Date of Amendment: 23 April 2026
This Terms of Service for ORBIX Services (“Agreement”) is a contract between you (“Customer” or “User”) and Orbix Trade Company Limited (the “Company”), a company incorporated under the laws of Thailand. You certify and agree that you have read, understood, and accepted all the terms and conditions of this Agreement. Therefore, you have executed this Agreement through the Company’s service platform.
You agree and accept this Agreement and acknowledge that you have read (1) the Company’s Privacy Notice Policy and (2) Policy on Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (“AML/CTPF”) (3) criteria, conditions, and procedure for buying and selling Digital Assets, and the settlement and delivery of Digital Assets (Trading, Clearing & Settlement Rules) and (4) conflicts of interest (if any). In addition, if you would like to learn more about the risks associated with investing in or trading Digital Assets, you can access the Company’s general risk notifications via the Risk Disclosure/Risk Warning (https://www.orbixtrade.com/en/about/disclosure-risk-warning)
1. Definition
“SEC” means the Securities and Exchange Commission.
“Cryptocurrency” means an electronic unit of data created on an electronic system or network with the intention of being used as a medium of exchange to obtain goods, services, or other rights, or to exchange between digital assets, and it also includes other electronic units of data as further defined by the SEC.
“Digital Assets” means Cryptocurrency and Digital Tokens, or any other digital assets as defined by the SEC.
“Digital Asset Exchange” means any center or network established for the buying and selling or exchanging of Digital Assets, by matching or finding counterparties, or by arranging or facilitating agreements or matching of contracts between those who wish to buy, sell, or exchange Digital Assets, in the regular course of business.
“Digital Asset Trading” means a transaction in which the User wishes to exchange between one type of Digital Asset and cash, and vice versa, through the Company’s Digital Asset Exchange.
“Digital Tokens” means an electronic unit of data created on an electronic system or network with the purpose of defining the rights of an individual to participate in an investment project or business, or defining the right to acquire specific goods, services, or other rights, as specified in the Agreement between the issuer and the token holders. It also includes other electronic units of data as further defined by the SEC, whereby the SEC has issued the notifications stating that Cryptocurrency issued for the purpose of raising funds from the public and defining the rights of individuals to participate in an investment project or business, or define the right to acquire specific goods, services, or other rights, are also considered as the Digital Tokens.
“Know Your Customer Process (KYC)” means the processes and procedures prior to establishing a business relationship or conducting transactions with the User, involving the identification and verification of identity, verification, and tracking of transaction movements of the User, for the purpose of complying with the laws on the Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (AML/CTPF).
“Force Majeure” means any event beyond the Company’s control that hinders the provision of services in accordance with the terms and conditions by causing malfunctions or data error including but not limited to natural disasters such as floods, storms, fire, earthquake, pandemics, war or terrorism or riots happened both domestically or internationally as well as the failure of the Company’s computer or communication system due to power outages or energy problems, actions of external parties, cyber-attacks, computer viruses, or harmful data. Those events are not caused by the Company’s failure in maintenance of its computer systems adequately to in line with the standards.
2. Account Registration
2.1. Qualifications of the User (Individual/Juristic Persons)
(1) A person who is eligible to use the Company’s services must be at least 20 years of age.
(2) If the User is an individual, such individual must reside in Thailand.
(3) A User must have a bank account opened in Thailand, and the name of such bank account must be identical to the name used to register for the services with the Company.
(4) A User must have a contactable telephone number in Thailand, and such number must be identical to the number used to register an account with the Company.
(5) A User must successfully complete identity verification in accordance with the Know Your Customer (KYC) process, which includes requiring the User to undergo an identification procedure as prescribed by the Company. For juristic person customers, verification must be completed in accordance with the Know Your Business (KYB) process.
(6) A User must provide accurate and complete his or her personal data as required by the Company, and, in the event of any change to the User’s information, the user must promptly notify the Company of such change to the personal information.
(7) A Users must accept and comply with all laws, rules, and regulations relating to the trading of Digital Assets in Thailand, including but not limited to, the Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (AML/CTPF) and tax laws.
(8) A User who is individual or organization from countries classified as high-risk countries by the Financial Action Task Force (FATF) must provide additional supporting documents in order to comply with anti-money laundering and counter-terrorist financing measures.
(9) A User who is individual or organization subject to compliance with the Foreign Account Tax Compliance Act (FATCA) must provide evidence of tax payment and their own compliance with FATCA.
(10) A User must not be a person whose name appears on any list prescribed under the law on the Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (AML/CTPF)., as announced by the Anti-Money Laundering Office, and/or any list announced by the Anti-Money Laundering Office pursuant to resolutions of the United Nations Security Council, and/or any person subject to financial sanctions.
(11) A User must agree and comply with the terms and conditions for the services as set out in this Agreement, including any amendments from time to time by the Company.
(12) A User must not be a person whom the internal risk management unit suspects or has reasonable grounds to suspect to be involved or associated with any unlawful acts, and/or a person whose name has been notified by any government authority, commercial bank, the Bank of Thailand, association, and/or any regulatory authority under applicable laws (including but not limited to the SEC, the Royal Thai Police, and the Anti-Money Laundering Office), whether in Thailand or abroad, as potentially being involved in any unlawful acts, and/or a person listed as being involved in corrupt financial transactions or online criminal activities.
2.2. Account registration
(1) A person who is eligible to use the Company’s services must be at least 20 years of age.
(2) In the case where a User is an individual, the User must reside in Thailand.
(3) A User must have a bank account opened in Thailand, and the name of such bank account must be identical to the name used to register an account with the Company.
(4) A User must have a contactable telephone number in Thailand, and such number must be identical to the number used to register an account with the Company.
(5) A User must complete identity verification through the system in accordance with the procedures and/or other measures as prescribed by the Company.
(6) A User must successfully complete identity verification in accordance with the Know Your Customer (KYC) process, which includes requiring the User to undergo an identification procedure as prescribed by the Company. For juristic person customers, verification must be completed in accordance with the Know Your Business (KYB) process.
(7) A User must provide accurate and complete personal data as required by the Company, and, in the event of any change to the User’s information, the User must promptly notify the Company of such change to the personal information.
(8) A User must agree and comply with all laws, rules, and regulations relating to Digital Asset trading in Thailand, which including but not limited to laws on Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (AML/CTPF), and tax laws.
(9) A User who is individual or organization from countries classified as high-risk countries by the Financial Action Task Force (FATF) must provide additional supporting documents in order to comply with anti-money laundering and counter-terrorist financing measures.
(10) A User who is individual or organization subject to compliance with the Foreign Account Tax Compliance Act (FATCA) must provide evidence of tax payment and their own compliance with FATCA.
(11) A User must accept and comply with the Company’s terms and conditions of service as set out in this Agreement, including any amendments thereto that the Company may amend from time to time.
(12) A User must complete a risk assessment and a knowledge test prior to accessing the system.
(13) A User may purchase Digital Assets subject to the amount of funds deposited with the Company. Upon submission of a purchase order, the cash amount shall be immediately deducted from the User’s account, regardless of whether such order is successfully matched. If the purchase order is unsuccessful or is cancelled, the cash amount shall be refunded to the system accordingly.
(14) A User shall be responsible for reporting and submitting accurate tax information to the relevant tax authorities.
