1. If you are an individual, you are at least 18 years of age. If you are a company/corporation, you must be registered under the Companies Act 1965/2016;
2. You have full capacity to accept the Agreement and enter into any transaction available through the Site;
3. You will not have more than one Account or use or access any Account other than your own, nor assist any other person in obtaining unauthorised access to your Account or any other Account;
4. All information and documents provided to us are true, correct, complete, and not misleading in any material way, and such information and documents will remain true and correct;
5. All actions, conditions, and things required to be taken, fulfilled, and done in order:-
   • to enable you to lawfully enter into, exercise your rights, perform, and comply with your obligations under the agreement, and
   • to ensure that those obligations are valid, legally binding, and enforceable, have been taken, fulfilled, and done;
6. Your obligations under the Agreement are valid, binding, and enforceable;
7. You are solvent, able to pay your debts as they fall due, and not an undischarged bankrupt and/or are a going concern;
8. Your entry into, exercise of your rights, and/or performance of or compliance with your obligations under the Agreement does not and will not:-
   • violate any agreement to which you, or where applicable, any of your affiliates, is a party or which is binding on any of you or your respective assets, or;
   • result in the existence of, or oblige any of you to create, any security over those assets;
9. You have obtained all consents, licences, approvals, or authorisations of, exemptions by, or registrations with, or declarations by, any governmental or other authority that you require, and these are valid and subsisting and will not be contravened by the execution or performance of the Agreement;
10. Your use of the Services complies with all applicable laws;
11. You will inform yourself and, if necessary, consult your own professional advisers as to the relevant legal, tax, and exchange control regulations in force in the countries of your citizenship, residence, or domicile; and
12. You will not use your Account for or in relation to any illegal or prohibited activities, in violation of any laws, statutes, ordinances, or regulations, or in breach of export controls or sanctions requirements.

1. You acknowledge that we are obliged to carry out KYC processes in accordance with the applicable laws and our AML/CFT Policy Statement, which can be found on our Site.
2. You agree to provide us with any information or documentation we may request for the purposes of identity verification, wire transfer requirement and for the detection of money laundering, terrorist financing, proliferation financing, targeted financial sanctions, fraud, or any other financial crime, and you permit us to keep a record of such information.
3. You agree to complete certain verification procedures before you are permitted to start using the Services and to access specific Services, including certain transfers of any digital assets. The limits that apply to your use of the Services may be altered by us from time to time based on information collected on an ongoing basis.
4. By providing us with information required for our KYC processes, including compliance with wire transfer rules to facilitate the exchange of customer information between DAXs when sending and receiving digital assets, you confirm that the information provided to us is true, correct, and complete. You undertake to inform us promptly of any change in the information provided. We will treat this information in accordance with our Privacy Policy, which can be found on our Site.
5. You agree to provide any information or documents requested by us in relation to your Account, including where necessary for complying with any applicable laws or pursuant to any order, direction, or request by any applicable court, government, or regulatory authority. This includes, but is not limited to, any applicable anti-money laundering requirements or tax disclosure and reporting obligations. Where applicable, we may share the information you provide to us with the Inland Revenue Board of Malaysia for the purposes of complying with our obligations under applicable tax disclosure or reporting obligations.
6. The use of the Services is subject to transaction and transfer limits on the amount of MYR or digital assets within a specified period (e.g., daily), which may be adjusted periodically. We reserve the right to modify these limits as necessary.
7. You agree to comply with all ECDD, and other KYC requirements. You acknowledge that during the review of your Account activity, your Account may be restricted and you agree to wait until any restrictions on your Account are lifted before you can fully utilise the Services.

1. You agree to fully comply with our Anti-Bribery, Corruption and Whistleblowing Policy Statement, which can be found on our Site. This commitment includes refraining from offering, accepting, or soliciting any form of bribe, kickback, improper payment and/or benefits in kind and maintaining transparent and ethical business practices at all times.

