This document entitled "Terms and Conditions" constitutes an adhesion contract between you (hereinafter, the "user" or "users") and THE METEOR COMPANY S.A.C. identified with the Single Taxpayer Registry (RUC) No. 20610139869 with Exchange House Registries approved under SBS Resolution No. 04052-2022 and registered in Registry Item No. 15116890 of the Registry of Legal Entities of Lima - Peru. (hereinafter, "WANYA"). This adhesion agreement details the terms and conditions of the products and/or services offered through the WANYA mobile application (hereinafter, the "contract").
By creating an account, accessing the WANYA mobile application and/or using the services offered within it, users fully accept this agreement. Similarly, users must accept the additional documents referred to in this agreement. In addition, users agree that this Agreement and any additional documents are updated from time to time.
In case users do not fully accept this contract and its additional documents, we request that users refrain from creating an account, accessing the platform and using the services offered by the WANYA mobile application.
Account: means the account established by a User who has downloaded the Application or accessed the Site and has registered with the Company to use the Site and the Platform.
Application: means the mobile application provided by the Company to access the Platform.
Authorized Individual: Means any person who is authorized to access and use the app.
Biometric Authentication: Means the identity authentication feature that uses biometric credentials, including fingerprints, facial recognition, or any other biometric data, as permitted by us from time to time.
Virtual Assets: Means Bitcoin, Ethereum, or other crypto or digital assets or currencies.
Digital Platforms: Refers to third-party distribution platforms where mobile applications or other software programs can be accessed or downloaded, including but not limited to the Apple App Store and Google Play.
Wallet: Software application or any other custody mechanism that allows users to store, manage and transfer Digital Assets within the WANYA platform.
Government Authority: Means any entity, authority or public body that exercises executive, legislative, judicial, regulatory or administrative functions belonging to the Peruvian and/or foreign government.
Material: Means any offer material, term sheet, market data, research report, product or service documentation, or any other information provided through the Platform.
Personal information: Refers to the information provided by a User such as names and surnames, identity document, address, telephone number, age, complaint, email and purchase information, etc.
Privacy Policy: means the additional terms and conditions governing the collection, use, and disclosure of each User's Personal Information. Each User must read and accept the Privacy Policy in order to use the Application or the Site.
Service Notifications: These are one-way notifications from the Application (which may include security-related notifications) via text message or email and, where applicable, push notifications through the Site.
Third-Party Financial Service Provider: Any third party that offers a merchant, fiat-to-crypto exchange or other financial services account that can be registered and accessed through the Platform.
Technology Service Provider: Refers to providers that provide technology services such as identity validation, among others.
Third-Party Account: means a separate financial services account that a User establishes with a Third-Party Service Provider to conduct transactions.
User: means any person who has registered with the Company to use the Site and access the Platform and any Authorized Individual acting on their behalf.
User Identification Policy: Means the procedures for validating the User's access to the Platform.
User Credentials: means the set of user identification, password, personal identification number, token, and any other information or device provided to a User to access the Platform.
Virtual Asset Service Provider (VASP): An entity that facilitates the exchange, purchase, sale, transfer, or any other management of virtual assets, including, but not limited to, cryptocurrencies, non-fungible tokens (NFTs), and other types of digital assets. In compliance with the applicable regulations in the corresponding jurisdiction, VASPs are obliged to implement policies and procedures for the prevention of money laundering and terrorist financing, in accordance with current laws, such as Law No. 27693 and its amending regulations in the case of Peru, supervised by the Superintendence of Banking, Insurance and AFPs (SBS).
A) VIRTUAL ASSET RISK
Virtual Assets are a digital representation of value that can be traded or transferred and can be used for payments or investments.
As with any asset, the value of Virtual Assets can fluctuate significantly and there is a real risk of financial loss when buying, selling, holding and/or investing Virtual Assets. That is why users must have the necessary knowledge to operate Virtual Assets.
The User should be aware that the Account is not a bank account and the Digital Assets held in the Account are not deposits or other financial products. Except as otherwise permitted by the Platform, no interest will be paid on any funds or Digital Assets under your Account, and all Digital Assets that are directly held by us for your benefit are not insured by any Governmental Authority.
The user may fund the Account by transferring Digital Assets from his/her accounts with third parties to the Account. The Platform does not charge fees for funding the Account; However, third parties, such as your bank, may charge transactions and other fees. The Digital Assets will be transferred to the address of the Platform for the user account.
It is important for users to fully understand the risks involved before making the decision to use WANYA services.
B) WE DON'T GIVE FINANCIAL ADVICE
WANYA does not provide financial advice to users or act as a financial advisor. All operations that users perform on the WANYA application are the sole responsibility of the users.