(15) In the event that a User fails to successfully complete the Know Your Customer (KYC) process, the Company shall notify the reasons via an email address used by the User for registration in order for the User to improve or rectify the information. If the User fails to successfully complete the KYC process within 15 days, the Company shall cancel the account opening application and delete the User’s personal data from the Company’s database.
2.3. System Access
(1) In order to log in and access the Company’s service platform, the User must use an identification code and a password as tools for logging in and/or for using the services.
(2) A User must keep his/her identification codes and passwords secure and safe, preventing loss and maintaining their confidentiality. The User must not disclose or perform any actions that could reveal their identification codes and/or personal information. The User must not allow their identification codes and/or personal information to fall into the possession of any other person. The Company shall not be liable for any damage resulting from the loss or disclosure of such codes or any other reason in any respect. The User may change their passwords at any time according to the rules, conditions, and procedures set by the Company, without notifying the Company.
(3) In case where the User forget his/her password, the User can reset their PIN him/herself through facial recognition on the Company’s service platform. The User can follow the steps provided by the Company, or contact the Company for more information.
2.4. Account Security
(1) The User acknowledges and agrees that the services under this Agreement may be accessed through the Company’s service platform in accordance with the conditions prescribed by the Company, and that access to the services may be made through only one device at a time. If the services are accessed through more than one device simultaneously, the Company’s system shall allow only the most recently accessed device to remain in use.
(2) In the event that the Company found that the User’s mobile phone and/or mobile phone operating system used to access the Company’s service platform has been adjusted or modified, such as modification or alteration of the iPhone operating system (iOS) (commonly referred to as “Jailbreaking”) or modification or alteration of the Android operating system (commonly referred to as “Rooting”), the Company shall have the right to immediately suspend or terminate, in whole or in part, the provision of services on the Company’s service platform to the User without prior notice. This is for the security of the services, and the User hereby waives any and all rights to claim damages from the Company in any respect.
(3) In the event that the User’s mobile device is lost or stolen, or if the User suspects that the User’s account has been accessed without authorization, the User must immediately suspend his/her account or contact the Company through the official channels defined by the Company.
(4) In the event that the User inputs an incorrect password exceeding the limit specified by the Company, the account may be suspended. The User may reinstate their access to the account by complying with the recovery steps required by the Company.
(5) The User is able to voluntarily suspend their account at any time via the Company’s service platform. Such suspension shall become effective only when the Company has notified the User of the effect of this suspension through the official communication channels designated by the Company. The Company shall not be held accountable for any damage occurring prior to the effective completion of the suspension, unless such damages result from the Company’s own fault.
(6) The User hereby acknowledges and agrees that the Company reserves the right to suspend, terminate, and/or restrict the use of the User’s account, whether fully or partially including the imposition of transaction limits and service restrictions on the Company’s service platform—without prior notice, upon the occurrence of any of the following events:
In this regard, the User hereby agrees and acknowledges that the Company shall not be held liable for any damages, losses, or consequences arising from such actions. Furthermore, the User agrees to indemnify, defend, and hold the Company harmless from and against any and all liabilities, claims, legal actions, or demands that may arise because of the aforementioned proceedings.
(7) The User is allowed to access the Company’s services using only 1 mobile phone number per account. The User hereby affirms that they maintain lawful possession and the right to use the mobile phone number provided for registration and/or for the utilization of the Company’s services and related lawful offerings. Furthermore, the User provides their consent to their respective mobile network operator to disclose necessary information to the Company. Such data shall be used by the Company purposefully for identity verification during the registration process and/or for the use of the Company’s services and other associated services provided by the Company according to the Company’s procedures and criteria.
2.5. Accuracy of information, Amendment, and Review of Information
(1) The User acknowledges and agrees that the content appearing on the Company’s service platform may, at any time, contain errors, non-material inaccuracies, or information that is not up to date, and that the Company reserves the right to amend, modify, or cancel any content appearing on the Company’s service platform at any time. In this regard, the Company represents that the content appearing on the Company’s service platform is accurate, reliable, and appropriate only in material respects; however, the Company does not represent the completeness, timeliness, or accuracy of such content in non-material respects.
(2) The User acknowledges that any investment decision or any transaction made by the User is solely the User’s own decision. Prior to making any investment decision, the User should study relevant information or consult a professional advisor in the relevant field and should exercise due care and caution in considering and making any investment decision or entering into any transaction, for the benefit of the User.
(3) The User acknowledges and agrees that the Company reserves the right to amend, modify, or cancel any information, announcements, policies, terms, or content relating to the Company’s services or any material information appearing on the Company’s service platform, such as fees, criteria for the selection or delisting of Digital Assets, or material information relating to the Company or the Company’s service platform. The Company shall notify the User of such changes from time to time through the Company’s service platform or other Company’s designated communication channels.
3. Service of the Company
3.1. General Service Framework
The User may commence using the Company’s services after completing the registration and identity verification process for the User’s account and upon receiving approval for account opening. The User may use the Company’s services, including: (1) Digital Asset Exchange services; (2) Digital Asset brokerage services; or other services related to the foregoing, as well as any other services that the Company may provide in the future, including access to market overview information, news and communications, analyses and information published by the Company, participation in activities for the User organized by the Company, and other related services.
Rights of the Company
3.2. Service Usage Guidelines
Except as otherwise specified in Clause 2.4 (6), the Company shall have the right to suspend the use of services, terminate the User’s access to the services, and discontinue the provision of the Company’s services in the following circumstances:
(1) Prohibited Use of Services
(2) Restrictions on Access and Use
(3) Termination of Access to Services and Cancellation of Services
(i) The User notifies the Company of its intention to terminate the use of the services.
(ii) The Company determines that the User has committed a serious breach of the Company’s terms and conditions or has engaged in conduct contrary to laws on anti-money laundering (AMLO), laws of the SEC, or laws and regulations of the Bank of Thailand (BOT).
(iii) There is a legal order or a court judgment requiring the termination of the services.
4. Usage of the Digital Asset Wallet
4.1. The User acknowledges that the Company provides Digital Asset wallet services for the purpose of facilitating other related services of the Company. The Company shall create a supported Digital Asset wallet for the User after the User has successfully completed the identity verification process, and the Company has approved the User’s account for use. The User shall be responsible for keeping any information relating to the Digital Asset wallet strictly confidential. In the event that such information is leaked due to the User and results in damage to the User’s assets, the Company reserves the right to disclaim any and all liability in connection with such incident.
4.2. The User acknowledges that the Company permits each User to use only the User’s own account. The Company does not allow the account holder to permit any other person who is not the account holder to use the account.
4.3. The Company reserves the right to provide Digital Asset wallet services only for Digital Assets supported by the Company. In the event of any change to the list of such supported Digital Assets, the Company shall announce such changes to customers in advance through the Company’s service platform or other Company’s designated communication channels.
5. Risks of Digital Assets
The User acknowledges and understands the risks associated with Digital Assets, which are not backed by any institution and cannot be used for debt settlement in accordance with the law, as well as the risks associated with the trading and exchange of Digital Assets. Such risks include fluctuations in value and return from Digital Asset Trading, which may increase or decrease depending on the price level of the invested assets, asset liquidity, or overall investment conditions. In addition, there may be volatility arising from unforeseen events, which may result in the User not receiving a return of the invested amount or benefits equivalent to the invested amount, or may result in a total loss of their investment. Also, the User further acknowledges and accepts other risks that may arise. Therefore, the User must carefully consider and make decisions regarding Digital Asset Trading in a manner consistent with the level of expected returns and the level of risk acceptable to the User and shall be solely responsible for their own damage arising from such risks.
