Acceptable Use Policy

Last updated: 21/Sep/2022

By applying for, accessing or using services provided by CYBAVO, inclusive of, but not limited to, CYBAVO Vault, CYBAVO Wallet SDK, and CYBAVO Ethereum 2.0 Staking Service (together and separately, the “Services”), you agree to be bound by this AUP and any additional terms, conditions, rules or policies that are provided to you in connection with the Services via the CYBAVO Client Services Agreement, Privacy Policy, Terms of Use & Terms and Conditions for Sale, or otherwise (together and separately, the User Agreement).

This AUP is subject to change at any time without notice, and the changes will be effective when posted to CYBAVO’s website. Your continued use of the Services indicates your acceptance and agreement to the AUP changes.

  1. Purpose. The purpose of this AUP is to

    1. comply with relevant laws, banking partner requirements, and card or payment association (e.g., Visa, Mastercard, Nacha) rules and policies,
    2. specify to you what customers, merchants, activities/business types and transactions are considered prohibited use of the Services,
    3. protect the integrity of our network, and
    4. specify the consequences that may flow from violating this AUP requirements.

  2. Prohibited Users. In addition to any eligibility requirements in the User Agreement, if any of the following apply to you, you are ineligible (or may become ineligible) to use our Services:

    1. Your use of Services may cause CYBAVO not to be compliant with relevant laws, sponsor bank or member requirements, and payment networks (e.g. Visa, Mastercard, Nacha) rules and policies;
    2. You are a resident, national or agent of Cuba, North Korea, Syria, Iran, the Crimea region and the so-called People’s Republics of Donetsk and Luhansk for Ukraine, or any other country to which the United States, United Kingdom, Singapore, Ireland, Bermuda, Taiwan, Luxembourg, or the EU embargo goods (Restricted Territories);
    3. You are on the Table of Denial Orders, the Entity List, US OFAC SDN list, Her Majesty’s Treasury Financial Sanctions Target, European Union (EU) Consolidated sanctions lists, UN Consolidated sanctions list, Sanctions List of the Republic of China (Taiwan) or Bermuda Sanctions Regime List (Restricted Persons); or
    4. You intend to transact with any Restricted Territories or Restricted Persons.

  3. Prohibited Activities and Business Types. If you fall into one of the following categories and/or utilize the Services in connection with the following prohibited activities, you are ineligible (or may become ineligible) to use our Services. For clarity, the following lists are not exhaustive and we may, at our sole discretion, modify them without notice, and/or deny the Services to any customer who exceeds our Risk Appetite:

    Prohibited Business Type Description
    Adult services Adult digital content, lingerie or passion parties, adult DVD rentals/sales, adult novelties, massage parlors (without licensed massage therapists), escort services, mail order bride services, dating/match-making services.
    Auction services Online auction services and pawn shops.
    ATM Operators Operators of privately owned ATMs, with the exception of crypto ATMs and kiosks
    Bankruptcy services Bankruptcy attorneys, collection attorneys, factoring companies, or liquidation services.
    Controlled substances and drug paraphernalia Narcotics, prescription drugs, steroids, or related paraphernalia or accessories, unless licensed and authorized by the jurisdiction in which the customer is based as well as by the jurisdiction in which the transaction takes place. Equipment or material that is for the making, using, or concealing illegal drugs.
    Court ordered payments Court ordered payments, structured settlements, tax payments, tax settlements.
    Credit repair services Credit repair services, loan repayment facilitators, credit counseling, credit protection, identity theft protection or other services that may present consumer protection risks.
    Cyberlocking services Sale of devices that are designed to block, jam, or otherwise interfere with cellular and personal communication services, police radar, global positioning systems, and wireless networking services.
    Cyberlocking services Sale of devices that are designed to block, jam, or otherwise interfere with cellular and personal communication services, police radar, global positioning systems, and wireless networking services.
    Debt collection Collection agencies and any business engaged in the collection of debt, including those associated with medical billing, or factoring companies.
    Gambling Gambling activities including but not limited to sports betting, casino games, horse racing, dog racing, games that may be classified as gambling (e.g. poker), bookmakers, lotteries, bingo, internet gambling, off-track betting, card clubs, or other activities that facilitate any of the foregoing, unless licensed and authorized by the jurisdiction in which the customer is based as well as by the jurisdiction in which the transaction takes place.
    Illegal activities Businesses or transactions that appear to relate to any form of illegal activity, including but not limited to, money laundering, terrorist financing, human trafficking or political corruption.
    Intellectual property Goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction. This includes the sale of counterfeit items and unauthorized replicas or copies of items, and applies to items both actual and virtual in nature. Examples include (but are not limited to) counterfeit watches, handbags or accessories, and unauthorized copies of software programs, video games, music, movies, television programs, photographs and IDs. Upon CYBAVO’s request, you must provide records about the authenticity of your products.
    Precious metals and jewelry Sales of or dealers in precious metals (coins, bullion, etc.), precious stones, and fine jewelry.
    Marijuana/CBD Marijuana as well as CBD in any form for sale for any purpose, including medicinal or homeopathic, regardless of legal status.
    Multi-level marketing Pyramid and Ponzi schemes, multi-level marketing programs, wealth creation programs, paid-to-click schemes and other similar programs that are not traditional and legitimate advertising businesses.
    Pay-day lenders Pay-day lending, short term cash loans, title loans, and cash advance services.
    Ransomware Ransomware services, including cyber incident response and data-breach response.
    Shell banks and financial institutions Banks or other financial institutions registered in a jurisdiction in which they have no physical presence. Unlicensed money service businesses Any unlicensed money service business, including money transmitter and currency exchange.
    Weapons Manufacturing, building or assembling weapons of any kind, including but not limited to, firearms, ammunition, knives, explosives, or related accessories.
    Other businesses
    • Layaway systems and annuities.
    • Miracle cures, unsubstantiated remedies, or other items marketed as quick health fixes, designer supplements, nutraceuticals, muscle mass proteins, weight gain or loss supplements.
    • Sale of email or direct marketing lists enabling unsolicited contacts, such as from telemarketing merchants (inbound or outbound).
    • Sale of manuals, how-to guides, or equipment to disable, “hack”, or modify access controls on software, servers, phones, or websites, including but not limited to mod-chips, drive chips, or access cards.
    • Items or sites that encourage or promote hate, violence, or racial intolerance.
    • Psychic services.

  4. Prohibited Transactions. Using the Services for transfers related to the following is prohibited, and CYBAVO reserves the right to monitor for transactions that relate to:

    • Wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deceit
    • Purchasing goods of any type from Darknet markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods)
    • Money laundering
    • Terrorist financing

  5. Restricted Activities. In connection with your use of the Services, you hereby agree that you will not:

    • Violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation, or cause CYBAVO to do the same
    • Intentionally try to defraud (or assist in the defrauding of) CYBAVO or other CYBAVO users
    • Provide false, inaccurate, or misleading information
    • Take any action that interferes with, intercepts, or expropriates any system, data, or information
    • Partake in any transaction involving the proceeds of illegal activity
    • Transmit or upload any virus, worm, or other malicious software or program
    • Attempt to gain unauthorized access to other CYBAVO Accounts, the CYBAVO website, or any related networks or systems
    • Use the Services on an unauthorized basis on behalf of any third party or otherwise act as an intermediary between CYBAVO and any third parties
    • Collect any user information from other CYBAVO users, including, without limitation, email addresses
    • Defame, harass, or violate the privacy or intellectual property rights of CYBAVO or any other CYBAVO users
    • Upload, display or transmit any messages, photos, videos or other media that contain: (i) illegal goods, violent, obscene or copyrighted images or materials; or (ii) unsolicited or unauthorized advertising, promotional material, or any other form of spam
    • Engage in any abusive or harmful behavior
    • Engage in data pass activities with the intent to pass customer data inclusive of payment information to a third party for future transactions unrelated to your business
    • Relate to transactions involving any activity that requires pre-approval without having obtained said approval

  6. Compliance Monitoring; Violations of this Policy. We will monitor your transactions and activities for potential violations of this AUP. Monitoring includes, but is not limited to, reviewing your accounts for retrievals, returns, or Chargebacks, as well as using third-party information or sources. We encourage you to contact us if you believe you may be in violation of this AUP. We reserve the right, per the terms of the User Agreement to take any corrective action (with or without notice to you) as we deem necessary to mitigate our risk or ensure compliance with this AUP, including but not limited to:

    1. blocking or withholding a transaction;
    2. holding funds associated with a prohibited transaction;
    3. suspending, restricting, or terminating your use of the Services,
    4. subjecting you to applicable fines, assessment, expenses and fees;
    5. taking legal action against you; or
    6. reporting information to law enforcement authorities.