This Terms of Service (this “TOS”) constitutes a legally binding agreement made between you as the user of Bitkub Metaverse (“you”, "your", or the “User”), and XRB Galaxy PTE. Ltd., the company incorporated and registered in Singapore ("we", "us", "our" or "XRB").

Bitkub Metaverse is (1) the Metaverse created, developed and operated by XRB, the game master and game publisher which uses the name ‘Bitkub Metaverse’ for marketing purposes; and (2) one of the universes of the XRB Galaxy Verse on the Bitkub Chain, the technology infrastructure and blockchain service provided by Bitkub Blockchain Technology Co., Ltd. (“Bitkub”).

Definition

“Affiliates” means a juristic person, any juristic person that, directly or indirectly, Controls, is Controlled by, or is under common Control with, the first person.

“Alleged Infringing Copyright Material” shall have the meaning as specified in Clause 4.3 (2).

“Applicable Law” means all legally binding laws, statutes, regulations, subordinate legislation, by-laws, orders and decrees of any governmental authority, and any judgments, decisions and injunctions of any court or tribunal, in each case having jurisdiction over the matter in question.

“Bitkub Chain” means the Blockchain infrastructure service provided by Bitkub.

“Bitkub NEXT” means the decentralized Digital Asset wallet service provided by Bitkub which is compatible with Bitkub Metaverse.

“Blockchain” means an immutable digital ledger that chronologically records computationally verified transactions or other data.

“Conditional Use” means the activities as specified in Schedule 1.

“Connected Decentralized Applications” shall have the meaning as specified in Clause 2.1 (5).

“Control” means having direct or indirect power to direct or cause the direction of the management or policies of an entity, including the right to veto decisions, whether through the ownership of voting interests, by agreement or otherwise, and “Controlled” has a correlative meaning.

“Decentralized Application” means a digital application or program that runs on network of computers and utilizes the Smart Contracts to access Blockchain network and enforce each term of agreement set out in the Smart Contract.

“Digital Asset” or “DA” means cryptocurrency, digital token, Non-Fungible Token and other types of digital token and currency classified to be the digital or virtual assets under the Applicable Law.

“Gas Fee” means the fee charged to the user of Blockchain in order to engage in a transaction or other operation on Blockchain.

“Infringement Claim Counter-Notice” shall have the meaning as specified in Clause 4.3 (3).

“Infringement Claim Notice” shall have the meaning as specified in Clause 4.3 (2).

"Intellectual Property" means, including but not limited to, the inventions, discoveries, works of authorship, symbols, names, logos, and images used in commerce, domain names, software, algorithms, designs, databases, data, know-how, technology, and/or other property of similar nature.

"Intellectual Property Rights" means the rights, titles, and interests (under any jurisdiction, whether protectable or not, and whether registered or unregistered) in and to Intellectual Property, including without limitation the patents, copyright and similar authorship rights, personal rights (such as moral rights, performance rights), database rights, mask work rights, trade secret and similar confidentiality rights, design rights, trademarks, and any other intellectual property or proprietary rights, as well as all related applications of such rights and goodwill.

“Losses” means any and all costs, expenses (including reasonable attorneys’ fees on a full indemnity basis as permitted by a competent court), claims, demands, losses, damages, diminution in value, liabilities, obligations, deficiencies, actions, lawsuits and other proceedings, judgments and awards, whether or not involving a third party claim, suffered or incurred by a person.

“Metamask” means the software cryptocurrency wallet developed by ConsenSys Software Inc. used to interact with the Ethereum Blockchain and compatible to and be able to operate with other Blockchains.

“Metaverse” means a persistent set of online worlds that are interconnected within a single synchronous virtual universe in which physical reality, Augmented Reality (AR) (an immersive experience created by integrating computer-generated virtual objects or sensory stimuli into the user’s real-world environment), and Virtual Reality (VR) (an immersive experience in a fully stimulated digital environment) converge for communities of users or players

“Metaverse Content” means all content, information and materials, (for example – without limitation – text, images, animations, databases, icons, buttons, interface, pictures, videos, graphics, computer graphics, including 2D and/or 3D computer graphics, sounds and music, etc.), and other digital materials created in order to become incorporated and embedded components of electronic applications and digital media of Bitkub Metaverse and all other elements of the Services, including the rights therein and any derivatives therein. For avoidance of doubt, the Virtual Real Property, the Virtual Items, the User-Submitted Content and the User-Generated Content in Bitkub Metaverse are also the Metaverse Content.

“Non-Fungible Token” or “NFT” means Non-Fungible Token which is the unique cryptographic token that exists on the Blockchain with unique identification codes that distinguishes and represents individuals’ identities, properties, rights and others.

“PINs” means the electronic personal identification numbers set out by the User in order to use the Services under this TOS.

“Prohibited Use” means the activities as specified in Schedule 1.

“Services” means all aspects, features, applications, Decentralized Applications, Software, downloads offered by XRB in relation to, in connection with, and/or via Bitkub Metaverse including but not limited to the Website, Metaverse Content, User-Generated Content, User-Submitted Content, User-Virtual Activities Content, Virtual Real Property, Virtual Item, Bitkub NEXT and Metamask features as integrated in Bitkub Metaverse.

“SGD” means Singapore Dollar, the currency of Singapore.

“Smart Contract” means an immutable protocol or set of computer programs that follows pre-defined rules to enforce or self-executed agreed-upon obligations automatically and without the involvement of third parties.

“Software” is the software provided to the User by XRB and/or its representative under the license for use of the Services, including but not limited to the software for accessing the Services and any communication software, whether facilitating text-based, chat-based, voice, audio or other communication within or outside of the Services, and any application program interfaces (the “API”) for use with the Services.

“Subsequently Added DA Wallet” means the digital wallet that XRB may be added by XRB be compatible with Bitkub Metaverse.

“User Account” means the account available to be opened by the User for participation in Bitkub Metaverse.

“User-Generated Content” means the Metaverse Content that is information and/or content that the User of the Services creates in Bitkub Metaverse.

“User-Submitted Content” means the Metaverse Content that is information and/or content that the User of the Services submits, publishes or posts to Bitkub Metaverse and/or via the Services.

“User-Virtual Activities Content” means the Metaverse Content appearing as any activity, quest, campaign, function and feature arranged by the User (other than XRB) in Bitkub Metaverse.

“Virtual Items” means the Metaverse Content appearing as digital in-game items, in-game utilities, and any other digital forms compatible to Bitkub Metaverse, including any User-Submitted Content, or User-Generated Content of such nature.

“Virtual Real Property” means the Metaverse Content appearing as the graphical representation of three-dimensional virtual world space/landmark/location in Bitkub Metaverse, in which XRB or the users may utilize its functions to create other Metaverse Content such as buildings, farms, concessions and any other things on space/landmark/location made available with tools provided by XRB. For avoidance of doubt, the buildings, farms and concessions as available in Bitkub Metaverse is also the Virtual Real Property.

“Website” means the website relating to Bitkub Metaverse created by XRB and/or announced to the User which contains terms and conditions or other contents relating to Bitkub Metaverse.

“Yellow Paper” means the document that specifies the information and detail about gameplay of the Bitkub Metaverse.

USER, USER ACCOUNT, USAGE AND AVAILABLE SERVICE

General

The User participates in Bitkub Metaverse at their own discretion and appropriately understands the accuracy, completeness, and usefulness of any risks and information including acknowledgement of this TOS and other terms and conditions announced by XRB.

Pursuant to Clause 2.4.5, XRB makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of the Services. You acknowledge that your use of the Services is subject to the risk that you knowingly assume it and make your decisions to participate in the Services.

2.1 Use of User Account DA Wallet

(1) Registration: the User is required to register and create a Bitkub Metaverse account (the “User Account”) before use and access to Bitkub Metaverse.