WANYA is not responsible for any losses that users suffer due to market fluctuation or in case users enter erroneous data.
WANYA does not monitor whether the operations made by users are consistent with the users' financial objectives and goals. It is up to users to assess whether the trades they make through the WANYA mobile app are appropriate based on their financial situation, personal circumstances, and risk tolerance.
WANYA offers a platform designed to facilitate users (hereinafter referred to as the "User" or the "Users") to exchange, custody, transfer and/or manage virtual assets, fiat currencies or legal tender (hereinafter referred to as the "Services"). These Services are regulated under the national and international regulatory framework applicable to Virtual Asset Service Providers (VASPs), as established in SBS Resolution No. 02648-2024, Supreme Decree No. 006-2023-JUS and other regulations of the Superintendence of Banking, Insurance and AFPs (SBS), as well as the Recommendations of the Financial Action Task Force (FATF), in order to prevent money laundering and terrorist financing (AML/CFT). WANYA is an obligated entity to report to the Financial Intelligence Unit of the Superintendence of Banking, Insurance and AFPs (SBS) for its status as a Virtual Asset Service Provider.
Access to the Platform and use of the Services are subject to strict compliance with these Terms and Conditions, as well as any additional regulations that WANYA may establish to ensure security and legal compliance. The User expressly accepts that, by registering on the Platform and ticking the acceptance box, he/she undertakes to respect the provisions contained herein. WANYA reserves the right to unilaterally modify these Terms and Conditions at any time, notifying the User through the publication of the new version on the Platform.
To access the Services, the User must create an account and complete the identity validation process (hereinafter, "KYC"), which includes the verification of national or foreign identity documents in accordance with the regulations of the National Registry of Identification and Civil Status (RENIEC) or the National Superintendence of Migration of Peru. This process is essential to comply with AML/CFT prevention standards, in accordance with Peruvian legislation.
The User declares to have read and understood these Terms and Conditions in their entirety, and may not claim ignorance of them under any circumstances. The use of the Platform implies full acceptance of these terms, which are governed by the current legislation of the Republic of Peru.
To use the WANYA mobile app, users must meet the following requirements:
A) Be a natural person or a legal entity with full power, authority, and capacity to (1) access and use the WANYA Services and (2) accept and perform the obligations described in this agreement.
B) If the user is a natural person, they must be at least 18 years of age.
C) If the user is an employee or representative of a legal entity and accepts this agreement on behalf of the legal entity, he/she must be duly authorized to act on behalf of such legal entity to accept this agreement.
D) Not have been previously suspended or removed from WANYA services.
E) Not be a Politically Exposed Person (PEP)
F) Not have an existing WANYA account.
G) Not be located, incorporated, otherwise established in, or reside in, or have business operations in:
A jurisdiction in which it would be illegal for the user to access WANYA's mobile application and services, or that causes WANYA or a third party to contravene any applicable Law.
A country included in the OFAC List.
WANYA may modify the criteria for admitting users to the mobile app. WANYA will inform in advance of changes to the criteria.
However, we may need to make urgent changes without informing users in advance. This may include the following:
A) As a result of changes in Laws or regulations applicable to our services.
B) For the benefit of users.
C) Any other urgent reason that prevents advance reporting.
Where we are unable to notify you in advance, we will inform you of the change as soon as possible after it is made.
In order to use the services on the Platform, the User must create an account with the Platform (the "Account"). The Account will be used to register various Digital Assets transferred by you to the Platform and to conduct transactions on the Platform. The Account may be registered by any person over the age of 18 or an institution by its duly authorized representatives.
Each User shall only register one Account on the Platform. Registration of multiple trading Accounts would be a violation of these Terms and may lead to immediate termination of these Terms and the Accounts involved.
In order for the User to access the Platform, an account must be created by providing:
Cell Phone Number
Password Generation
DNI (in the case of being Peruvian), passport and/or alien card.
In order for the User to be able to use the Services, he/she must provide a photo of his/her face, as well as the Identity Document, information that will be validated by a technological service provider to validate the User's identity.
All data provided to WANYA by the User at the time of registration and account validation on the Platform must be truthful, accurate and complete. In the same way, in the event of a change in the data provided, the User undertakes to update them. If the User provides false, inaccurate or incomplete information, WANYA may, without prior notice and explanation, deny access to and use of the Platform.
In cases the User is involved in cases of identity theft or other computer crime, WANYA reserves the right of admission to the Platform and will inform the local Peruvian authorities (Public Prosecutor's Office, National Police of Peru, INTERPOL, etc.) so that they can initiate the corresponding investigation.
WANYA and the User agree that all data provided during the creation of the account will be confidential. The User agrees not to disclose the data linked to his/her account with third parties in accordance with Law No. 29733, Personal Data Protection Law of Peru and its Regulations. The User shall be solely responsible for any event that occurs when using the account created within the Platform.