6. Trading or Exchanging of Digital Asset
After the User has successfully registered and opened an account to use the Company’s services, the User may commence submitting purchase orders or receiving the Company’s services in accordance with the provisions of this Agreement and the regulations governing the use of the Company’s system. Prior to submitting any purchase order, the User must deposit or transfer Digital Assets or Thai Baht into the User’s account in an amount sufficient for such purchase order, and prior to submitting any sell order, the User’s account must have a sufficient amount of Digital Assets for such sell order The Company reserves the right to reject any order submitted by the User in the event that the User has insufficient Digital Assets or Thai Baht for the submitted order.
Information Relating to Digital Asset Trading
The User may review information relating to Digital Assets, including information appearing in the order book, on the Company’s website prior to conducting any transaction, through the Company’s website or application, for the purpose of making decisions in placing buy or sell orders or exchanging Digital Assets. In this regard, the User may configure price movement notifications (price alerts) through the service channels available on the Company’s application to the contact channels designated by the User, when the price of a Digital Asset that the User is interested in and has set to monitor changes meets the conditions specified by the User. So that the notification will be sent to the User for use in making decisions to execute transactions at the desired price.
Digital Asset Exchange Services
The Company provides Digital Asset Exchange services whereby the User may place buy or sell orders for Digital Assets with other Users within the Company’s Digital Asset Exchange, in accordance with the mechanisms for the selection of Digital Assets to be offered for trading, order matching, clearing and settlement, as well as appropriate market surveillance mechanisms. In this regard, Digital Asset Exchange services shall be provided solely for the trading of Digital Assets in Thai Baht only.
The Company establishes the rules, conditions, and procedures governing the trading of digital assets, including clearing and settlement processes (Trading, Clearing & Settlement Rules). These rules apply to the placement of buy and sell orders and incorporate the following requirements:
(1) Minimum Trade Amount: The minimum total value of a digital asset is required to execute a single buy or sell order.
(2) Minimum Price Movement: The minimum incremental unit by which the price of a digital asset may be adjusted (increased or decreased) when placing a buy or sell order.
(3) Minimum Order Size: The minimum quantity or volume of a digital asset that a User may specify for each individual buy and/or sell order.
(4) Trading Status: The current operational state of a digital asset, indicating whether it is available for trading on the Company’s platform at any given time.
In this case, the specific details regarding quantity, price, or minimum value for each asset may vary depending on the type of Cryptocurrency or digital token. Users are encouraged to review the comprehensive details of the Trading, Clearing & Settlement Rules, along with any additional information disclosed on the Company’s official website or mobile application. For further inquiries, Users may contact the Company through its designated communication channels. The Company reserves the right, at its sole discretion, to amend or modify the Trading, Clearing & Settlement Rules at any time. Any such amendments or modifications shall be notified to the User through the Company’s official communication channels.
Transaction Execution
If the User’s order is matched with an order of another User, whether in whole or in part, the User’s account shall be updated to reflect that such order has been executed and closed, or that such order has been partially executed, as the case may be. Such order shall remain open until it has been fully matched or cancelled in accordance with the prescribed conditions, for transaction purposes. The User may review the User’s complete transactions, orders currently in progress, or cancelled orders through the User’s account on the Company’s website or application.
In this regard, the Company reserves the right to temporarily suspend, suspend, or cancel matched transactions, including any transfer, deposit, or withdrawal transactions, in cases where the Company considers that there is a risk of fraud, a risk of unlawful acts, or inappropriate order submissions that constitute or may constitute a violation of the Emergency Decree on Digital Asset Businesses. The User shall not be entitled to claim any damages or compensation arising from such actions of the Company. In cases where the Company considers that a transaction involves risk, the Company does not guarantee that such exchange transactions will be successfully completed through the Company’s website or application.
The calculation of transaction values between Digital Assets and Thai Baht, the Company calculated based on the following criteria:
Value of Thai Baht Deposits and Withdrawals All Thai Baht deposits and withdrawals for the purpose of trading or exchange through the Company’s system shall be conducted in Thai Baht only.
Value of Digital Asset Deposits and Withdrawals Each Digital Asset deposit or withdrawal transaction shall be recorded in the relevant Digital Asset denomination at the time such deposit or withdrawal transaction occurs on the system. Therefore, the Company shall convert the recorded Digital Asset denomination into Thai Baht using the reference exchange rate applied by commercial banks in transactions with customers, as announced by the Bank of Thailand, as of the last business day prior to the date on which such deposit or withdrawal transaction occurs.
Value of Digital Asset–Thai Baht Trading Transactions The calculation of the value of Digital Asset Trading transactions denominated in Thai Baht shall be based on the actual transaction value executed directly through the Company’s Digital Asset Exchange, without any further conversion using any additional exchange rate.
Digital Asset Trading Indicators and Warnings
The Company will display various trading marks, warnings, and comprehensive messages related to trading to inform investors of risks and provide necessary information. Detailed information regarding these indicators and warnings shall be published on the Company’s website and/or mobile application.
7. Safekeeping of Customer Assets
The Company shall securely safeguard the Customer’s assets and clearly segregate such assets from the Company’s own assets. The Customer’s deposits shall be held in accounts designated as “for Customers,” and the Customers’ Digital Assets shall be kept with Digital Asset custodians that meet internationally recognized standards.
7.1. The Company shall have its sole discretion and exclusive authority to manage and administer the distribution of Digital Assets to the User, or any airdrop (Airdrop), as determined by the Company. The User agrees not to assert any claims against the Company in connection with any decision of the Company relating to any Airdrop. In the event that the Company determines to conduct any Airdrop of Digital Assets, the Company shall announce the schedule and relevant information to the User through the Company’s service platform or other communication channels as prescribed by the Company.
7.2. Unless otherwise changed, the User acknowledges and agrees that the Company shall not pay and shall have no obligation to pay any interest or returns to the User as a result of the User maintaining Thai Baht in the Thai Baht wallet or maintaining Digital Assets in the Digital Asset wallet provided by the Company.
7.3. The Company shall send tax invoices and/or receipts to the User via the email address registered by the User.
7.4. The User acknowledges that the Company has no obligation to provide or deliver reports relating to the User’s Digital Assets. The User further acknowledges that the User may access and download reports relating to the User’s Digital Assets through the system on the Company’s service platform or through other channels as prescribed by the Company.
8. Cash and Digital Asset Deposits and Withdrawals
**8.1.**Digital Asset Deposits and Withdrawals
8.2. Thai Baht Deposits and Withdrawals
(1) Deposit transactions transferred from a bank account with a name that does not match the User’s account, or withdrawal transactions to a bank account with a name that does not match the User’s account;
(2) Deposit transactions made using a duplicated QR Code or with an amount inconsistent with the order;
(3) Deposit transactions made through channels not prescribed by the Company, such as e-wallet systems.
The Company reserves the right to reject such transactions and shall return the funds only to the bank account from which the transfer was made.