1. Trigger Condition: In the event that KDX records an increase or decrease of 50% in the price of the DAs within a 24-hour period, based on the last traded price prior to the 24-hour period, the circuit breaker will be triggered.
2. Action
   • Trading Halt: An automated trading halt will be activated. During this period, customers will not be allowed to place new orders but will be able to cancel any existing open orders.
   • Duration: The circuit breaker will temporarily halt trading for up to one (1) hour. All filled orders on all order books will remain valid. Orders that are not filled and are partially filled will remain in the order books during the trading halt.
   • Restoration: Upon the lifting of the trading halt, KDX platform will be restored to full trading mode.
   • Notification: If a circuit breaker is triggered, the Company will immediately notify customers through an announcement on its official website and direct email to the customers.
3. Re-triggering: If, after the trading halt is lifted, there is another increase or decrease of 50% in the price of the DAs, the circuit breaker will be triggered again, and a subsequent trading halt will be implemented as described above.

Digital Asset Transfers

Digital Asset Transactions

Supported and Approved Digital Assets

Compliance and Cancellations

Erroneous Transfers

Ownership and Risk of Digital Assets

Control of Digital Assets

MYR in Your KDX Wallet

• Purchasing supported and approved digital assets.
• Withdrawing to an approved bank account.

Earnings and Fees

We will only accept MYR deposited from bank accounts that are registered in your name. If we have any concerns about the origin of the funds or if they do not come from your bank accounts, we reserve the right to return the funds to you, subject to applicable laws.

For deposits of digital assets, you may transfer assets from third-party hosted digital wallets that belong to you into your KDX Wallet.

Internal Transfers

Internal transfers of digital assets between accounts within Kinetic are conducted exclusively on the Kinetic platform. These transfers do not involve any blockchain network, meaning that transactions are not broadcast to, or confirmed by, any public ledger.

The internal transfer feature is available only to you as a registered customer of Kinetic. This feature is designed to enhance your experience by allowing for rapid transfers between accounts without the need for blockchain confirmations.

Kinetic imposes no fees or charges on internal transfers. You can transfer supported digital assets between accounts on the platform without incurring additional costs.

All digital assets supported by the Kinetic platform are eligible for internal transfers. You may transfer any digital asset listed and available on the platform between your accounts or to other customers within the Kinetic platform.

Kinetic reserves the right to modify the list of supported digital assets for internal transfers at any time, with or without prior notice, to maintain the integrity and security of the platform.

Transfers on Digital Asset Networks

When you send or receive digital assets, the transfer must be confirmed and recorded in the public ledger associated with the relevant digital asset network (e.g., the Bitcoin network or the Ethereum network). That digital asset network is solely responsible for verifying and confirming any such transactions. Kinetic cannot confirm, cancel, or reverse digital asset transfers once they have been broadcast to the relevant digital asset network.

• Once submitted to a digital asset network, a digital asset transfer will be unconfirmed for a period of time pending sufficient confirmation of the digital asset transfer by the digital asset network. A digital asset transfer is not complete while it is in a pending state. Digital assets associated with transfers that are in a pending state will be designated accordingly and will not be included in your Account or be available to you to conduct transactions.
• When you send digital assets from your Account, you are authorising us to submit your transfer request to the relevant digital asset network. Once a transfer request has been submitted to the relevant digital asset network, the digital asset network will automatically complete or reject the request, and neither you nor Kinetic will be able to cancel or otherwise modify your transfer.
• Digital asset networks are operated by decentralised networks of independent third parties. They are not owned, controlled, or operated by Kinetic, so we cannot ensure that any transaction details you submit will be confirmed by the relevant digital asset network.
• You acknowledge that any transaction details you submit may not be completed or could experience significant delays due to the digital asset network processing the transaction. Once submitted, a request is processed automatically and cannot be modified or cancelled by either you or Kinetic.
• When you or a third party sends digital assets to a digital wallet from an external digital wallet not hosted on Kinetic platform, the person initiating the transfer is solely responsible for executing the transaction properly, which may include, among other things, payment of miner’s fees for the transaction to be successful. Non-payment of miner fees may cause your transaction to remain in a pending state outside of Kinetic’s control, and we are not responsible for delays or losses incurred as a result of an error in the initiation of the transfer. Kinetic has no obligation to assist in the remediation of such transfers.

