1109x | 服务条款

Terms & Conditions

This Terms & Conditions ("Agreement") is made between the Client ("Client") and 1109 PROSPER Company Limited ("1109 PROSPER" or "Company") to define the rights, obligations, and legal relationships related to the use of digital asset trading services and any other services that are developed and shall be provided by the Company in the future through the Company's website, applications or any electronic platforms of the Company, as specified in this Agreement (collectively referred to as the "Services").

The registration or use of the Services shall be deemed as full acceptance of this Agreement. If the Client does not agree with any of the terms and conditions herein, please refrain from using the Services.

1. Definitions

For clarity in the interpretation and enforcement of this Agreement the following words or phrases shall have the meanings as defined below, unless the context indicates otherwise.

"Client" means An individual or a legal entity who has registered, applied for, used, accessed the Services, or conducted any transactions with the Company, whether in whole or in part

"Digital Asset" means cryptocurrencies, digital tokens, and/or any other types of digital assets as defined under the Emergency Decree on Digital Asset Businesses B.E. 2561 (2018), including any applicable laws, rules, regulations, notifications, or criteria, which can be traded, exchanged, or transacted through the Company's Services.

"Services" means digital asset trading services and/or any other services that the Company currently provides or may develop and provide in the future through any channels.

"Transaction" means the purchase, sale, exchange, transfer, payment, or any act related to the use of the Company's Services, whether directly or indirectly.

"Client Account" means an account that the Client has registered and has been authorised by the Company to use the Services under a username, password or any other authentication methods as prescribed by the Company.

"Electronic Platform" means systems, websites, applications, Line Official Account (Line OA), email, electronic messaging systems, or any other electronic media designated by the Company as channels for communication or service provision.

"Company-Designated Channels" means any contact or communication channel that the Company officially announces, designates, or informs the Client of, by any means whatsoever.

"Client's Digital Asset Wallet" means the wallet address or account of digital assets owned or controlled by the Client, which is outside the control, custody, or retention of the Company.

"Funds" means digital assets and/or official fiat currency used by the Client in or related to transactions through the Company' Services.

'Official Fiat Currency' means any currency legally recognised by any country, including but not limited to the Thai Baht to be used as a medium for buying, selling, or payments for digital assets through the Company's Services.

"Outsource Service Provider" means any external individual or a legal entity who provides services to the Company, or services to the Client in connection with the use of the Company's Services, including but not limited to technology system providers, payment service providers, identity verification providers or compliance service providers.

"Force Majeure" means any event beyond the Company's reasonable control that cannot be prevented or avoided despite exercising due care, including but not limited to fire, earthquake, flood, or other natural disasters, rebellion, riot, war, labour disputes, acts of government authorities, failure of communication systems, power outages, malfunction of equipment or software, or any other similar events.

"Public API" means the Public Application Programming Interface (PMI) system provided by the Company to the Client, by allowing the Client to connect, process, and transmit data between the Company's electronic platforms and websites, applications, or software from third parties, subject to the terms and scope defined by the Company.

2. Account Registration and Client's Representation

2.1 The Registration for Account Opening

The Client must register through the electronic platform designated by the Company and submit required information and documents to verify and confirm the identity as required by applicable laws and regulations.

The Company reserves the right to request additional information or documents as necessary in order to assess risks, verify identity, or confirm the Client's purpose of using the Services.

The Company reserves the right to reject account opening applications, suspend the Services, or terminate the Services immediately if the Client's information is inaccurate or incomplete, or if there are reasonable grounds for suspicion that are contrary to anti-money laundering and counter-terrorism financing (AML/CFT) requirements or other applicable regulatory laws. In this regard, the Company is not required to disclose the reasons for such actions to the Client.

The Client must be the sole user of the account and shall not permit or authorise any other person to use the account on the Client's behalf, whether directly or indirectly.

The Client shall immediately notify the Company upon discovering or having reasonable grounds to suspect that the Client's account has been accessed without authorisation, or having reasonable grounds to believe that the security of the account may have been compromised.

The Client agrees that any action or conduct performed by any person using the Client's account shall be deemed to be the own action or conduct of the Client, and the Client shall be responsible for consequences of such action.

The Client shall bear risks in full related to its account, whether authorised or unauthorised access, to the extent permitted by law, and the Company shall not be liable for any damages arising from such access.

2.2 For the registeration, the individual Client warrants that:

The Client is a Thai national and is at least 20 years of age.

The Client has legal capacity to perform juristic acts under the law.

The Client has never been revoke the Services of the Company.

The Client is not involved in any criminal organisation, money laundering, fraud, pyramid schemes, terrorist financing or any other illegal activities.

The Client shall use the account solely by your own and shall not open an account for any other person to use on your behalf.

2.3 For the registeration, the legal entity Client warrants that:

The Client is a legal entity duly organised and existing under the laws of the relevant country.

The registrant or the representative is a person duly authorised to act on behalf of the legal entity.

The directors, shareholders, authorised signatories or appointed representatives of the legal entity Client are not involved in any criminal organisation, money laundering, fraud, pyramid schemes, terrorist financing or any other illegal activities.

The legal entity shall be fully responsible for any act of the registrant or account users acting on behalf of the legal entity.

2.4 The Accuracy and Completeness of the Information

The Client warrants that all information, documents, and evidence provided to the Company are true, accurate, complete and up to date.

The Client shall promptly notify the Company of any changes to such information.

The Company shall not be liable for any damages arising from outdated or inaccurate information if the Client fails to provide such updates.

2.5 Fees

The Client agrees and authorises the Company to charge, deduct or collect fees related to the use of the Services in accordance with the types, rates and conditions determined and notified by the Company through the electronic platforms. The Company reserves the right, at its sole discretion, to amend or adjust such fees and fee structures from time to time. The Company shall provide prior notice of any such amendments through the communication channel it deems appropriate, and the Client's continued use of the Services after such notice shall constitute the Client's acceptance of and agree to be bound by the revised fees.