The User agrees to be solely responsible for and to pay all fees charged by the Company in connection with Thai Baht transactions in the Thai Baht wallet, including any fees relating to Thai Baht transactions charged by commercial banks.
The User acknowledges that the Company may amend, modify, or cancel the rules, procedures, terms, and conditions relating to Thai Baht deposits or withdrawals that do not comply with the applicable conditions. The Company shall notify the User from time to time through the Company’s service platform or other communication channels as prescribed by the Company.
8.3. Additional Terms and Conditions
(1) The User submits a Thai Baht or Digital Asset deposit or withdrawal order and the transaction is successfully completed, but the User receives Thai Baht or Digital Assets (as applicable) in excess of the amount to which the User is entitled from such transaction;
(2) The User submits a Digital Asset buy or sell order and the transaction is successfully completed, but any action relating to funds or Digital Assets (as applicable) is not completed in accordance with the User’s order, resulting in the User failing to settle payment or settling payment incompletely;
(3) The User uses any other service of the Company other than those specified in items (1) or (2) above, and such service has been successfully completed but the User receives funds, Digital Assets, or any other benefits (as applicable) in excess of the amount to which the User is entitled from such service, or any action relating to funds, Digital Assets, or other benefits in connection with such service is not completed, resulting in the User failing to settle payment or settling payment incompletely;
(4) Any case specified under Clause 2.4 (6);
(5) Any other case as may be determined by the Company.
(Hereinafter, any money, Digital Assets, or benefits received by the User in excess as described above shall be referred to as “Excess Assets”.)
The User acknowledges and agrees that the User has no rights whatsoever in Excess Assets, including but not limited to ownership rights, possessory rights, custody rights, and/or usage rights. The User shall promptly notify the Company of any Excess Assets, but in any event no later than 1 day from the date the User becomes aware of such Excess Assets and shall fully cooperate with and strictly comply with the Company’s instructions to enable the Company to successfully recover the Excess Assets.
In the event that the Company is unable to recover the Excess Assets because the User has sold, transferred, or moved such Excess Assets out of the User’s Thai Baht wallet or Digital Asset wallet, or due to any other reason preventing the Company from recovering the Excess Assets, the User acknowledges and agrees to comply with the Company’s instructions, including the following:
The User acknowledges and agrees that if the User neglects, ignores, or fails to comply with the foregoing obligations, such conduct shall be deemed evidence of fraudulent intent to infringe the Company’s rights. The Company shall have the sole right and discretion to terminate the provision of the Company’s service platform and to exercise any rights of claim and/or take any action as deemed appropriate by the Company, including initiating legal proceedings against the User immediately without prior notice.
The User acknowledges and agrees that the Company shall not be liable for any damage, loss, or impact arising from any action taken by the Company in exercising its rights as set out above.
9. Service Fees
The Company publishes the rates of Digital Asset trading fees and other service-related fees on the Company’s website and application, which the User may review at all times. In the event of any changes, the Company shall notify the User via the website, application, and the registered email address.
9.1. Collection of Fees and Service Charges
9.2. Changes to Fees and Service Charges
9.3. Operational Expenses
9.4. Payment of Fees and Expenses
10. Liability
10.1. Limitation of Liability of the Company
10.2. Limitation of Liability of the User
10.3. Additional Limitation of Liability
11. Reservation of Rights
The Company reserves the right to amend or modify the terms and conditions relating to the termination of this Agreement. The Company shall notify the User in advance within a reasonable period through the Company’s platform or other communication channels designated by the Company.
12. Termination of Agreement
12.1. The termination of the User’s service access may occur under the following circumstances:
12.2. Upon termination of access to the services, the User shall withdraw all Digital Tokens and fiat currency from the User’s account within the period prescribed by the Company.
12.3. Cancellation of Access to the Services
12.4. Effects of Temporary Suspension, Termination, and Cancellation of Access to the Services
13. Unclaimed Property
14. Residual Digital Assets
14.1. Residual Digital Assets refer to any Digital Assets that have been delisted from the Company’s services but remain in the User’s account and have exceeded the period specified by the Company for the User to withdraw such Digital Assets from the system, where the User has failed to do so.
14.2. The Company shall provide advance notice to the User through the Company’s communication channels, including the email registered by the User, to notify and remind the User to conduct transactions or withdraw the residual Digital Assets from the User’s account within the period specified by the Company from time to time.
14.3. If the User fails to comply with the Company’s notification within the specified period, the Company shall have the sole discretion to undertake any of the following actions:
14.4. The User acknowledges and agrees that any delisting or conversion of residual Digital Assets may affect the value and liquidity of such residual Digital Assets. The Company shall not be liable for any damages, losses, or expenses arising from such delisting, conversion, or any related actions. In the event of any future changes resulting in the relisting of such previously delisted Digital Assets, the Company shall not be responsible for any damages, losses, or expenses arising from any prior delisting, conversion, or related actions taken by the Company in respect of such residual Digital Assets.
15. Contact Channels and Complaint Handling
15.1. The Company has designated communication channels on its website through which the User may contact the Company via any channel convenient to the User. The Company shall use its best efforts to respond to the User if the User contacts the Company during the Company’s business hours. If the User contacts the Company outside business hours, the Company reserves the right to respond to the User on the next business day.
15.2. The Company has designated complaint submission channels as announced on the Company’s website. Any complainant must provide complete personal information and material facts to enable the Company to resolve the matter accurately and appropriately. The Company reserves the right to request additional information or supporting documents from the User. All such information and documents shall be kept confidential and shall not be disclosed to any unrelated parties. The processing of such information shall be in accordance with the Company’s privacy policy.
16. Arbitration for Dispute Resolution
16.1. In the event of any dispute, conflict, or claim between the User and the Company arising out of or in connection with the use of the Company’s service platform or relating to the terms and conditions of this Agreement, both parties agree to attempt to resolve such dispute through fair and good-faith negotiation or mediation.
16.2. If the dispute cannot be resolved through negotiation or mediation within 30 days from the date on which one party notifies the other party of the dispute, such dispute shall be referred to and finally resolved by arbitration in accordance with the provisions set out in this agreement.
**2) ** Arbitration Proceedings
(1) The arbitration proceedings shall be conducted in accordance with the rules and procedures of the selected arbitration institution, and the proceedings shall be conducted in the Thai language.
(2) The place of arbitration shall be Bangkok, Thailand, unless otherwise agreed in writing by both parties.
(3) The arbitral award shall be final and binding upon both parties and may be enforced in accordance with applicable law.
**3) ** **Costs of Arbitration **The costs of arbitration, including fees and related expenses, shall be allocated as determined by the arbitrator in the arbitral award, unless otherwise agreed in writing by both parties.
**4) ** **Enforcement of Award **The arbitral award may be submitted to a court of competent jurisdiction for enforcement in accordance with applicable law.
17. Miscellaneous Provisions
17.1. In the event that any provision of this Agreement is held to be void, invalid, or unenforceable under the law, the Company and the User agree that only such specific provision shall be deemed ineffective. All remaining provisions of this Agreement shall remain in full force and effect and continue to be binding upon the parties.
17.2. Any delay or omission by either party in exercising any right under the terms of this Agreement shall not be construed as a waiver of such right, nor shall it be deemed as consent to any breach of the Agreement by the other party.
