Terms of Service

T-Box (Thailand) Co., Ltd. (“the Company”), as a Digital Asset Exchange, has entered into a service agreement with customers to provide a basic requirement regarding the usage of the digital asset exchange service. Customers who wish to use the Company’s services must be bound by this Agreement and strictly comply with such agreements throughout the period of use of the Company’s services.

This Agreement is entered into by and between T-Box (Thailand) Company (hereinafter referred to as the “Company”) and users of the Company. (hereinafter referred to as the “Customer”)

The customer wishes to use the Company’s digital asset trading services as a digital asset exchange and agrees to comply with the rules and regulations of the Company’s services

Under this Terms of Service (“Agreement”) ) where the customer has considered the agreement and agrees to be bound by the rights, duties, and liabilities under the agreement, which are detailed as follows:

Definition

“Digital Assets” means the ownership, returns, and/or rights inherent in digital tokens, digital tokens with underlying assets, digital tokens whose underlying asset is real estate, or any other digital asset designated by the Securities and Exchange Commission.

“Services” means the main services of the Company’s digital asset exchange, which is an intermediary for the systematic and fair matching of digital asset trading orders to customers through the application of the company which includes any other necessary services related to order matching services, such as storage of customer assets, deposit, and withdrawal of baht currency, digital assets notification, etc. However, the Company’s service does not include any other services in the form of suggestions or advisory on investment or trading of digital assets.

 “Transaction” means buying, selling, and exchanging transactions between Thai baht and digital assets. including depositing or withdrawing baht with a bank account that the customer has registered with the company.

  1. “Customer” means a client who has registered a digital asset trading account through the channels specified by the Company by agreeing to accept the terms and conditions specified under this Agreement and also accept the risk of yield in trading, exchanging, or owning digital assets by yourself.
  2. “Website” means www.tbox.net.
  3. “Application” means any software created by the Company for use in connection with the use of the Company’s services, such as websites, applications, or smart contracts.
  4. Qualifications of the applicant

2.1 Individual

  1. Age from 20 years old
  2. Having complete consciousness, not an insane person Persons adjudged by the court to be a quasi-incompetent person or an incompetent person or bankruptcy.
  3. Not being or having been a member involved in any activity, directly or indirectly, or organizing, directing, assisting, supporting, inciting, facilitating, or advising unlawful groups such as gangs, brothels, and anti-government forces that do not exercise their legal or constitutional rights, separatist force underground forces, terrorist group, transnational organized crime, human trafficking organizations, pirates, or scammers, etc.
  4. Has not been sentenced to imprisonment by a final judgment for any crime related to finance, terrorism, and transnational crime. This includes but is not limited to money laundering offenses, defrauding people, Corrupt property, and offenses under the law on financial institutions, Securities and Exchange, Anti-Money Laundering and Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing (AML/CTPF), laws on the Prevention and Suppression of Trafficking in Persons or the law on the prevention and suppression of participation in transnational organized crime.

2.2 Legal entity

  1. Having legally registered in which the juristic person has its head office located.
  2. no purpose may imply that access to services of the same or similar nature as the Company’s services is prohibited.
  3. The registrant is a person who has the power to act on behalf of a juristic person and agrees to be liable for any damage that the registrant has done whether or not it is done in the name of the juristic person
  4. Every director and authorized person to act on behalf of a juristic person has all the qualifications under Clause 2.1.

If the company finds that the customer lacks the above qualifications, the Company reserves the right to refuse, cancel, withhold, suspend user accounts, and/or block transactions without prior notice to the Customer, the Customer agrees that the Company’s decision is final.

 

  1. Subscription
  2. The customer must register in the Company’s application by creating an account and filling out KYC information correctly (identification information such as name, surname, nationality, identification number, telephone number, address, date of birth, occupation, and any other information) in accordance with the Company’s customer onboarding policy and AML Anti-Money Laundering and Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing law (AML/CTPF).
  3. For foreign customers who wish to use the company’s services. Apart from KYC information, a Thai Bank Account is also required.
  4. If the customer does not provide complete information or the information delivered to the company is insufficient or inaccuracy, the Customer agrees that an employee designated by the Company may inquire or request additional documentation from the Customer by means such as telephone, video call or Skype or other similar means.
  5. The customer agrees to provide the customer’s personal information to the company and certifies that all information is correct, true, and current. In the event of any change in customer information, the customer agrees to notify the company immediately of such change.
  6. If the Company finds that the information or documentary evidence provided by the customer to the Company in applying for the service is not true, the company reserves the right to suspend or refuse to provide service without clarifying and notifying in advance.

