Terms and Conditions

stockx a.s., ID No.: 07781156, with its registered office at Lublaňská 267/12, Vinohrady, 120 00 Prague 2 (hereinafter referred to as the “Controller”), is the author and operator of the XDIGR online portal (hereinafter referred to as the “Portal”), through which it offers customers (hereinafter referred to as the “Customer”) the opportunity to participate in speculative trading opportunities. These Terms and Conditions (hereinafter referred to as the “OP”), the Terms of Use of the electronic wallet, and the Complaints Procedure constitute the Framework Agreement between the Controller and the Customer, which sets out the rules for cooperation between the Controller and the Customer.
By registering on the XDIGR Portal, the Customer submits a binding offer to conclude the Framework Agreement with the Controller. During registration, the Customer is obliged to provide the Controller with the necessary data, specifically the first name, surname, date of birth, and residence for an individual, or the name, ID No., and registered office for a legal entity, as well as data concerning the individual acting on behalf of the legal entity. Upon registration, the Customer must provide the Controller with a scan of an identity document—an ID card or passport and a driver’s license. The Customer is also required to provide the Controller with confirmation of the existence of a bank account at any bank authorized to offer services in the Czech Republic, or at Revolut Bank, either in the form of a verification payment, a bank statement, or bank confirmation of account ownership. When registering, the Customer must also provide the Controller with a user mobile phone number and a user email address, which may be used to verify certain transactions and through which the Controller can communicate with the Customer. By registering, the Customer simultaneously accepts these OP, the Terms of Use of the electronic wallet, and the Complaints Procedure. During registration, the Customer chooses their own login name and password.
The Customer declares that all data provided during registration are true, complete, and accurate, and that no information essential for the proper performance of the contract has been concealed or withheld. At registration, the Customer must confirm 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 performance of the contract do not originate from criminal activity. If any of these facts change during the performance of this contract, the Customer is obliged to inform the Controller without delay. If it should turn out that the Customer provided untrue information about any of these facts to the Controller, or in the event of the Customer’s failure to inform the Controller of any change in these circumstances, the Controller is entitled to block the Customer’s access to the Portal and withdraw from the contract.
The Controller will examine this offer to conclude an agreement for compliance with the applicable legal regulations and, in the event of a positive assessment, will 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 after the contract comes into effect. The Controller is not obliged to accept the Customer’s offer, nor does the Customer have any legal right to the conclusion of a contract with the Controller.
The Controller offers on the Portal various opportunities for trading different assets (stocks, cryptocurrencies, other commodities) in multiple markets and on different platforms (hereinafter referred to as the “Slot”). Each Slot on the Portal is always specified by a description of the trade (commodity, platform), duration, start date, potential yield, risk index, slot management fee, the total amount required by the Controller to carry out the Slot, and information on whether it is possible to invest in the Slot even after it has started. The Slots (including all associated trading transactions, payments, and payouts) are carried out by the Controller through the Operator. Based on a contract with the Controller, the Operator is XDIGR.cz s.r.o., ID No.: 17639158, with its registered office at Kurzova 2222/16, Stodůlky, 155 00 Prague 5. The Controller may unilaterally replace the Operator at any time. The Controller is responsible to the Customer for the Operator’s activities.
The Customer selects a specific Slot on the Portal, indicates the amount they intend to invest in the Slot, and confirms their selection. The minimum amount is CZK 100. The Controller’s system will then generate a payment order for the amount selected by the Customer. Unless otherwise stated for a given Slot, the amount is payable in cash (CZK) to the Operator’s account.
Unless otherwise stated in the payment order generated under the previous article, the amount is due within 3 days of confirming the selection. If the Customer fails to pay the amount even within 14 days, the Controller is entitled to cancel the relevant transaction. In the event that this concerns a Slot into which it is not possible to invest after it has started, unpaid orders from Customers will be automatically canceled on the start date of the Slot; in the event of a Slot that allows investment after its start date, unpaid orders will be canceled on the Slot’s end date and settled as zero.
The Slot may be conditional upon sufficient interest to cover the full amount required to carry out the Slot. This amount and the deadline by which it must be collected from Customers are always stated in the Slot’s specification. The Controller may decide to carry out the Slot even if the announced limit is not met. The Controller will inform each Customer who has made a payment according to Article 6 whether the required amount was collected within the specified time period and whether or not the Slot will be carried out. If the Slot is not carried out, the Controller will return the amount paid by each Customer, unless otherwise agreed.
Each Slot will be evaluated by the Controller once the set time has elapsed. The Controller will then prepare a statement of account for individual Customers, which the Controller will place in their client section. Unless otherwise agreed with the Customer, the Controller will return the Customer’s stake (potentially reduced by any loss generated by the Slot) and pay the Customer their share of any profit achieved by the Slot into the user wallet set up by the Customer. At the Customer’s request, the Controller will pay the requested portion of the Customer’s user wallet to the Customer’s bank account provided at registration.
If it is highly likely that the Slot could result in a large loss that could be prevented or mitigated by terminating trading, the Controller is entitled to decide on the early termination of the Slot.