17.3. The headings of the various sections of this Agreement are included for convenience of reference only and shall not be used by the parties to interpret, expand, or limit any of the provisions of this Agreement in any manner whatsoever.
Version: EA0200/2026
Version: EA0200/2026-EXC
Date of Amendment: 23 April 2026
This Terms of Service for ORBIX Digital Asset Brokerage Services (“Agreement”) is a contract between you (“Customer” or “User”) and Orbix Trade Company Limited (the “Company”), a company incorporated under the laws of Thailand. You certify and agree that you have read, understood, and accepted all the terms and conditions of this Agreement. Therefore, you have executed this Agreement through the Company’s service platform.
For the use of the Company’s Digital Asset brokerage services, the User is requested to read, review, and understand (1) the Company’s Privacy Notice Policy and (2) Policy on Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (“AML/CTPF”) (3) criteria, conditions, and procedure for buying and selling Digital Assets, and the settlement and delivery of Digital Assets (Trading, Clearing & Settlement Rules) and (4) conflicts of interest (if any). In addition, if you would like to learn more about the risks associated with investing in or trading Digital Assets, you can access the Company’s general risk notifications via the Risk Disclosure/Risk Warning (https://www.orbixtrade.com/en/about/disclosure-risk-warning)
1. Definition
“Cryptocurrency” means an electronic unit of data created on an electronic system or network with the intention of being used as a medium of exchange to obtain goods, services, or other rights, or to exchange between digital assets, and it also includes other electronic units of data as further defined by the SEC.
“Digital Assets” means Cryptocurrency and Digital Tokens, or any other digital assets as defined by the SEC.
“Digital Asset Broker” means a person who provides services or represents to the public that they are ready to provide brokerage or agency services for the buying, selling, or exchanging of Digital Assets to other persons as a regular course of business and receives fees or other compensation.
“Digital Asset Trading” means a transaction in which the User wishes to exchange between one type of Digital Asset and cash, and vice versa, through the Company’s Digital Asset Broker services.
“Digital Tokens” means an electronic unit of data created on an electronic system or network with the purpose of defining the rights of an individual to participate in an investment project or business, or defining the right to acquire specific goods, services, or other rights, as specified in the Agreement between the issuer and the token holders. It also includes other electronic units of data as further defined by the SEC, whereby the SEC has issued the notifications stating that Cryptocurrency issued for the purpose of raising funds from the public and defining the rights of individuals to participate in an investment project or business, or define the right to acquire specific goods, services, or other rights, are also considered as the Digital Tokens.
“Force Majeure” means any event beyond the Company’s control that hinders the provision of services in accordance with the terms and conditions causing malfunctions or data error including but not limited to natural disasters such as floods, storms, fire, earthquake, pandemics, war or terrorism or riots happened both domestically or internationally as well as the failure of the Company’s computer or communication system due to power outages or energy problems, actions of external parties, cyber attacks, computer viruses, or harmful data. Those events are not caused by the Company’s failure in maintenance of its computer systems adequately to in line with the standards.
“Know Your Customer Process (KYC)” means the processes and procedures prior to establishing a business relationship or conducting transactions with the User, involving the identification and verification of identity, verification, and tracking of transaction movements of the User, for the purpose of complying with the laws on the Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (AML/CTPF).
“SEC” means the Securities and Exchange Commission.
2. Account Registration
2.1. Qualifications of the User (individual/Juristic Persons)
(1) A person who is eligible to use the Company’s services must be at least 20 years of age.
(2) If the User is an individual, such individual must reside in Thailand.
(3) A User must have a bank account opened in Thailand, and the name of such bank account must be identical to the name used to register for the services with the Company.
(4) A User must have a contactable telephone number in Thailand, and such number must be identical to the number used to register an account with the Company.
(5) A User must successfully complete identity verification in accordance with the Know Your Customer (KYC) process, which includes requiring the User to undergo an identification procedure as prescribed by the Company. For juristic person customers, verification must be completed in accordance with the Know Your Business (KYB) process.
(6) A User must provide accurate and complete his or her personal data as required by the Company, and, in the event of any change to the User’s information, the User must promptly notify the Company of such change to the personal information.
(7) A User must accept and comply with all laws, rules, and regulations relating to the trading of Digital Assets in Thailand, including but not limited to the Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (AML/CTPF) , and tax laws.
(8) A User who is individual or organization from countries classified as high-risk countries by the Financial Action Task Force (FATF) must provide additional supporting documents in order to comply with anti-money laundering and counter-terrorist financing measures.
(9) A User who is individual or organization subject to compliance with the Foreign Account Tax Compliance Act (FATCA) must provide evidence of tax payment and their own compliance with FATCA.
(10) A User must not be a person whose name appears on any list prescribed under the law on the Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (AML/CTPF)., as announced by the Anti-Money Laundering Office, and/or any list announced by the Anti-Money Laundering Office pursuant to resolutions of the United Nations Security Council, and/or any person subject to financial sanctions.
(11) A User must agree and comply with the terms and conditions for the services as set out in this Agreement, including any amendments from time to time by the Company.
(12) A User must not be a person whom the internal risk management unit suspects or has reasonable grounds to suspect to be involved or associated with any unlawful acts, and/or a person whose name has been notified by any government authority, commercial bank, the Bank of Thailand, association, and/or any regulatory authority under applicable laws (including but not limited to the SEC, the Royal Thai Police, and the Anti-Money Laundering Office), whether in Thailand or abroad, as potentially being involved in any unlawful acts, and/or a person listed as being involved in corrupt financial transactions or online criminal activities.
2.2. Account registration
(1) A person who is eligible to use the Company’s services must be at least 20 years of age.
(2) In the case where a User is an individual, the User must reside in Thailand.
(3) A User must have a bank account opened in Thailand, and the name of such bank account must be identical to the name used to register an account with the Company.
(4) A User must have a contactable telephone number in Thailand, and such number must be identical to the number used to register an account with the Company.
(5) A User must complete identity verification through the system in accordance with the procedures and/or other measures as prescribed by the Company.
(6) A User must successfully complete identity verification in accordance with the Know Your Customer (KYC) process, which includes requiring the User to undergo an identification procedure as prescribed by the Company. For juristic person customers, verification must be completed in accordance with the Know Your Business (KYB) process.
(7) A User must provide accurate and complete personal data as required by the Company, and, in the event of any change to the User’s information, the User must promptly notify the Company of such change to the personal information.
(8) A User must agree and comply with all laws, rules, and regulations relating to Digital Asset trading in Thailand, which including but not limited to, laws on Anti-Money Laundering and Counter Terrorism and Proliferation of Weapons of Mass Destruction Financing (AML/CTPF), and tax laws.
(9) A User who is individual or organization from countries classified as high-risk countries by the Financial Action Task Force (FATF) must provide additional supporting documents in order to comply with anti-money laundering and counter-terrorist financing measures.
(10) A User who is individual or organization subject to compliance with the Foreign Account Tax Compliance Act (FATCA) must provide evidence of tax payment and their own compliance with FATCA.
(11) A User must accept and comply with the Company’s terms and conditions of service as set out in this Agreement, including any amendments thereto that the Company may amend from time to time.
(12) A User must complete a risk assessment and a knowledge test prior to accessing the system.