 

  1. Account Management

4.1 The customer agrees to be responsible for maintaining and keeping confidential a user ID (“User ID”), Password, and (API) throughout the transaction through the Company’s digital asset trading system, preventing other people from taking your user ID and password to use. If someone brings the “User ID” and the customer’s password to use in any case to view the data and/or to place orders for digital asset trading. The customer agrees to be entirely responsible for such actions by others.

4.2 The customer agrees to be solely responsible for any loss or breach of data and/or personal data that may result in unauthorized access to the customer’s account from a third party; including the risk of loss or theft of digital tokens and/or money contained in the customer’s asset account. However, the company will be responsible for such loss or violation in case it’s caused by the company’s fault.

4.3 The Customer warrants that the information provided to the Company is correct, true, and up-to-date. The customer will correct and update the information with supporting documents immediately when there is a change. Moreover, the customer will be solely responsible for any loss or damage caused by neglect or not updating the customer’s information to be accurate, complete, true, and up-to-date.

4.4 The customer agrees to use the Company’s account and services for himself only and also not allow others to use it temporarily or permanently or use the service with others is strictly prohibited. including not revealing the account to other people to use the service on their behalf

4.5 If the customer has reasonable grounds to suspect that the account or data has been unauthorized access and/or in violation of other company’s security measures. The customer will notify the Company immediately through channels specified by the company.

  1. Customer Due Diligence

According to services provided by the company, the customer agrees and authorizes the Company to use KYC information provided to the company to conduct customer due diligence per Anti-Money Laundering and Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing (AML/CTPF) laws and regulations, including authorizes to retain any other information relating to the customer’s transactions through the Company’s services for the terms and duration required by such law.

  1. Digital Asset Exchange services

6.1 According to the Digital Asset Exchange service, the customer is required to deposit Thai Baht into the Thai Baht account opened with the Company. The said property remains in the ownership and possession of the customer. Once the transaction is confirmed, the company system will automatically process such deposits and withdrawals between the customer and the customer’s counterparty. For the benefit of using the service under this clause, the customer agrees and allows the company to deposit and withdraw assets stored in the customer’s asset account, both in Thai baht and digital assets, to the customer and the other customer’s counterparty automatically whenever there is a transaction without no consent required from customers in advance or from time to time. However, the process and period for confirmation of deposit and withdrawal will be within 3-5 business days.

6.2 Customer transactions shall be effective at all times until terminated or subsequently replaced by another instruction. However, the customer agrees that the Company shall not be liable for any damages caused by the customer’s order. In the event of force majeure or necessity, the Company may reserve the right to cancel the orders that the customer has been sent into the system. The Company also reserves the right to cancel or suspend trading orders in the following cases:

(1) Orders that may be caused by defects or malfunctions of the system for which the Customer is not involved.

(2) In the event of an emergency and an abnormal situation determined by the Company, such as an error or defect in the Company’s operating system or service, order from regulators or government agencies due to the discovery or suspicion of an offense or its involvement in the commission of an offense by using the Company or the digital tokens provided on the company’s trading service as a tool.  Any other events that may affect trading conditions volume or cause the highly volatile price of digital tokens can affect the stability, efficiency, and orderliness of trading, etc.

6.3 The customer agrees and accepts that the order for digital asset exchange transactions must have a value not lower than the threshold specified by the company. The submission of orders in the order memorandum will not be delivered immediately, that is, the customer can cancel the order at any time until getting confirmation from the Company’s trading system.

6.4 The Company reserves the right not to execute the customer’s order if the said order exceeds the amount or value limited by the Company which the customer has accepted and will not claim for damages or any other charges from the company. Moreover, it is the company’s sole discretion to increase or decrease the value limit to the customer without notifying the customer in advance.

6.5 The Customer agrees to transact only on the digital assets provided by the Company and in delivering digital assets to customers or their counterparties. The Customer accepts and agrees that the Company may deliver the same type or value of digital assets in equal amounts or value.

6.6 The Customer agrees and accepts the Company to charge service fees at the rates and methods specified by the Company. The Company shall provide prior notification to the Customer before the confirmation of the order. However, the Company reserves the right not to process the customer’s instructions if the customer’s account does not have sufficient assets to pay for the transaction fee.

6.7 The Customer agrees to comply with the trading rules of digital assets established by the Company (Trading Rules) throughout the period of use of the Company’s services. The customer can cancel or close the account of the Company’s services at any time by withdrawing the net balance (Balance) from the customer’s account and closing the account. The Company will not charge any fees for account closure. However, closing the account does not release the Customer from any liability to the Company. In case the Customer closes the account, the Customer authorizes the Company to cancel and suspend all transactions that are in progress.