WANYA will use all the necessary IT tools with the utmost diligence to validate the User's data; however, WANYA cannot guarantee the complete suitability in validating the identity of the Users if the Service Technology Provider presents any problem. WANYA will not be responsible for the inappropriate use of the identity of Users or their respective accounts and passwords. The User must notify WANYA in the event of the theft, disclosure or loss of his/her password or username, by sending an email to the following address: support@wanya.io
WANYA may modify the criteria for eligibility to the Platform without prior notice, criteria that will always be public knowledge and that will be published on the Platform.
If the user loses or forgets the password to enter the platform, they can request the recovery of it for which WANYA will send an email with a validation key to the email address. The User must validate the validation key on the Platform and generate a new password.
The User may cancel his/her account by sending an email requesting the cancellation to the following address: support@wanya.io
By confirming the deletion of his/her account, the User will lose access to the functions of the Platform (and the funds on it, if he/she has not previously withdrawn them), so any link or obligation that may exist between the User and WANYA will be automatically terminated.
WANYA will evaluate the user's cancellation request and contact the user to confirm. WANYA may send a questionnaire or survey to the user to determine the reasons for which the cancellation was requested.
To transact with virtual assets and other traditional currencies, Users must create and validate an account on the Platform in order to access the Platform Services. When making a transaction on WANYA, the platform will tell you the amount to pay, the type of currency, and the amount of currency to receive.
Once the transaction is confirmed, the user must accept the final amount set by WANYA then select and execute a payment method. As the value of virtual assets fluctuates constantly, authorizations and payments must be made within the timeframes shown on the platform. WANYA accepts no responsibility for variations caused by the above violations.
Once the payment is approved, the user will be provided with the cryptocurrency or currency requested in the transaction and the user will be redirected to the user's wallet within the platform. In this regard, the User declares and agrees that the process is considered complete once the virtual asset has been sent to the User's wallet on the Platform.
The user agrees and declares that WANYA shall not be liable for the following in P2P transactions and operations conducted by WANYA via blockchain:
The applicable exchange rate if the transaction will result in an economic loss; and
Sending cryptocurrencies to non-user wallets if the user makes a mistake when entering the relevant wallet information.
To transact virtual assets, users can do so in the following ways:
Online payments: They can be made on the same platform or through a payment gateway. In both cases, only debit or credit cards are used through service providers. Once the payment is approved, the user will receive the corresponding cryptocurrency and/or foreign currency. If a payment method identifies a transaction as fraudulent, or rejects a transaction after it has been successful, WANYA will freeze the released funds until the incident is clarified.
The platform also offers the possibility of depositing funds into the user's account in soles or dollars, so these funds can be used to make trades and no online payment is required. To deposit funds, users need to make a bank transfer to their WANYA account. Within a maximum period of approximately 24 hours, WANYA will verify the funds and make the transfer to the user's account.
The User acknowledges and declares that WANYA is not responsible if the card used for online payment is not the User's. Likewise, the User acknowledges that WANYA will not be liable if the above terms are modified by events beyond the control of WANYA, such as events by payment gateways or banks, or violence caused by force majeure or fortuitous event. Therefore, there is no compensation as this is not the responsibility of WANYA.
WANYA does not accept exchanges, cancellations and returns once the payment has been made by the User due to the fact that it is generally known that cryptocurrencies fluctuate in value. The User accepts and declares that WANYA is not responsible for any errors that the User may have made when making the payment.
The User accepts that the promotions offered on the Platform or social networks and that are applicable to them have a limited duration and their validity depends on the Platform and specifically on each Promotion. The different promotions offered by WANYA are not cumulative.
WANYA will not allow any User or third party, under any circumstances, to post, send, distribute or make available any content that violates the rights of any person or entity, or information or content that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, vulgar, pornographic or that promotes physical or verbal violence, animal abuse, or any other inappropriate content at WANYA's sole discretion.
Users must immediately notify any breach of security, unauthorized use or inappropriate use of the account they hold by sending an email to the following address: support@wanya.io
Users undertake to: (i) not interfere with the proper functioning of the Platform; (ii) not to circumvent the security measures that protect access to the Platform; (iii) not to execute any form of "Spam"; (iv) not to decipher, decompile, access the source code, reproduce, reverse engineer or otherwise attempt to derive the source code or algorithms of the Platform or any software owned by WANYA; and (v) not to incur in any of the assumptions described in the previous paragraph.
WANYA will have the power to take the best preventive measures against mechanisms that lead to fraud of the Platform or affect its computer security.