(13) A User may purchase Digital Assets subject to the amount of funds deposited with the Company. Upon submission of a purchase order, the cash amount shall be immediately deducted from the User’s account, regardless of whether such order is successfully matched. If the purchase order is unsuccessful or is cancelled, the cash amount shall be refunded to the system accordingly.
(14) A User shall be responsible for reporting and submitting accurate tax information to the relevant tax authorities.
(15) In the event that a User fails to successfully complete the Know Your Customer (KYC) process, the Company shall notify the reasons via an email address used by the User for registration in order for the User to improve or rectify the information. If the User fails to successfully complete the KYC process within 15 days, the Company shall cancel the account opening application and delete the User’s personal data from the Company’s database.
2.3. System Access
(1) In order to log in and access the Company’s service platform, the User must use an identification code and a password as tools for logging in and/or for using the services.
(2) A User must keep his/her identification codes and passwords secure and safe, preventing loss and maintaining their confidentiality. The Users must not disclose or perform any actions that could reveal their identification codes and/or personal information. The User must not allow their identification codes and/or personal information to fall into the possession of any other person. The company shall not be liable for any damage resulting from the loss or disclosure of such codes or any other reason in any respect. The User may change their passwords at any time according to the rules, conditions, and procedures set by the Company, without notifying the Company.
(3) In case where the User forget his/her password, they can reset their PIN him/herself through facial recognition on the Company’s service platform. The User can follow the steps provided by the Company or contact the Company for more information.
2.4. Account Security
(1) The User acknowledges and agrees that the services under this Agreement may be accessed through the Company’s service platform in accordance with the conditions prescribed by the Company, and that access to the services may be made through only one device at a time. If the services are accessed through more than one device simultaneously, the Company’s system shall allow only the most recently accessed device to remain in use.
(2) In the event that the Company found that the User’s mobile phone and/or mobile phone operating system used to access the Company’s service platform has been adjusted or modified, such as modification or alteration of the iPhone operating system (iOS) (commonly referred to as “Jailbreaking”) or modification or alteration of the Android operating system (commonly referred to as “Rooting”), the Company shall have the right to immediately suspend or terminate, in whole or in part, the provision of services on the Company’s service platform to the User without prior notice. This is for the security of the services, and the User hereby waives any and all rights to claim damages from the Company in any respect.
(3) In the event that the User’s mobile device is lost or stolen, or if the User suspects that the User’s account has been accessed without authorization, the User must immediately suspend their his/her account or contact the Company through the official channels defined by the Company.
(4) In the event that the User inputs an incorrect password exceeding the limit specified by the Company, the account may be suspended. The Users may reinstate their access to the account by complying with the recovery steps required by the Company.
(5) The User is able to voluntarily suspend their account at any time via the Company’s service platform. Such suspension shall become effective only when the Company has notified the User of the effect of this suspension through the official communication channels designated by the Company. The Company shall not be held accountable for any damage occurring prior to the effective completion of the suspension, unless such damages result from the Company’s own fault.
(6) The User hereby acknowledges and agrees that the Company reserves the right to suspend, terminate, and/or restrict the use of the User’s account, whether fully or partially including the imposition of transaction limits and service restrictions on the Company’s service platform—without prior notice, upon the occurrence of any of the following events:
In this regard, the User hereby agrees and acknowledges that the Company shall not be held liable for any damages, losses, or consequences arising from such actions. Furthermore, the User agrees to indemnify, defend, and hold the Company harmless from and against any and all liabilities, claims, legal actions, or demands that may arise because of the aforementioned proceedings.
(7) The User is allowed to access the Company’s services using only 1 mobile phone number per account. The User hereby affirms that they maintain lawful possession and the right to use the mobile phone number provided for registration and/or for the utilization of the Company’s services and related lawful offerings. Furthermore, the User provides their consent to their respective mobile network operator to disclose necessary information to the Company. Such data shall be used by the Company purposefully for identity verification during the registration process and/or for the use of the Company’s services and other associated services provided by the Company according to the Company’s procedures and criteria.
2.5. Accuracy of Information, Amendment, and Review of Information
(1) The User acknowledges and agrees that the content appearing on the Company’s service platform may, at any time, contain errors, non-material inaccuracies, or information that is not up to date, and that the Company reserves the right to amend, modify, or cancel any content appearing on the Company’s service platform at any time. In this regard, the Company represents that the content appearing on the Company’s service platform is accurate, reliable, and appropriate only in material respects; however, the Company does not represent the completeness, timeliness, or accuracy of such content in non-material respects.
(2) The User acknowledges that any investment decision or any transaction made by the User is solely the User’s own decision. Prior to making any investment decision, the User should study relevant information or consult a professional advisor in the relevant field, and should exercise due care and caution in considering and making any investment decision or entering into any transaction, for the benefit of the User.
(3) The User acknowledges and agrees that the Company reserves the right to amend, modify, or cancel any information, announcements, policies, terms, or content relating to the Company’s services or any material information appearing on the Company’s service platform, such as fees, criteria for the selection or delisting of Digital Assets, or material information relating to the Company or the Company’s service platform. The Company shall notify the User of such changes from time to time through the Company’s service platform or other Company’s designated communication channels.
3. Services of the Company
3.1. General Service Framework
The User may commence using the Company’s services after completing the registration and identity verification process for the User’s account and upon receiving approval for account opening. The User may use the Company’s services, including: (1) Digital Asset exchange services; (2) Digital Asset brokerage services; or other services related to the foregoing, as well as any other services that the Company may provide in the future, including access to market overview information, news and communications, analyses and information published by the Company, participation in activities for the User organized by the Company, and other related services.
Rights of the Company
3.2. Service Usage Guidelines
Except as otherwise specified in Clause 2.4 (6), the Company shall have the right to suspend the use of services, terminate the User’s access to the services, and discontinue the provision of the Company’s services in the following circumstances:
(1) Prohibited Use of Services
(2) Restrictions on Access and Use
(3) Termination of Access to Services and Cancellation of Services
(i) The User notifies the Company of its intention to terminate the use of the services;
(ii) The Company determines that the User has committed a serious breach of the Company’s terms and conditions, or has engaged in conduct contrary to laws on anti-money laundering (AMLO), laws of the SEC, or laws and regulations of the Bank of Thailand (BOT);
(iii) There is a legal order or a court judgment requiring the termination of the services.
4. Usage of the Digital Asset Broker
The User acknowledges that the Company provides digital asset brokerage services, enabling the User to place buy or sell orders through the Company as a broker. These orders are transmitted to the connected sourced exchanges under the best execution mechanism based on prevailing market conditions. Please note that these brokerage services are limited strictly to Digital Assets trading. The Company reserves the right to add, terminate, or change its connections with any sourced exchanges at its sole discretion and will notify the User upon the successful completion of such additions, terminations, or changes.
By utilizing these brokerage services, the User hereby agrees to appoint and authorize the Company to act as their legal digital asset broker and agent-in-fact. The Company is empowered to act on the User’s behalf in all forms of Digital Assets transactions, including but not limited to, receiving and/or executing instructions from the User or relevant authorized persons related to or otherwise linked to Digital Assets trading transactions.
