ORBIX USER AGREEMENT

This is a contract between you and Orbix Trade Co., Ltd., a private limited company incorporated in Thailand ("Orbix" or "Company"). By signing up/register to use an account through orbixtrade.com, or any associated websites, APIs, or applications (collectively the "Orbix Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement and our Privacy Policy.

The risk of loss in trading or holding Digital Asset can be substantial. You should therefore carefully consider whether trading or holding Digital Asset is suitable for you in light of your financial condition.

  1. Basic Orbix Services
    1. Eligibility. To be eligible to use the Orbix Services, you must be at least 18 years old. However, individuals below 20 years old will need to submit a Consent Letter for Minor approved by their lawful guardian.
    2. Orbix Services. Your Orbix account ("Orbix Account") encompasses the following basic Orbix services (collectively the “Orbix Services”):
      1. One or more hosted Digital Asset wallets that allow users to store certain supported Digital Assets, like Bitcoin or Ethereum ("Digital Asset"), and to track, transfer, and manage their supported Digital Assets (the "Hosted Digital Asset Wallet");
      2. Digital Asset conversion services through which users can buy and sell supported Digital Assets in transactions with Orbix (the "Conversion Services");
      3. Thai Baht account for use in connection with other Orbix Services (a "THB Wallet"); and
      4. Digital Asset exchange platform ("Orbix Platform").
  2. Creating a Orbix Account
    1. Registration of Orbix Account. In order to use any of the Orbix Services, you must first register by providing your name, an e-mail address, User ID, and affirming your acceptance of this Agreement. In this Agreement, “User ID” means name for using services (Login name, Username and/or Email used for logging in) and/or PIN and/or One Time Password (OTP) and/or Password and/or other tool(s) that you use for logging in to the service per this Agreement and/or for confirming the use of services. Orbix may, in our sole discretion, refuse to allow you to establish a Orbix Account or limit the single account for a single unique identity or limit number of Orbix Accounts that a single user may establish and maintain at any time.
    2. KYC/AML Policies. In order to use the Orbix Services, you are required to provide Orbix with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update Orbix if any information changes. You hereby authorize Orbix to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
    3. After being approved to use the service, you shall receive/set the PIN per the steps determined by the Company.
    4. You shall safeguard the User ID and keep it confidential. Disclosure of the User ID is regarded as non-compliance with this Agreement. You can change the PIN by yourself anytime, using the process as provided by the Company without giving notification to the Company.
    5. In case the User ID is lost/stolen/invalidated/forgotten, you can contact the Customer Support. In case the User ID is invalidated due to incorrect PIN being input exceeding the limit determined by the Company, you may reactivate/unlock/reset the User ID by yourself on Orbix Platform using the process as provided by the Company.
    6. Any loss, theft or leak of the User ID may result in unauthorized access to your Orbix Account by third parties and the loss or theft of any Digital Asset and/or funds in your Orbix Account and/or any relevant accounts, including any linked bank account(s) and credit card(s). You are responsible for keeping your email address and contact information up to date in your account profile to receive any notices or alerts that we may send you. We assume no responsibility for any loss or damage that you may sustain or incur due to (1) such loss, theft or leak of the User ID due to no fault of the Company; and/ or (2) your failure to comply with or act on any notices or alerts that we may send to you.
    7. You agree that any actions performed, including but not limited to application for and use of services, identity verification, transactions, acceptance of terms and conditions/services/fees of services provided by the Company, regardless of whether said actions were undertaken by you or by any other person with the use of the User ID, are complete and valid, and shall be binding upon you as if they were undertaken by you; and it shall be deemed executed by you by way of electronic signature as evidence for the transaction, which is complete and valid from the time the transaction is confirmed. You acknowledge the risks related to the use of electronic services which require no additional documents or evidence for confirmation and/or delivery to the Company, unless otherwise stated by the Company.
    8. You accept and agree that you can use services under this Agreement via Orbix Site as determined by the Company, provided that you can use only one device to access to or use the service at a time. If more than one device is used to access to or use the service at the same time. The Company’s system will allow only the last device to access to or use the service.
  3. Hosted Digital Asset Wallet
    1. In General. The Hosted Digital Asset Wallet services allow you to send supported Digital Asset to, and request, receive, and store supported Digital Asset from, third parties pursuant to instructions you provide through the Orbix Site (each such transaction is a "Digital Asset Transaction").Orbix reserves the right to refuse to process or to cancel any pending Digital Asset Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Orbix cannot reverse a Digital Asset Transaction which has been broadcast to a Digital Asset network. The Hosted Digital Asset Wallet services are available only in connection with those Digital Assets that Orbix, in its sole discretion, decides to support. Orbix will securely store the Digital Assets with Digital assets supported by wallets are stored and kept safe in wallets by the Company or the third-party providers as Orbix deem appropriate according to the applicable laws. Storing in third party providers’ storage may expose the risk of loss of the Digital Assets stored with them. In order to prevent this, the Company shall use its best effort to select the storage provider.In case of lost from third party providers’ storage ,Orbix will take the best effort to persume the lost asset. The Digital Assets that Orbix supports may change from time to time. If you have any questions about which Digital Assets Orbix currently supports, please visit https://www.orbixtrade.com Under no circumstances should you attempt to use your Hosted Digital Asset Wallet services to store, send, request, or receive Digital Assets in any form that are not supported by Orbix. Orbix assumes no responsibility or liability in connection with any attempt to use Orbix Services for Digital Assets that Orbix does not support.