3. Terms of Services

3.1 Scope of Services and the Relationship Between the Company and the Client

The Client acknowledges and agrees that the Company provides the Services by acting as the Digital Asset Dealer and a direct counterparty to the Client in each transaction for the purpose of executing and processing buy or sell orders of digital assets placed by the Client through the Company's electronic platforms.

The Client acknowledges and agrees that the Company does not act as an agent, broker, exchange, matchmaker or fiduciary of the Client, and has no obligation to act for any benefit of the Client in any representative or trustee capacity.

The Company does not provide, and shall not be deemed to have provided, any advice for investment financial, price guidance or trading strategy recommendations, whether directly or indirectly. Any decision to place buy or sell orders and to assume related risks shall be at the sole discretion and responsibility of the Client.

The Client acknowledges and agrees that price information, market data, or any other information displayed on the Company's electronic platforms is solely provided for considerations and is not intended as advice, price guarantee, suitability recommendation or assurance of trading consequences. The Company shall not be liable for accurate, complete, current or suitable information for the Client's decision-making.

3.2 Order Placing and Cancellation

Once the Company receives confirmation of a buy or sell order from the Client, the Company shall execute the Client order of digital assets directly as the Digital Asset Dealer, on spot trading (a spot basis).

The Client acknowledges and agrees that, once the order has been confirmed, such order cannot be cancelled, amended or modified, except in cases where the order has not yet been successfully processed within the Company's system. In such case, the Company shall use the best technical efforts to consider for the Client's cancellation request.

The Client further acknowledges and agrees that the Company cannot guarantee that any order cancellation shall be successfully executed in all cases due to system limitations, operational mechanisms or relevant market conditions beyond the Company's control. The Company shall not be liable for any losses or damages arising from any order that has been already executed, whether in whole or in part.

3.3 Market Volatility and System Disruptions

The Client acknowledges and agrees that trading digital assets is a highly volatile activity, with price fluctuations and potentially affected by unpredictable factors. The Company does not guarantee any prices, liquidity or returns from trading digital assets and shall not be liable for any losses arising from such market volatility.

In the event of system disruptions, market interruptions, force majeure events, or any other circumstances beyond the Company's control, the Client acknowledges and agrees that the Company shall not be liable for any delays, errors or damages arising from such events, to the maximum extent permitted by applicable law.

3.4 Payment, Delivery of Digital Assets, and Non-Custodial Status

For the avoidance of doubt, The Client acknowledges and agrees that the Company does not provide deposit, custody or management services for the Client's funds or digital assets, whether in whole or in part, and the Company is not a custodian of the Client's assets in any capacity.

The Services are provided on a buy-and-sell basis, and the Company shall be a direct counterparty to the Client. Any transfer of funds or digital assets shall occur solely to the extent necessary for the settlement and delivery of confirmed orders, as follows:

(1) For Buying of Digital Assets: The Client shall pay the official fiat currency to the Company through the specified channel within the timeframe specified by the Company, and the Company shall deliver the digital assets to the digital asset wallet or external bank account designated by the Client.

(2) For Selling of Digital Assets: The Client shall deliver the digital assets to the digital asset wallet or address specified by the Company, and the Company shall pay the official fiat currency to the external bank account designated by the Client.

After completion of delivery or settlement, the Company has no obligation to hold, safeguard or manage any asset of the Client. The Client shall be solely responsible for the maintenance and security of the Client's external bank accounts and digital asset wallets, including the accuracy and completeness of all information provided by the Client.

3.5 Suspension or Limitation of Services

The Client acknowledges and agrees that the Company may, at its discretion, restrict, suspend or deny access to the Client Account, the use of system or certain types of services at any time, if the Company deems necessary for system security, legal or regulatory compliance or the prevention of potential harm, without the need to give the prior notice.

3.6 Awareness and Verification before the Transaction

The Client acknowledges and agrees that trading digital assets is a highly volatile activity, price fluctuations and the liquidity may vary depending on the type of Digital Assets. Any decision to buy or sell the Digital Assets shall be made at the Client's sole discretion and responsibility, and the Company shall not be liable for any profits, losses, loss of value or damages arising from the Client's investment or trading activities in any case. In particular, the Client acknowledges and agrees that: (a) the Client is responsible for verifying the accuracy, completeness, and suitability of all information used in connection with any transaction, including the digital asset wallet address, blockchain networks, types of digital assets, and any other external bank account information, and the Company shall not be liable for any losses or damages resulting from incorrect or incomplete information provided by the Client; (b) the transaction on blockchain are irreversible and permanent in nature and cannot be cancelled, amended, suspended or reversed once confirmed, and the Company has no authority or capability to intervene in or recover such transaction; and (c) the Company provides the Services solely in its capacity as the Digital Asset Dealer, and not act as a custodian, provide investment or other advice and makes no representations or warranties with respect to consequences of any transaction.

3.7 Completeness of Information

The Client is required to provide any information, documents or evidence by the Company during the registration process or throughout the use of the Services in accurate, complete, and up-to-date manner, including to represent and warrant that all information submitted through the Services is true, accurate and not misleading.

3.8 Insufficient Funds for the Transaction

In case where the Client's funds balance is insufficient in the Client Account for any transaction or use the Services, the Company reserves the right to reject such entire order without any obligation or liability to the Company.

3.9 Tax Obligations

The Client is solely responsible for all relevant taxes applicable to your transactions and filing tax returns and paying such taxes to the relevant tax authorities. The Company shall not be responsible for the determination, assessment, reporting, collection, withholding or remittance of any taxes in connection with the Client's transactions, except as expressly required by applicable law.