Accordingly, the User agrees to the following:
4.1. Appointment of the Company to be the Digital Asset Broker
The User hereby agrees to appoint the Company as the broker for the purchase, sale, transfer, acceptance of transfer, and/or exercise of rights in all types of Digital Assets traded on various Digital Assets Exchange partnered with the Company, in such quantities and at such prices as specified by the User’s orders. This appointment includes the receipt, delivery, and custody of said Digital Assets.
The User shall be responsible for payment, and the Company reserves the right to claim all funds related to the purchase of Digital Assets, including fees, service charges, taxes, brokerage commissions, and any other expenses related to the trading and/or disposal of Digital Assets. Furthermore, the Company is authorized to receive proceeds from the sale of Digital Assets or any other rights arising therefrom, including the withholding and remittance of applicable taxes to the Revenue Department (if any).
4.2. Digital Asset Brokerage Trading Terms
Order Submission
Order Types
Delivery and Settlement
Trading Indicators and Warnings
Calculation of Transaction Value
5. Usage of the Digital Asset Wallet
5.1. The User well acknowledges that the Company provides Digital Asset wallet services for the purpose of facilitating other related services of the Company. The Company shall create a supported Digital Asset wallet for the User after the User has successfully completed the identity verification process, and the Company has approved the User’s account for use. The User shall be responsible for keeping any information relating to the Digital Asset wallet strictly confidential. In the event that such information is leaked due to the User and results in damage to the User’s assets, the Company reserves the right to disclaim any and all liability in connection with such incident.
5.2. The User acknowledges that the Company permits each User to use only the User’s own account. The Company does not allow the account holder to permit any other person who is not the account holder to use the account.
5.3. The Company reserves the right to provide Digital Asset wallet services only for Digital Assets supported by the Company. In the event of any change to the list of such supported Digital Assets, the Company shall announce such changes to customers in advance through the Company’s service platform or other Company’s designated communication channels.
6. Risks of Digital Assets
The User acknowledges and understands the risks associated with Digital Assets, which are not backed by any institution and cannot be used for debt settlement in accordance with the law, as well as the risks associated with the trading and exchange of Digital Assets. Such risks include fluctuations in value and return from Digital Asset Trading, which may increase or decrease depending on the price level of the invested assets, asset liquidity, or overall investment conditions. In addition, there may be volatility arising from unforeseen events, which may result in the User not receiving a return of the invested amount or benefits equivalent to the invested amount, or may result in a total loss of their investment. Also, the User further acknowledges and accepts other risks that may arise. Therefore, the User must carefully consider and make decisions regarding Digital Asset Trading in a manner consistent with the level of expected returns and the level of risk acceptable to the User and shall be solely responsible for their own damages arising from such risks.
7. Trading or Exchanging of Digital Asset
The Company shall securely safeguard the Customer’s assets and clearly segregate such assets from the Company’s own assets. The Customer’s deposits shall be held in accounts designated as “for Customers,” and the Customers’ Digital Assets shall be kept with Digital Asset custodians that meet internationally recognized standards.
8. Safekeeping of Customer Assets
The Company shall securely safeguard the Customer’s assets and clearly segregate such assets from the Company’s own assets. The Customer’s deposits shall be held in accounts designated as “for Customers,” and the Customers’ Digital Assets shall be kept with Digital Asset custodians that meet internationally recognized standards.
8.1. The Company shall have its sole discretion and exclusive authority to manage and administer the distribution of Digital Assets to the User, or any airdrop (Airdrop), as determined by the Company. The User agrees not to assert any claims against the Company in connection with any decision of the Company relating to any Airdrop. In the event that the Company determines to conduct any Airdrop of Digital Assets, the Company shall announce the schedule and relevant information to the User through the Company’s service platform or other communication channels as prescribed by the Company.
8.2. Unless otherwise changed, the User acknowledges and agrees that the Company shall not pay and shall have no obligation to pay any interest or returns to the User as a result of the User maintaining Thai Baht in the Thai Baht wallet or maintaining Digital Assets in the Digital Asset wallet provided by the Company.
8.3. The Company shall send tax invoices and/or receipts to the User via the email address registered by the User.
8.4. The User acknowledges that the Company has no obligation to provide or deliver reports relating to the User’s Digital Assets. The User further acknowledges that the User may access and download reports relating to the User’s Digital Assets through the system on the Company’s service platform or through other channels as prescribed by the Company.
9. Cash and Digital Asset Deposits and Withdrawals
9.1. Digital Asset Deposits and Withdrawals
(1) The User may deposit and withdraw Digital Assets supported by the Company through the Company’s service platform, provided that the User complies with the rules, terms, conditions, and procedures prescribed by the Company.
(2) The User shall be responsible for verifying the accuracy of all information relating to Digital Asset deposits and withdrawals prior to submitting any request through the Company’s service platform. In this regard, any submission of requests and any transactions conducted by the User shall be deemed final and irrevocable and may not be cancelled or amended, unless otherwise consented to by the Company.
(3) In the event that Digital Assets are deposited into the User’s account of the User, the Company shall verify and confirm the accuracy of such transaction prior to crediting the Digital Assets to the User’s account of the User.
(4) The User acknowledges and agrees that Digital Asset deposits and withdrawals may be subject to fees and expenses as prescribed by the Company, which shall be notified to the User through the Company’s service platform.
(5) The User shall be responsible for ensuring that Digital Asset deposits and withdrawals are conducted through the correct network and a network supported by the Company. In the event that Digital Assets are deposited or withdrawn through an incorrect or unsupported network, or involve Digital Assets not supported by the Company, the Company shall not be liable for any loss or damage arising from such actions.
(6) The User acknowledges and agrees that, in the event that Digital Assets are transferred through an incorrect or unsupported network, or Digital Assets not supported by the Company are transferred, the Company has the right to reject such deposit or withdrawal and shall not be liable for any loss or damage arising from such actions.
(7) In the event that the Company is required to provide assistance in recovering any assets arising from an incorrect transfer or errors on the part of the User, the User agrees that the Company has the right to charge fees and expenses for such recovery, as determined by the Company, and the Company shall notify the User of such fees and expenses in advance.
9.2. Thai Baht Deposits and Withdrawals
(1) The User may buy and sell Digital Assets supported by the Company through the Company’s service platform, provided that the User complies with the rules, terms, conditions, and procedures prescribed by the Company.
(2) The Company reserves the right to charge fees in connection with Thai Baht deposits and withdrawals conducted by the User within the scope of the Company’s services. In this regard, details of the applicable fee rates shall be disclosed to the User prior to the execution of such transactions.
(3) The Company reserves the right to amend or revise the fees applicable to Thai Baht deposit and withdrawal transactions as the Company deems appropriate. In the event of any amendment to such fees, the Company shall notify the User through public communication channels within a reasonable period prior to the effective date of such changes.
(4) The Company reserves the right to reject any Thai Baht deposit or withdrawal transactions that do not comply with the conditions applicable to Thai Baht deposit and withdrawal transactions, as follows:
The Company reserves the right to reject such transactions and shall return the funds only to the bank account from which the transfer was made.
The User agrees to be solely responsible for and to pay all fees charged by the Company in connection with Thai Baht transactions in the Thai Baht wallet, including any fees relating to Thai Baht transactions charged by commercial banks.