    2. Digital Asset Storage & Transmission Delays. Orbix securely stores all Digital Asset private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Orbix to retrieve certain information from offline storage in order to facilitate a Digital Asset Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Asset Transaction for 48 hours or more. You acknowledge and agree that a Digital Asset Transaction facilitated by Orbix may be delayed.
    3. Third Party Payments. Orbix has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Orbix Services). Orbix is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Asset transferred using the Orbix Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Orbix at [email protected] so that we may consider what action to take, if any.
    4. Advanced Protocols. Unless specifically announced on our website or through some other official public statement of Orbix, we do not support meta coins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Asset supported by Orbix (collectively, “Advanced Protocols”). Do not use your Orbix Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The Orbix platform is not configured to detect and/or secure Advanced Protocol transactions and Orbix assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.
    5. Operation of Digital Asset Protocols. Orbix does not own or control the underlying software protocols which govern the operation of Digital Assets supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Orbix Platform, you acknowledge and agree (i) that Orbix is not responsible for operation of the underlying protocols and that Orbix makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Asset you store in the Orbix Platform. In the event of a fork, you agree that Orbix may temporarily suspend operations (with or without advance notice to you) and that Orbix may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that Orbix assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
    6. You agree and accept that the Company does not own and/or control over the underlying protocols of digital assets which govern the operation of digital assets supported on our platform. In general, the underlying protocols are open source, and anyone can access, use, copy, modify, and distribute source code. Therefore, it may be modified/changed either by the digital asset issuer or by any other person. The underlying protocols are subject to changes in operating rules (each a “Fork”) that may result in more than one branch or digital asset that may materially affect the value, function, and/or name of the Digital Assets that you own in our platform. You agree and accept that the Company has the sole discretion to determine as deemed appropriate when the above events occur. Including but not limited to
      1. The Company may consider delisting the digital assets that you own from our platform.
      2. The Company has sole discretion to determine whether to support new branches or new digital assets resulting from changes in the underlying protocol or not.
      3. The Company may temporarily suspend operations and/or support or does not support a new branch or new digital asset from changes in the underlying protocols.
      4. The Company may consider delivering new branches or new digital assets to you. The Company has the sole discretion to decide the method of delivering a new branch or new digital asset and has the right to collect fees related to the delivery. The new branch or new digital asset shall be yours only when the Company has delivered it to you.
      In the determination as mentioned above, The Company will consider various factors. For examples, the relevance terms and conditions of digital asset issuers and/or safety and suitability and/or availability of the Company's system or digital asset custodian or other related service providers and/or technical and operational feasibility, etc. You agree and accept that the Company is not responsible any loss or damage for the operation or change of the underlying protocols and that the Company makes no guarantee of their functionality, security, or availability since the Company does not own and/or control over the underlying protocols of digital assets. And the Company is not responsible for any loss or damage of the unsupported new branches or new digital assets arising from changing the underlying protocols of digital asset, and/or delisted your existing digital assets on the Company's platform.
  4. Conversion services and fee
    1. In General. Eligible users in certain jurisdictions may buy or sell supported Digital Asset through the Conversion Services. The Conversion Services are subject to the Orbix "Conversion Rate" for the given transaction. "Conversion Rate" means the price of a given supported Digital Asset amount in terms of Fiat Currency or other Digital Asset as quoted on the Orbix Site. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of Fiat Currency or Digital Asset at which you may buy or sell supported Digital Asset to Orbix. You acknowledge that the Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time, and that Orbix may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any Orbix Conversion Services, to accept the Conversion Rate as the sole conversion metric. Orbix reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. Orbix does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Asset from Orbix does not result in a guarantee that you may sell your supported Digital Asset to Orbix.
    2. Purchase Transactions. After successfully completing the Verification Procedures, you may purchase supported Digital Asset by Deposit Cash into your Orbix Thai Baht wallet. If the order is successful ,you authorize Orbix to initiate debits from your Thai Baht wallet in settlement of purchase transactions. A Conversion Fee (defined below) applies to all purchase transactions. Although Orbix will attempt to deliver supported Digital Asset to you as promptly as possible, funds may be debited from your Thai Baht wallet immediately before Digital Asset is delivered to your Orbix Account. We will make best efforts to fulfill all transactions, but in the rare circumstance where Orbix cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order at the contemporaneous Buy Price Conversion Rate. To secure the performance of your obligations under this Agreement, you authorize Orbix to keep any remaining Thai Baht in your wallet until the order has been fulfilled.
    3. Sale Transactions. After successfully completing the Verification Procedures, you may sell supported Digital Asset by Depositting Digital Asset into your Wallet. If the order is successful ,you authorize Orbix to debit your Orbix Account(s) and initiate payments to your Thai Baht wallet in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. To secure the performance of your obligations under this Agreement, you authorize Orbix to keep any remaining Digital Asset into your Wallet until the order has been fulfilled.