3.10 Returns of Assets

In the event that a Client receives digital assets or official fiat currencies belonging to other person, whether in good faith or not, and regardless of whether such receipt is due to an error by the Company or a third party, the Client agrees to immediately return such assets to the Company or the rightful owner upon becoming aware of or being notified by the Company. The Client shall not claim any rights over such assets received in error, and the Company reserves the right to take necessary measures to recover such assets if the Client fails to comply.

4. Prohibited Activities

4.1 The Client shall not engage in any conduct that violates laws, rules, regulations or orders of any competent government authority, including but not limited to criminal laws, laws governing digital asset businesses, anti-money laundering laws, counter-terrorism laws, human trafficking laws, computer crime laws, consumer protection laws, and all types of intellectual property laws. The Client shall not infringe upon any patents, copyrights, trademarks, trade secrets or other intellectual property rights of the Company, other Clients or any third party, whether directly or indirectly.

4.2 The Client shall not use the Services for any unlawful purposes or for activities that may risk to the financial system, including but not limited to money laundering, fraud, illegal gambling, financing of terrorism or other illegal activities. This shall also include using the account as a conduit for deception, transferring funds on behalf of others or as a "mule account" to support illegal actions.

4.3 The Client shall not engage in any actions that interfere with, disrupt or cause malfunction of the Company's systems, data, or Services, including the transmission or distribution of viruses, malware, trojans, worms, harmful code or unauthorised access to systems. This prohibition applies whether through hacking, circumventing security measures, penetration testing, use of automated tools such as robots, spiders, crawlers, scrapers, by reverse engineering, decompiling or modifying the Company's software without prior written authorisation from the Company.

4.4 The Client shall not falsify, impersonate, or use another person's credentials for the purpose of opening an account, accessing the Services, or conducting transactions. The Client shall not permit any other person to use the Client Account for any reason and shall not represent yourself as another person, a Company officer, agent or any other legal entity without official authorisation.

4.5 The Client shall not publish, transmit, or communicate any information, materials or content that is false, misleading or may cause harm to the Company or other users, including any misrepresentation regarding the Services, business operations, products or any information designated by the Company as confidential. The Client shall not engage in any deceptive practices, inducement, provision of false advice, unfounded price predictions or solicitation of others to participate in transactions that may cause damage to the Company or any other person.

4.6 The Client shall not use the Services to conduct any transactions or activities intended to disrupt, manipulate, inflate prices, interfere with market mechanisms, conducting fictitious transactions, falsifying trading volumes, or otherwise engage in any illegal market regulation or actions that may cause abnormalities in the digital asset market.

4.7 Any support, promotion, incitement or solicitation of others to engage in any prohibited activity under this Clause, whether directly or indirectly, shall constitute a material breach of this Agreement. The Company reserves the right, at its sole discretion, to immediately suspend the Services, postpone transactions or terminate the Client Account without prior notice.

5. Trading Orders and Transactions

This Agreement shall apply to (1) trading or exchange of Digital Assets through the Company's Services, and (2) any services in which the Client provides funds to conduct transactions through the Client Account, including but not limited to transactions involving the exchange of digital assets for other types of digital assets executed through a designated digital asset exchange in accordance with the mechanism of the Services. Such transactions shall be subject to the following terms and conditions, by which the Client agrees to be fully bound in all respects.

5.1 Order execution: Placing an selling or buying order shall not be executed until the Company receives correctly the official fiat currency or digital assets from the Client into the designated bank account or digital asset wallet. Therefore, unexecuted buy or sell orders may be canceled in accordance with the procedures provided by the Company. The Company reserves the right to restrict, suspend or refuse the cancellation of submitted buy or sell orders as it is deemed appropriate by the Company.

5.2 Order Placement and Transaction Execution: The Client submits the order through the Services and agrees to authorise the Company to process and complete such order in accordance with the Company's service mechanisms on a spot basis. The Client further agrees that the Company may deduct any applicable fees or related charges at the rates determined by the Company and communicated through the Company-Designated Channels.

5.3 Irrevocable Transactions: Once an order has been confirmed by the Company's system, the Client agrees and acknowledges that any transaction for buying, selling, or exchanging the digital assets through the Services, once confirmed by the Client and executed by the Company, shall be irrevocable and cannot be amended or reversed. Accordingly, the Company strongly advises the Client to carefully examine all order details and related information prior to confirming any order. However, if the Services allows for the cancellation or reversal of transactions in certain cases, the Company reserves the sole right and discretion to decide whether to cancel or reverse such transactions. Any such decision shall be made at the Company's sole discretion, and the Client shall have no right to dispute or claim any compensation or damages.

5.4 Notices of Error and Abnormal Events: If there is reasonable suspicion that the use of the Services appears errors, defects, fraud, illegal activities or cybercrime, whether related to the system, the Company, the Client agrees to keep such information confidential and notify the Company immediately upon becoming aware or reasonably should have become aware of any incident, so that the Company can take appropriate measures to investigate and implement actions to prevent or mitigate any loss or damage that may occur to the Company, the Client or any other person, except in cases where disclosure is required by the law or government agency.

5.5 The Rights of the Company to Correct Errors and Reclaim Assets: In the event that the Company discovers any error, defect, or improper action, whether such errors arise from the Client, the Company, or a third party, the Company has the right, at its sole discretion, to make corrections, including but is not limited to correcting or canceling transactions, charging or refunding fees and reclaiming Thai Baht or Digital Assets that have been incorrectly transferred or received by mistake. The Company shall carry out such actions with fairness and in compliance with the relevant laws, and the Client agrees to fully cooperate in this process.

5.6 Use and Risks of Digital Asset Wallet: The Client may use the Client's Digital Asset Wallet or use through a digital asset wallet provided by other digital asset service providers, as the Client deems appropriate. In the case where the Client uses the Client's Digital Asset Wallet, such digital assets shall remain the asser of, and under the possession and risk of, the Client. The Company does not hold, possess on behalf of, or have ownership of the Client's digital assets in any way.