(2) Connect with Digital Asset wallets: the User Account shall be used to connect with Bitkub NEXT account, Metamask account and/or any Subsequently Added DA Wallet account in order to enter into Bitkub Metaverse. The User shall be subject to the terms and conditions of each Digital Asset wallet used by the User in connection with Bitkub Metaverse. XRB is not responsible for any liability and/or duty for monitoring such Digital Asset wallets. Bitkub Metaverse is compatible to those Digital Assets that XRB, by its sole discretion, decides to support only, and the Digital Asset that we support may vary from time to time at our own discretion.

(3) Right in the User Account: you accept and agree that you are permitted to use the User Account to participate in Bitkub Metaverse only. Other than the Digital Assets in Bitkub NEXT account, Metamask account and/or any Subsequently Added DA Wallet account, XRB shall have all rights, title and interest to the User Account, to the extent permitted by the Applicable Law.

(4) Payments and Transactions

XRB may collect the fee when the User conducts particular transaction as set out in Bitkub Metaverse, which XRB will notify the User on or before such fee collection is implemented in Bitkub Metaverse.

Payment within Bitkub Metaverse is a closed-system and only limited to transaction relating to (i) the Metaverse Content; (ii) purchase of in-game currency; and/or (iii) any other functions as made available within Bitkub Metaverse. All payments shall be proceeded through the User’s Bitkub NEXT account, Metamask account and/or any Subsequently Added DA Wallet account. You must provide, make available and maintain connection of your Bitkub NEXT account, Metamask account and/or any Subsequently Added DA Wallet account with your User Account, including to perform and comply with any other requirements, subject to the terms and conditions of Bitkub NEXT, Metamask and/or any Subsequently Added DA Wallet accordingly.

If the User conducts transactions via Bitkub Chain or any other Blockchain associated with Bitkub Metaverse and such transaction causes XRB to pay any cost, XRB is entitled to charge the Gas Fee from the User for such transactions. XRB shall not be responsible for any other chargeable fees, including but not limited to royalties, charged by the NFT seller or the NFT creator.

(5) Connection with Decentralized Applications: some Metaverse Content in Bitkub Metaverse may be connected to the Decentralized Application for availability to use (the “Connected Decentralized Applications”) and the User shall be subject to the terms and conditions of each Connected Decentralized Applications. XRB shall not be liable to any use occurred from the Connected Decentralized Applications.

2.2 User Security Information

The User shall be solely responsible for the safeguard and confidentiality of, including to use adequate security procedures for, the PINs, User ID, API keys, cryptographic key, seed phase and password of the User Account, Bitkub NEXT account, Metamask account and/or any Subsequently Added DA Wallet account including any Software used for Bitkub Metaverse (the “User Security Information”). The User shall be solely responsible for any improper and unauthorized use of the User Security Information made by any person.

The User shall be solely responsible for any Losses or compromise of the User Security Information due to any improper and unauthorized access made by any person including the loss or theft of any Digital Asset held in Bitkub NEXT account, Metamask account and/or the Subsequently Added DA Wallet.

The User shall be solely responsible for keeping the User’s email address, contact information, and any other information as requested by XRB up to date. XRB shall not be liable for any non-notified information that the User does not notify or update to XRB.

2.3 User’s Representation and Warranties

You represent and warrant that:

(1) all information submitted by you are true, not misleading, accurate and complete;

(2) you have full legal right, power and authority to enter into and to perform your obligations under this TOS and the transactions contemplated by it;

(3) you have not been included in any trade embargoes or economic sanctions list, or in violation of any anti-money laundering law;

(4) you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights for any information that you submit, post or display on or through the Services;

(5) you have carefully and thoroughly read and understood this TOS; and

(6) your access and use of the Services will be in accordance with the Applicable Law.

2.4 User-Virtual Activities Content and Prohibited Uses, Prohibited Business, and Conditional Use, Privacy, Availability of the Services and Metaverse Content in Bitkub Metaverse

2.4.1 Other than the terms and conditions under this TOS, the User shall be subject to other terms and conditions in relation to the Services.

2.4.2 User-Virtual Activities Content: Other than the terms and conditions under this TOS, once you participate in each User-Virtual Activities Content, you shall be automatically subject to additional terms and conditions (if any) set out by XRB and/or other Users who owns the User-Virtual Activities Content. In the event of a conflict amongst the agreements within Bitkub Metaverse, this TOS shall prevail unless as expressly specified otherwise.

The User acknowledges and agrees that XRB may monitor information and content contained in any User-Virtual Activities Content and relevant websites of User-Virtual Activities Content and XRB may take down, suspend and/or terminate information and content that violates the terms and conditions under this TOS.

2.4.3 Prohibited Use, Prohibited Business and Conditional Use

The User agrees and undertakes that the User shall not engage in, act, perform or do any Prohibited Business and Prohibited Use as specified in Schedule 1 via the User’s use of Bitkub Metaverse, the User’s interactions with other Users and/or within Bitkub Metaverse.
The User may do the activities as listed in Conditional Use of Schedule 1 under the condition as specified therein.
XRB reserves the right, at all times, to monitor, review, retain, take action and/or disclose any information as necessary to comply with any Applicable Law, orders, legal process or governmental request in relation to any Prohibited Business, Prohibited Use and/or Conditional Use.

2.4.4 Privacy

General

By use of the Services, you agree to the collection, use, disclosure and processing of personal data and information relating to this TOS as described in our Privacy Notice.

Privacy of Others

If the User receives any information relating to other User through Bitkub Metaverse by any means, the User shall keep such information as strictly confidential and shall only use such information in connection with and in Bitkub Metaverse.
The User shall not disclose or distribute other User's information to any person or use the information except as reasonably necessary to effectuate relevant functions and other functions reasonably incidental thereto such as complaint or support request unless the User receives the User’s express consent in advance to do so.

2.4.5 Availability of the Services and Metaverse Content in Bitkub Metaverse

XRB may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or remove, whether in whole or in part, Metaverse Content or the provision of any Services, and XRB shall not be liable if any of such upgrade, modification, suspension or removal prevents you from accessing and/or using Bitkub Metaverse or any part of the Services.

3. INTELLECTUAL PROPERTY

3.1 Ownership of Intellectual Property

(1) General

Bitkub Metaverse, and the Services are the Intellectual Property of XRB and/or its licensors (as the case may be).

You acknowledge and agree that all Intellectual Property Rights, in and to the Bitkub Metaverse and the Services are owned by XRB and/or its licensors (as the case may be) and XRB and/or its licensors reserves all rights not explicitly granted under this TOS or elsewhere under any additional terms and conditions as prescribed by XRB.

(2) Trademarks

XRB, and its associated logos, names and marks are our trademarks and Intellectual Property. No right or license with respect to any use of our trademarks are granted to you, unless granted pursuant to any additional terms and conditions as prescribed by XRB.

Notwithstanding, you hereby agree that any mark, name, and/or logo you submit to Bitkub Metaverse and/or the Services shall be considered as part of the User-Submitted Content and shall be subject to the terms and conditions of User Content as stipulated in Clause 3.1 (4) herein.

(3) Limited License

(a) Subject to your compliance with this TOS, XRB hereby grants to you a non-exclusive, limited, revocable, non-transferable license to use and access Bitkub Metaverse and the Services, with operating systems set out by XRB on which Bitkub Metaverse and the Services are designed to operate.

(b) You may not modify, copy (except for a single transient copy required to operate Bitkub Metaverse and the Services on your operating systems), distribute, transmit, display, perform, reproduce, publish, create derivative works from or adapt, sell, rent, lease, sublicense, or otherwise transfer or make available the Bitkub Metaverse and/or the Services, in all or in part. Further, you may not use any automation tools, macros, bots, auto-typers and tools to circumvent any technical mechanisms or protections in place, or exploit any known faults or bugs in Bitkub Metaverse and/or the Services.

