The content, materials, and services provided by Apex Bitcoin (“Apex,” “we,” “us,” “our”) are intended solely for general educational and informational purposes. By accessing our website or any Apex educational content, you acknowledge that you have read, understood, and agree to this Disclaimer in its entirety.

No FSP Registration Required

Custodial Service Defined
Under the Financial Markets Conduct Act 2013 (FMC Act 2013), a “client money or property service” is any service of “receiving, holding, transferring or otherwise dealing with client money or client property on behalf of clients” (FMC Act 2013, s 431W(1)–(2)).

Registration Trigger
The Financial Service Providers (Registration) Regulations 2020, reg 3(1)(ab) requires registration on the Financial Service Providers Register (FSPR) for anyone providing a regulated client money or property service, including custody.

Why Apex Is Exempt

• We employ a true threshold-sharing model: no single party (including Apex) can reconstruct or use a client’s private key alone.
• Because Apex’s software never holds a complete key-share and cannot independently decrypt or sign transactions, we do not “hold or deal with client property” as defined under the FMC Act 2013.
• Accordingly, Apex does not provide a regulated custody service and is not required to register on the FSPR.

No AML/CFT Reporting or KYC Obligations

Reporting-Entity Definition
Under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act), “reporting entities” are those carrying on designated services—such as custodial services of client assets—listed in s 5 and Schedule 1.

Designation Hinge
A custodial service is caught if the provider can “hold or control” client property.

Why Apex Is Exempt

• Apex’s collaborative-custody software cannot, on its own, decrypt or sign Bitcoin transactions.
• We do not take possession of, control, or have unilateral authority over any client funds or digital assets.
• Therefore, Apex does not carry on a custodial service for AML/CFT purposes and is not a reporting entity.
• As a result, the AML/CFT Act’s KYC, transaction-monitoring, suspicious-activity reporting, and record-keeping obligations do not apply to us.

No Financial Advice Provider (FAP) Licence Needed

Regulated Advice Defined
The FMC Act 2013 (as amended by the Financial Services Legislation Amendment Act 2019) defines “regulated financial advice” in Part 2, Subpart 2. Anyone giving personalised or suitability-based recommendations about financial products must hold a Financial Advice Provider (FAP) licence.

Why Apex Is Exempt

• Apex solely provides software and educational resources on self-custody best practices.
• We do not give bespoke recommendations on buying, selling, or holding financial products.
• Therefore, we do not provide a financial advice service and do not require a FAP licence.

No Other FMA Licences Apply

Under Parts 3–15 of the FMC Act 2013, a variety of licences and registrations are required for activities such as:

• Manager or trustee of a registered managed investment scheme
• Discretionary Investment Management Service (DIMS) provider
• Derivatives issuer
• Prescribed intermediary (crowdfunding or peer-to-peer lending)
• Operator of a financial product market
• Supervisor of an FMC offer
• Administrator of a financial benchmark

Why Apex Is Exempt

• We do not pool client funds, manage investment schemes, issue or advise on financial products, or operate trading markets.
• Apex’s role is limited to providing software tools and education; we never hold, collectivise, or invest client assets on their behalf.
• None of the above licensing regimes are triggered by our activities.

No Investment, Tax or Legal Advice

• General Information Only: All content (articles, guides, webinars, checklists) is provided “as is” and without guarantee of completeness or accuracy.
• Consult a Professional: Prior to making any investment, tax, legal, or other financial decisions, seek advice from a qualified, licensed professional.

Risk Disclosure

• Volatility: Bitcoin and other cryptocurrencies are subject to rapid price fluctuations and emerging regulatory changes.
• Potential for Loss: You should be prepared to incur a total loss of any funds allocated to cryptocurrencies. Past performance is not indicative of future results.

No Warranties; “As Is”

• Disclaimer of Warranties: To the fullest extent permitted by law, Apex disclaims all warranties—express or implied—including merchantability, fitness for a particular purpose, availability, security, or non-infringement.
• No Endorsement: References to products, services, or third parties do not constitute endorsement or recommendation.

Limitation of Liability

• Exclusion of Damages: Neither Apex nor its officers, employees, agents, or affiliates shall be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of our website, materials, or services.
• Aggregate Liability Cap: Where liability cannot be excluded under applicable law, our total aggregate liability shall not exceed NZD 100.

Third-Party Content & Links

• External Links: We may provide links to third-party websites. Apex does not control, monitor, or endorse their content, accuracy, or security.
• Use at Your Own Risk: Visiting or interacting with third-party sites is at your own risk; Apex accepts no liability for those interactions.

Intellectual Property

• Ownership: All Apex content—including text, graphics, logos, and software—is our intellectual property or used under licence.
• Limited License: You may view, download, or print materials for your personal, non-commercial use only. Any other use requires our express written permission.

Amendments

We reserve the right to modify this Disclaimer at any time. Changes will be posted here with an updated “Last updated” date. Continued use of Apex content constitutes acceptance of any changes.

Contact Us
If you have questions about this Disclaimer or our services, please contact:
Privacy & Compliance Officer
Apex Bitcoin Limited
Email: contact@apex-bitcoin.com