In the case where the Client uses a digital asset wallet provided by other digital asset service providers, the ownership, possession and liability for loss or damage of the digital assets shall be governed by the service agreement between the Client and such other service provider. The Company shall not be involved as a custodian, holder or manager of the Client's digital assets

5.7 Scope of Services for Thai Baht and Foreign Currencies: The Company provides the digital asset trading service only with Thai Baht and does not offer trading or exchange services for foreign currencies subject to the laws and regulations of the Bank of Thailand. If the Client wish to exchange Thai Baht or digital assets to foreign currencies, the Client must conduct transactions only through legally authorised business operators. The Company is not liable for foreign exchange transactions or any damages arising from such transactions.

5.8 Relationships and No Advice: The Client acknowledges and agrees that (1) the Company provides services as the Digital Asset Dealer in accordance with the Client's order, and is not an investment, financial or tax advisor; and (2) any information, material, communication or content provided from the Company to the Client does not constitute investment advice, direction or consultation. The Client is solely responsible for its own transaction decisions and should evaluate your suitability, financial position, risks and purposes.

6. Transferring and Receiving Thai Baht and Digital Assets.

The Client agrees to comply with the following rules when transferring and receiving official fiat currncies and digital assets through the Services.

In the case of a bank account: the Client must transfer or receive Thai Baht only by the Client bank account with the Client's name appeared on such bank account. The Company does not allow to use bank accounts under other person's name, regardless of whether that person is related to or has any relationship with the Client.

In the case of a digital asset wallet: the Client must transfer or receive digital assets only through the Digital Asset Wallet owned by the Client. Therefore, any digital asset wallet that the Client has notified to or registered with the Company shall be deemed to be the Client's Digital Asset Wallet.

Verification of Information: The Client must verify and ensure that all details and information used for each transaction such as the bank account number, digital asset wallet address, payment channel, amounts, exchange rates and the QR Code specified by the Company is accurate and complete before proceeding with the transfer.

Responsibility of the incorrect account or wallet: If the Client transfers Thai Baht or Digital Assets to an incorrect bank account or digital asset wallet, or in any manner that does not comply with the requirements of the Company, or to any account or wallet that does not belong to the Client all resulting loss or damage shall be the sole responsibility of the Client, and the Company shall not be liable for such loss and damage in any event.

Transaction timeframe: Upon submitting a buy or sell order, the Client must transfer Thai Baht or digital assets to the Company within the timeframe set by the Company. If the Client fails to complete the transfer within the set timeframe, the order shall be automatically cancelled, and the Client must start a new order if wishing to continue buying or selling.

Completion of delivery: Delivery shall be deemed complete as follows

Sell Order: When the Company transfers Thai Baht into the Client's registered bank account, it shall be deemed that the Company has succesfully completed delivery.

BuyOrder: When the Company transfers Digital Assets into the digital asset wallet specified by the Client, it shall be deemed that the Company has succesfully completed delivery.

Responsibility after delivery: If any disruption, delay, damage or dispute occurs after the Company has delivered Thai Baht or Digital Assets to the Client, whether from financial institutions, other digital asset wallet service providers, business operators or any other third party, it shall be considered as the sole responsibility of the Client and such relevant service providers. The Company shall not be liable for any loss or damage in any case.

Risk of using an incorrect network: the Client must ensure that each transfer of digital assets is conducted through the correct network or protocol supported by the Company, such as ERC-20, TRC-20, BEP-20 or any other network announced by the Company. In the event that the Client uses an unsupported network, specifies an incorrect network or executes a transfer incorrectly, any resulting loss or damage shall be solely the responsibility of the Client.

7. Control of Transaction

The Client acknowledges and agrees that the Company has the rights and obligations under applicable laws and regulatory policies to proceed, screen, verify and monitor of the Client, transactions, funds, digital assets, counterparties, origin and destination countries, and any other related information on an ongoing basis for a period deemed appropriate by the Company. The Company shall have the sole discretion to do any of the following, without providing the reasons to the Client, and the Company shall not be considered the breach of Agreement:

(a) Refuse, suspend or terminate all or part of the Services;

(b) Suspend, postpone or refuse to process related transactions;

(d) Report or disclose information to government authorities or regulatory agencies as required or permitted by law;

(e) Take any other actions that the Company deems appropriate to comply with the law and the compliance policies of the Company.

If any of the following events occur:

The Client breaches this Agreement, the terms of Services, or any prohibited conduct specified herein;

The Company has information or credible evidence to indicate that the Client is in any situation affecting the ability of the Client to safely and appropriately use the Services, including but not limited to; being sued for bankruptcy; entering into rehabilitation proceedings or similar circumstances; being declared missing by the court; business dissolution or undergoing liquidation, (if the Client is a legal entity); suffering from a serious impairment of consciousness or health condition that is unstable to use the Services; or the account is created by using false information, other person name, the pseudonym or the account is not created by the intention of the Client.

The information or documents provided by the Client are inaccurate, incomplete, outdated, or have reasonable suspicion regarding the accuracy of the information, the personal history of the Client, the purpose of the transaction or the source of Funds or Digital Assets, including invloving with or indicatioing to money laundering, terrorist financing, fraud or assigning other person to conduct the transaction on behalf of the Client.

The nature or form of the Client's transaction is unusual or inconsistent with the Client's financial behaviuor, usage history or information provided to the Company, including the transaction amount, frequency, frequency, time period, channel, origin-destination of the transaction or transaction structure, which may cause suspicion of the high-risk transaction or the suspicious transaction according to AML/CFT principles.

The restriction or suspension of transactions is carried out in order to comply with applicable laws, court orders or regulatory requirements, the Company is not required to disclose the reasons in detail to the Client.

The Client's bank account, Digital Asset Wallet or related services are deemed to be at risk, have been suspended, under investigation, or whn the Company identifies security concerns with the Client's Account or the systems used by the Client.