(c) No other rights in or to the Bitkub Metaverse and the Services are granted, unless any other rights are granted pursuant to any additional terms and conditions as prescribed by XRB.

(d) XRB reserves the right to stop offering Bitkub Metaverse and/or the Services at any time, either permanently or temporarily, at which point any license granted to you by this TOS and/or any additional terms and conditions, will be automatically and immediately terminated.

For the avoidance of doubt, the termination of your User Account will result in the automatic and immediate termination of any license granted to you by this TOS, and any additional terms and conditions.

(4) User Content

(a) User-Submitted Content

By submitting User-Submitted Content, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to submit the User-Submitted Content, and you agree to (i) grant XRB and its licensors a perpetual, worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, display or to use or exploit in any other manner the User-Submitted Content, including the right to make such content available to other Users, companies or organizations through Bitkub Metaverse, the Services and/or through any other media without any obligation including any obligation to pay royalties or other compensation to any person or party; and (ii) grant other Users a non-exclusive license to access, use, reproduce, distribute, prepare derivative works of, display, or to use in any other manner the User-Submitted Content on the Bitkub Metaverse via the Services.

(b) User-Generated Content

Such Users who create User-Generated Content hereby agree to (i) grant XRB and its licensors a perpetual, worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, display or to use or exploit in any other manner the User-Generated Content, including the right to make such content available to other Users, companies or organizations through Bitkub Metaverse, the Services and/or through any other media without any obligation including any obligation to pay royalties or other compensation to any person or party; and (ii) grant other Users a non-exclusive license to access, use, reproduce, distribute, prepare derivative works of, display, or to use in any other manner the User-Generated Content on the Bitkub Metaverse via the Services.

(c ) Removal of Content

We have no obligation to actively monitor and/or moderate the User-Submitted Content or User-Generated Content, however, XRB shall reserve the right to remove and/or refuse to publish any User-Submitted Content or User-Generated Content if we have reasonably believed that such content has violated this TOS, the Applicable Law, infringes any Intellectual Property Rights of any person or entity, and/or could create liability to XRB, its licensors, and/or other Users.

(5) Virtual Items and Virtual Real Property

(a) Virtual Items

(i) You agree and acknowledge that any of such Virtual Items obtained by you within Bitkub Metaverse are licensed to you by XRB under the terms and conditions of this TOS. XRB makes no guarantee as to the nature of the functions and/or features of Bitkub Metaverse that will be accessible through the use of Virtual Items, or the availability or supply of the Virtual Items.

(ii) Virtual Items may be exchanged with other Users within Bitkub Metaverse through the tools and features made available within Bitkub Metaverse or by its mechanism as determined by XRB.

(iii) Some Virtual Items may expire or may be removed from Bitkub Metaverse. Once expired or removed, it will no longer be available for use in Bitkub Metaverse and no refund and any compensation or reimbursement will be provided.

(b) Virtual Real Property

(i) Some parts of Metaverse Content may be made available as Virtual Real Property obtainable by the Users in Bitkub Metaverse, in which the Users may utilize its functions to create the Virtual Items, and/or for other features as made available by XRB. You agree and acknowledge that any of such Virtual Real Property obtained by you within Bitkub Metaverse are licensed to you under this TOS. XRB makes no guarantee as to the nature of the function and/or features of Bitkub Metaverse that will be accessible through the use of Virtual Land, or the availability or supply of the Virtual Land.

(ii) the Virtual Real Property as obtained by the Users may only be transferred to other Users pursuant to the functions, features, system and/or mechanisms of Bitkub Metaverse as set out by XRB.

(iii) You agree that XRB shall have the right to manage, regulate, control, modify and/or eliminate such Virtual Real Property as it sees fit and that XRB shall have no liability to you based on its exercise of such right.

4. User Feedback, Queries, Complaints

4.1 General

Main Contact Channel: if you have any feedback, questions, complaints or any communication to convey to us, please contact us via our User support email of contact@xrbgalaxy.com (the “Main Contact Channel”).

4.2 Take Down Notice due to Illegal Computer Data

4.2.1 For Thai Users: please find the procedure for the take down of Thai Illegal Computer Data in Schedule 2.

4.2.2 For Users of other jurisdictions: the definition of illegal computer data is varied upon jurisdiction. Please find the procedure for the take down of International Illegal Computer Data in Schedule 2.

4.3 Copyright Infringement Claims

(1) Disclaimer:

(a) Before proceeding, please consider whether or not the use of copyright could be considered fair use under the Applicable Law. If you knowingly materially misrepresent that a material is infringing, you may be liable to damages under the Applicable Law, and your account may be suspended or terminated pursuant to Clause 4.5 of this TOS.

(b) For avoidance of doubt, we, by our sole discretion, reserve the right to take down only the Alleged Infringing Material that explicitly appears in Bitkub Metaverse.

(2) Infringement Claim Notice

Delivery of Infringement Claim Notice

If you are a copyright owner or an agent of the copyright owner and believe that any material on the Services, or Bitkub Metaverse infringes upon your copyright-protected work (the “Alleged Infringing Copyright Material”), you may contact us via the Main Contact Channel by delivering to us a takedown notice of the Alleged Infringing Copyright Material (the “Infringement Claim Notice”) and providing us with the following information:

Contact information, including your legal name, address, telephone number and email address;
A description of the Alleged Infringing Copyright Material and where it is located;
A statement by you that you have a good faith belief that the use of the Alleged Infringing Copyright Material is unauthorized and that you are the copyright owner of the Alleged Infringing Copyright Material or authorized to act on the copyright owner’s behalf;
A statement by you that the above information in your Infringement Claim Notice is true and accurate; and
An electronic or physical signature of you or the person authorized to act on behalf of the copyright owner.

Action upon Receipt of Infringement Claim Counter-Notice

Upon receipt of the Infringement Claim Notice, we shall:

Send a copy of the Infringement Claim Notice to the User who posted the Alleged Infringing Copyright Material to allow such User to object by providing a counter-notice as specified below.
Suspend access to the Alleged Infringing Copyright Material within reasonable time.

(3) Infringement Claim Counter-Notice:

Delivery of Infringement Claim Counter-Notice

If you obtain the copy of the Infringement Claim Notice, and you believe that your Alleged Infringing Copyright Material is not infringing or you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the Applicable Law to use the material, you may send a counter-notice to us (the “Infringement Claim Counter-Notice”) via the Main Contact Channel and providing us with the following information:

Contact information, including your legal name, address, telephone number and email address;
A description of the Alleged Infringing Copyright Material which was suspended;
A statement that you are the copyright owner or authorized to act on the copyright owner’s behalf or evidence of;
A statement by you that the above information in your Infringement Claim Counter-Notice is true and accurate; and
An electronic or physical signature of you or the person authorized to act on behalf of the copyright owner.

Action upon Receipt of Infringement Claim Counter-Notice

Upon receipt of the Infringement Claim Counter-Notice, we shall:

Send a copy of the Infringement Claim Counter-Notice to the User who made the Infringement Claim Notice and inform them that the Alleged Infringing Copyright Material will be unsuspended after a period of 30 (thirty) days from the date of our receipt of the Infringement Claim Counter-Notice.
Unsuspend the Alleged Infringing Copyright Material within 15 (fifteen) days after the 30 (thirty) day period has ended, unless the copyright owner files an action seeking a court order.

(4) Repeat Infringer Policy: if we receive 2 (two) or more Infringement Claim Notice from a copyright owner or their authorized representative and we have reasonable belief that such User has infringed on the other User's copyright, the User Account associated with such infringement will be terminated pursuant to Clause 4.5 (3).

4.4 General Complaint

(1) Acknowledgement of Complaint:

Apart from the procedures and systems for the Take Down Notice due to Illegal Computer Data as specified in Clause 4.2 and the Copyright Infringement Claims as specified in Clause 4.3, of which are the specific complaint handling system for specific issues, the User may send the complaint to XRB via the Main Contact Channel. Upon receipt of a complaint submitted by the User, we shall contact the User within 7 (seven) days to acknowledge the complaint and provide an estimated timeframe for handling the complaints.

