; (c) any third-party claims or losses of any nature, including lost profits, punitive, or consequential damages; (d) losses related to any errors, mistakes, inaccuracies, or omissions in the Content or Services; (e) losses related to any transactions that you send or receive using the Services, regardless of whether they were authorized by or intended for you; and (f) losses relating to any of the Enumerated Risks.
Indemnification
You agree to indemnify and hold harmless Wealthsimple, our affiliates, and their respective directors, officer, employees, agents, representatives, shareholders, successors, and permitted assigns against any and all loses, damages, claims, and liabilities (including reasonable legal fees) which may arise from your use of the Site or the Services (collectively the “Liabilities“ and each a ”Liability”). Without limiting the forgoing, this shall include (a) any violation by you of the Agreement or any documents and/or additional terms it incorporates; (b) any violation by you of a third party right; (c) any breach of a representation or warranty made by you to us, either in the Agreement or otherwise; (d) any breach by you of applicable laws, regulations, by-laws, rules, policies, and customs (collectively, “Applicable Rules and Regulations”); and (e) any claim for damages brought against us by any third party, including those related to your non-compliance with the terms of the Agreement or any documents and/or additional terms it incorporates.
Force Majeure
Without limiting Section 13 above, we are not responsible or liable for any damages or loss resulting from causes outside our direct control, such as failure of electronic or mechanical equipment or communication lines, electronic viruses or malware, unauthorized access to our systems, theft, operator error, severe weather, natural disasters, strikes or other labour problems, wars, disease, epidemic, governmental restrictions, or for any loss of information caused by disruptions in or malfunctions of the Services.
Termination; Suspension
You may elect to terminate your access to the Services at any time. Where you do so, you may have the opportunity to port your Wallet. If you choose not to port your Wallet, it and any associated crypto assets contained within it, or transferred to any Protocols from it, may be lost permanently. We may not be able to recover, restore, or recreate your Wallet or any associated crypto assets once access is terminated, and we shall not be responsible for any resulting loss of access or value.
To initiate the wallet porting process, please contact our customer support team for instructions.
Company-Initiated Termination and Wallet Porting:
Immediate Termination. We have the right, in our sole discretion and without prior notice, to immediately suspend, cancel, or terminate the provision of the Services to you (a “Company-Initiated Termination”) if:
You breach any provision of the Agreement or if we suspect it has been accessed via unauthorized means.
We are required to do so by applicable law, regulation, sanction, or directive issued by a governmental, judicial or regulatory authority.
We otherwise feel it is necessary, in Our reasonable opinion, in order to protect Us or the Platform.
Upon a Company-Initiated Termination, we encourage you to immediately contact our support team for instructions on how to port your Wallet. Failure to port your Wallet will result in the permanent loss of access to your Wallet and any associated crypto assets.
Termination of your access to the Services does not affect your ability to access your Wallet using compatible third-party tools where available, provided you have successfully ported your Wallet. Following termination, we will have no further visibility or control over, or responsibility for, your Wallet or any transactions executed through it.
We may, at any time, in our sole discretion and without notice or liability to you, alter, amend, restrict, modify, or terminate the Services, the Site, or any functionality or portion of the Services. You understand that there is no guarantee that the Services or any portion or functionality of them will continue to operate or be available for any particular period of time. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice to you, but confirm that we have no duty to do so.
We have the right, in our sole discretion and without notice or liability to you, terminate this Agreement, and/or modify, suspend, or deactivate your access to the Services for any reason, including if you breach any provision of the Agreement or if we suspect it has been accessed via unauthorized means.
Upon termination of any Service, your right to use the Software, Site, and Service will automatically terminate immediately. Wealthsimple will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive termination of Services will do so.
Court Orders, Regulatory Requirements or Other Legal Process
Wealthsimple may take certain actions, including suspending your access to the Services in response to a facially valid subpoena, court order, search warrant, or any other binding order from a governmental authority, including if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your Wallet.
Customer Service and Communication
You may contact our customer service representatives via our Help Center. We strive to respond to any inquiry as soon as we can, subject to the volume of inquiries and other external factors. We may communicate with you via email, the Site, and/or any telephone number that you have provided to us.
Marketing and Communications
All marketing, advertising, and promotional materials relating to the Services, whether published on the Site, distributed through digital channels, or communicated through social media, will:
(a) present a fair, balanced, and accurate description of the Services, including a clear and prominent description of the material risks associated with using the Services and transacting in Crypto Assets;
(b) comply with applicable law regarding marketing of crypto assets;
(c) not state or imply that any Crypto Asset accessible through the Services has been approved, endorsed, or recommended by us, any securities regulator or any other regulatory or governmental authority;
(d) not state or imply that the Services are equivalent to, or a substitute for, a registered investment dealer, portfolio manager, or other regulated financial service; and
(e) be reviewed for compliance with applicable law prior to publication.
We will not, in any marketing, advertising, or promotional material or communication:
(a) guarantee, represent, or imply that you will earn any return, yield, reward, or profit from using the Services or from transacting in any crypto asset;
(b) use performance data, historical returns, or yield figures in a manner that is misleading or that does not include an equally prominent risk disclosure;
(c) use unsolicited testimonials, endorsements, or social proof in a manner that attributes investment performance to the use of the Services;
(d) represent that past performance of any Crypto Asset, Protocol, or Third-Party Service is indicative of future results;
(e) compare the Services or any Crypto Asset accessible through the Services to a guaranteed or capital-protected financial product; or
(f) make any representation regarding the tax treatment of any transaction that is not accompanied by a recommendation to seek independent tax advice.
Where we engage third parties to promote the Services through social media or other digital channels, we will ensure that all such communications are clearly identified as promotional, comply with applicable advertising standards, and include a clear risk disclosure. We will not authorize or facilitate any promotional communication that would, if made by us directly, violate the standards in this Section.
Miscellaneous
Governing Law. These terms and conditions are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By using the Services, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Site, this agreement or any related matters.
Amendments. We reserve the right to amend this Agreement at any time, subject to applicable law. We will provide notice to you of any amendments to this Agreement which may be provided to you by electronic means in accordance with Section 8. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted. You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services. If you do not agree with any changes to this Agreement, you may cease using the Services.
Headings. The headings in the Agreement are for reference only and do not affect the interpretation of the Agreement.
Severability. If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Endorsement. No endorsement of any independent third party products, services, or information is expressed or implied by any information, material, or content of or about a third party or any Third Party Services made available to you through the Services. Any information, data, opinions, or recommendations provided by independent third parties through links to other websites or otherwise made available are solely those of the independent third party and not of us. Access to any Third Party Service through the Services is provided as a convenience only. You are not required to use the Services to access any Third Party Service, and we do not restrict, penalize, or discourage your direct access to any Third Party Service independently of the Services. We do not represent that any Third Party Service accessible through the Services is the only, best, or most appropriate means by which you may access any particular protocol, liquidity pool, decentralized exchange, or other on-chain functionality. You are free to interact with any Third Party Service directly, using other software or interfaces, without using the Services. We will not impose any contractual or operational restriction that prevents or discourages you from accessing any Third Party Service through a means other than the Services. Any integration between the Services and a Third Party Service is an arrangement between us and the relevant Third Party Provider and does not create any obligation on your part to transact exclusively through the Services.
No Waiver. No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under this agreement will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.
Relationship. Nothing in this Agreement is intended to or shall operate to create a partnership, joint venture, principal-agent, trustee or fiduciary relationship between you and Wealthsimple
Appendix A
Use of the Services and Risk Acknowledgement
The risks described below are not exhaustive. Crypto assets and the technologies underlying them are novel, rapidly evolving, and subject to significant uncertainty. By using the Services, you confirm that you have read and understood each of the following risks and that you voluntarily assume them. You also acknowledge that there are many risks associated with using the Services, including but not limited to the following (collectively, the “Enumerated Risks”):
Experimental Software – The Services are experimental and may not function as intended, or all.
Outages and Downtime – Outages and downtime affecting the Services may occur for a variety of reasons, in which you may be unable to access information and conduct blockchain transactions using the Services.
Risk of Software Bugs and Vulnerabilities – Bugs or vulnerabilities may be identified in the cryptographic protocols or software underlying the blockchain networks, smart contracts and other services and protocols accessible using the Services, or the software used to provide the Services, which may result in the theft or other loss of your crypto assets.
Risk of Theft or Other Loss – Your crypto assets may be lost, stolen or rendered inaccessible in the course of using the Services.
Volatility Risk – The value of crypto assets can change rapidly, increase or decrease unexpectedly, and there is substantial risk that you will lose money buying, selling, holding, or otherwise transacting in crypto assets.
No Insurance – Crypto assets that you may hold in your Wallets are not protected by any form of insurance or investor protection scheme.
Investment Suitability – The crypto assets discussed on or accessible through the Services and Site may not be suitable for you, your financial situation, your investment objectives, or your risk tolerance.
Change in Content – All content made available through the Services may be superseded by subsequent market or material events or for other reasons.
Risk of Theft or Loss of Credentials – Loss or theft of your Credentials and/or the mobile or other device used to access the Services may result in theft or other loss of your crypto assets.
Risk of Halting – Blockchain networks accessible using the Services may temporarily or permanently halt or otherwise cease operating.
Acts of Third Parties – Other parties may have the power to modify or halt smart contracts or other software protocols accessible using the Services, which may result in the loss or theft of your crypto assets.
Transaction Confirmation Risk – Blockchain transactions transmitted using the Services may be unconfirmed for a period of time and may be never complete if it remains in a pending state.
Risk of Forks – Crypto asset protocols are subject to changes in protocol rules (referred to as “forks”), and that such forks may materially affect the value, function, or name of the crypto asset.
Malicious Code or Functionality – Certain smart contracts that you interact with using the Services may contain malicious code or functionality that may result in the loss or theft of your crypto assets. Other persons may send to your Wallets crypto assets that have malicious functionality and interacting with these assets may result in the loss or theft of your crypto assets.
Address Risk – Failure to correctly enter blockchain addresses for transactions may result in your crypto assets being lost or otherwise unrecoverable.
Legal Risk – The legal status of crypto assets under securities, anti-money laundering, sanctions, taxation, and other laws may be unclear and subject to change.
Privacy Risk – As blockchain transactions involving your Wallets are transmitted to other parties and may be permanently recorded on publicly available blockchain ledgers, any personal, private, confidential or other sensitive information that you include in blockchain transactions may be disclosed to the public and others.
Tax Risk – The tax treatment of transactions involving crypto assets is complex and may vary based on individual circumstances and applicable laws. Income derived from such transactions could be classified as business income or capital gains, subject to applicable taxation. It is the responsibility of the user to understand and comply with all tax obligations arising from transactions involving crypto assets. Failure to properly account for these tax implications may result in penalties or additional liabilities. Users are advised to consult with a qualified tax professional to ensure compliance with all relevant tax regulations.
Specific DeFi Protocol Interaction Risks
Transfers to Protocols. Any crypto assets transferred from your Wallet to a Protocol (e.g., for lending, staking, or liquidity provision) are no longer held in your Wallet and become subject solely to the relevant Protocol’s terms and smart contract logic. We are not liable for any delays, restrictions, errors, or failures related to such transfers.
Asset Conversions and Wrapping Risk. Following a transfer to a Protocol, the Protocol may automatically convert, wrap, or otherwise transform the transferred crypto assets. Such conversions occur on-chain, outside of our control or responsibility. We are not liable for any loss of peg or parity, non-redeemability, or inability to unwrap or convert due to bridge, custodian, or smart contract failure.
Downstream Protocol Risk. The Protocol you interact with may, in turn, deploy or transfer your crypto assets to one or more additional Protocols ("Downstream Protocols"). We do not select, approve, recommend, endorse, or monitor any Downstream Protocols and are not responsible or liable for any malfunction, failure, or loss of any Protocol or Downstream Protocols to which your crypto assets may subsequently be deployed.
Receipt Token Risk. Following a transfer to a Protocol, your Wallet may receive receipt tokens or derivative tokens evidencing your on-chain position. We do not issue, custody, select, approve, recommend, or endorse any such tokens, or guarantee their value or redeemability.
Redemption Controls and Delays. Access to, redemption from, or withdrawal of crypto assets from Protocols may be delayed, limited, or prevented by protocol-level controls, including cooldown periods, queues, redemption gates, or rate limits, which are outside our control and may apply without notice.
Consequences of Protocol Loss. If a Protocol, Downstream Protocol, or associated smart contract fails, or if assets are lost due to liquidity shortfall, bad debt, exploit, or other technical or governance events, you may not recover your crypto assets. We do not guarantee or insure the return of any crypto assets or the performance of any Protocol or Downstream Protocol.
Specific Technology Risks
TEE Provider Risk (Permanent Loss). Vulnerabilities, firmware revocations, manufacturer updates, or actions taken by a TEE Provider or device manufacturer may affect your ability to access or use the Wallet, and may result in the permanent loss of access to your Wallet and any crypto assets associated with it. We are not responsible or liable for any delay, malfunction, outage, or data loss arising from such events.
Third Party Provider Failure. The creation, signing, and broadcasting of on-chain transactions may occur through Third Party Providers (including TEE infrastructure operators, relays, and data sources). We are not responsible for any failure, breach, or downtime affecting such providers.