The Client or the transaction involves any individual or country that is listed on sanction lists, or located in a high-risk jurisdiction as imposed by the Company or relevant regulatory authorities.

The Company receives an order or is required from the government agency, regulatory body or court order to suspend or deny the transaction, including the right to restrict access to the Client's assets.

There is any emergency, system malfunction, market volatility or other event that may cause damage to the Client or the Services, or an event beyond the Company's control may prevent the service from being provided safely.

The provision of Services may risk to the Company, systems or other Clients. The Company reserves the right, at its sole discretion, to refuse or suspend the provision of Services without the obligation to disclose the reasons in detail to the Client.

If the transaction is required further investigation, the Company may suspend, delay, or place the transaction under a "pending verification" status, including the temporary suspension of the transfer of related Thai Baht or Digital Assets. The Company shall not be liable for any delays arising from such situations.

The Company may impose or adjust maximum transaction limits, transaction amounts or other restrictions on transactions in accordance with the risk management policies or regulatory requirements. Should any order exceed such limits, the Company may refuse, split or delay the transaction. The Client agrees to bear any risk related to price, exchange rates or fees that may occur during such period.

The Client therefore acknowledges and agrees that any delays, suspensions or refusals of the Services arising from the implementation of measures under this Clause are the result of the Company's legal obligations. The Company shall not be liable for any loss, damage or impact incurred by the Client, whether direct or indirect, in any case.

8. Verification

The Company reserves the right to monitor and verify the Client's transactions, accounts and any activities at any time, as deemed appropriate by the Company, by applying measures at the Company's sole discretion as follows:

General verification and Additional Information Requirement: The Company may verify information, account activity, sources of Funds or Digital Assets, transactions, and system usage behavior if deemed necessary for the security of the system or to comply with legal and regulatory requirements. The Company may also request additional information, documents or evidence from the Client and the Company reserves the right to delay or suspend related transactions during such verification. The Client agrees to fully and promptly cooperate with the Company.

Enhanced Due Diligence (EDD): If the Company has reasonable suspicious that the Client has committed or is involved in cybercrime, offenses under the Anti-Money Laundering Act or any other laws, or has been notified by an authorised agency that the Client may be involved in such activities, the Company shall have the right to: (a) conduct enhanced due diligence (Enhanced CDD) to assess risks and relevant facts within 24 hours (if possible), excepting the Client fails to provide all required information; and/or (b) temporarily suspend the provision of withdrawal services until the verification of Clause (a) is fully completed, or the Company determines to continue operations as safe and legal.

The Client agrees and acknowledges that the measures described in this Clause as the Company's legal obligations and shall be enforceable without the dispute. Any delays or restrictions arising from the implementation of such measures shall not be the Company liable, except as otherwise provided by law.

9. Transaction Limitation and Amount

The Clients agrees and accepts that the Company shall have the sole discretion to determine or limit:

(a) the amount of Thai Baht, Digital Assets or other assets that may be conducted per transaction.

(b) the number or frequency of transactions conducted by the Client within a given period.

For the purpose of system security and compliance with applicable laws, if the Client submits orders exceeding the set limitation by the Company, the Company shall have the right to immediately reject the transactions. Should the Company deem it appropriate to process the transaction, the Client agrees to allow the Company automatically splits the transaction into multiple transactions or postpone the process until the limitation has been over. The Client accepts to take the risks of any increased exchange rate, fee, or other charges that may arise in accordance with the Company's policies during such period, and the Company shall not be liable for any damages resulting from such delays.

10. The Right of the Company to Temporarily Suspend the Services

The Company reserves the right to suspend all or any part of the Services without prior notice in any of the following events:

For maintenance, system upgrades, or technical inspections, whether on a regular basis or urgently.

The systems or infrastructure of the Company are unable to provide the Services as unsual due to force majeure or events beyond the Company's control.

The Services cannot be provided as a result of changes in laws, regulations, court orders or orders from authorised officials.

There is any unauthorised access or use of the Services and systems, detection of risks, irregularity or system failures that may affect the security of the Services.

The Company deems it necessary, for operational, security or technical reasons to temporarily suspend the Services in order to prevent potential damage to the Company, the Client or the system.

The Company shall not be liable for any loss, damage, costs or impacts arising from the Client's inability to use the Services as a result of the suspension, delay or unavailability of the Services in accordance with this Agreement, whether directly or indirectly.

11. Intellectual Property Rights

All intellectual property related to the Services, whether appearing on the website, electronic platforms, documents, manuals, content, text, written works, graphics, images, data, computer programmes, systems, source code, algorithms, tools, processes, forms, business policies, inventions, developments, know-how, names, trademarks, service marks, or any other forms of intellectual property ("the Property of the Company"), including any intellectual property made available for viewing, use or access by the Client through the Services, whether or not such intellectual property is registered under applicable law, shall remain the sole and exclusive property of the Company or its licensors.

The Company grants Client the right to access and use the Property of the Company as deemed necessary for the personal use of the Services or for internal business only. This right is limited, non-exclusive, non-transferable and non-substitutable. Such permission is subject to the terms of this Agreement and shall exclude the following actions, unless prior written consent given from the Company:

Copying, reproducing, modifying, adapting, translating, reverse engineering, searching for source code or creating derivative works from the Property of the Company.

The sale, lease, transfer, disposal, public display or dissemination of the Property of the Company by any means whatsoever.

Registering the Property of the Company, claiming ownership or using the Property of the Company for commercial benefits, other than for the purpose of using the Services.

Any action that results in damage to the rights of the Company or its licensors or leads the general public to believe that such action is authorised by the Company without prior authorisation of the Company.

