1. INTRODUCTION

1.1 This Acceptable Use Policy (“AUP”) forms part of the Account and Payment Services Agreement.

1.2 It sets out the rules governing acceptable and prohibited use of our services.

1.3 This AUP is designed to:

• protect customers

• prevent financial crime

• ensure compliance with applicable laws and regulations

• manage operational and reputational risk

2. APPLICATION OF THIS POLICY

2.1 This AUP applies to:

• all customers (individual and business)

• authorised users

• any person using our services

2.2 It applies to all services including:

• accounts

• payments

• cards

• Partner-based access

3. GENERAL PRINCIPLE

3.1 You must use our services:

• lawfully

• responsibly

• in accordance with this Agreement

3.2 You must not use our services in a way that:

• breaches laws or regulations

• exposes us to risk

• harms other users or the financial system

4. RISK-BASED APPROACH

4.1 We apply a risk-based approach to acceptable use.

4.2 This means:

• certain activities may be restricted or prohibited

• restrictions may vary based on risk level

5. CATEGORIES OF PROHIBITED USE

Prohibited use falls into the following categories:

5.1 Illegal activities

• fraud

• money laundering

• terrorist financing

• tax evasion

5.2 Financial crime and abuse

• misuse of payment systems

• account manipulation

• circumvention of controls

5.3 Sanctions and regulatory breaches

• dealing with sanctioned individuals or entities

• transactions involving restricted jurisdictions

5.4 High-risk business activities

• unlicensed financial services

• fraudulent or deceptive schemes

5.5 Misuse of services

• artificial transaction flows

• abuse of refunds or chargebacks

6. INTERACTION WITH OTHER POLICIES

6.1 This AUP should be read together with:

• Account Agreement

• Fraud Policy

• Cardholder Terms

7. INTERPRETATION

7.1 We determine whether an activity is prohibited.

7.2 Our interpretation is based on:

• applicable law

• regulatory expectations

• risk considerations

8. CUSTOMER RESPONSIBILITY

8.1 You are responsible for:

• ensuring your use of services complies with this AUP

• monitoring activity on your account

9. CONSEQUENCES OF BREACH

9.1 Breach of this AUP may result in:

• suspension of services

• account termination

• reporting to authorities

10. UPDATES

10.1 We may update this AUP periodically.

11. GENERAL PROHIBITION

11.1 You must not use our services in connection with any activity that:

• is unlawful

• is fraudulent

• exposes Digital Capital to regulatory, financial, or reputational risk

12. FINANCIAL CRIME

You must not use our services in connection with:

• money laundering

• terrorist financing

• proliferation financing

• tax evasion

• sanctions evasion

13. FRAUD AND DECEPTIVE PRACTICES

Prohibited activities include:

• impersonation scams

• phishing schemes

• identity theft

• fraudulent investment schemes

• deceptive sales practices

14. MISUSE OF PAYMENT SYSTEMS

You must not:

• artificially generate transactions

• cycle funds to manipulate activity

• misuse payment flows

• attempt to bypass limits or controls

15. ABUSE OF REFUNDS AND CHARGEBACKS

Prohibited activities include:

• intentional chargeback abuse

• false refund claims

• repeated dispute misuse

• manipulation of merchant disputes

16. SANCTIONS AND RESTRICTED JURISDICTIONS

You must not:

• transact with sanctioned individuals or entities

• use services in restricted jurisdictions

• facilitate sanctioned transactions

17. UNLICENSED OR UNREGULATED ACTIVITIES

You must not use our services for:

• unlicensed financial services

• unauthorised payment services

• illegal investment activity

18. HIGH-RISK BUSINESS MODELS

The following may be restricted or prohibited:

• illegal gambling

• counterfeit goods

• pyramid or Ponzi schemes

• fraudulent marketplaces

• unregulated crypto activities

19. CRYPTO-RELATED ACTIVITIES

19.1 Certain crypto-related activities may be restricted.

19.2 Use of services for:

• unregulated crypto exchanges

·         high-risk token activity may be prohibited or restricted.

