Acceptable use policy

Acceptable Use Policy

You are independently responsible for complying with all applicable laws in all of the actions related to the use of our services (“Services”), regardless of the purpose of the use. This Acceptable Use Policy (“AUP”) supplements and is to be construed in accordance with the terms and conditions contained in the Terms of Use.

This AUP is subject to change at any time without notice, and the changes will be effective when posted. Your continued use of the Services indicates your acceptance and agreement to the AUP changes. We recommend checking this page regularly as it is legally binding to you.

1. Prohibited Users

   The following entities and/or individuals are ineligible to use our Services:

   • Persons listed in the US OFAC Specially Designated Nationals (“Restricted Persons”);

   • Your use of Services may cause us not to be compliant with relevant laws, and sponsor bank requirements rules and policies;

   • You are a resident, national or agent of Afghanistan, Belarus, Bosnia and Herzegovina, Burma (Myanmar), Central African Republic, the Democratic Republic of Congo, Croatia, Cuba, Ethiopia, Iran, Iraq, Kosovo, Lebanon, Libya, Macedonia (North), Mali, Montenegro, Nicaragua, North Korea, Russian Federation, Serbia, Slovenia, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, Yemen, Zimbabwe, or any other country to which the United States embargo goods (“Restricted Jurisdiction”); or

   • You intend to transact with any Restricted Jurisdiction or Restricted Persons.

      

2. Prohibited Activities and Business Types

   You are ineligible (or may become ineligible) to use our Services if you fall into one of the following categories. To clarify, the following lists are not exhaustive and we may modify them at our sole discretion without notice:

   • 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, wildlife trafficking or political corruption.

   • Weapons:
     Manufacturing, building or assembling weapons of any kind, including but not limited to, firearms, ammunition, knives, explosives, or related accessories. Military software or any other goods or services intended for military use.

   • Gambling:
     Gambling activities including but not limited to sports betting, fantasy sports, casino games, game of chance, 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.

   • Marijuana/CBD:
     Marijuana as well as CBD in any form for sale for any purpose, including medicinal or homeopathic, regardless of legal status. 

   • Controlled substances and drug paraphernalia:
     Controlled substances or other products that present a risk to consumer safety. 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. Nutraceuticals, pseudo-pharmaceuticals, or similar products not approved by the applicable regulatory body and online pharmacies.

   • 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. Sexually oriented establishments (massage parlors, strip clubs, gentleman’s clubs).

   • 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.

   • 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.

   • Ransomware:
     Ransomware services, including cyber incident response and data-breach response.

   • Precious metals and jewelry:
     Sales of or dealers in precious metals (coins, bullion, etc.), precious stones, and fine jewelry.

   • Auction services:
     Online auction services and pawn shops.

   • ATM Operators:
     Operators of privately owned ATMs, with the exception of crypto ATMs and kiosks.

   • 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.

   • Alcohol:
     Selling of any alcoholic beverages. 

   • Tobacco:
     Including but not limited to non-cigarette tobacco products, electronic cigarette and cigars.

   • Intellectual property:
     Goods or services that infringe or violate any copyright, trademark, trade secret, patent 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 OwlTing’s request, you must provide records about the authenticity of your products.

   • Bankruptcy service:
     Bankruptcy attorneys, collection attorneys, factoring companies, or liquidation services.

   • 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.

   • Debt Collection:
     Collection agencies and any business engaged in the collection of debt, including those associated with medical billing, or factoring companies.

   • Pay-day lenders:
     Pay-day lending, short term cash loans, title loans, and cash advance services.

   • Chemicals:
     Nuclear Chemicals or related product sales, distribution or related businesses.

   • Investment & Credit Services:
     Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; lending instruments, crowdfunding.

   • 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.

     • Foreign Exchange trading (FX trading).

        

3. Prohibited Transactions

   Using the Services for transfers related to the following is prohibited, and OwlTing reserves the right to monitor for transactions that relate to:

   • Money laundering;

   • Terrorist financing;

   • 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); or

   • Processing transactions on behalf of another business other than the one listed on the account.

      

4. Restricted Activities

   For the use of the Services, you hereby agree that you will not:

   • Violate (or assist any other party in violating) any applicable law, statue, ordinance or regulation; including but not limited to, AML, CTF and OFAC regulations and money transmission related laws; Intentionally try to defraud (or assist in the defrauding of) OwlTing or other users;

   • Provide any false, inaccurate or misleading information;

   • Take any action that interferes with, intercepts or expropriates any system, data or information;

   • Involve in any transaction that related to the proceeds of illegal activity;

   • Transmit or upload any virus, worm or other malicious software or program;

   • Attempt to gain unauthorized access to other accounts, the OwlPay Platform or any related networks or systems;

   • Use the Services on behalf of any third party or act as an intermediary between OwlTing and any third parties;

   • Collect any user information from other users including, without limitation, email addresses;

   • Defame, harass or violate the privacy or intellectual property rights of OwlTing or any other users; or

   • Upload, display or transmit any messages, photos, videos or other media that contain illegal goods, violent, obscene or copyrighted images or materials.

      

5. API

   Use of the API is to allow you to integrate the Services with other computer programs or services that you may use in connection with our Services. Any abuse of the API, excessive requests deemed to be beyond that required to carry out normal integrations may result in suspension of API or account access. 

6. Violations of this Policy

   OwlTing will monitor your transactions and activities for potential violations of this AUP.  Monitoring includes but not limited to reviewing your account activities as well as using third-party information or sources. OwlTing reserves the right 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:

   • Blocking or withholding a transaction;

   • Holding fund associated with a prohibited transaction;

   • Suspending, restricting or terminating your use of the Services;

   • Subjecting you to applicable fines, assessment, expenses and fees;

   • Legal action against you including proceedings for reimbursement of all costs on an “all expenses” basis; or

   • Reporting and disclosure of information to law enforcement authorities.

      

We encourage you to contact us at owlpaysupport@owlting.com if you believe you may be in violation of this AUP.