Any such right of use shall be automatically and immediately revoked upon the suspension or termination of the Client's Account or right to use the Services, in any case.

the Company's name, trademarks, content, logos or any intellectual property used or claimed by the Client or third parties shall not be deemed an endorsement, sponsorship, authorisation, partnership or any form of affiliates with the Company, nor shall such user be considered as agents or authorised representatives of the Company, unless the Company has expressly give the prior written consent.

The Company shall bear no liability for any content, information, advertisements, products or services of the Client or third parties that claim or use the Company's name, trademarks or intellectual property without authorisation. The Client agrees to have sole responsibility for any damages, claims or disputes arising from such use or claim.

12. Disclaimer of Warranties and Risk of Services

12.1 Limitation of Warranties: Unless otherwise expressly written by the Company, the Services, including all related systems, data, content, functionalities and technical components, are provided on an "as is" and "as available" basis only, without any guarantee of uptime or uninterrupted service. The Company makes no warranties, whether express or implied, with respect to: (1) Commercial regardless of the cause or circumstances.; (2) Suitability for a specific purpose, (3) Continuity, safety or free from defects of Services, (4) Accuracy, completeness or reliability of information or content, or (5) Non-infringement of the Company's rights, in any cause or circumstance.

12.2 Data and System Risks: The Client acknowledges and agrees that the storage, transmission, or processing of data through the Services may be subject to failure, delay or loss due to various factors, including but not limited to system failure, protocol updates by third parties, cyberattacks, force majeure events, system maintenance, or internet network conditions. The Company does not guarantee that such data will be secure from loss or recoverable. The Client acknowledges that the Client has the obligation to regularly back up and maintain the Client own data and accepts the risks arising from such circumstances beyond the Company's control.

12.3 Severability of Disclaimers: If any disclaimer is invalid by the laws of any jurisdiction, the other enforceable disclaimers shall remain in full force and effect. Such invalid disclaimer shall not affect any other disclaimer that is enforceable or permitted by the law. The Company reserves the fullest extent permitted by law to limit the Company's liability for any events, damages or failures that may arise from the use or inability to use the Services.

13. Limitation of the Liability

To the fullest extent permitted by law, the Company expressly reserves and limits the Company's liability in all cases other than in Clause 12 above, including but not limited to the following:

13.1 Risks Related to Investment in Digital Assets: The Client acknowledges and agrees that Digital Assets are not government-backed currency or not guaranteed by any financial institution. The Digital Assets take risks of price volatility, cybercrime, and use for illegal activities. Before using the Services, the Client confirms that the Client have studied and understood the investment in Digital Assets with the Client's investment decisions. Trading or investing in digital assets is at the sole discretion and risk of the Client. The Company has no guarantee regarding the value, market continuity, liquidity or legality of any digital asset, and shall not be liable for any loss, damage, depreciation or financial loss arising from the Client's investments or trading activities.

13.2 Digital Asset Networks and Protocols: The Client acknowledges that the Company does not own, control or manage the protocols of the Digital Assets provided through its systems. It shall be the Client's responsibility to do research the prospectuse, operational methods, characteristics, and risks of each digital asset as such information is publicly available, verifiable, and traceable. The Company shall not be liable for any loss, damage or financial loss resulting from the nature or changes of such protocols or digital asset systems.

13.3 Cybercrime Risks Not Caused by Company's Serious Error: The Client acknowledges that the Company has implemented reasonable system security measures. Should a cybercrime or system attack occur that is not caused by fraud, material breach of duty or gross negligence by the Company, its directors, executives, employees, personnel or contractors, any resulting loss or damage shall be borne solely by the Client. The Company shall not be held liable for such loss or damage.

13.4 Storage and Security of Client Bank Accounts and Digital Asset Wallets:

The storage, transfer or receipt of Thai Baht, digital assets, or other assets of the Client may involve with bank accounts, digital asset service providers, or other outsource service providers. The Client acknowledges and has sole responsibility for establishing and securing passwords or authentication factors, regularly changing passwords, monitoring account balances and transactions, and preventing unauthorised access to accounts or wallets. Any loss or damage to Thai Baht, digital assets, or other assets in the Client's bank accounts or digital wallets shall be the sole responsibility of the Client, and the Company shall bear no liability.

13.5 Client Hardware, Software, and Malware: The Client is responsible for providing and maintaining the necessary hardware, software, operating systems, antivirus programs and other devices required to use the Services. The Client must ensure proper care when opening emails, links, websites, applications, or other communication channels claiming to be related to the Company and verify the Client's accuracy before conducting any transaction. The Company shall not be liable for any loss or damage caused by computer viruses, malware, spyware, trojans, worms or cyberattacks resulting from the Client's negligence or the use of your own devices.

13.6 Errors in Transferring to Orders or Destination Caused by the Client: If any loss or damage arises from incorrect, incomplete or unclear information provided by the Client whether the trade amount, currency, type of digital asset, bank account number or digital wallet address, the Client shall bear sole responsibility. The Company shall not be liable for any loss or damage resulting from such errors under any circumstances.

13.7 Termination or Modification of Digital Asset Services: In the event that the Company deems it appropriate to terminate or modify the provision of any type of digital asset or certain services, the Company may announce and set a date and time for termination in advance as deemed appropriate or immediately terminate in the case of emergency or in compliance with legally valid orders. If the Company has acted in accordance with its internal guidelines and the relevant regulatory requirements, the Client agrees and acknowledges that the Company shall have no liability, whether for tort, asset damage or any other liability in connection with such termination or modification of the Services.

13.8 Publicity, Prospectuses, and Online Media of the Third Parties: Any descriptions, advertisements, prospectuses, statements, information or documents appearing on the website or other publicity channels of the Company are intended for information purposes only and shall not be considered as an endorsement, advice or guarantee regarding beneficial returns, investment or the legality of any asset or service. The Client is responsible for carefully studying the information and making your own decisions before conducting any transactions. If the Client receives information through social media, third-party channels or content beyond the Company's control, the Company does not guarantee the accuracy, completeness or reliability of such information. Accordingly, the Company expressly disclaims any liability for any damage arising from the claim, reliance on or use of such information, whether directly or indirectly.