When the User contacts us, please provide us with your name, email address, phone number, the explanation of the feedback, questions and/or complaint and the evidence (if any) on which the User has feedback, questions, or complaints.

If the User files the complaint, please acknowledge the timeline for handling complaint as specified below:

(a) Timeframe for Internal Handling Complaint System

We will investigate the complaint within the day of receiving the complaint. The timeline for handling complaints for each case is as follows:

Scenario	Period of time
Technical issues or general inquiry	3 (three) days
Complaint about third party	14 (fourteen) days
Other issues	5 (five) days

(2) After the complaint is resolved

We will notify you of the result of the complaint by the date the complaint is resolved.

4.5 Suspension and Termination by XRB

(1) Causes for Suspension

XRB, by our sole discretion and without obtaining prior written consent from you, may suspend your access to all or part of Bitkub Metaverse or use of the User Account by delivering a suspension notification at the time or before the suspension is made (the “Suspension Notice”) if any of the following occurs:

we are required by a valid subpoena, court order, or binding order of a government authority to do so;
we reasonably believe that the use of your User Account in connection with any of the Prohibited Use, Prohibited Business or Conditional Use;
we reasonably believe that you implement any Prohibited Use, Prohibited Business or Conditional Use according to our review;
the use of your User Account is subject to any legal proceeding that we have to suspend or terminate your User Account by legal effect;
we assess the risk of legal or regulatory non-compliance associated with any activity of your User Account, Bitkub NEXT account, Metamask account and/or any Subsequently Added DA Wallet account and the result of such assessment indicates high risk;
we reasonably believe that you take any action that we deem as interfering or circumventing our control in any case or any circumstance, including, but not limited to, opening multiple User Accounts, or abusing the procedures or systems, or promotions which we may offer from time to time;
we reasonably believe that you breach any of our policies or instructions that we notify you from time to time;
we reasonably believe that any part of your User Account, under the Applicable Law, conducts, contains or cause any illegal action, or uses material or otherwise that would materially and/or adversely affect or create significant legal risk to Bitkub Metaverse and/or XRB;
we, by our sole discretion, reasonably believe that any part of your User Account causes any Losses to Bitkub Metaverse; or
we reasonably believe or find that you have breached or in default of any provisions of this TOS.

Procedure relating to Suspension: if we decide to implement Suspension Notification due to any circumstance under Clause 4.5 (1):

you may object our decision by the method and via the Main Contact Channel within 7 (seven) days from the date of receipt of the Suspension Notice by sending your objection with reasons and fact to us for review according to the Main Contact Channel, we shall take reasonable steps to investigate your objection within reasonable time and inform you about the result of our investigation.
after reviewing your objection under Clause 4.5 (2)(a), if we decide to cancel such suspension, we shall return the access to your User Account with all information content and material ‘as is’ before the suspension within reasonable time.

(3) Procedure relating to Termination of User Account:

After the suspension, if you fail to object the suspension or we have the decision not to unsuspend your access or use of your User Account pursuant to the process as specified in Clause 4.5, we may decide to implement any termination of your User Account and access to the Services due to any reason under Clause 4.5 (1), andwe shall notify you by written notice at least 30 (thirty) days in advance with the reason for implementing such termination, unless any of the following circumstances is occurred, of which we shall be entitled to terminate your User Account immediately:

(a) such termination is implemented by complying with the Applicable Law; legal order which we are unable to notify you at least 30 (thirty) days in advance; or

(b) your misconduct is a second violation of the same provision under this TOS; or

(c ) you act, do or implement any of the following severe causes (the “Severe Causes”) as below:

(i) use any software or program that damages, interferes with or disrupts the Services or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs;

(ii) use or distribute unauthorized software programs or tools (such as "auto", "macro", hack or cheat software), or use exploits, bugs or problems in Bitkub Metaverse to gain unfair advantage;

(iii) using any hacks, cracks, bots, or third-party software that may modify, temporarily or permanently, the code or the user experience of the Services, whether locally on your device or on servers, or using any application, software or technology that is not expressly authorized by us that enables cheating, power-leveling, or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology;

(iv) reverse engineering, deriving source code, modifying, decompiling, disassembling the Services or any portion thereof, or otherwise determining or attempting to determine any source code, algorithms, methods or techniques used or embodied in the Services;

(v) using any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, or any content contained therein;

(vi) taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

(vii) using or attempting to use any viruses, malware, or any other computer code, files, programs, software, routine, or device designed to interrupt, destroy, or limit the functionality or proper working of the Services or networks, including by engaging in, instigating, or facilitating any denial of service attack or similar conduct, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

(viii) using macros, auto-looting or robot play, or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence;

(ix) intercepting, emulating, or redirecting the communication protocols used by XRB or its designees in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Software, use of a data mining utility program to intercept, collect, read or mine information generated by the Services, or in any way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized access or use of the Services; or

(x) transferring of User Account between the Users, including but not limited to, offer, purchase, sale, gifting, or trading any User Account.

5. Disclosure of Information

We shall have the right to disclose your information pursuant to the Privacy Notice as specified in Clause 2.4.4.

Notices to the User

All communications, notices, demands and other documents to be delivered to the User via email address as given by the User or any other contact information given in Bitkub Metaverse.

7. Liabilities and Indemnifications

7.1 XRB, its Affiliates, and respective officers, directors, agents, joint ventures, employees and representatives shall not be liable to any and all claims, demands and Losses arising out of or in connection with the dispute between the Users.

7.2 XRB shall have the right, in addition to other rights hereunder, to demand the User be responsible for any Losses and expense suffered arising out of or in connection with this TOS, actions or omissions by the User or its agent as well as any claim, or litigation by other persons requiring us to be responsible hereunder for actions or omissions which have not been attributed to the fault of XRB.

7.3 Notwithstanding the foregoing, XRB shall have no liability to the User for any indemnification, unless a written notice is given to XRB by the User within 1 (one) year from the date with which the User is made aware of, or shall be made reasonably aware of, the breach, violation, infringement and/or default of this TOS by XRB. XRB shall not be responsible and liable to any of the circumstances as follows:

XRB shall not assume or be responsible and liable to, in all Losses occurred to the User Account and/or to the User’s Security Information unless it is arisen from gross negligence or willful misconduct made by XRB.
XRB shall not be liable to any fraudulent activities or willful misconduct made by the User occurred in Bitkub Metaverse.
To the maximum extent permitted by the Applicable Law, the aggregate liability of XRB for any Losses under this TOS, whether in contract, tort or under any theory of liability, claim or action shall not exceed SGD 5,000.
XRB shall not assume or be responsible to Losses occurred due to any illegal and unauthorized use including but not limited to the Prohibited Uses, the Prohibited Business and the Conditional Use.
XRB shall not be liable to any Losses or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect the User’s computers or other equipment, or any phishing, spoofing or other attacks.

(6) XRB shall not be liable, and do not have control over the Digital Assets in each User’s Bitkub NEXT account, Metamask account or the Subsequently Added DA Wallet account.

(7) XRB shall not be responsible, in all circumstances, for ensuring that completion and validity of transaction made between the Users in Bitkub Metaverse.

(8) XRB shall not assume responsibility and shall not be liable to the functionality, security, services or other actions made by any persons in Bitkub Metaverse which shall perform the significant part outside Bitkub Metaverse.

(9) XRB shall not be liable to the User if the User is not or shall not be qualified to open and/or use the User Account.

(10) XRB shall not be liable to any information and data of the User-Submitted Content, the User-Generated Content and the User-Virtual Activities Content published by the User.