Network Protocols and Operating Rules

We do not own or control the underlying software protocols which govern the operation of digital assets supported on our platform. Generally, the underlying protocols are ‘open source,’ and anyone can use, copy, modify, and distribute them. By using our Site, you accept and agree that:

• Kinetic assumes no responsibility for the operation of the underlying protocols, and we are not able to guarantee their functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any digital asset you store in your KDX Wallet may change.
• The underlying protocols are subject to sudden changes in operating rules ("forks"), and such forks may materially affect the value, function, and/or the name of the digital asset you store in your KDX Wallet.
• Should a fork occur, Kinetic may, with or without notice to you, temporarily suspend operations in relation to that fork. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.

Unclaimed property - If we determine in good faith that we are still unable to trace you within two (2) years following dormancy, your Account will be terminated.

You agree that all assets then standing to the credit of any Account or otherwise held by us or our affiliate (as applicable), together with any property accruing to those funds and property (whether by dividends, interest, or otherwise), may be liquidated by us. The proceeds of the liquidation, after deducting any applicable administrative costs, shall be held by us for your benefit for a period of one (1) year.

If any proceeds payable to you remain unclaimed after one (1) year from the date they became payable, we shall surrender such unclaimed amount to the Registrar of Unclaimed Moneys, in accordance with the provisions of the Unclaimed Moneys Act 1965 ("UMA 1965"). Thereafter, you shall have no right to claim such proceeds from us, and you are deemed to have waived and abandoned all rights to such proceeds (and any other accruing property).

• Unlawful activity: Violation of any laws, statutes, ordinances, or regulations.
• Abusive activity: Engaging in abusive activity which includes but not limited to:
  • actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
  • transmitting or uploading any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs;
  • attempting to gain unauthorised access to the Site, other Accounts, computer systems, or networks connected to the Site, through password mining or any other means;
  • using Account information of another party to access or use the Site, except in the case of specific merchants and/or applications which are specifically authorised by a customer to access such customer’s Account and information; or
  • transferring your Account access or rights to your account to a third party, unless by operation of law or with the express permission of Kinetic.
• Abuse other customers:
  • interfere with another individual's or entity's access to or use of any Services
  • defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others;
  • incite, threaten, facilitate, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation, email addresses, without consent.
• Illegal activities: Undertaking, facilitating, or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations, accessing or using the darknet, child abuse material, scamming, or malicious hacking
• Fraud: Any fraudulent activities, including but not limited to taking any actions that defraud Kinetic or a customer or any other person, or the provision of any false, inaccurate, or misleading information to Kinetic.
• Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
• Intellectual Property Infringement: Undertaking, facilitating, or supporting transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law.
• Drugs and substances: Sale of narcotics, controlled substances, pharmaceuticals, and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, substances designed to mimic illegal drugs.
• 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, Ponzi schemes, matrix programs, "get rich quick" schemes, multi-level marketing programs, or high-yield investment programs.
• Market Manipulation: Actions taken by individuals or entities to interfere with the free and fair operation of the market, creating artificial, false, or misleading appearances regarding the price or market for a digital asset.

• Money Services: Money remittance, digital asset transmission, currency or digital asset exchanges or dealers; payment service provider, e-money, or any other financial services business.
• Investment and Credit Services: Investment funds, asset management, brokerage services, consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending.
• Charities: Acceptance of donations for non-profit enterprises.
• Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize.
• Religious/Spiritual Organisations: Operation of a for-profit religious or spiritual organisation.