13.9 Deception by Third Parties: Fraud, scams, impersonation, phishing attacks, the use of mule accounts, or other forms of technology-related crime are the risks beyond the Company's control. The Client is responsible for ensuring that any communications or transactions related to the Company are conducted solely through the Company-Designated Channels. The Company has no policy of requesting passwords, one-time passwords (OTP), private keys or seed phrases under any circumstances.

13.10 Force Majeure: The Company shall not be liable for any force majeure events, losses, damages or failures arising from force majeure or events beyond the Company's reasonable control, whether directly or indirectly, including but are not limited to, natural disasters, fire, war, civil unrest, strikes or labour disputes, power outages, failures of communication systems, internet network disruptions, unavailability of third-party technology systems or other similar events. The Company shall have no obligation or liability for any consequences arising from such events, unless otherwise required by applicable law.

13.11 Use of Services in Connection with Potentially Unlawful Activities: The Client acknowledges and agrees that fraud, scams, impersonation, phishing attacks, the use of mule accounts or other forms of technology-related crime are risks beyond the Company's control. The Client is responsible for ensuring that any communications or transactions related to the Company are conducted solely through the official channels designated and announced by the Company. The Company has no policy of requesting passwords, one-time passwords (OTP), private keys or seed phrases under any circumstances. Any loss or damage arising from reliance on, deception by or impersonation of persons claiming to be associated with the Company shall be deemed to be the Client's own risk and responsibility, and the Company shall not be liable for or guarantee the recovery of any such assets.

13.12 Severability of Limitation of Liability: If any limitation of liability is invalid by the laws of any jurisdiction, the other enforceable limitations of liability shall remain in full force and effect. Such invalid limitation of liability shall not affect any other limitations of liability that are enforceable or permitted by the law. The Company reserves the fullest extent permitted by law to limit the Company's liability for any events, damages or failures that may arise from the use or inability to use the Services.

13.13 Exception to Limitation of Liability for Regulatory Obligations: All limitations of liability under Clauses 12 and 13 shall not be deemed to exclude, reduce or limit the Company's liability in cases where damage directly arises from the failure of the Company, its directors, executives or personnel to comply with the requirements imposed under the Notification of the Securities and Exchange Commission No. GorThor. 19/2561 re: Rules, Conditions, and Procedures for Digital Asset Business Operations, or any other applicable laws.

14. The Company's Liability Cap

To the fullest extent permitted by applicable law, and without prejudice to the limitations of liability set forth in Clauses 12 and 13 above, the Client acknowledges and agrees that the total aggregate liability of the Company, whether arising in contract, tort, negligence or otherwise, and arising from or in connection with the Client's use of the Services under any liability, shall not exceed the amount of actual Service fees, which the Company received from the Client within the six (6) months prior to the date of the event giving rise to the claim for damages. For the avoidance of doubt, such total aggregate liability shall be the limit of liability for the total duration of the dispute and shall include all damages, expenses, lost opportunities, fines, legal costs, and any other liability, whether direct or indirect, whether the claim arises from a single cause or multiple related causes, and whether the damage was foreseeable or not. The Company shall not be liable for any exceeding of such total liability limit under any circumstances.

15. Indemnification

The Client agrees to defend, indemnify and hold harmless the Company, including its directors, executives, employees, agents and affiliated companies, from and against any and all claims, allegations, liabilities, actions, damages, losses or expenses arising from or in connection with the Client use of the Services, any act or omission of the Client, any suggestions or information provided by the Client to the Company, any breach or non-compliance with this Agreement, or any infringement of the rights of any individual or legal entity, including but not limited to reasonable attorneys' fees and all related litigation costs.

In the event that the Client is binding to provide such indemnification, the Company shall have the sole and exclusive right, at its discretion, to control of and conduct any legal action or proceeding related to such claims, whether through litigation, negotiation or settlement. The Company may exercise such right without requiring the Client's consent and may manage or resolve such disputes as it deems appropriate, at the Company's own expense, provided that the Client's indemnification and obligations under this Agreement shall remain in full force and effect.

16. Notices and Electronic Communications

16.1 Consent to Receive Electronic Communications: The Client agrees and consents that the Company may deliver any information, documents, contracts, agreements, notices, account statements, receipts, financial transaction reports, disclosures or any communications relating to the Client's account or use of the Services ("Communications") to the Client in electronic form, whether by:

(a) display through the Company's systems;

(b) using emails to the email address provided by the Client;

(d) communicating through other electronic channels through which the Company interacts with the Client.

Any charge from the Client's network service provider or internet service provider may arise from such Communications, and the Client shall be solely responsible for such charges. The Client should keep copies of any Communications received by downloading or printing them for future reference.

16.2 Device and System Requirements for Accessing Information: The Client must provide and maintain sufficient device, software, internet connectivity and storage capacity to access and retain electronic communications, including but not limited to internet-enabled devices, up-to-date web browsers that support data encryption and a functional email account with adequate storage capacity. Any failure or error in the Client's device or systems shall not be the responsibility or liability of the Company.

16.3 Contact Information Update: The Client is responsible for accurating and keep updating email address, telephone number and other contact information at all times, including regularly checking your email inbox, spam folder and message settings to ensure receipt of Communications from the Company. If the Company sends Communications to the privious contact information provided by the Client but the Client does not receive due to outdated, incorrect, suspended information or automatic filtering systems, such Communications shall be deemed to have been duly delivered to the Client.

If the contact information becomes unusable and Communications are returned undeliverable, the Company may suspend the Client's account or temporarily restrict the Client's transactions until the Client updates and verifies complete and accurate contact information.