 

6.8 The customer agrees not to perform or use the prohibited services as follows.

      (1) doing any act contrary to law, rule, or lawful regulation issued or stipulated by the competent state agency; This includes but is not limited to criminal law, Intellectual Property Law,  Laws related to money laundering, public fraud, financial institution, Securities and Exchange, Terrorism, human trafficking, transnational crime computer-related offenses, consumer protection, etc., including using the Company’s services as a tool or carrying out any other activities that are directly or indirectly contrary to the law.

    (2) interfere with access, use of the service, or infringe the legal rights of other customers; This includes the unauthorized use or intention to use the accounts of other customers of the Company.   (3) Interfere, suspend, inhibit, slow down, obstruct, interrupt, attenuate, destroy, damage, intercept, collect, modify or alter any information or content of the Company that appears on the Company’s website and/or application or takes any other actions to prevent the Company’s system from functioning normally or not as expected including the development of external programs that are used in conjunction with the Website and/or the Application without the prior written consent of the Company.

   (4) Reverse engineering or removal of software used on the Website and/or Applications or Services of the Company.

     (5) Generating rumors or doing any act that is detrimental to the Company’s credibility or providing false information to create misunderstandings or cause annoyance to other customers, regardless of whether it is done on the website, application, or other services of the Company.

  1. Listing and Delisting Rules of company digital asset

7.1 The Company has a process of Listing and Delisting Rules of the digital asset by considering various factors based on the company’s criteria, such as technical feasibility, allotment of returns, safety, market factors, etc. However, the listing and delisting will be the Company’s sole and absolute discretion and will publicly announce the listing of the digital asset to customers through company channels.

7.2 The Customer acknowledges that the Company offers only digital token trading services. The company does not provide services or allow deposits and withdrawals of digital tokens from the system. The customer agrees not to deposit and not attempt to deposit or transfer digital assets to the digital asset account that the customer has opened with the Company. If any damage is caused by the act or attempt to do so, the customer agrees to indemnify and compensate any other expenses to the Company, including the cost of doing the damage back to normal as well.

7.3 The Company may proceed with the delisting of certain types of digital assets from the trading system per the Digital Asset Delisting Rules. However, the Company will notify through company channels with details, methods, and timeframe for delisting. The consideration of delisting is final and at the Company’s sole discretion.

  1. Allocation and Dividend from digital assets
  2. Digital assets provided by the Company in its asset exchange may pay dividends and/or any other benefits to the buyers, holders, or users of such assets per the terms or conditions of the issuer’s offer. For example, a) a digital asset may pay a monthly dividend to its holder or b) a digital asset may require a customer holding that digital asset to receive a share of the profits of the associated project, or c. ) A digital asset may require the customer who holds the digital asset to have the right to use the asset or related service. The Company may or may not participate in the allocation and distribution of dividends or benefits to the customers when considering the method of delivering the dividend on company policies and measures. The terms and conditions in the digital asset listing (Offering Memorandum) or documents relating to the general public offering of digital assets of each type. Digital assets provided in the Company’s system will have identifying methods, times, details, and parties involved in delivering dividends or benefits to customers. However, the Company will notify you when such a benefit is paid.
  3. The customer acknowledges that if the return on digital assets is digital tokens, the process of allocation of such digital asset dividends may take different processing times depending on each type of digital asset. However, the Company will proceed as soon as possible to allocate and pay dividends with due consideration to suitability, safety, technology, and protection of customer interests.
  4. The customer agrees that the company will charge the dividend allocation fee according to the rate and method specified by the company. For the rate and method of collection, the Company will inform the customer in advance. However, the Company does not collect any fee from the type of compensation for the right to acquire a specific product or service (Utility).

 

  1. Website and/or Application

     9.1 Information disclosed on the website and/or application of the Company is solely used for our services to customers. The information is only for customers’ assumptions, and not for purposes of any other type than the aforementioned purposes in these Terms of Service. The Company shall be responsible for any default due to misinformation provided by the Company. Hence, the Company does not provide confirmation or by any means to convince customers to invest in our products. All transactions are decided at the customer’s sole discretion.

   9.2 The Company may change the content of information on the Website and/or the Application without prior notice to the customer. However, if the company changes the information related to the product policy or important information related to the use of the Company’s services, such as fees, complaint channels, or important information about the company will notify the Customer at least 30 days in advance.

