2. Documents
  3. General Terms and Conditions

General Terms and Conditions - Valid from 01. 02. 2025

  1. The company stockX a.s., ID: 07781156, with its registered office at Lublaňská 267/12, Vinohrady, 120 00 Prague 2 (hereinafter referred to as the "Administrator"), is the author of the online portal XDIGR (hereinafter referred to as the "Portal"), which offers customers (hereinafter referred to as the "Customer") the opportunity to participate in speculative trading opportunities through CFD contract trading.
  2. These Terms and Conditions (hereinafter referred to as the "TC"), the Terms of Use of the electronic wallet, and the Complaints Procedure form the Framework Agreement between the Operator and the Customer, which sets out the rules for cooperation between the Operator and the Customer.
  3. The company stockX a.s. acts as an intermediary for trades on behalf of the Operator; however, it does not have direct access to the stock exchange, nor does it determine commodity prices or other asset prices on real markets, as it is not a member of these markets. All trading opportunities available on the Portal are exclusively executed through stockX a.s.
  4. The operator of the portal is the company XDIGR.cz s.r.o., ID 17639158, with its registered office at Kurzova 2222/16, Stodůlky, 155 00 Prague 5 (hereinafter referred to as the "Operator"). The Operator holds its customers' financial funds in segregated accounts to ensure their security and separation from the Operator's financial funds. The company stockX a.s., as the Administrator, operates exclusively with the Operator’s financial funds and does not use customer funds for trading activities.
  5. The Customer acknowledges that neither the Administrator nor the Operator uses algorithmic trading. All trading decisions are made manually or based on market analysis. Neither the Administrator nor the Operator trades on their own account based on Customer instructions. All trading is conducted exclusively through CFD contracts on global markets accessible through licensed brokerage companies via stockX a.s., as the Administrator.
  6. By registering on the XDIGR Portal, the Customer submits a binding offer to conclude the Framework Agreement with the Operator. During registration, the Customer is required to provide the Operator with the necessary information, specifically the first name, last name, date of birth, and residence of a natural person, or the company name, ID number, and registered office of a legal entity, as well as information about the natural person acting on behalf of the legal entity. The Customer must provide the Operator with a scanned copy of an identification document – either a national ID card, passport, or driver's license. The Customer is also required to provide proof of the existence of a bank account with any bank authorized to provide its services within the EU, either by making a verification payment, submitting a bank statement, or providing a confirmation of account ownership. Additionally, the Customer must provide the Operator with a valid mobile phone number and email address, which may be used for verifying certain transactions and for communication between the Operator and the Customer. By registering, the Customer also accepts these TC, the Terms of Use of the electronic wallet, and the Complaints Procedure. The Customer chooses their own login credentials (username and password) during registration.
  7. The Customer declares that all information provided during registration is truthful, complete, and accurate and that they do not conceal or withhold any information essential for the proper fulfillment of the contract. The Customer is required to confirm during registration that neither they nor any members of their statutory bodies (in the case of a legal entity) are politically exposed persons or persons subject to international sanctions and that the financial resources intended for the execution of the contract do not originate from criminal activities. If any of these circumstances change during the term of the contract, the Customer must inform the Operator immediately. If it is found that the Customer provided false information about any of these circumstances or failed to report any changes, the Operator has the right to block the Customer's access to the Portal and terminate the contract.
  8. The Operator will review the submitted offer for compliance with applicable legal regulations and, if the assessment is positive, confirm its acceptance to the Customer in electronic form. The contract becomes effective upon delivery of this confirmation to the Customer. The Customer will gain access to the client section immediately upon the contract taking effect. The Operator is not obligated to accept the Customer's offer, and the Customer has no legal right to contract conclusion.
  9. The Operator offers various trading opportunities on the Portal with different assets (stocks, cryptocurrencies, other commodities) across different markets and platforms (hereinafter referred to as "Slot"). Each Slot is specified on the Portal with a trade description (commodity, platform), duration, start date, potential return, risk index, Slot management fee, the total amount required for Slot execution, and information on whether investments can be made into the Slot after its launch. All transactions related to Slots (including payments and payouts) are carried out by the Operator. The Operator is XDIGR.cz s.r.o., ID 17639158, with its registered office at Kurzova 2222/16, Stodůlky, 155 00 Prague 5. The Administrator is contracted by the Operator to execute these trading transactions.
  10. The Operator bears full responsibility for offering trading opportunities (Slots) on the Portal and for the execution of all activities related to trading transactions performed for the Operator by the Administrator. The Operator ensures that all trading opportunities offered on the Portal are properly described, in compliance with applicable legal regulations, and transparently communicated to Customers. This includes, in particular:
    1. Offering trading opportunities, including stocks, cryptocurrencies, and other commodities across different markets and platforms.