(11) XRB does not warrant that the systems, interactions, functions, features and otherwise in relation to the Metaverse Content shall be available to use at all time and XRB shall not be liable to any delay or failure to interact or use of the systems, interactions, functions, features and otherwise in relation to the Metaverse Content within Bitkub Metaverse.

(12) The User shall be responsible for all transactions or communications made via Bitkub Metaverse between the Users and agrees that XRB shall not be liable for any Losses arising from such transactions or communications.

Entire Agreement

This TOS, Schedules, policies, documents and any other terms and condition relevant to your use of Service, such as the user manual and the Yellow Paper, or any document which is the integral part of this TOS, constitutes the entire understanding and agreement between the User and XRB as to use of the Services, and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein, including but not limited to any prior versions hereof, and every nature between the User and XRB.

Amendments

XRB reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this TOS at any time. XRB will notify you of such changes in one of the following ways at its sole discretion: through a patch, email, postal mail, website posting, pop-up screen or in-game notice. If you do not agree to any of such change or modification, you may terminate this TOS. Notwithstanding, if you continue using the Services following any revision to this TOS, it will be deemed that you fully accept any and all such changes.

10. Assignment

XRB shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this TOS in whole or in part to a third party at any time without notice to Users.

11. Severability

If any provision of this TOS is determined to be invalid or unenforceable under any rules, the Applicable Law or regulations or any governmental agencies, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Law and the validity or enforceability of any other provision hereof shall not be legally and contractually affected or impaired thereby.

12. Survival

Clauses 2.1(2) (4), 2.2, 2.4, 3, 4.1, 5, 6, 7, 14 and 16 shall survive the termination of this TOS.

13. Termination

Unless otherwise specified in Clause 4.5(3):

(1) this TOS shall be valid and effective for an indefinite period as long as the User continues using the Services.

(2) In the case of no breach or no default under this TOS, XRB reserves the right to terminate this TOS with any User, provided that XRB shall notify the User by at least 30 (thirty) days advance written notice, the User agrees and accept to settle all obligations and debts including any interest and cost owed to XRB within the period as set out by XRB.

(3) If XRB decides to end, stop or terminate the Services and Bitkub Metaverse (end of platform operation), XRB shall implement the process of termination of the Services in compliance to the Applicable Law.

14. Governing Law and Dispute Resolution

This TOS shall be governed by and construed in accordance with the laws of Singapore.

Any dispute, controversy or claim in relation to this TOS or any of Services performed hereunder which cannot be amicably resolved by the User and XRB shall be settled solely and finally by the competent court of Singapore.

15. Force Majeure

XRB shall not be liable for any delays, failures in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to halt of Blockchain, network congestion while transferring on Blockchain or any event that prevents the transfer on Blockchain from occurring and completing, any acts of god, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, flooding, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our commercially reasonable control and shall not affect the validity and enforceability of any remaining provisions.

16. Disclaimer

The Services are provided on an “as is”, “as available” basis and XRB makes no representation, warranty, condition or undertaking of any kind, whether expressed or implied in respect of any part of Bitkub Metaverse or the reliability or quality thereof. You acknowledge that XRB has not given any such representations, warranties, conditions or undertakings in respect of any part of Bitkub Metaverse or the reliability or quality thereof.

XRB does not warrant or certify the confidentiality or security of any information transmitted through the internet. You accept and agree that XRB shall not be liable for any Losses arising from any electronic, mechanical, data failure or corruption, computer viruses, bugs or related problems that may be attributable to the Services or any relevant internet service provider, network provider or communication network provider.

We recommend the User to implement anti-virus software and reliable standardization protection software. The User should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Bitkub or XRB. Hence, the User shall beware of the said action and review that such information originates from us.

Please always log into the User Account through our website to review any transactions or required actions if the User has any uncertainty regarding the authenticity of any communication or notice.

__________________________

SCHEDULE 1

Prohibited Use

The User may not use the User Account to engage in the following categories of activities (the "Prohibited Use"). The specific types of use listed below are the scope to justify the Prohibited Use in order to provide understanding to the User about the nature of Prohibited Use. By opening the User Account, the User affirms that the User shall not use the User Account to do any of the following:

Unlawful Activities: Activities which may violate, considered to be violated, or assist in violation of, any law, statute, ordinance, or regulation, as enforced in any jurisdictions where we conduct our business, or which would involve proceed of any unlawful activities; or activities which involves the publication, distribution or dissemination of any unlawful material or information.
Lèse Majesté Content: Any content that is or allegedly defames, insults, threatens or is unflattering to the Royal Family, includes national security and political issues, as in violation of Section 112 of Criminal Code of Thailand or similar law in other jurisdiction.
Pornography: Media which includes obscene materials or material that is solely created and disseminated for the prurient purposes.
Intellectual Property Rights Infringement: any use that infringes the Intellectual Property Rights under the Applicable Law, including but not limited to use of our Intellectual Property (including without limitation name, or logo, including use of our trade or service marks), other User’s or any third party’s Intellectual Property, without express written consent from us, or from other User’s or such third party or in any manner.
Illegal Computer Data: engage in transactions that involve, upload, or express any illegal computer data of which the definition of illegal computer data is varied under the Applicable Law of each jurisdiction that Bitkub Metaverse is accessible.
Inappropriate Behaviors: engage in any activity that, in our sole discretion, creates nuisance, discrimination, obscenity, threats, hate speech, harassment, bullying, defamation, terrorism, violent extremism, fraud, deception, invasion of privacy, or otherwise injury to any third party.

Prohibited Business

In addition to the Prohibited Use described above, you are prohibited to engage in the following business practices (the "Prohibited Business").

The specific types of Prohibited Businesses listed below are the scope to justify the Prohibited Business in order to provide understanding to the User about the nature of Prohibited Use. If the User is uncertain as to whether or not the User’s use of our Services involves a Prohibited Business, or have questions about how these requirements apply to the User, please contact XRB at contact@xrbgalaxy.com.

By opening the user’s account, the User affirms that the User shall not use the Services to be in connection with any of following businesses, activities, practices, or items:

Investment and Credit Services: securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes.
Restricted Financial Services: check cashing, bail bonds, collections agencies.
Intellectual Property or Proprietary Rights Infringement: sales, distribution, or access to counterfeit music, movies, software, or other licensed materials or Intellectual Property without the appropriate authorization from the rightful holder.
Counterfeit or Unauthorized Goods: unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen.
Regulated Products and Services: marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; sale of liquor and alcoholic beverages; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, radioactive materials including any other goods and services that the advertising is prohibited under the Applicable Law.
Drugs and Drug Paraphernalia: sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs.
Pseudo-Pharmaceuticals: pharmaceuticals and other products that have not been approved or verified by the applicable local and/or national and/or international regulatory bodies.
Substances designed to mimic illegal drugs: sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).
Adult Content and Services: pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features.
Multi-level Marketing: pyramid schemes, network marketing, and referral marketing programs.
Unfair, predatory or deceptive practices: investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
High risk businesses: any businesses that we believe to elevate financial risk, legal liability, or violates bank policies.

Conditional Use

Prior express written consent and approval from us must be obtained before you can use our Services for the following categories of business and/or use ("Conditional Use").

Our consent may be requested by contacting us at contact@xrbgalaxy.com. We may also require you to agree to additional terms and conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and implement the Condition Use subject to restrictions if you use our Services in connection with any of following businesses, activities, or practices:

Money Services: money transmitters, digital currency transmitters; currency or Digital currency/ Digital Asset exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of our Services.
Charities: acceptance of donations for nonprofit enterprises.
Games of Skill: games which are not defined as gambling under this Term or by the Applicable Law, but which require an entry fee and award a prize.
Religious/Spiritual Organizations: operation of a for-profit religious or spiritual organization.