    4. For Digital Asset Transactions: purchase, sale, withdrawal, each transaction is subjected to a fee. The applicable Fees are displayed to you on the Orbix Site prior to you completing a Service transaction. Orbix will not process a conversion transaction if the Fees, would exceed the value of your transaction. Fees are subjected to different transaction fees disclosed to you before you authorize the transaction. Orbix reserves the right to adjust its Fees and any applicable waivers at any time. We will always notify you of the Fee which applies to your transaction at the time of the transaction.
    5. Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment has insufficient funds, you authorize Orbix, in its sole discretion, to cancel the transaction. You are responsible for maintaining an adequate balance in order to avoid, insufficient funds,. Orbix reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Asset in its sole discretion, even after funds have been debited from your Wallet, if Orbix suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if Orbix reasonably suspects that the transaction is erroneous; or if Orbix suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Orbix will no longer allow the transaction and report to the relevant authorities regarding to the relevant laws.
    6. Payment Services Partners. Orbix may use a third-party payment processor to process any Fiat Currency payment between you and Orbix, including but not limited to payments in relation to your use of the Conversion Service or deposits or withdrawals from your Currency Wallet or Orbix Account.
  5. Currency Wallet
    1. Currency Wallets. Certain approved users may establish and fund one or more Currency Wallets to facilitate transactions on the Orbix Platform. You are the owner of the balance of each of your Currency Wallets. Orbix holds the balance of your Currency Wallets in dedicated custodial accounts with financial institutions. All funds held in a Currency Wallet are held on trust by Orbix for the benefit of the user.
    2. Deposits and Withdrawals. You may initiate a transfer from your bank account to fund a Currency Wallet. Fees may apply to deposits and withdrawals from your Currency Wallet. All fees will be clearly disclosed in your Orbix account. For deposits, Orbix will credit your Currency Wallet with a corresponding amount of Fiat Currency after funds are delivered to Orbix, typically within two to three business days after you authorize a deposit. For withdrawals, Orbix will immediately debit your Currency Wallet when you authorize a withdrawal and funds will typically settle to you within two to three business days. Bank fees are netted out of transfers to or from Orbix. We will not process a transfer if associated bank fees exceed the value of the transfer.
  6. General Use, Prohibited Use, and Termination
    1. Limited License. We grant you a limited, nonexclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Orbix Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by Orbix from time to time. Any other use of the Orbix Site or Content is expressly prohibited and all other right, title, and interest in the Orbix Site or Content is exclusively the property of Orbix and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "orbixtrade.com", "Orbix", and all logos related to the Orbix Services or displayed on the Orbix Site are either trademarks or registered marks of Orbix or its licensors. You may not copy, imitate or use them without Orbix's prior written consent.
    2. Website Accuracy. Although we intend to provide accurate and timely information on the Orbix Site, the Orbix Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Orbix Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Orbix Site.
    3. Third-Party Applications. If, to the extent permitted by Orbix from time to time, you grant express permission to a third party to access or connect to your Orbix Account, either through the third party's product or service or through the Orbix Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Orbix Account. Further, you acknowledge and agree that you will not hold Orbix responsible for, and will indemnify Orbix from, any liability arising out of or related to any act or omission of any third party with access to your Orbix Account.
    4. Prohibited Use. In connection with your use of the Orbix Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. Orbix reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Orbix Account and/or block transactions or freeze funds immediately or charge penalty fee and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
    5. Transactions Limits. The use of all Orbix Services is subject to a limit on the amount of volume, stated in Thai Baht, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. Orbix reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Orbix staff (such process, "Enhanced Due Diligence"). Orbix reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
    6. Suspension, Termination, and Cancellation. Orbix may: (i) suspend, restrict, or terminate your access to any or all of the Orbix Services, and/or (ii) deactivate or cancel your Orbix Account if:
      1. We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
      2. We reasonably suspect you of using your Orbix Account in connection with a Prohibited Use or Business; or
      3. Use of your Orbix Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
      4. Our service partners are unable to support your use; or
      5. You take any action that Orbix deems as circumventing Orbix's controls, including, but not limited to, opening multiple Orbix Accounts or abusing promotions which Orbix may offer from time to time.
      6. You breach any of our policies or instructions that are notified to users from time to time.
      If Orbix suspends or closes your account, or terminates your use of Orbix Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Orbix from providing you with such notice. You acknowledge that Orbix's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Orbix's risk management and security protocols. You agree that Orbix is under no obligation to disclose the details of its risk management and security procedures to you. If Orbix suspends or closes your account, or terminates your use of Orbix Services for any reason, Orbix reserves the right to require you to complete the Verification Procedures before permitting you to transfer or withdraw Digital Asset or Fiat Currency. You may cancel your Orbix Account at any time by withdrawing all balances and visiting. You will not be charged for canceling your Orbix Account, although you will be required to pay any outstanding amounts owed to Orbix. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