Likewise, Users undertake to: (i) not get involved in scams related to the purchase, sale and exchange of cryptocurrencies; and (ii) comply with prevention and security methods suitable for the protection of their funds when carrying out operations on the Platform. Finally, the User undertakes and is responsible for respecting and complying at all times with these General Conditions and their future updates.
The User warrants that he/she is aware of the volatile nature of cryptocurrencies, as they can fluctuate greatly in value depending on market conditions, and releases WANYA from liability for any loss or damage arising from such volatility.
WANYA is the owner of all intellectual and/or industrial property rights over the Service and the Platform and all its content (texts, images, designs, software, source code, audio fragments, computer programs, digital downloads, databases, trade names, trademarks, logos and/or other distinctive signs that are or have been part of the Platform at any time).
WANYA is the sole owner of the Platform Software and all other materials that it may access. Reproduction of the software in whole or in part, even for private use, regardless of the medium or form, is prohibited.
The User, through these Terms of Use, agrees that cryptocurrencies fluctuate rapidly in value and are not guaranteed against depreciation. The value of each cryptocurrency in the market depends on its market capitalization and its volume or circulation (total amount to date), i.e., the supply of the cryptocurrency at a given time of the year.
In this sense, it is considered a volatile asset whose price is not controlled and which is not the responsibility of WANYA. Therefore, when using the Service or placing an order on the Platform, it is always assumed that the User has not only previously read these General Terms and Conditions, but also knows the specific characteristics of cryptocurrency operations. WANYA is also not responsible for the fact that the service did not meet the subjective expectations, perceptions or wishes of the user.
Similarly, WANYA is not responsible for losses caused by exchange rate fluctuations related to the purchase, sale, sending, receiving, and storage of virtual currency, and APIs related to the blocking of virtual asset.
In this regard, the User acknowledges that WANYA has no control, responsibility or obligation to take any action regarding:
Economic capacity of the user.
Cryptocurrency prices and short-term fluctuations.
Incorrect information entered by the user regarding the selected registration and/or wallet.
The results of cryptocurrency transactions.
Terms and conditions related to cryptocurrencies.
Events, facts, or actions under your control; fortuitous event or force majeure.
Any other agreement so specified in these Terms and Conditions.
PRIVACY AND PERSONAL DATA
If WANYA needs to collect information about you during registration or in certain sections of the Platform, WANYA will ask you to provide it voluntarily and explicitly with your consent.
WANYA will treat the personal data provided by users confidentially, with all legal guarantees and in accordance with Peruvian Law No. 29733 - Personal Data Protection Law and its regulations. I also acknowledge that I have been informed by WANYA that, in order to exercise my rights of information, access, rectification, cancellation, opposition and objective processing of personal data, the user must contact the following email Electronic: support@wanya.io
WANYA undertakes not to transfer, sell or transfer the data to third parties without the prior express written consent of the user. WANYA is not responsible for any damages arising from changes that third parties may make to the Platform. WANYA may disclose personal information when required to do so by a court order. WANYA also reserves the right to report, in good faith and in its sole discretion, any activity that it deems illegal.
WANYA is committed to protecting the privacy of users' personal data, however, in compliance with current regulations on the prevention of money laundering and terrorist financing, the data provided by the user may be shared with the Financial Intelligence Unit of Peru (UIF-Peru) or other competent authorities, when circumstances warrant it. The user accepts this use of their data by accepting these Terms and Conditions.
WANYA may use cookies to track activities on the Platform and browsing data such as IP address, server address, domain name, etc.
Users declare to know and accept that WANYA uses cookies within the Platform, in accordance with its Privacy Policies.
WANYA may develop internal studies on the interests, behaviors and demographics of Users to better understand their needs, offer better services and provide more detailed information.
WANYA may analyze traffic or conduct commercial evaluations to test different aspects of the Platform.
The platform may enable links to other websites, services or resources on the internet. Access to third-party resources on the Internet is at your own risk, and you acknowledge that these resources are not under the control of WANYA. WANYA shall not be responsible for their content, functionality, legality, or any other aspect related to them.
These Terms and Conditions supersede all prior or contemporaneous communications, proposals and/or agreements (oral, written or electronic) between you and WANYA. If any provision of these Terms of Use is found to be invalid, the invalidity shall be enforced to the minimum extent necessary to keep the other provisions enforceable.
Given that the General Conditions are personal, in no case may the User assign or transfer the rights and obligations acquired to any third party without the prior written consent of WANYA.
WANYA may assign, transfer, or delegate all of its rights and obligations without your prior consent, and you agree and acknowledge that it is contained herein.
As part of the Platform, we may collect, use, transfer, disclose or process your Personal Data in accordance with our Privacy Policy. Please read the Privacy Policy carefully before registering and using the Website and Platform. You consent to the collection, use, and disclosure of your personal information in accordance with these Terms and our Privacy Policy, including, but not limited to, disclosure to third parties for the purpose of conducting check-related transactions and services.