SCHEDULE 2

Take Down Notice for Thai Users

Pursuant to the law of Thailand under Section 15 of the Computer-Related Crime Act B.E 2550 (2007) (as amended), if any person finds that there is computer data that is unlawful, appearing on websites, applications, chatbot, social media or computer systems under the control of XRB, such person may notify XRB, as a service provider or social media pursuant to a relevant Notification of the Ministry of Digital Economy and Society B.E 2565 (2022), of the Thai Illegal Computer Data under Section 14 and request the XRB to suppress, or remove from the computer system under the XRB’s control, the Thai Illegal Computer Data in accordance with the method specified by XRB.

Thai Illegal Computer Data shall mean data that has any of the following characteristics:

computer data that is distorted or forged either partially or entirely, or untrue or false computer data, which may cause damage to any person particular individual or the general public, but not being regarded as an offense of defamation;
untrue or false computer data which may cause damages to the protection of national security, public safety or economic stability of the Thailand, or infrastructures which are for public interests of the Thailand, or which may cause panic to the general public;
any computer data which may result in an offense related to national security of Thailand, or related to terrorism, according to the laws of Thailand; or
any obscene data which could be accessed by the general public

To the extent permitted under the law of Thailand, if the User finds that there is Thai Illegal Computer Data appearing on websites, applications, chatbot, social media or computer systems under the control of XRB, such person may notify XRB and request XRB to suppress, or remove such Illegal Computer Data (the “Thai ICD Complainant”). The Thai ICD Complainant must fill in a complaint form in a form as specified by XRB (the “Thai ICD Complaint Form”) and submit to XRB such Thai ICD Complaint Form and all required supporting documents as set out follows:

Procedures for Notifying Thai Illegal Computer Data on XRB’s Computer System

Fill in the Thai ICD Complaint Form, and fill out all the details correctly.
Prepare the ‘Required Supporting Documents’(as listed below) for submitting with the Thai ICD Complaint Form:

Natural Person: certified copy of ID or any other card issued by government agency of the Thai ICD Complainant.
Juristic Person: (1) an original power of attorney signed by the Thai ICD Complainant and the Thai ICD Complainant’s authorized representative or attorney, with a duty stamp duly affixed as required by law; (2) a certified true and correct copy of the ID card, or any other card issued by a government agency, of the Thai ICD Complainant; and (3) a certified true and correct copy of the ID card, or any other card issued by a government agency, of the Thai ICD Complainant’s authorized representative or attorney

In the event that the details of the accused Thai Illegal Computer Data have been recorded in a police daily report in Thailand, or a complaint in respect thereof has been filed to an inquiry official or a police officer, please also submit the following documents:

a certified true and correct copy of a police daily report or a letter of complaint; and
a certified true and correct copy of documents or evidence submitted to an inquiry official or a police officer (if any).

Submit the Thai ICD Complaint Form and all supporting documents via email pursuant to the Main Contact Channel

Upon receiving the Thai ICD Complaint Form and supporting documents from the Thai ICD Complainant, XRB will examine the documents and information related to the complaint. In this regard, XRB reserves the right not to take any action in the case that the Thai ICD Complainant fills in information in the Thai ICD Complaint Form, or submits documents to XRB, incorrectly or incompletely, or fails to submit the documents according to the method specified above; or according to XRB’s preliminary investigation, XRB views that the accused Thai Illegal Computer Data is unlikely to be regarded as Thai Illegal Computer Data, or the alleged complaint is unlikely to be regarded as an offense. XRB also reserves the right to take any action as it deems appropriate to cease the wrongdoing as soon as reasonably possible pursuant to the procedures and timeframe specified by the law.

For avoidance of doubt, the process as specified under this document is also the internal complaint handling system in the case of Thai Illegal Computer Data.

ICD Complaint Form for Thailand

Complaint Form for Suppressing or Taking Down Thai Illegal Computer Data
as defined under Section 14 of the Computer-Related Crime Act B.E. 2550 (2007) (as amended) (under Thai Law) from the Computer System under the Control of
XRB Galaxy PTE. LTD.

Information about the Thai ICD Complainant/authorized representative or attorney of the Thai ICD Complainant

Name: ______________________________

Surname: __________________________________

Address: _______________________________________________________________________

_______________________________________________________________________________

Contact number: ______________________

Email address: _______________________________

Status: ⬜ Thai ICD Complainant

⬜ Authorized representative or attorney of the Thai ICD Complainant

Name and surname or company’s name of the Thai ICD Complainant:

____________________________________________________

Address:

__________________________________________________________

Contact number: ___________________

Email address: ____________________

2. Details of the offense under Section 14 of the Computer-Related Crime Act B.E. 2550 (2007) (as amended) (Please provide additional details in an attachment (if necessary))

2.1 Name of the user account/owner/possessor of the Thai Illegal Computer Data (if known)

_______________________________________________________________________________

2.2 Location of the Thai Illegal Computer Data (URL)

_______________________________________________________________________________

2.3 Characteristics of the Thai Illegal Computer Data: ⬜ Message ⬜ Photo ⬜ Audio/video clips

⬜ Others (Please specify the details)

_________________________________________________

2.4 Explanation of the circumstance and nature of the offense according to Section 14 of the Computer-Related Crime Act B.E. 2550 (2007) (as amended), which falls in at least one of the following characteristics:

dishonestly or deceptively importing into a computer system computer data that is distorted or forged either partially or entirely, or untrue or false computer data, which may cause damage to any person or the general public, but not being regarded as an offense of defamation under the Criminal Code of the Kingdom of Thailand;
importing untrue or false computer data into a computer system, which may cause damage to the protection of national security, public safety or economic stability of the Kingdom of Thailand, or infrastructures which are for public interests of the Kingdom of Thailand; or which may cause panic to the general public;
importing any computer data into a computer system, which may result in an offense related to national security of the Kingdom of Thailand, or related to terrorism, according to the Criminal Code of the Kingdom of Thailand;
importing any obscene data into a computer system, which could be accessed by the general public; or
disseminating or forwarding any of the computer data despite knowing that it is computer data under paragraph (a), (b), (c), or (d) above.

Details of the complaint (Please specify additional details in an attachment (if necessary)): ________

_______________________________________________________________________________

3. Details of damage incurred to the Thai ICD Complainant or any third parties (Please specify additional details in an attachment (if necessary))

_______________________________________________________________________________

Supporting documents to be submitted together with the Thai ICD Complaint Form are as follows:

⬜ Supporting documents of a person who signs this Thai ICD Complaint Form

In the event that the person signing this Thai ICD Complaint Form is the Thai ICD Complainant

Please attach a certified true and correct copy of ID card, or any other card issued by a government agency, of the Thai ICD Complainant*.

In the event that the person signing this Thai ICD Complaint Form is an authorized representative or attorney of the Thai ICD Complainant

⬜ an original Power of Attorney signed by the Thai ICD Complainant and the ICD Complainant’s authorized representative or attorney with a duty stamp duly affixed as required by law;

⬜ a certified true and correct copy of ID card, or any other card issued by a government agency, of the Thai ICD Complainant *; and

⬜ a certified true and correct copy of ID card, or any other card issued by a government agency, of the Thai ICD Complainant’s authorized representative or attorney*.

⬜ In the event that the details of the accused Thai Illegal Computer Data has been recorded in a police daily report, or a complaint in respect of thereof has been filled to an inquiry official or a police officer

⬜ a certified true and correct copy of a police daily report or a letter of complaint; and

⬜ a certified true and correct copy of documents or evidence submitted to an inquiry official or a police officer (if any).

⬜ Documents or other evidence demonstrating an offense according to Section 14 of the Computer-Related Crime Act B.E. 2550 (2007) (as amended) and damage incurred to the Thai ICD Complainant or any third parties.

Remark * Please redact the religious and blood type details shown in a copy of ID card, or any other card issued by a government agency, submitted to the Company as stated above. If such information is not redacted, the Company reserves the right to redact such information on behalf of you.