17. Privacy Notice

The Client acknowledges and agrees that the collection, use, processing, disclosure or any other operation of the Client's personal data in connection with the Services shall be in accordance with the Company's "Privacy Notice." The Client should acknowledge such notice to understand the purposes, methods of use, data subject rights and the protection of personal data provided by the Company in accordance with applicable laws.

18. Governing Law

Both Parties agree that the laws of the Kingdom of Thailand shall govern and be used to interpret this Agreement, and the Thai courts shall have jurisdiction over any disputes arising from or relating to this Agreement, its validity, effect, interpretation and implementation, including any legal relationships arising under this Agreement.

19. Language

The Thai language shall be the official language governing and used for the interpretation of the intentions of this Agreement, including all communications and notices between the Client and the Company. Translations into other languages may be provided for convenience. However, in the event of any discrepancy or conflict between the Thai context and any translation, the Thai language shall prevail and take precedence in all cases.

20. Validity

If any provision, term or condition of this Agreement is held to be void, unenforceable or invalid, in whole or in part, the remaining provisions, terms, or conditions shall continue to be fully enforceable. The Company and the Client agree to make reasonable efforts to negotiate a substitute provision that is lawful and as close as possible to the original intent of both Parties.

21. Waiver

The Company's failure, delay or partial exercise of any right under this Agreement shall not be deemed a waiver of such right, and shall not preclude the Company from exercising such rights at a later date, or from exercising any other rights under this Agreement or the law.

22. Transfer of Rights and Obligations

22.1 The Client cannot transfer, delegate, sell, transfer or otherwise give any rights, duties or obligations under this Agreement to other third parties, whether in whole or in part, directly or indirectly, or by operation of law, change of control, or any other event resulting in the rights or obligations being transferred to any third party, except received the prior written consent of the Company.

22.2 The Company may transfer, delegate or transfer any or all of its rights, duties or obligations under this Agreement to any individual or legal entity as it deems appropriate, whether or not the Client is notified. Such transfer shall not require the Client's consent or approval and shall not constitute a breach of this Agreement.

23. Headings

The headings of each clause or paragraph in this Agreement are provided for reference only and do not constitute material importance of the Agreement and may not be used to limit, expand or interpret the content of the Agreement in any way.

24. Consent and Binding Effect

24.1 Acceptance of this Agreement: The Client expressly confirms and declares your intention that the Client has read, understood and consented to be bound by all terms and conditions set forth in this Agreement prior to accessing or using the Services. If the Client does not agree to any provision of this Agreement, the Client must refrain from registering for, accessing or using the Services.

24.2 Amendment of the Agreement

The Company shall have the sole discretion to amend, update or supplement this Agreement at any time and shall notify the Client of such amendments through any channel deemed appropriate by the Company, including but not limited to publication on the website, email notification or notify via the system, with the "Last Updated" on the amended Agreement. For existing Clients, continued use of the Services after being notified of such amendments shall constitute the Client's full acceptance and agreement to be bound by the amended Agreement. The amended Agreement shall take effect immediately upon the effective date specified by the Company.

If the Client does not agree with the amended Agreement, in whole or in part, the Client must immediately cease using the Services and contact the Company to terminate the Services or close the account in accordance with the procedures specified by the Company. The Company shall not be liable for any damages arising from the Client's termination of or failure to terminate the Services in accordance with such procedures.

25.Entire Agreement and Priority

This Agreement constitutes the entire agreement between the Company and the Client regarding the use of the Services and supersedes any prior or contemporaneous agreements, understandings, or negotiations, whether written or oral, relating to the same subject matter.

This Agreement does not intend to amend or replace the terms and conditions of any other electronic or written agreements that the Client may have entered into with the Company for other services, products, or different services of the Company. In the event of any conflict between this Agreement and such other agreements or contracts, the specific agreement or contract shall prevail over this Agreement only to the extent that this Agreement explicitly states that it is superseded by such agreement or contract.

26. Survival of Provisions After Termination of Services

The termination of this Agreement, Services or the Client's account, for any reason, shall not affect the enforcement of any provisions of this Agreement as its nature, intent or content are interpreted to survive after termination, including but is not limited to, the following:

(1) Rights, obligations and liabilities that have arisen or remain prior to the termination date, including confirmed transactions, outstanding fees/charges, obligations to return asset received by failure, or indemnification arisen before termination.

(2) Clauses 7-10 (Control of Transaction, Verification, Transaction Limitation and Amount, The Right of the Company to Temporarily Suspend the Services), solely to the extent related to compliance with laws, screening/monitoring, verification, reporting, and/or the retention or disclosure of information as required or permitted by law.

(3) Clause 11 (Intellectual Property Rights).

(4) Clauses 12-14 (Disclaimer of Warranties and Risk of Services, Limitation of the Liability, The Company's Liability Cap).

(5) Clause 15 (Indemnification).

(6) Clauses 16 (Notices and Electronic Communications) and Clause 17 (Privacy Notice), solely to the extent related to the collection, use, disclosure or processing of information for legal purposes, fraud/crime prevention and enforcement, system security, and/or dispute resolution.

(7) Clauses 18-21 (Governing Law, Language, Validity, Waiver) and Clause 22 (Transfer of Rights and Obligations), solely to the extent that, on the as is baisi by its nature intended to survive termination.

(8) Clause 27 (Contact Information), with respect to communications related to the account closure, complaints, checking, dispute resolution and legal compliance after termination.

The surviving provisions shall be continuously in effect after termination to the extent necessary for the purpose of the respective provision, and as permitted by applicable law, without being limited by the service duration or the Client's account status.

27. Contact Information

Unless otherwise announced by the Company, all contact with the Company regarding the use of the Services, including inquiries, complaints, submission of updates or changes to information, reporting of incidents or requesting for assistance, shall be made through the following contact channels only.

Email: support@1109x.com

Last Updated 11 December 2025