You further agree to provide true, accurate, current, and complete Personal Information and to promptly update Personal Information to keep it true, accurate, current, and complete at all times during the term of this Agreement.
The User must inform WANYA immediately of all changes, including but not limited to changes to Personal Information in connection with the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Account and refuse any and all current or future use of the Platform and the Site by you, as well as to subject him to civil liability or refer him to the corresponding police authorities for criminal prosecution. We will not be liable to make any compensation, monetary or otherwise, after any such suspension, termination, or inability for you to use the Platform or the Site. You shall comply with any reasonable requests by us for information, documents and agreements relating to any transaction or your use of the Platform. WANYA may report such information to regulatory authorities in accordance with its Privacy Policy.
Users should be aware that WANYA may collect information about their device using tracking technologies such as: or other device identification information. You consent to the use of tracking technologies and acknowledge that the information we obtain (including personal data) may be consistent with public or nonpublic information to which we or third parties have access.
You also consent to this information being shared with our service providers and third parties for the purpose of providing and maintaining tracking technologies and related services. We may also collect precise geolocation data from or about your device, represented by latitude and longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation, etc.
There is no charge for downloading the Application and registering as a User, however, WANYA may charge a commission for each operation or transaction, or for each deposit or withdrawal of fiat money or Crypto Assets, all at WANYA's sole discretion. The percentage of the commission charged by WANYA will always be informed to the User on the Platform at the time of making the transaction.
The Platform charges a fee for transferring Digital Assets from your Account. If you believe that you have been wrongly charged any fees, you must notify the Platform immediately of such error, along with any additional information relating to the transaction. If you do not ask questions or objections within thirty (30) days after such alleged erroneous Transaction Fee first appears on any statement, such fee will be deemed acceptable to you for all purposes.
In the event of deletion of the User's account, termination for any reason or denial of entry to the Platform, the Terms and Conditions regarding Intellectual Property, Liability, Integrity of the Terms and Conditions, Applicable Law and Jurisdiction, will survive for a period of one (1) year from the last access to the Platform.
The Meteor Company S.A.C. strictly complies with current regulations on the prevention of money laundering and terrorist financing, in accordance with the provisions of SBS Resolution No. 02648-2024. In compliance with such regulations, WANYA is obliged to identify, verify and monitor all user transactions to detect possible suspicious AML/CFT-related activities. WANYA may report such transactions to the Financial Intelligence Unit of Peru (UIF-Peru), without prior notice to the user and without this generating any liability for WANYA.
Compliance Officer: WANYA has a Compliance Officer designated in accordance with the regulations of the Superintendence of Banking, Insurance and AFPs (SBS), in charge of implementing and managing the System for the Prevention of Money Laundering and Financing of Terrorism. This officer is responsible for evaluating, monitoring and reporting suspicious transactions to the corresponding authorities, in accordance with current regulations.
Suspicious Transaction Report (STR): WANYA is obliged to report any Suspicious Transaction (STR) to the UIF-Peru. Any attempt by users to carry out operations that generate suspicions of money laundering or terrorist financing will be sufficient reason for WANYA to temporarily freeze the funds involved and immediately notify the relevant authorities.
Confidentiality of Reports to the UIF-Peru: Information related to transactions reported to the UIF-Peru on suspicion of money laundering or terrorist financing will be treated with strict confidentiality. The User acknowledges and accepts that WANYA is not obliged to inform him/her about the reporting of such operations, in accordance with the regulations of the SBS and the directives of the UIF-Peru.
Asset Freeze: In the event that WANYA detects assets related to individuals or entities designated by the United Nations Security Council (UNSC), it will immediately proceed to freeze such assets and notify the UIF-Peru. This action does not generate a right to compensation for the User.
Identity Verification (KYC): All WANYA users must comply with the identity verification (KYC) procedure. This includes the provision of valid personal identification documents and any other information that WANYA deems necessary to comply with its AML/CFT prevention obligations. Users who fail to complete this process or who provide incorrect information will be subject to suspension or closure of their accounts.
External Audit: WANYA will undergo periodic external audits to assess compliance with anti-money laundering and terrorist financing regulations. The results of such audits may be shared with the competent authorities if necessary.
WANYA may, at its sole discretion, suspend or terminate users for any reason without the express need for cause to the User.