By submitting this Thai ICD Complaint Form, I acknowledge that:

the Company reserves the right not to take any action in the case that the insertion of information in this Complaint Form, or submit documents to the Company, incorrectly or incompletely, or fail to submit the documents according to the method specified below; or according to the Company’s preliminary investigation, the Company views that the alleged complaint is unlikely to be regarded as an offense in any of the manners set out in Clause 2.4 of the Thai ICD Complaint Form;
the Company reserves the right to take any action as it deems appropriate to cease the wrongdoing as soon as reasonably possible pursuant to the procedures and timeframe specified by the law;
the Company shall make a copy and submit the details of the complaint hereunder including, without limitation, my supporting documents relating to the complaint, to service users, members or related persons under the supervision of the Company in accordance with the procedures required by law; and
the Company shall not be liable for any direct or indirect damage, or any expenses arising out of or resulting from the complaint stated herein.

I hereby certify that the statements contained in this Thai ICD Complaint Form and all the supporting documents submitted together herewith are true and correct in all respects. If it appears that any statement or evidence specified herein or submitted together herewith is untrue, inaccurate, distorted, or false, either wholly or partially, I shall be liable for all damage incurred to the Company and any person who suffers or may suffer damage arising out of or resulting from any actions of the Company and/or the Company’s agents or employees which are undertaken or proceeded due to or in a reliance on any of my statement or evidence that is untrue, inaccurate, distorted or false.

I hereby consent the Company to disclose the details of the complaint contained in this Thai ICD Complaint Form and the supporting documents and information of the Thai ICD Complainant and the Thai ICD Complainant’s authorized representative or attorney (if any) to relevant government agencies and consent such relevant government agencies to disclose such information for the purpose of taking any legal procedures in respect of the complaint pursuant to law.

Sign:

( )

Date: / /

Remark: Please send this Complaint Form and the supporting documents via email to contact@xrbgalaxy.com only and specify the subject name as “Complaints against Illegal Computer Data”.

If you have any further inquiries, please contact us for more details at:

XRB Galaxy PTE. LTD.
Customer Support team
email address: contact@xrbgalaxy.com

Take Down Notice for International Users

If any person finds that there is computer data that is unlawful, appearing on websites, applications, chatbot, social media or computer systems under the control of XRB, such person may notify XRB, as a service provider, of the illegal computer data under and request the XRB to suppress, or remove from the computer system under the XRB’s control, the illegal computer data in accordance with the method specified by XRB. For avoidance of doubt the definition of illegal computer data may be varied upon the jurisdiction that Bitkub Metaverse is accessible by the User.

For avoidance of doubt the definition of illegal computer data may be varied upon the jurisdiction that Bitkub Metaverse is accessible by the User. Therefore, if you need assistance from XRB to suppress, or remove such illegal computer data (the “ICD Complainant”). The ICD Complainant must fill in a complaint form in a form as specified by XRB (the “ICD Complaint Form”) and submit to XRB such ICD Complaint Form and all required supporting documents as set out follows:

Procedures for Notifying Illegal Computer Data on XRB’s Computer System

Fill in the ICD Complaint Form, and fill out all the details correctly.
Prepare the ‘Required Supporting Documents’(as listed below) for submitting with the ICD Complaint Form:

Natural Person: certified copy of ID or any other card issued by government agency of the ICD Complainant.
Juristic Person: (1) an original power of attorney signed by the ICD Complainant and the ICD Complainant’s authorized representative or attorney, with a duty stamp duly affixed as required by law; (2) a certified true and correct copy of the ID card, or any other card issued by a government agency, of the ICD Complainant; and (3) a certified true and correct copy of the ID card, or any other card issued by a government agency, of the ICD Complainant’s authorized representative or attorney

In the event that the details of the accused Illegal Computer Data have been recorded in any document of competent authority, or a complaint in respect thereof has been filed to an inquiry official or a police officer, please also submit the following documents:

a certified true and correct copy of recorded document of competent authority notarized by the notary public. If such document is not in English, you must also provide the notarized English translation.

Submit the ICD Complaint Form and all supporting documents via email pursuant to the Main Contact Channel.

Upon receiving the ICD Complaint Form and supporting documents from the ICD Complainant, XRB will examine the documents and information related to the complaint. In this regard, XRB reserves the right not to take any action in the case that the ICD Complainant fills in information in the ICD Complaint Form, or submits documents to XRB, incorrectly or incompletely, or fails to submit the documents according to the method specified above; or according to XRB’s preliminary investigation, XRB views that the accused Illegal Computer Data is unlikely to be regarded as Illegal Computer Data, or the alleged complaint is unlikely to be regarded as an offense. XRB also reserves the right to take any action as it deems appropriate to cease the wrongdoing as soon as reasonably possible pursuant to the procedures and timeframe specified by the law.

For avoidance of doubt, the process as specified under this document is also the internal complaint handling system in the case of Illegal Computer Data.

ICD Complaint Form

Complaint Form for Suppressing or Taking Down Illegal Computer Data
from the Computer System under the Control of
XRB Galaxy PTE. LTD.

Information about the ICD Complainant/authorized representative or attorney of the ICD Complainant

Name: ______________________________

Surname: __________________________________

Address: _______________________________________________________________________

_______________________________________________________________________________

Contact number: ______________________

Email address: _______________________________

Status: ⬜ ICD Complainant

⬜ Authorized representative or attorney of the ICD Complainant

Name and surname or company’s name of the ICD Complainant:

_____________________________________________________________

Address: __________________________________________________________

__________________________________________________________________0

Contact number: ___________________

Email address: ____________________

2. Details of the offense (Please provide additional details in an attachment (if necessary))

2.1 Name of the user account/owner/possessor of the Illegal Computer Data (if known)

_______________________________________________________________________________

2.2 Location of the Illegal Computer Data (URL)

_______________________________________________________________________________

2.3 Characteristics of the Illegal Computer Data: ⬜ Message ⬜ Photo ⬜ Audio/video clips

⬜Others (Please specify the details) _________________________________________________

2.4 Explanation of the circumstance and nature of the offense

_______________________________________________________________________________

3. Details of damage incurred to the ICD Complainant or any third parties (Please specify additional details in an attachment (if necessary))

_______________________________________________________________________________

4. Supporting documents to be submitted together with the ICD Complaint Form are as follows:

⬜ Supporting documents of a person who signs this ICD Complaint Form

In the event that the person signing this ICD Complaint Form is the ICD Complainant

⬜ please attach a certified true and correct copy of ID card, or any other card issued by a government agency, of the ICD Complainant*.

In the event that the person signing this ICD Complaint Form is an authorized representative or attorney of the ICD Complainant

⬜ an original Power of Attorney signed by the ICD Complainant and the ICD Complainant’s authorized representative or attorney with a duty stamp duly affixed as required by law;

⬜ a certified true and correct copy of ID card, or any other card issued by a government agency, of the ICD Complainant *; and

⬜ a certified true and correct copy of ID card, or any other card issued by a government agency, of the ICD Complainant’s authorized representative or attorney*.

⬜ In the event that the details of the accused Illegal Computer Data has been recorded in a police daily report, or a complaint in respect of thereof has been filled to an inquiry official or a police officer

⬜ a certified true and correct copy of recorded document of competent authority notarized by the notary public. If such document is not in English, you must also provide the notarized English translation.

⬜ Documents or other evidence demonstrating the illegal computer data and damage incurred to the ICD Complainant or any third parties.

By submitting this ICD Complaint Form, I acknowledge that:

the Company reserves the right not to take any action in the case that the insertion of information in this Complaint Form, or submit documents to the Company, incorrectly or incompletely, or fail to submit the documents according to the method specified below; or according to the Company’s preliminary investigation, the Company views that the alleged complaint is unlikely to be regarded as an offense of the ICD Complaint Form;
the Company reserves the right to take any action as it deems appropriate to cease the wrongdoing as soon as reasonably possible pursuant to the procedures and timeframe specified by law;
the Company shall make a copy and submit the details of the complaint hereunder including, without limitation, my supporting documents relating to the complaint, to service users, members or related persons under the supervision of the Company in accordance with the procedures required by law; and
the Company shall not be liable for any direct or indirect damage, or any expenses arising out of or resulting from the complaint stated herein.

I hereby certify that the statements contained in this ICD Complaint Form and all the supporting documents submitted together herewith are true and correct in all respects. If it appears that any statement or evidence specified herein or submitted together herewith is untrue, inaccurate, distorted, or false, either wholly or partially, I shall be liable for all damage incurred to the Company and any person who suffers or may suffer damage arising out of or resulting from any actions of the Company and/or the Company’s agents or employees which are undertaken or proceeded due to or in a reliance on any of my statement or evidence that is untrue, inaccurate, distorted or false.

I hereby consent the Company to disclose the details of the complaint contained in this ICD Complaint Form and the supporting documents and information of the ICD Complainant and the ICD Complainant’s authorized representative or attorney (if any) to relevant government agencies and consent such relevant government agencies to disclose such information for the purpose of taking any legal procedures in respect of the complaint pursuant to law.

Sign:

( )

Date: / /

Remark: Please send this Complaint Form and the supporting documents via email to contact@xrbgalaxy.com only and specify the subject name as “Complaints against Illegal Computer Data”.

If you have any further inquiries, please contact us for more details at:

XRB Galaxy PTE. LTD.
Customer Support team
email address: contact@xrbgalaxy.com

Privacy Notice for Bitkub Metaverse

XRB Galaxy PTE. Ltd.

XRB Galaxy PTE. Ltd. (the “Company”) respects and recognizes the importance of the right of privacy and the protection of your personal information. Therefore, this Privacy Notice has created and published in order to inform you of the Company's policy regarding the collection, use and disclosure of personal information (collectively, the "Personal Data Processing")

Person whom we collect personal information

“User” means neutral person who uses the services from the Company or contact for information or receive the advertisement about products and/or services and also including neutral person relevant to or representative of juristic person which is the Company’s customer for instance director, employee, representative, contact person, or person whose personal information appears on documents which relevant to any transaction or services of the Company.

2 Personal information which we collect, use, and disclose

The Company collects, uses and discloses various types of personal information which can be divided as follow:

2.1 Technical information which is wallet address

2.2 Transaction and finance information which is transaction data (such as purchase of XRB token).

2.3 Service relevant information which are version and acceptance of Term of Service information and type of wallet account

2.4 Legal obligation information such as police warrant

3 Source of personal information

Normally, the Company will collect your personal information directly from you for the purpose of performance of contract. However, in some cases, the Company may need to collect your personal information from other sources if it is necessary for compliance with a legal obligation, performance of a contract and for the purpose of legitimate interest pursued by the Company or by a third party or other stakeholders.

4 Collection, use, and disclosure of personal information

The Company collects, uses, and discloses personal information under the bases or legal exceptions the relevant law including the necessary for performance of contracts, for compliance with legal obligation, notices, rules and directives from government agencies, or regulatory agencies, and forlegitimate interests of the Company, a third party or stakeholders.

The Company may disclose some of your personal information to others for the purpose of providing services and complying with relevant laws. The Company takes steps to ensure that your information is disclosed, transferred or transmitted only to the extent necessary and in accordance with the requirements of the law.

The purpose of processing	Type of information	Legal bases and exceptions	Disclosure or transfer to third party
Account management and services
Playing Bitkub Metaverse	(1) Technical information (2) Transaction and Finance information (3) Service relevant information	- For the performance of the contract - Legitimate interest	None
Internal management
Internal audit, complaint management, and corruption prevention for good governace and also for compling with the law	(1) Transaction and finance information (2) Legal obligation information	- For compliance with a legal obligation - Legitimate interest	May disclose to the competent authority in the event of the order from the competent authority to access to personal information

Remark: If you refuse the Compamy to collect, use, and disclose any personal information which is necessary for the performance of contract or for the compliance with a legal obligation, the Company may not be able to provide service to you.

5. Sending or transferring personal information to overseas

5.1 The Company may transmit or transfer your personal information to overseas only with the explicit consent or where it is necessary for the Company to comply with the legal obligation, or for the performance of a contract to which you are a party, or the performance of a contract between the Company and another person or juristic person for the benefit of the owner of the personal information (the data subject).

5.2 The Company stores your personal information on servers or cloud computing provided by third party located abroad. In this regard, the Company undertakes to ensure that the service provider has adequate personal information security safeguards.

5.3 The Company will comply with the personal information protection laws and take the necessary actions to ensure that your personal information which is sent or transferred to overseas is adequately protected.

6. Personal information storage time period

The Company will store your personal information only for the period necessary to achieve with the purposes notified above, to comply with the contract and founding laws, or to exercise legal claims and for the legitimate interests of the Company or other stakeholders as set out in the Company's personal information retention policy. The Company will delete or destroy the personal information or make it anonymous when the personal information is no longer necessary in relation to the purpose for which it was collected or processed or when the period specified in the retention policy ends.

7. Personal information security measures

The Company values the security of your personal information. The company has put in place appropriate security, technical and administrative measures to ensure that your personal information is not accessed, modified, changed, deleted or destroyed by any unauthorized person. A review of such measures is organized when necessary or when the technology changes to ensure that information security is always effective.

8. Exercising your rights as an information owner

You can exercise the right which you have under the legal basis set out in the relevant law, notice, and regulation including:

8.1 Right to withdraw consent: you have the right to withdraw the consent to data processing which you have given to the Company at anytime as long as it is stored with the Company unless there is a legal limitation or there is a contract between you and the Company that benefit you.

8.2 Right to access your personal information and request to disclose the source of your personal information: you have the right to access your personal information which the Company collects, use, and disclose and have the right to request the Company to disclose the source of your information.

8.3 Right to ratification: you have the right to request the Company to rectify your personal information if it is inaccurate or incomplete.

8.4 Right to erasure your personal information or anonymize information: you have the right to request the Company to erase, destruct or anonymize your personal information if your personal information is no longer necessary in relation to the purposes in which they were collected.

8.5 Right to restriction of processing your personal information: you have the right to request the Company to restrict the processing of your personal information temporarily when the Company is in the process of investigating your request to information ratification and/or objection or any other event where your personal information is no longer necessary in use and the Company must erase or destruct your personal information in accordance with the relevant law but you oppose such erasure and request the restriction of the use instead.

8.6 The right to information portability in the form of automated mean: you have the right to request to transmit your personal information to another data controller if the processing is carried out by automated means unless technical conditions do not allow. However, the Company does not yet have a system to support the exercise of such rights.

8.7 The right to object the processing: you have the right to object the data processing in some event.

However, you may not exercise your right or some exercise may appear to cost you if your request is in the scope of the following:

It is contrary to or inconsistent with the right set forth in the applicable law, or the relevant notice;
It is contrary to law or the court order;
It is effect to the right and freedom of other people;
It is the dishonest, redundant or unreasonable exercise of right or;
It has an effect on the investigation exercise of judicial rights or court proceedings, etc.

You can exercise your right via

contact@xrbgalaxy.com

9 Notification of changes

The Company values respect of your privacy and the accuracy of your personal information. If your personal information has changed, please inform the Company immediately.

10 Right to investigate and file a claim

In the event that you finds that the Company has incorrectly processed your personal information or that the personal information breach has occurred, you have the right to complain to the expert committee which is responsible for considering the complaint under the relevant law or claim a lawsuit and request to investigate the action that violates personal information according to the rights that you have according to the law.

11 Contact details

XRB Galaxy PTE. Ltd.

Customer Support team
email address: contact@xrbgalaxy.com

This privacy notice is updated on Tuesday 15th August 2023