9.3 If there is a link to the content of a third party, such as a third-party website, the content of such information is not controlled by the company. In such an event, the customer acknowledges and agrees that the Company shall not be responsible or liable in any manner for the information, content, or services contained in the content or websites of third parties accessing or connected to the Company’s website.

9.4 The customer agrees and acknowledges the rights and interests in the content, symbols, and trademarks relating to the Company’s services. Information presented on the website and/or application includes other intellectual property such as copyrights, trademarks, and other intellectual property rights, registered marks or not registered. It is the property of the Company and/or other users of rights. (“Intellectual Property”)

9.5 The Customer agrees and warrants not to copy, modify or exploit the Company’s intellectual property, in whole or in part, without the written consent of the Company.

 

  1. Negligence and violation of law, rule, regulation, or lawful order. Use of Prohibited Services and/or Agreements.

10.1 If the Company has reasonable grounds to suspect that the customer is involved, neglects, or violates any law, rule, regulation, or lawful order, use of Prohibited Services, and/or this Agreement. The Customer agrees and consents to the Company, its affiliates, or employees of the Company to monitor, review and disclose information and report to the relevant regulatory authorities and authorities by the legal process, including, in its sole discretion, to cancel, provoke, suspend, or suspend user accounts; and/or block transactions without prior notice, such as trading transactions or depositing and withdrawing baht, for example.

10.2 If the Company cancels, terminates, or suspends a customer account and/or blocks transactions. The company will notify such actions of the customer except the law, regulation or lawful order prohibits the company from doing so.

10.3 In the event of damage to the Company due to the customer’s violation of law, rules, regulations, or lawful orders, use of Prohibited Services, and/or this Agreement. The customer agrees that the Company suspends the account and debits any cash and/or digital assets stored with the Company for legal settlements.

  1. Complaints and Dispute Resolution

11.1 The Company provides channels for customers to make complaints through:

(1) Electronic mail: [email protected]

(2) Company website’s

(3) Company’s Facebook inbox via https://www.facebook.com/TBOXportal

(4) Customer relations contact at 179 Bangkok City Tower Address no. 2401 24th floor Sathon Rd, Thung Maha Mek, Sathon, Bangkok 10120

(5) Company’s telephone number: 02-096-3235

The Company reserves the right to resolve complaints and/or disputes only if the Customer has complied with the procedures and channels specified by the Company. The resolution of complaints generally takes 3-10 working days, depending on the complexity of the complaint details and the Company’s measures. The Company will provide a notification of the result to the customer within 7 working days from the date the complaint is settled by the Company.

11.2 If the customer and the Company are unable to agree or mediate complaints and/or disputes, or if the Company fails to resolve the complaints and/or disputes within the specified period, it shall be at the Company’s sole discretion to consider how to settle disputes with customers who are victims of such cases. To proceed to the next step, the dispute resolution process may be used by arbitration or any other method that the Company deems appropriate, regardless of the method used by the Company to resolve the dispute. The customer agrees not to disclose any information about the dispute to any third party, public media, or social media. If the customer discloses any information that may cause damage to the company. The customer agrees to be liable for such damages without limitation.

11.3 In the event of a dispute arising from customer negligence and/or violation of this Agreement, law, rules, or regulations issued or enacted by a competent government agency. The customer agrees and accepts to bear all costs, damages, or other expenses arising from dispute resolution proceedings and/or compliance with the Company’s legal process, including legal liability, loss, or any other damages to third parties if the Company has to pay fines, damages, or any other compensation to government agencies and/or third parties affected by the actions of the above.

The customer agrees to be liable and indemnify the Company for damages, expenses, fines, and/or any other compensation.

 

  1. Limitation of Liability

12.1 The Company is the only digital asset trading platform provider. It is not a party to any trading transactions with customers, agents, or customers’ partners. In addition, the Company does not provide advice or consulting services related to digital asset trading, including any services that are similar or similar to investment advisory services. The Customer acknowledges and accepts the risk of loss in profits arising from the trading of digital assets and makes the Customer’s own decision in the transaction, located on the website and/or application in the form of advice and/or consultancy related to digital asset trading.

12.2 The Company provides a trading platform between digital assets and Baht only. The Company does not provide trading services between digital assets or Baht and foreign currencies according to the laws and regulations of the Bank of Thailand. If the customer wishes to exchange for foreign currency, customers must exchange with financial institutions that are authorized under the Foreign Exchange Law as permitted by the Bank of Thailand only.