    2. Providing accurate and complete information about each Slot, including trade description, commodity, platform, duration, potential return, risk index, Slot management fee, total amount required for Slot execution, and conditions for investing in the Slot after its launch.
  11. The Operator is fully responsible for all trading transactions related to Slots, including payments, payouts, and other activities necessary to execute trading opportunities on the Portal. All trading operations associated with Slots are carried out exclusively through the Administrator, who ensures their technical and administrative execution. The Operator must ensure that all transactions are conducted securely, transparently, and in compliance with legal regulations.
  12. The Operator assumes full responsibility towards Customers for the accuracy and completeness of transactions and for their execution in accordance with the terms specified on the Portal.
  13. The Operator is required to provide transparent information to Customers about all conditions of the trading opportunities offered on the Portal and ensure that Customers have access to all relevant information regarding their trading transactions. In the event of any changes or events that may affect transactions or Slot conditions, the Operator must promptly notify Customers via the Portal or another appropriate communication channel.
  14. The Operator provides customer support to address inquiries and issues related to the offered trading opportunities and transactions. In the event of any disputes or complaints concerning the Operator's activities, the Operator will handle these complaints in accordance with legal requirements and the trading terms of the Portal.
  15. The Customer selects a specific Slot on the Portal, specifies the amount they wish to invest in the Slot, and confirms their selection. The minimum amount is 100 CZK. The Operator's system will then generate a payment order for the Customer's selected amount. Unless otherwise stated for a particular Slot, the amount is payable in cash to the Operator's account.
  16. Unless otherwise specified in the payment order generated according to the previous section, the amount is due within 3 days of confirming the selection. If the Customer fails to make the payment within 14 days, the Administrator is entitled to cancel the transaction. In the case of a Slot that does not allow investments after its launch, unpaid Customer orders will be automatically canceled on the Slot's launch date. For a Slot that allows investments after its launch, unpaid orders will be canceled on the Slot's closing date and settled as zero transactions.
  17. A Slot may be conditional on reaching the required total amount for its execution. This amount and the deadline by which Customers must contribute are always specified in the Slot's description. The Operator may decide to execute the Slot even if the announced threshold is not met. The Operator will inform each Customer who has made a payment under Article 6 whether the required amount has been gathered within the given period and whether the Slot will be executed or not. If the Slot is not executed, the Operator will refund the amount paid by each Customer unless otherwise agreed.
  18. Each Slot will be evaluated by the Operator after the specified time period expires. The Operator will then generate a settlement statement for individual Customers and make it available in their client section. Unless agreed otherwise with the Customer, the Operator will refund the deposit, possibly reduced by any losses incurred by the Slot, and credit the Customer’s share of the profit, if achieved, to their user wallet. Upon the Customer’s request, the Operator will transfer the requested portion of the user wallet balance to the Customer’s bank account provided during registration.
  19. If there is a high probability that a Slot may result in a significant loss that can be prevented or mitigated by terminating trading, the Administrator is authorized to decide on the early termination of the Slot.
  20. The client account is non-transferable. The Customer is not entitled to request a refund of their deposit while trading within a Slot is ongoing.
  21. Communication and interactions between the contractual parties during the contractual relationship shall take place via email (the Operator’s email address is listed on the Portal, and the Customer’s email address is provided during registration on the Portal). However, the contract may only be amended or terminated in writing. The Customer acknowledges that the Operator may record all email communications and communications conducted through the Portal for its internal records and control purposes.
  22. The Operator is entitled to communicate with and notify the Customer by placing the relevant document in their client account on the Portal. In such a case, the document is considered delivered on the 5th day after being stored, regardless of whether the Customer logs into their section on the Portal. The Operator is not liable for any damages incurred by the Customer due to the misuse of the Customer’s login credentials for their Portal section.
  23. The Customer acknowledges that although the Operator and Administrator make every professional effort in executing the Project and individual Slots, the Customer is not guaranteed any profit or return on their invested amounts, as success depends on factors beyond the Administrator’s or its trading partners' control. The Customer understands that under unfavorable circumstances, they may lose their entire invested amount. Therefore, the Operator is not liable for any losses incurred by the Customer under this contract unless caused by the Operator’s intentional misconduct or gross negligence. The Operator is not liable for any lost profits under any circumstances. For Customers who are consumers under the relevant provisions of the Civil Code, the waiver of damage compensation applies only to the extent that it does not contradict Section 1814(a) of the Civil Code.