The User will be suspended or terminated on the following grounds:
If you violate these terms and conditions or act in a manner inconsistent with the objectives of the Platform;
If the identity cannot be verified, provide false or incomplete data, have more than one account on WANYA,
If the User tries to enter an account that is not owned by them on the Platform, authorize the use of the account by third parties, and inconsistencies or inconsistencies are detected in their story;
If the User attempts to carry out illegal, fraudulent or malicious activities, infringes the intellectual property or functionality of the Platform, generates legal liability;
When requested by the competent authorities;
By application of any policy, law or regulation that obliges WANYA to do so, including, but not limited to, the eventual obligation to report certain operations.
The enumeration is merely illustrative, not exhaustive. In any case, the User will not be entitled to compensation under any circumstances. The User agrees that he/she will not be able to access his/her balance on the Platform while it is suspended. In the event that WANYA terminates your account, the refund will be issued manually to the bank account you own. The operating expenses in the event of suspension or cancellation of the account will be borne by the User.
The User may request the cancellation of their account at any time, however, WANYA reserves the right to suspend or delete accounts without prior notice in case of suspicion of activities related to money laundering or terrorist financing, according to the activity monitoring mechanisms established by current regulations.
After a period of considerable inactivity, WANYA reserves the right to deduct an inactivity fee, or administrative fees from the funds held by the User in his/her account. In the event of the User's death, or supervening incapacity, the heirs or legal representatives must submit the documentation requested by WANYA in order to have access to the funds in the account.
Until the required requirements to be able to return the funds are verified, the account will remain suspended. Once the required requirements have been completed, the funds will be withdrawn and the account will be closed definitively.
To do this, it is requested that you send an email to support@wanya.io in order to know the steps to follow.
The User will use the Platform only in accordance with these Terms, solely for his/her own Account or his/her internal business purposes. You will not sell, lease, or provide access to the Site or Platform to any third party, or act as a service bureau or use the Site or Platform on behalf of any third party.
You will not use the Site or Platform in any way, provide any information or content, or engage in any conduct in the use of the Site or Platform that:
A. Is illegal, illegal, or unauthorized;
B. It is defamatory of any other person;
C. Is obscene, sexually explicit, or offensive;
D. Advertises or promotes any other product or business;
E. Is likely to harass, annoy, embarrass, alarm, or annoy any other person;
F. It is likely to disrupt the Platform in some way; or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
G. Infringes any copyright, trademark, trade secret, or other proprietary right of any other person;
H. Restrict or inhibit any other person from using the Platform, including, without limitation, by "hacking" or defacing any portion of the Platform;
I. Disables, damages, or alters the operation or appearance of the Platform;
J. "Frames" or "mirrors" any part of the Platform without our prior written permission;
K. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," "scrape," "harvest," or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
L. Collects or collects information about other Users without their express consent;
M. Send unsolicited or unauthorized advertisements, spam, or chain letters to other Users of the Platform;
N. Except as permitted in writing by the Company, open multiple accounts except as explicitly permitted by the Platform;
O. Conduct frequent and intensive trades with or without trading software or tools that are not authorized by the Platform;
P. Transmit any content that contains software viruses, or other harmful computer code, files, or programs; or
Q. Advocates, promotes, or aids any violence or any illegal act.
The User understands and agrees that the information and services provided by the Platform are not provided to, and may not be used by, any person or institution in any jurisdiction where the provision or use thereof would be contrary to any applicable law, or where we are not authorized to provide such Platform or information and services.
The Platform and the Site, including all content (including Third-Party Content), features, and any related services are provided on an "as is" and "as available" basis at the User's sole risk and without any representations or warranties. We do not guarantee that all or part of the Platform or the Application will be available or accessible by the User at all times.
The use of the Platform, due to the download, installation or use of the Site and the associated benchmarks with third parties (e.g. distribution platform providers, network providers, device manufacturers) involves risks, in particular:
A. Disclosure of your personal information or other information and the existence of your relationship with the Third-Party Service Provider to third parties;
B. System outages, security-related restrictions, and unauthorized removal of usage restrictions on the end device, and other disturbances that may make use impossible; and
C. Misuse due to manipulation by malware or unauthorized use, including in the event that the User's device used to access the Site or Platform is lost or stolen.
Accordingly, we do not warrant the operation and functioning of the Application on end devices that have been modified in this way or on older end devices that no longer meet the technical requirements for use of the Site or access to the Platform. ALL WARRANTIES, CONDITIONS, OR TERMS (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, OR UNINTERRUPTED, ERROR-FREE ACCESS ARE EXPRESSLY EXCLUDED FOR THE SITE AND PLATFORM. No representation or warranty, express or implied, can be given as to the accuracy or completeness of the information provided on the Platform.
Each User acknowledges and accepts the risks that may arise from Internet transactions conducted through open systems accessible to any person and acknowledges that despite data encryption, the connection from the User's personal computer or electronic mobile device to the Platform via the Internet may be observable. We may also use servers and other computer hardware located in any jurisdiction in the world for the provision of any part of the Platform.