12.3 The customer acknowledges and understands that transactions relating to digital assets may be delayed from time to time. However, the customer agrees not to make any claims for damages,

compensation, or any other charges from the Company arising from the delay, including in the case of allocation and payment of returns from digital assets. Unless such delay is the fault of the Company or does not fall within the period specified in Clause 6.1.

12.4 The Thai Baht which is in the Customer’s asset account in the Company’s system is the sole ownership and responsibility of the Customer. The Company is only the custodian of the Customer’s asset account in a bank account that is protected under a financial institution in regards to the Bank of Thailand. Therefore;

(1) Interests from cash and bank deposits that Customers transfer into the Company’s system for digital asset exchanges are stored in the Company’s bank accounts. If the financial institution

after allocating any interest or compensation to the assets in the Company bank account that interest or compensation shall be vested in the Company. The Customer agrees not to claim or claim ownership in any return from such assets.

(2) In the event of a loss of all or part of the money from the operation of depositing or depositing money into the account of the Company’s assets that the Customer has applied for the service where such loss is not caused by the Company or is not in the full control of the company, such as the failure of the Bank system and connection, etc. The Customer agrees and consents not to make any claims for damages or any other rights against Company and will file a claim for damages or exercise the right of recourse arising from such loss from the Bank or any other person by itself.

12.5 The Customer acknowledges that trading on digital assets is risky because digital assets are not government-certified currencies, relevant regulatory agencies, or financial institutions in Thailand. There is risk of price volatility and electronic crime by using digital assets as a tool. This may cause the Customers lose all or part of their investment or digital assets. The Customer has studied the nature and risks of digital assets in detail, and also voluntarily uses the services of the Company.

12.6 Any digital asset which the Company makes available in the Digital Asset Exchange does not constitute a guarantee or be construed as a guarantee of the value and legality of the digital asset. The company is not responsible for any loss, damage, loss, impairment, or loss from returns incurred to customers.

12.7 The Customer agrees and consents that the Company shall not be liable for any loss or damage arising out of the following cases:

(1) Loss of return on digital assets

(2) Loss or damage caused by misunderstanding of the Company's services.

(3) Loss or damage caused by the negligence of the Company's announcement or notification.

(4) Loss resulting from abuse of account used by third parties. or any other damage which is not the damage caused by the Company Therefore, the Company shall not be liable for any loss or damage caused by external factors which the Company cannot control, such as power system failure, disaster, or orders of regulatory or government agencies, etc.

12.8 Subject to the limitation of liability and this Agreement, if the Customer is affected due to the fault of the Company. The Company agrees to pay compensation for actual damages and not for forthcoming damages. Such damage must be a direct result of the actions of the Company or its employees.

12.9 The Company reserves the right to take any action, regarding the Customer’s account and transactions to comply with the law, rules, regulations, and/or statutory orders. Hence, the Customers agree and consent not to reimburse, nor compensate for any cost that occurred from such actions by the Company affiliates and its employees.

  1. Privacy Policy and Anti-Money Laundering and Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing (AML/CTPF) Policy

The policies are part of this Agreement. The Company may announce or change it from time to time as appropriate. Customers can check the latest version of the policies on the Company website and/or application.

  1. Taxation

The Customer is solely responsible for preparing reports and paying taxes on transactions made through the Company services to the relevant authorities. The Customer may collect information and transaction history of the Customer’s account. The Customer agrees and will not claim any damages, claims, or other charges from the Company due to the Customer tax payment duty or obligations.

  1. Miscellaneous

15.1 The Company reserves the right to change, amend, or add to this Agreement at its sole discretion without prior notice to the Customer. However, the Company will provide general notification of the change of agreement to Customers within 1 day through the Company channels. The Customer has the right to disagree and cancel the service of the Company.

15.2 The Customer agrees and consents that the Company may transfer the Company rights and obligations under this Agreement without conditions and limitations to any other person and/or legal entity, such as the transfer of rights to Company affiliates, stakeholders of the Company, or other external service providers who have contracts with the Company, etc.

15.3 The validity of this Agreement is not affected in the event of a contractual clause whereby any condition or provision is void or unenforceable. All parties agree to use their negotiating endeavors to determine how this Agreement can be continued or to find the closest possible method.

15.4 Both parties agree to use the laws of Thailand in enforcing and interpreting this Agreement, and the court has jurisdiction under the law of Thailand to consider and adjudicate cases or disputes related to the integrity results of any agreement, interpretation, rights, obligations, liabilities or any other legal relationship arising out of this Agreement.