20. MERCHANT CATEGORY RESTRICTIONS

20.1 Transactions involving certain merchant categories may be:

• restricted

• declined

20.2 This includes categories restricted by card schemes.

21. CARD MISUSE

You must not use cards for:

• prohibited merchant categories

• circumvention of controls

• misuse of pre-authorisation

22. PRE-AUTHORISATION ABUSE

You must not:

• misuse pre-authorisation holds

• artificially inflate reserved amounts

23. STRUCTURING AND EVASION

You must not:

• structure transactions to avoid limits

• split transactions artificially

• disguise transaction purpose

24. THIRD-PARTY ACCOUNT USE

You must not:

• allow unauthorised third parties to use your account

• operate accounts on behalf of undisclosed parties

25. MISREPRESENTATION

You must not:

• provide false information

• misrepresent identity or purpose

• conceal beneficial ownership

26. ILLEGAL GOODS AND SERVICES

You must not use our services in connection with:

• illegal goods

• controlled substances

• counterfeit items

• prohibited weapons

27. HARMFUL OR ABUSIVE CONTENT

You must not use services for:

• harmful activities

• abusive or exploitative conduct

28. SYSTEM ABUSE

You must not:

• attempt to interfere with systems

• exploit vulnerabilities

• disrupt services

29. DATA MISUSE

You must not:

• misuse personal data

• breach data protection laws

• process data unlawfully

30. OTHER HIGH-RISK ACTIVITIES

We may restrict additional activities based on:

• regulatory expectations

• risk assessments

• operational considerations

31. MONITORING OF ACTIVITY

31.1 We monitor activity to ensure compliance with this AUP.

31.2 Monitoring may include:

• transaction monitoring

• behavioural analysis

• risk scoring

• fraud detection systems

31.3 Monitoring may be:

• automated

• manual

32. RISK-BASED CONTROLS

32.1 We apply controls based on risk.

32.2 These controls may include:

• transaction limits

• payment restrictions

• additional verification

32.3 Controls may be applied dynamically.

33. INVESTIGATION OF BREACHES

33.1 Where a breach is suspected, we may:

• investigate account activity

• request information

• review transactions

33.2 Investigations may involve third parties.

34. ENFORCEMENT ACTIONS

34.1 Where this AUP is breached, we may:

• decline transactions

• block payments

• restrict account functionality

• suspend services

• terminate the account

34.2 Actions may be taken without prior notice where necessary.

35. ACCOUNT SUSPENSION

35.1 We may suspend accounts where:

• fraud is suspected

• regulatory risk is identified

• compliance concerns arise

35.2 During suspension:

• transactions may be restricted

• access may be limited

36. ACCOUNT TERMINATION

36.1 We may terminate accounts where:

• breaches are serious or repeated

• risk cannot be mitigated

37. REPORTING TO AUTHORITIES

37.1 We may report activity to:

• regulators

• law enforcement

37.2 This may occur without prior notice where required by law.

38. THIRD-PARTY AND PARTNER MODEL

38.1 Where services are accessed via a Partner:

• we retain responsibility for regulated services

• we retain enforcement authority

38.2 Partner access does not limit our ability to:

• monitor

• restrict

• terminate

39. IMPACT ON SERVICES

39.1 Enforcement actions may impact:

• payments

• account access

• card usage

40. CUSTOMER NOTIFICATION

40.1 We may notify you of actions taken where appropriate.

40.2 Notification may be withheld where:

• prohibited by law

• it would compromise investigations

41. APPEALS AND REVIEW

41.1 You may contact us if you believe enforcement action was taken incorrectly.

41.2 We may review decisions where appropriate.

42. INTERACTION WITH OTHER POLICIES

42.1 This AUP operates alongside:

• Fraud Policy

• Account Agreement

• Cardholder Terms

43. CONTINUOUS IMPROVEMENT

43.1 We may update controls and restrictions based on:

• emerging risks

• regulatory changes

• operational experience

44. POLICY REVIEW

44.1 This AUP is reviewed periodically.

44.2 Updates may be made without prior notice.