    7. Relationship of the Parties. Orbix is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and Orbix to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Orbix to be treated as the agent of the other.
    8. Privacy of Others; Marketing. If you receive information about another user through the Orbix Services, you must keep the information confidential and only use it in connection with the Orbix Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the Orbix Services.
    9. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Orbix Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Orbix Account.
    10. Unclaimed Property. If Orbix is holding funds in your account, and Orbix is unable to contact you and has no record of your use of the Services for several years, applicable law may require Orbix to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Orbix will try to locate you at the address shown in our records, but if Orbix is unable to locate you, it may be required to deliver any such funds to the applicable or jurisdiction as unclaimed property. Orbix reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
  7. Customer Feedback, Queries, Complaints, and Dispute Resolution
    1. Contact Orbix. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at or write to us at Orbix Trade Co., Ltd., 89 AIA Capital Center Tower, 12Ath floor, Suite No. 1307, Ratchadapisek Road, Din Daeng, Din Daeng, Bangkok. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Orbix Account, and the transaction on which you have feedback, questions, or complaints.
  8. General Provision
    1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Orbix. Always log into your Orbix Account through the Orbix Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
    2. Release of Orbix; Indemnification. If you have a dispute with one or more users of the Orbix services, you release Orbix, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Orbix, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
    3. Limitation of Liability. IN NO EVENT SHALL ORBIX, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED Digital Asset ON DEPOSIT IN YOUR ORBIX ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE ORBIX SITE OR THE ORBIX SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ORBIX HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT ORBIX FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED Digital Asset AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED Digital Asset AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE ORBIX SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORBIX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ORBIX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE ORBIX SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. Orbix makes no representations about the accuracy or completeness of historical Digital Asset price data available on the Site. Orbix will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Orbix makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
    4. The limitation of liability in this Article is subject to any obligations that the Orbix have under Applicable Law, including the Orbix's obligation to exercise reasonable care and skill in the provision of the Services. Nothing in this User Agreement shall limit the Orbix's liability resulting from the Orbix's fraud or fraudulent misrepresentation, gross negligence resulting from the Company, and its employees, directors, officers, representatives
    5. Entire Agreement. This Agreement, the Privacy Policy, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and Orbix as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Orbix. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
    6. Amendments. We may amend or modify this Agreement by posting on the Orbix Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Orbix Services, or suspension or termination of your access to the Orbix Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
    7. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Orbix affiliates or subsidiaries, or to any successor in interest of any business associated with the Orbix Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
    8. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
    9. Change of Control. In the event that Orbix is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
    10. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Orbix Account cancellation, debts owed to Orbix, general use of the Orbix Site, disputes with Orbix, and general provisions, shall survive the termination or expiration of this Agreement.
    11. Governing Law. This Agreement will be governed by Thai law and the exclusive jurisdiction of the Thai courts.
    12. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
    13. The delivery of interests, airdrops, or other benefits arising from the holding of digital assets available on the Company's exchange. You agree and accept that the Company will deliver the interests, airdrops, or other benefits of your digital assets as indicated by the Project Owner or Issuer in the project presentation document or specified in prospectus or white paper and the Company has received the interests, airdrops, or other benefits from the Project Owner or Issuer, they shall be yours. For any other interests, airdrops, or benefits which are not specified in the above documents. You agree and accept that the Company has the sole discretion to consider the delivery of the interests, airdrops, or other benefits when the Company deems appropriate. For example, the Company may consider from the source of announcement whether they are reliable and actually paid and/or consider the ecosystem of the Company and the digital asset custodian service provider whether they are able to support and deliver the interests, airdrops, or other benefis and/or consider the method of payment to you whether the Company can deliver correctly and fairly. If the Company considers numerous factors and deems appropriate, the Company will deliver you the interests, airdrops, or other benefits to which you are entitled. You agree that the Company has the sole discretion to decide the method of delivering interests, airdrops, or other benefits and has the right to collect fees related to the delivery. However, for interests, airdrops, or other benefits from holding digital assets that do not meet the above conditions or the Company deems inappropriate, such as scam coins, airdrops from unreliable sources, or such payment may conflict with laws and/or regulations and/or competent authorities. You agree and accept that the Company is not obligated to deliver such interests, airdrops, or other benefits to you

APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE

Prohibited Use

You may not use your Orbix Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. By opening a Orbix Account, you confirm that you will not use your Account to do any of the following:

  • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, as enforced in Thailand or any other countries where Orbix conducts business, or which would involve proceeds of any unlawful activity; or activity which involves the publication, distribution or dissemination of any unlawful material or information
  • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Orbix Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Orbix Site, other Orbix Accounts, computer systems or networks connected to the Orbix Site, through password mining or any other means; use Orbix Account information of another party to access or use the Orbix Site, or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Orbix
  • Abuse Other Users: Interfere with another individual's or entity's access to or use of any Orbix Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Orbix Site about others, including without limitation email addresses, without proper consent
  • Fraud: Activity which operates to defraud Orbix, Orbix users, or any other person; provide any false, inaccurate, or misleading information to Orbix
  • Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
  • Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Orbix intellectual property, name, or logo, including use of Orbix trade or service marks, without express consent from Orbix or in a manner that otherwise harms Orbix or the Orbix brand; any action that implies an untrue endorsement by or affiliation with Orbix
Prohibited Businesses

In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Orbix Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Orbix Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at.

By opening a Orbix Account, you confirm that you will not use Orbix Services in connection with any of following businesses, activities, practices, or items:

  • Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes
  • Restricted Financial Services: Check cashing, bail bonds; collections agencies.
  • Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder
  • Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen
  • Regulated Products and Services: Marijuana dispensaries and related businesses; 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 make health claims that have not been approved or verified by the applicable local and/or national regulatory body
  • Substances designed to mimic 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 literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, 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 added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
  • High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates bank policies
Conditional Use

Express written consent and approval from Orbix must be obtained prior to using Orbix Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at. Orbix may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Orbix Services in connection with any of following businesses, activities, or practices:

  • Money Services: Money transmitters, Digital Asset transmitters; currency or Digital Asset exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Orbix Services
  • Charities: Acceptance of donations for nonprofit enterprise
  • Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize
  • Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization