Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and PeerMarkt ("Company," "we," "us") governing access to and use of the PeerMarkt peer-to-peer cryptocurrency marketplace ("Platform"). These Terms apply globally to all users regardless of location, subject to applicable local law restrictions.

These Terms should be read together with our Privacy Policy, AML/KYC Policy, Dispute Resolution Policy, and Fee Schedule, each incorporated herein by reference.

PeerMarkt provides a technology infrastructure enabling independent users to locate each other and conduct peer-to-peer cryptocurrency transactions. The Company:

• Does not purchase, sell, or exchange cryptocurrency on its own account
• Does not act as a bank, payment processor, money transmitter, or financial institution
• Does not hold fiat currency (NGN, GHS, MAD, KES, XOF, or any other) at any time
• Does not provide investment advice, financial advice, or any regulated financial service
• Does not guarantee the performance of any user, transaction, or counterparty
• Does not provide deposit insurance, guarantee schemes, or investor compensation

When a trade is initiated, the seller's cryptocurrency is temporarily held in a Platform-controlled escrow wallet solely to facilitate trade completion. This escrow arrangement does not constitute custody, investment management, or deposit-taking. Beneficial ownership of escrowed assets remains with the seller at all times.

To use the Platform you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have full legal capacity to enter into binding contracts
• Not be resident in or located in any Restricted Jurisdiction (see Article 11)
• Not be a person subject to sanctions by OFAC, UN Security Council, EU, HMRC, or any competent sanctions authority
• Not have been previously suspended or permanently banned from the Platform
• Provide accurate, complete, and current registration information
• Maintain only one account — duplicate accounts to circumvent restrictions are prohibited

You must notify us immediately at security@peermarkt.com of any unauthorized access to your account. You are responsible for all activity that occurs under your credentials.

• Comply with all applicable laws including AML, sanctions, tax, and exchange control laws in your jurisdiction
• Conduct all transactions honestly, in good faith, and in accordance with agreed trade terms
• Complete fiat payment within the payment window stated in the advertisement
• Verify receipt of full payment before releasing cryptocurrency from escrow
• Maintain accurate and current account information at all times
• Not disclose trade or account information to third parties except as required by law
• Cooperate fully with any compliance investigation, providing requested documentation within 48 hours
• Report suspicious counterparty behavior to the Platform immediately
• Comply with all tax obligations arising from cryptocurrency transactions in your jurisdiction

The following are strictly prohibited and will result in immediate account suspension, permanent ban, forfeiture of platform credits, and reporting to relevant authorities:

• Money laundering — using the Platform to launder proceeds of crime including structuring transactions to avoid reporting thresholds
• Terrorist financing — providing funds to designated terrorist organizations or individuals
• Sanctions evasion — conducting transactions that violate OFAC, UN, EU, or any other applicable sanctions program
• Payment fraud — initiating chargebacks or reversals after receiving cryptocurrency, using stolen payment credentials
• Identity fraud — submitting false or forged KYC documents, impersonating another person
• Market manipulation — artificial trade volume, wash trading, or coordinating to manipulate platform metrics
• Unauthorized access — attempting to access systems or accounts you are not authorized to access
• Proceeds of crime — trading cryptocurrency derived from ransomware, theft, darknet markets, or any criminal activity
• Circumvention — communicating with counterparties outside the Platform to bypass the escrow system
• FX arbitrage — using the Platform to facilitate currency speculation in violation of applicable exchange control regulations

The Company charges a transaction fee for each completed trade as published in the Fee Schedule at peerMarkt.com/legal/fees. Fees are deducted automatically at trade completion. Network (blockchain) fees are separate and borne by the transacting user.

Fee changes will be communicated with 30 days' notice. Fees for cancelled or disputed trades are set out in the Fee Schedule. By using the Platform, you agree to the current published fee structure.

The Company reserves the right, at its sole discretion and without prior notice, to:

• Freeze a user's account and associated funds pending investigation of suspected prohibited activity
• Suspend an account for violation of these Terms or applicable law
• Terminate an account permanently for serious, repeated, or criminal violations
• Reject, reverse, or hold any transaction that may violate these Terms, applicable law, or sanctions obligations
• Report user activities to law enforcement, regulatory authorities, or financial intelligence units as required by law

Where the Company is required to freeze an account under AML, sanctions, or law enforcement requirements, applicable law may prohibit us from disclosing the reason ("tipping off prohibition"). A compliance freeze does not constitute breach of contract.

Suspended users may appeal to compliance@peermarkt.com within 30 days. Appeals are reviewed within 14 business days. The Company's appeal decision is final subject to applicable law.

Trade disputes between users must be raised through the Platform's dispute system before the trade timer expires. A dispute places escrowed cryptocurrency on hold pending resolution.

• Disputes must be raised within the time window specified in the Dispute Resolution Policy
• Both parties have 48 hours to submit evidence (screenshots, receipts, chat logs)
• The Company's compliance team reviews evidence and issues a decision within 72 hours of the evidence deadline
• Decisions are based on the balance of evidence provided
• The Company's dispute decision governs escrow release — it is not a legally binding arbitration award
• Users retain the right to pursue independent legal remedies regardless of Platform dispute outcome

For disputes not resolved through the Platform system, binding arbitration applies under Article 13 below.

The Company is not liable for: indirect, incidental, or consequential losses; loss of profits or revenue; cryptocurrency market movements; third-party fraud including counterparty fraud; blockchain network failures or delays; or losses arising from premature escrow release by a user.

Nothing in these Terms limits rights you may have under mandatory consumer protection laws in your jurisdiction that cannot be contractually excluded.

You represent and warrant that you are not located in, resident of, or national of any Restricted Jurisdiction, and that you are not subject to any applicable sanctions program. Providing false information to circumvent this restriction may constitute criminal sanctions evasion under applicable law.

Users acknowledge that cryptocurrency transactions may be subject to foreign exchange control regulations in their jurisdiction. This includes but is not limited to:

• Nigeria: Compliance with CBN foreign exchange regulations and SEC digital asset rules
• Morocco: Compliance with Bank Al-Maghrib exchange control regulations — users represent they are not circumventing restrictions on foreign currency acquisition
• South Africa: Compliance with SARB exchange control allowances — the platform does not facilitate transfers that circumvent the Single Discretionary Allowance or Foreign Capital Allowance
• Ghana: Compliance with Bank of Ghana foreign exchange guidelines
• Kenya: Compliance with CBK foreign exchange regulations and Finance Act 2023 digital asset tax obligations
• UEMOA (Côte d'Ivoire and others): Compliance with BCEAO regional AML/CFT directives

Users are solely responsible for compliance with applicable exchange control laws in their jurisdiction. The Platform does not provide legal or tax advice regarding exchange control compliance.

These Terms are governed by the laws of England and Wales. Any dispute arising out of or relating to these Terms shall be submitted to binding arbitration under the Rules of the Mauritius International Arbitration Centre (MIAC), which has been chosen as a neutral jurisdiction with strong rule-of-law tradition, familiarity with African commercial disputes, and recognition across OHADA and Commonwealth legal systems.

• Seat of arbitration: Mauritius
• Arbitration rules: MIAC Arbitration Rules
• Language: English
• Number of arbitrators: One (sole arbitrator) for disputes below USD 50,000; three-member tribunal above
• Class action waiver: To the extent permitted by law, you waive the right to participate in class proceedings

Either party may seek emergency injunctive relief from any court of competent jurisdiction to protect intellectual property or prevent imminent harm.

• Entire agreement: These Terms and referenced policies constitute the entire agreement between you and the Company
• Severability: If any provision is unenforceable, remaining provisions continue in effect
• No waiver: Failure to enforce any provision does not constitute waiver
• Assignment: You may not assign your rights without prior written consent. Company may assign in connection with merger or acquisition
• Force majeure: Company is not liable for failure due to circumstances beyond reasonable control including blockchain failures, government action, or cyberattacks
• Amendments: Material changes communicated with 30 days' notice. Continued use constitutes acceptance
• Contact: legal@peermarkt.com | compliance@peermarkt.com