• We reasonably suspect that your Account is the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is corrected.
• We reasonably suspect your Account has been or is being used in connection with any illegal, fraudulent, or Prohibited Activity, or in violation of these Terms.
• We reasonably suspect you or your Account is associated with, or poses a high risk of, money laundering, terrorist financing, fraud, or any other financial crime.
• We reasonably suspect that you have taken an action that Kinetic considers to be a circumvention of the Company's control, including but not limited to opening multiple Accounts.
• We reasonably suspect your involvement in any attempt to gain unauthorised access to any Account.
• Your Account is or appears to be subject to any legal, regulatory, or governmental process and/or we, in our sole discretion, consider there is an increased risk of legal or regulatory non-compliance associated with your Account.
• We are compelled to do so by subpoena, court order, or binding order by a government or regulatory body that is prima facie valid.
• Your name appears on a government or international body's sanctions list.

• We shall not be under any obligation to refund you the whole or any part of any fees paid or payable by you;
• You are not entitled to any compensation or indemnification for loss of rights, goodwill or otherwise, as a result of the termination in accordance with these Terms; and
• Any and all of your liabilities to us that have accrued before the effective date of the suspension, termination or cancellation shall survive even after the suspension, restriction or termination.

• freeze your funds or block your transaction (where applicable);
• reject your transaction, if the transaction has not commenced; and
• execute the necessary actions in compliance with the relevant laws, regulations and guidelines.

• you have been delisted by the sanctions list which caused the freezing of your funds or accounts; or
• your funds or accounts have been inadvertently affected by virtue of you having the same or similar name with a designated person.

• If you wish to terminate your Account, you may submit a request at support@kineticdax.zendesk.com. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

• If we receive legal documentation confirming your death or any other information leading us to believe that you have passed away, we reserve the right to block or suspend your Account for security purposes. No transactions will be completed until:
  • we receive instructions from your designated executor/fiduciary; or
  • we receive evidence to our satisfaction that you are not deceased.
• If we have reason to believe you may be deceased but lack satisfactory proof, you authorise us to make all necessary inquiries, either directly or through a third party, to confirm your status. Upon receiving satisfactory evidence of your death, your appointed executor/fiduciary may instruct us in writing to:
  • sell the applicable digital assets for MYR and withdraw the said MYR to the bank account named by the executor/fiduciary; or
  • transfer the relevant digital assets to another digital asset wallet nominated by the executor/fiduciary.
• If you do not appoint an executor/fiduciary, we reserve the right to treat any person entitled to inherit your Account under applicable law as your executor/fiduciary. Kinetic reserves the right to request all necessary documentation to verify the identity and genuineness of such person, including an order appointing an executor/fiduciary from a court of competent jurisdiction over your estate. If there is uncertainty regarding the validity of the appointment of an executor/fiduciary, we reserve the right to seek an order from a court of competent jurisdiction before taking any action related to your Account.

• Loss of Profits or Revenue: Any loss of profits, expected revenue, or gains, including anticipated trading profits or actual or hypothetical trading losses, whether direct or indirect, even if we are advised of, or knew or should have known of, the possibility of such losses.
• Loss of Intangible Assets: Any loss of reputation, goodwill, business opportunity, customers, contracts, overheads, management, or other staff time, or any other loss of revenue or anticipated savings, whether direct or indirect, even if we are advised of, or knew or should have known of, the possibility of such losses.
• Loss of Use or Data: Any loss of use of hardware, software, or data, or any corruption of data, including, but not limited to, losses arising from inaccuracies, defects, omissions, errors, delays in transmission, or interruptions in digital asset price data.
• Indirect Losses: Any loss or damage that does not arise directly from our breach of these Terms, regardless of whether you can prove such loss or damage.

• You are identified as a person by the United Nations sanctions, or Ministry of Home Affairs, Malaysia (a "Designated Person"); or
• You intend to supply any acquired or stored digital assets or Services to a Designated Person.

• Email: info@kdx.com.my
• Utilising the "Live Chat" function on the Kinetic website at https://kdx.com.my
• Sending an email and submitting a ticket via the website's Zendesk platform to support@kineticdax.zendesk.com
• Contacting via WhatsApp at +60127047678, +60129308678, +60125198678
• Contacting via Facebook Messenger at https://www.facebook.com/kdxmalaysia/