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Acceptable Use Policy

Sets out what is and is not permitted on the Spike App

This Acceptable Use Policy (the “AUP”) sets out what is and is not permitted when you use the Spike App. The AUP is incorporated by reference into the Spike App Terms of Use. Defined terms have the meaning given in the Master Definitions Schedule.

To use the Spike App you must:

  1. be at least 18 years old;
  2. have legal capacity to enter into binding contracts;
  3. not be a Sanctioned Person;
  4. not be located in or organised under the laws of a Prohibited Jurisdiction; and
  5. provide accurate registration information and keep it up to date.

You must not use the Spike App if you are located in, ordinarily resident in, or accessing the Spike App from any of the following jurisdictions, or if you are a national of or organised under the laws of any of them:

  1. Cuba;
  2. Iran;
  3. North Korea (the Democratic People’s Republic of Korea);
  4. Syria; and
  5. the Crimea, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine.

Spike may add to or amend the list of Prohibited Jurisdictions from time to time, including to reflect changes in sanctions regimes maintained by the United Kingdom, the United States, the European Union, and the United Nations. The current list will be made available through the Spike App or on the Spike website.

Certain features of the Spike App may be unavailable, restricted, or subject to additional conditions in jurisdictions where local law requires authorisation that Spike, the relevant Service Provider, or the Platform Partner does not hold. Spike may apply jurisdictional routing constraints, disable features, or refuse Instructions to give effect to such restrictions.

You must not use the Spike App to do, attempt to do, or facilitate any of the following:

  1. anything that breaches applicable law in any jurisdiction relevant to your use of the Spike App;
  2. anything that constitutes or facilitates fraud, theft, embezzlement, market abuse, insider dealing, market manipulation, or any other financial crime;
  3. the laundering of the proceeds of crime, the financing of terrorism, the financing of weapons of mass destruction proliferation, or any sanctions evasion;
  4. the evasion of tax, exchange controls, capital controls, or other lawful restrictions on the movement of funds or assets;
  1. any transaction or activity involving a Sanctioned Person, a Prohibited Person, or a Prohibited Jurisdiction;
  2. any transaction or activity that would breach the sanctions regimes administered by His Majesty’s Treasury, the Office of Foreign Assets Control of the U.S. Department of the Treasury, the European Union, or the United Nations;
  1. interference with, disruption of, or any unauthorised access to the Spike Platform, the Spike App, the Spike API, or any other user’s data or session;
  2. scraping, harvesting, or use of automated tools to extract data from the Spike App or the Spike API beyond the documented integration mechanisms;
  3. circumvention or attempted circumvention of any security, rate-limit, geofence, or access-control measure;
  4. reverse engineering, decompilation, or any attempt to derive the source code of the Spike App, the Spike Platform, or the Spike API, except to the extent permitted by mandatory applicable law;
  5. any action that would or might bring Spike, the Spike Platform, or any Service Provider into disrepute;
  6. misrepresentation of identity, authority, or commercial intent;
  1. transmission through the Spike App of any content that is unlawful, defamatory, obscene, harassing, or that infringes intellectual-property rights;
  2. use of the Spike App or any account references for unsolicited communications, spam, or scams;
  1. submission of Instructions in respect of any Linked Account or Linked Wallet you do not lawfully control;
  2. submission of Instructions designed to obscure the origin or destination of value in a manner inconsistent with applicable law;
  3. use of the Spike App in connection with mixers, tumblers, privacy coins, or other tools used to obfuscate the source or destination of value, where prohibited under applicable AML/CTF Laws or Service Provider rules;
  1. the operation of an unlicensed money services business, virtual asset service provider, exchange, or trading venue;
  2. the conduct of regulated financial services activity for which you are not authorised;
  3. any activity involving illegal goods or services, including unlawful drugs, weapons, ammunition, child sexual abuse material, human trafficking, modern slavery, or wildlife trafficking;
  4. any gambling activity that is not licensed and lawful in the jurisdiction in which it takes place; and
  5. any activity that Spike notifies you is prohibited from time to time.

Where Spike has reasonable cause to believe that you have breached this AUP, Spike may, with or without notice and at its discretion:

  1. reject, suspend, or delay any Instruction;
  2. suspend access to the Spike App or to specific features;
  3. close your Spike Account;
  4. notify the relevant Service Provider, Platform Partner, or Governmental Authority where Spike is required or permitted to do so by applicable law; and
  5. retain records and data for the periods set out in the Privacy Notice and as required by applicable law.

Spike’s decision not to act on a particular breach does not waive its rights in respect of that or any other breach.

If you become aware of any breach of this AUP, including by another user, please report it through the Spike App support channels or to the contact details published in the Spike Complaints Policy.

Spike may update this AUP from time to time, particularly to reflect changes in sanctions regimes, AML/CTF Laws, and Spike’s risk policies. Material changes will be communicated as set out in the Spike App Terms of Use.