  24. The Customer acknowledges that any misuse of access credentials in any way is strictly prohibited, particularly any use that could result in unauthorized access to the Portal or any server, computer, or database related to the Portal, or any activity that could threaten or damage the operation, functionality, quality, or integrity of the Portal, or lead to the acquisition or collection of information about other Customers without their consent. If the Operator detects a violation of any of these prohibitions, the Operator is entitled to block the Customer's access to the Portal and terminate the contract.
  25. Information exchanged between the parties during the validity of the contract is considered confidential, and neither party is entitled to use or exploit such information for any purpose other than fulfilling agreements related to the projects unless released from this confidentiality obligation by the other party. Each contractual party is responsible for ensuring compliance with this obligation, including third parties to whom confidential information is disclosed in connection with contract fulfillment. This obligation remains in effect even after the contract’s termination. However, this obligation does not apply in the event of a dispute between the parties that is being resolved by a court or other competent authority.
  26. Since the legal conditions for processing personal data under Article 6(1)(b) and (c) of Regulation (EU) 2016/679 of the European Parliament and the Council (GDPR) are met, the Customer and members of their statutory bodies are not required to provide consent for the processing of their personal data. Information regarding the rights of data subjects arising from the Regulation is published on the website www.xdigr.cz/gdpr.
  27. The Operator is obligated under applicable legal regulations, particularly Act No. 253/2008 Coll. on certain measures against money laundering and terrorist financing, to identify and verify individuals subject to identification, fulfill its information obligations, and for this purpose, collect and process data on such individuals, including the Customer and, in the case of a legal entity, its statutory representatives and beneficial owners as defined by law. To comply with these obligations, the Operator is entitled to request, and the Customer is required to provide, identification documents for these individuals, along with other necessary documents and information required for proper identification and verification as prescribed by law, including but not limited to documents and information concerning the source of the Customer's financial funds. If the Operator's accounts or application are blocked, its activities are suspended, or it is investigated by authorities due to the Customer providing false information, the Customer is liable for compensating the Operator and all other Customers for any damages incurred, including costs for legal, accounting, and other professional services.
  28. The Customer is required to promptly notify the Operator of any changes to their identification details, as well as any changes in circumstances that may affect the fulfillment of the contract. Failure to comply with this obligation may result in financial losses for the Customer, including potential account restrictions.
  29. The Contract shall not be subject to Section 558(2), Sections 1748, 1765–1766, 1793–1795, 1971, and Section 1987(2) of the Civil Code. The contracting parties expressly agree that this contract is not affected by commercial customs and does not contain any surprising provisions under Sections 1799 and 1800 of the Civil Code. These provisions apply only if both parties act as entrepreneurs within the meaning of the Civil Code and do not apply to consumer contracts. The Customer may not assign rights and claims arising from this contract without the prior written consent of the Administrator. The Administrator is entitled to assign rights, obligations, and claims arising from this Contract to a third party only with the Customer's consent if the Customer is acting as a consumer under the Civil Code. If the contract is concluded between business entities, the Administrator is entitled to assign rights and obligations under this Contract without the Customer's additional consent. If this contract is concluded with a Customer who is a consumer under the Civil Code, all provisions of this contract shall be interpreted in accordance with consumer protection principles. The Administrator and the Customer declare that neither considers themselves to be the weaker contractual party, and the Customer declares that they are acting within their business activities. If the Customer is in the position of a consumer, the provisions of the Civil Code protecting consumers shall apply to this contractual relationship.
    • The contract may be terminated
      1. by written agreement of the contracting parties on the date specified in such an agreement;
      2. by termination notice from either contracting party without stating a reason, with a one-month notice period, which begins on the first day of the month following the month in which the notice was delivered to the other contracting party; or
      3. by withdrawal from the contract in cases expressly provided for in these TC and further in cases stipulated by the Civil Code or other specific legal regulations.
  30. In all other matters, the contractual relationship shall be governed by the generally binding legal regulations applicable in the Czech Republic. The contracting parties have agreed that disputes arising from or related to this contract, which cannot be resolved amicably, shall be heard and decided by the general court of the Operator, as determined by the procedural regulations of the Czech Republic. A Customer who is a consumer under the relevant provisions of the Civil Code may, in the event of a dispute, contact the Financial Arbiter, who is the competent body for out-of-court resolution of consumer disputes in the financial market. The website of this designated authority is www.finarbitr.cz.
  31. The Operator is entitled to unilaterally amend these TC. The Operator will notify the Customer of the changes by delivering the updated terms to the Customer via their email address. The Customer has the right to reject the changes and terminate the contract for this reason.
  32. These Terms and Conditions are valid from February 1, 2025.