WANYA shall have no legal liability for loss or damage caused by transmission errors, technical failures, breakdowns, business interruptions or illegal interventions in transmission networks, IT/computer systems of the User or any third party (including systems in the public domain).
These Terms and Conditions shall be governed by the applicable laws of the Republic of Peru. Any dispute arising from the Terms and Conditions, their existence, validity, interpretation, scope or compliance shall be submitted to the jurisdiction of the courts and judges of Lima - Peru.
The User understands and agrees that the information and services provided by the Platform are not provided, and may not be used by, any person or institution in any jurisdiction where the provision or use thereof would be contrary to any applicable law, or where we are not authorized to provide such Platform or information and services.
We do not offer services or products to Users in some excluded jurisdictions, including Democratic Republic of Korea, Mainland China, Barbados, Venezuela, Cuba, Somalia, Zimbabwe, Susan, Nicaragua, Libya, Lebanon, Central African Republic, Afghanistan, Belarus, Bulgaria, Burkina Faso, Cameroon, Croatia, Democratic Republic of the Congo, Gibraltar, Haiti, Jamaica, Mali, Mozambique, Nigeria, Philippines, Senegal, South Africa, South Sudan, Syria, Tanzania, Turkey, Uganda, United Arab Emirates, Vietnam and Yemen. or any other jurisdiction in which we may determine from time to time to terminate the Services in our sole discretion.
You must inform us immediately if you become a resident in any of the Excluded Jurisdictions or if you become aware of any Clients based in any of the Excluded Jurisdictions. You understand and acknowledge that if it is determined that you have given false representations of your location or place of residence, WANYA reserves the right to take appropriate action with compliance with local jurisdiction, including terminating any Account immediately and liquidating any open positions.
In accordance with the provisions of the Consumer Protection and Defense Code, Law No. 29571, WANYA has a virtual Complaints Book in which the User and/or Visitor may make a complaint or claim regarding the Services we offer.
If the User and/or Visitor has any doubts, claims, comments or suggestions regarding these Terms and Conditions, their rights and obligations arising from them and/or the use of the platform, we ask you to contact us through our email: support@wanya.io
WANYA has two channels to provide users with the best possible service and ensure personalized attention:
A. Chat Bot: Users can contact us through our automated service system with Artificial Intelligence, where we manage all queries in an organized way to ensure a quick response.
B. Email: Users can write directly to us at suport@wanya.io email where we will be available to answer questions or requests.
Users must not use the means of user service for abusive, defamatory, dishonest or obscene messages, or messages intended to manipulate a market or spread false or misleading information or messages that otherwise contravene applicable laws, as doing so may result in termination of the chat service session and may result in restrictions on the availability of WANYA's services to you.
Likewise, users are prohibited from divulging any communication, whether by email, phone call, whatsapp, telegram, or any similar means, in which support is provided by a WANYA employee. The name and surname, email, telephone number, address or any other personal data of a WANYA employee is confidential and its disclosure by any means is strictly prohibited, and its non-compliance will be cause for deletion of the users' account.
Companies that wish to operate on the platform must provide documentation that proves their legal existence, such as their Single Taxpayer Registry (RUC) and the incorporation certificate. In addition, they must comply with KYC (Know Your Customer) procedures that include the identification of their legal representatives and shareholders with a stake of more than 10%. Failure to verify identity will result in denial of access to the platform.
In the event of a hard fork on the blockchain network of any of the virtual assets supported by the platform, WANYA reserves the right to decide whether or not to support the new cryptocurrency resulting from the hard fork. Any decisions will be communicated in advance to users, and users' positions and funds related to the affected asset could be temporarily frozen during the process of adapting to the new protocol.
Since transactions with virtual assets are irreversible, WANYA does not offer refunds on cryptocurrency purchases once the transaction has been confirmed on the blockchain. However, in the event of operational errors attributable to the platform, cases will be reviewed on an individual basis and it will be determined whether any compensation is due. The deadline to initiate a claim will be 7 business days from the date of the transaction.
To access the WANYA platform, users must have devices compatible with the application, an updated browser and a stable internet connection. It is recommended to have security measures such as two-factor authentication (2FA) and antivirus protection to ensure account security. WANYA is not responsible for user operational problems arising from lack of hardware or software compatibility.
WANYA reserves the right to sanction users who violate the terms of use, make fraudulent transactions, attempt to carry out scams or engage in other prohibited conduct. Penalties may include warnings, temporary account suspension, freezing of funds, or permanent removal of the account, depending on the severity of the violation. In addition, WANYA reserves the right to notify regulatory authorities of suspicious or fraudulent activity.
