Prohibited Uses, Prohibited Businesses, and Conditional Uses

According to the User Agreement announced by Bitkub Online Co., Ltd. (the “Company”), the Company hereby announces the details of prohibited use, prohibited businesses and conditional uses pursuant to Clause 19 of the User Agreement (collectively so-called “Prohibited Uses”) as follows:

Prohibited Use

The User shall not use the User’ account to engage in the following categories of activities (“Prohibited Use”). The specific type of uses listed below are representative, but not exhaustive. By opening the User’s account, the User affirms that the User shall not use the User’s account to do any of the following activities:

• Unlawful Activities: Any activities which may violate, considered to be violated, or assist in the violation of any laws, statutes, ordinances or regulations as enforced in Thailand or any jurisdictions where the Company operates business, or any activities which would involve proceeding of any unlawful activities, or activities relating to the advertisement, distribution or publication of any unlawful materials or information;
• Abusive Activities: Actions which impose an unreasonable or disproportionately large load on the Company's infrastructure, or detrimentally interfere with intercept, or expropriate any system, data, or information; transmission or transfer any materials on the Company's website that may contain viruses, trojan horses, worms, or any other harmful or deleterious programs; attempting to gain unauthorized access to other sites, the User's account, computer systems or networks connected to the  Company's service platforms, through password mining or any other means; use of account information of another person to access or use the Company's service platforms, or transfer the User's account access or rights to the User's account to a third party, except for actions taken in accordance with the applicable laws or the Company’s express permission;
• Abuse Other Users: Interfering in another person's or entity's access to use of the Company’s services; defame, abuse, extortion, harassment, stalking, threat or otherwise violation or infringment of the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incitement, threat, facilitation, supporting or encouraging hatred, racial intolerance, or violent acts against others; harvest or otherwise a collection of information about others from the Company's service platforms, such as email addresses without proper consent;
• Fraud: any activities which operate to defraud the Company, the other Users using the Company's service platforms, or any other person; providing any false, inaccurate, or misleading information to the Company;
• Gambling: Lotteries; bidding fee auctions; sport forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance; and
• Intellectual Property Infringement: Actions relating to transactions that infringe or violate any copyright, trademark, right of publicity or privacy or confidentiality or any other proprietary right under any applicable laws, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rightful holder; use of the Company’s intellectual properties, such as name or logo, including use of the Company’s trade or service marks, without express written consent from the Company; any actions that may be misrepresented as obtaining consent from the Company.

Prohibited Businesses

In addition to the aforementioned Prohibited Uses, the User shall not engage in any of the following businesses, activities, practices or items from using the Company’s services (“Prohibited Businesses”) by opening an account;

• Investment and Credit Services: Securities brokers; mortgage consultants or debt reduction services; credit or repairing credit consultants; real estate opportunities or investment schemes consultants;
• Restricted Financial Services: Cash cheque, bail bonds, collection agencies;
• Intellectual Property or Proprietary Right Infringement: Sales, distribution, or access to music, movies, software, or other licensed materials without the appropriate authorization from the rightful holder;
• Counterfeit or Unauthorised Goods: Unauthorised sale or resale of brand name products or designers’ products or services; sale of goods or services that are illegally imported or exported or which are stolen;
• Regulated Products and Services: Sales and Operating business involving marijuana; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials;
• Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs;
• Pseudo-Pharmaceuticals: Pharmaceuticals and other products that cause health issues and have not been approved or verified by the applicable local and/or national and/or international regulatory bodies;
• Substances affecting the same as Illegal Drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom);
• Adult Content and Services: Pornography and other obscene materials (including publication, image, and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per-view, and adult live chat features;
• Multi-Level Marketing: Pyramid schemes, network marketing, and referral marketing programs;
• Unfair, Predatory, or Deceptive Practices: Investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or with added value; any other cases that the Company considers, at its sole discretion, that are unfair or deceptive practices, or elimination of competitors, which affect to consumers; and
• High-Risk Businesses: any businesses that the Company believes that causes higher financial risk, legal liability, or violation of bank policies.

Conditional Uses

The Users must receive express written consent from the Company before the User can use the Company’s service for the following categories of businesses, activities and/or practices (“Conditional Uses”). The User may request such consent by contacting the Company at www.bitkub.com/contact or other channels deginated by the Company. In this regard, the Company may require the User to agree to additional conditions, to make additional representations and warranties, or to use with restrictions:

• Money Services: Money transfer, both currency and digital currency; currency, digital currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency if the seller does not provide services in a virtual world, or acts as a payment intermediary or an intermediary to supply, or takes any actions which are reselling any of the Company’s services;
• Charities: Acceptance of donations for nonprofit enterprises;
• Games of Skill: Games that are not defined as gambling under the User Agreement or applicable laws, but require an entry fee and award a prize;
• Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization; and
• Pyramid Schemes, Ponzi Schemes, Cash Gifting Businesses, Loan Businesses, and Financial Games:

            1) The User warranties that the User and the User’s account are not and shall not be used for any illegal investment, such as pyramid schemes, Ponzi schemes, cash gifting businesses, loan businesses, and financial games.

            2) In case where the User violates the warranties provided to the Company as the Company has detected any User’s transaction involving the business, activities and/or practices pursuant to this clause, the Company reserves the right, in its sole discretion, to suspend such suspicious transaction in order to conduct investigation and report findings to the relevant government authorities. the User agrees and consents to not claim for any damages. 

The aforementioned Prohibited Uses, Prohibited Use, Prohibited Businesses, and Conditional Uses are examples. To ensure whether the User’s use of services may be associated with Prohibited Uses, Prohibited Businesses, and Conditional Uses, or if there are any questions regarding how these terms apply to the User, the User may contact the Company at www.bitkub.com/contact or other designated channels. In the event that there are any further changes, amendments, additions, or termination, the Company reserves the right not to notify such changes in advance, however, to further announce through the Company's Service Platform.