The User acknowledges that the Company may amend, modify, or cancel the rules, procedures, terms, and conditions relating to Thai Baht deposits or withdrawals that do not comply with the applicable conditions. The Company shall notify the User from time to time through the Company’s service platform or other communication channels as prescribed by the Company.
9.3. Additional Terms and Conditions
(1) The User agrees and acknowledges that the purchase, sale, deposit, and withdrawal of Digital Assets through the Company’s service platform shall be subject to the rules, terms, and conditions prescribed by the Company, including all applicable laws and regulations.
(2) The Company reserves the right, at its sole discretion, to amend, modify, or cancel the rules, terms, and conditions relating to the purchase, sale, deposit, and withdrawal of Digital Assets without prior notice to the User. Any such amendment, modification, or cancellation shall become effective once announced through the Company’s communication channels.
(3) The User acknowledges and agrees that the Company shall not be liable for any loss or damage arising from the purchase, sale, deposit, or withdrawal of Digital Assets through the Company’s service platform, except where such loss or damage results from the Company’s willful misconduct or gross negligence.
(4) The User acknowledges and agrees that the Company shall have the sole right and discretion to suspend and/or block any User’s account or any transaction, whether temporarily or permanently, and/or to take any action to deduct or recover money, Digital Assets, or any benefits received by the User in excess of the amount to which the User is entitled at any time without prior notice, if any of the following events occurs:
(Hereinafter, any money, Digital Assets, or benefits received by the User in excess as described above shall be referred to as “Excess Assets”.)
The User acknowledges and agrees that the User has no rights whatsoever in the Excess Assets, including but not limited to ownership rights, possessory rights, custody rights, and/or usage rights. The User shall promptly notify the Company of any Excess Assets, but in any event no later than 1 day from the date the User becomes aware of such Excess Assets and shall fully cooperate with and strictly comply with the Company’s instructions to enable the Company to successfully recover the Excess Assets.
In the event that the Company is unable to recover the Excess Assets because the User has sold, transferred, or moved such Excess Assets out of the User’s Thai Baht wallet or Digital Asset wallet, or due to any other reason preventing the Company from recovering the Excess Assets, the User acknowledges and agrees to comply with the Company’s instructions, including the following:
The User acknowledges and agrees that if the User neglects, ignores, or fails to comply with the foregoing obligations, such conduct shall be deemed evidence of fraudulent intent to infringe the Company’s rights. The Company shall have the sole right and discretion to terminate the provision of the Company’s service platform and to exercise any rights of claim and/or take any action as deemed appropriate by the Company, including initiating legal proceedings against the User immediately without prior notice.
The User acknowledges and agrees that the Company shall not be liable for any damage, loss, or impact arising from any action taken by the Company in exercising its rights as set out above.
10. Service Fees
The Company publishes the rates of Digital Asset trading fees and other service-related fees on the Company’s website and application, which the User may review at all times. In the event of any changes, the Company shall notify the User via the website, application, and the registered email address.
10.1. Collection of Fees and Service Charges
10.2. Changes to Fees and Service Charges
The Company reserves the right to change, amend, or cancel any fees and service charges at its sole discretion without prior notice to the User. Any such change, amendment, or cancellation shall become effective once announced through the Company’s communication channels.
10.3. Operational Expenses
10.4. Payment of Fees and Expenses
11. Liability
11.1. Limitation of Liability of the Company
11.2. Limitation of Liability of the User
11.3. Additional Limitation of Liability
12. Reservation of Rights
The Company reserves the right to amend or modify the terms and conditions relating to the termination of this Agreement. The Company shall notify the User in advance within a reasonable period through the Company’s platform or other communication channels designated by the Company.
13. Termination of Agreement
13.1. The termination of the User’s service access may occur under the following circumstances:
13.2. Upon termination of access to the services, the User shall withdraw all Digital Tokens and fiat currency from the User’s account within the period prescribed by the Company.
13.3. Cancellation of Access to the Services
13.4. Effects of Temporary Suspension, Termination, and Cancellation of Access to the Services
14. Unclaimed Property
15. Residual Digital Assets
15.1. Residual Digital Assets refer to any Digital Assets that have been delisted from the Company’s services but remain in the User’s account and have exceeded the period specified by the Company for the User to withdraw such Digital Assets from the system, where the User has failed to do so.
15.2. The Company shall provide advance notice to the User through the Company’s communication channels, including the email registered by the User, to notify and remind the User to conduct transactions or withdraw the residual Digital Assets from the User’s account within the period specified by the Company from time to time.
15.3. If the User fails to comply with the Company’s notification within the specified period, the Company shall have the sole discretion to undertake any of the following actions:
15.4. The User acknowledges and agrees that any delisting or conversion of residual Digital Assets may affect the value and liquidity of such residual Digital Assets. The Company shall not be liable for any damages, losses, or expenses arising from such delisting, conversion, or any related actions. In the event of any future changes resulting in the relisting of such previously delisted Digital Assets, the Company shall not be responsible for any damages, losses, or expenses arising from any prior delisting, conversion, or related actions taken by the Company in respect of such residual Digital Assets.
16. Contact Channels and Complaint Handling
16.1. The Company has designated communication channels on its website through which the User may contact the Company via any channel convenient to the User. The Company shall use its best efforts to respond to the User if the User contacts the Company during the Company’s business hours. If the User contacts the Company outside business hours, the Company reserves the right to respond to the User on the next business day.
16.2. The Company has designated complaint submission channels as announced on the Company’s website. Any complainant must provide complete personal information and material facts to enable the Company to resolve the matter accurately and appropriately. The Company reserves the right to request additional information or supporting documents from the User. All such information and documents shall be kept confidential and shall not be disclosed to any unrelated parties. The processing of such information shall be in accordance with the Company’s privacy policy.
17. Arbitration for Dispute Resolution
17.1. In the event of any dispute, conflict, or claim between the User and the Company arising out of or in connection with the use of the Company’s service platform or relating to the terms and conditions of this Agreement, both parties agree to attempt to resolve such dispute through fair and good-faith negotiation or mediation.
17.2. If the dispute cannot be resolved through negotiation or mediation within 30 days from the date on which one party notifies the other party of the dispute, such dispute shall be referred to and finally resolved by arbitration in accordance with the provisions set out in this Agreement.
(1) The arbitration proceedings shall be conducted in accordance with the rules and procedures of the selected arbitration institution, and the proceedings shall be conducted in the Thai language.
(2) The place of arbitration shall be Bangkok, Thailand, unless otherwise agreed in writing by both parties.
(3) The arbitral award shall be final and binding upon both parties and may be enforced in accordance with applicable law.
18. Miscellaneous Provisions
18.1. In the event that any provision of this Agreement is held to be void, invalid, or unenforceable under the law, the Company and the User agree that only such specific provision shall be deemed ineffective. All remaining provisions of this Agreement shall remain in full force and effect and continue to be binding upon the parties.
18.2. Any delay or omission by either party in exercising any right under the terms of this Agreement shall not be construed as a waiver of such right, nor shall it be deemed as consent to any breach of the Agreement by the other party.
18.3. The headings of the various sections of this Agreement are included for convenience of reference only and shall not be used by the parties to interpret, expand, or limit any of the provisions of this Agreement in any manner whatsoever.
Version: EA0200/2026
Version: EA0200/2026-BRK