Users who participate in contracts for difference (CFDs) or margin trading must accept that these are high-risk trades, with the possibility of losing more than the invested capital. Initial margin and maintenance requirements will be implemented, and in the event of a default, the platform has the right to liquidate positions automatically. Users agree that they cannot claim against WANYA for losses caused by the liquidation of positions due to lack of margin.
Users who wish to purchase and use prepaid cards through the WANYA platform will need to comply with all identity verification (KYC) requirements. Prepaid cards can only be topped up with funds from verified digital asset or fiat currency accounts. WANYA is not responsible for the loss, theft or fraudulent use of the cards, and it is the responsibility of the user to report any incident immediately.
In spot market operations, users agree that transactions are immediate and cannot be reversed. The price of digital assets can vary significantly, and it is the user's responsibility to monitor the price before confirming the transaction.
In the P2P system, users act at their own risk. WANYA facilitates the platform, but does not interfere in negotiations between parties. In the event of disputes, evidence supporting the claims must be submitted. WANYA reserves the right to temporarily suspend accounts involved in disputes until they are resolved.
WANYA is committed to complying with international regulations related to the prevention of money laundering, terrorist financing and economic sanctions. This includes the obligation to verify that no user or entity accessing the platform is included in the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) Office of the Foreign Assets Control (OFAC) List, or any other sanctions list issued by international or local authorities.
Users who are included on the OFAC List or similar international sanctions lists will not be able to open accounts or transact on the WANYA platform. In addition, if a user is subsequently identified as part of the OFAC List or any other sanctions list of regulatory bodies (national or international), WANYA will proceed as follows:
A. Asset Freeze: The user's funds will be frozen immediately, and they will not be able to access or transact until the situation is clarified and the corresponding investigations are resolved.
B. Notification to Authorities: WANYA will inform the competent authorities, such as the Financial Intelligence Unit of Peru (UIF-Peru) and other compliance bodies, in accordance with current regulations. This action will be carried out without prior notification to the affected user.
C. Account Closure: WANYA reserves the right to permanently close the user's account and withhold assets if investigations determine that the user violated the international sanctions imposed.
D. WANYA implements identity verification and due diligence (KYC) processes for all users, both natural and legal persons, using international databases that include the OFAC List and other sanctions lists. Users are required to notify WANYA if, at any time, they become sanctioned or restricted persons or entities under any national or international legislation.
E. In the event that suspicious activity is detected or WANYA receives an official notification, the account will be suspended and funds frozen until the nature of the transactions is determined.
F. WANYA is not responsible for any loss or inconvenience arising from the implementation of these compliance measures. Users accept and understand that non-compliance with the aforementioned regulations may result in severe sanctions, both by WANYA and the corresponding authorities.
Users of WANYA's platform can enable the option to purchase virtual assets recurringly, which allows for the automatic acquisition of cryptocurrencies at regular intervals (daily, weekly, monthly) using funds deposited into their account. Users are responsible for ensuring that their account has sufficient funds to execute these transactions. WANYA will not be liable for failure to execute a recurring purchase in the event of insufficient funds or fluctuation in the value of the digital asset. Recurring purchases can be canceled at any time, but changes can take up to 24 hours to process.
WANYA and its employees are committed to acting in the best interests of users and to avoid any conflict of interest that may compromise the impartiality of the platform. WANYA's employees and collaborators may not use privileged information obtained through their position for personal benefit or that of third parties. Any user who is an employee, contractor or has a link with the administration of WANYA must report any conflict of interest situation before participating in operations within the platform.
WANYA's platform is designed to operate with 99% availability of the time, excluding scheduled maintenance times. In the event of unforeseen interruptions, WANYA undertakes to restore service as soon as possible. Users understand that the nature of transactions with virtual assets and blockchain networks may result in delays beyond WANYA's control, such as network congestion or extended confirmation times. In such cases, WANYA is not liable for losses incurred due to the temporary inability to access the platform or carry out transactions.
Users who wish to report suspicious activity, fraud, or any irregularity on the WANYA platform can do so through our in-app reporting system or via email to support@wanya.io. WANYA is committed to investigating all reports confidentially and taking appropriate action, including temporarily suspending suspicious accounts. Reports involving criminal activity will be shared with the relevant authorities as required by anti-money laundering and terrorist financing regulations.
WANYA will fully cooperate with judicial, tax and regulatory authorities in the event of investigations into suspicious activity on the platform. This includes providing the necessary information related to user accounts, transactions and any other data requested by the authorities, in compliance with the laws of the Republic of Peru and international regulations. Users understand and agree that WANYA may be required to provide such information without prior notice to the user, and that this action shall not give rise to any right to claim or compensation."
Any doubts, queries or comments about the Platform, the Services offered and/or the Terms and Conditions, should be communicated to WANYA at the following address: support@wanya.io