The client account is non-transferable. The Customer is not entitled to request the return of their stake during the trading period of the Slot.
Communication and interactions between the contracting parties regarding the performance of the contractual relationship will be conducted by email (the Controller’s email address is listed on the Portal; the Customer’s email address is provided during Portal registration). However, the contract may only be amended or terminated in writing. The Customer acknowledges that the Controller may, for its records and controls, keep records of all email communication and communication conducted through the Portal.
The Controller is also entitled to communicate and act toward the Customer by placing the relevant document in the Customer’s account on the Portal. In such a case, the document shall be deemed to have been delivered on the 5th day following its posting, regardless of whether the Customer logs into their section of the Portal. The Controller is not liable to the Customer for any damage resulting from the misuse of the Customer’s login details for their section on the Portal.
The Customer acknowledges that, although the Controller and the business partners with whom it collaborates make every professional effort when carrying out the Project and individual Slots, the Customer is not guaranteed a profit or the return of any funds invested, as success also depends on factors beyond the control of the Controller or its business partners. The Customer acknowledges that in unfavorable circumstances, they may lose even the entire invested amount. Consequently, the Controller is not liable to the Customer for any damage that may arise from the performance of this contract, unless such damage was caused intentionally or by the gross negligence of the Controller. Under no circumstances is the Controller liable for the Customer’s lost profits. In relation to Customers who are consumers within the meaning of the relevant provisions of the Civil Code, the waiver of liability for damages applies only to the extent that it does not conflict with Section 1814(a) of the Civil Code.
The Customer acknowledges that misuse of access credentials by any means is prohibited, in particular any misuse that could result in unauthorized access to the Portal or any server, computer, or database connected to the Portal, or could threaten or damage the operation, functionality, quality, or integrity of the Portal, or involve obtaining or collecting information about other customers without their consent. If the Controller discovers that any of these prohibitions has been violated, the Controller is entitled to block the Customer’s access to the Portal and withdraw from the contract.
Any information exchanged by the parties during the term of this contract is considered confidential, and the other contracting party is not entitled to use or exploit such information in any way other than for performing agreements relating to the projects, unless released from this obligation of confidentiality by the other contracting party. Each contracting party is responsible for ensuring compliance with this obligation by third parties to whom the confidential information is disclosed in connection with the performance of the contract. This obligation continues even after the contract ceases to be effective. This obligation does not apply in the event of a dispute between the contracting parties being resolved by a court or another competent authority.
Because the legal conditions for the processing of personal data under Article 6(1)(b), (c) of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) have been met, neither the Customer nor any members of their statutory body need to consent to the processing of their personal data. Information on the rights of data subjects arising from the Regulation is published on the website www.xdigr.cz/gdpr.
Based on the relevant legal regulations, in particular Act No. 253/2008 Coll. on certain measures against the legalization of proceeds of crime and financing of terrorism, the Controller is obliged to carry out identification and checks of persons subject to identification obligations, fulfill its information obligations, and for this purpose obtain and process data about such persons, which include the Customer and, in the case of a Customer that is a legal entity, the members of its bodies and its beneficial owner as defined by law. For this purpose, the Controller is entitled to request and the Customer is obliged to provide the identification documents of these persons and other documents and information necessary for proper identification and checks as required by law, in particular (but not limited to) documents and information regarding the source of the Customer’s financial resources. If state authorities block the Controller’s accounts or application, suspend the Controller’s activities, or investigate the Controller due to a Customer who has provided false information, the Customer is obliged to compensate the Controller and all other Customers for any damages caused to them, including costs for legal, accounting, and other professional services.
The Customer is obliged to inform the Controller without undue delay of any change concerning their identification data, as well as any change in facts that may affect the performance of the Contract. In the event of failure to fulfill this obligation, the Customer may face financial loss, including the potential freezing of the account.
Section 558(2) of the Civil Code shall not apply to this contract to the extent that it provides for trade customs to take precedence over any statutory provisions that are not mandatory, nor shall the following provisions of the Civil Code apply: Sections 1740(3), 1748, 1765–1766, 1793–1795, 1799, 1800, 1899, 1971, 1987(2), and 2050. The Controller and the Customer declare that neither considers itself to be the weaker contracting party. The Customer may not assign any rights or claims arising from this contract without the prior written consent of the Controller. The Controller is entitled to assign the Contract or parts thereof, as well as the rights, obligations, and claims against the Customer arising from this Contract, to a third party, and the Customer expressly agrees to this.
The Contract may be terminated
1. by written agreement of the contracting parties on the date specified in such agreement;
2. by notice of termination by either contracting party without stating a reason, with a one-month notice period beginning 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 stipulated in these OP and in cases provided for by the Civil Code or special legal regulations.
Otherwise, the relationships between the contracting parties are governed by the generally binding legal regulations in force in the Czech Republic. The contracting parties have agreed that any disputes arising from or connected with this contract that cannot be resolved amicably shall be heard and decided by the general court of the Controller, as determined by the procedural regulations of the Czech Republic. A Customer who is a consumer within the meaning of the relevant provisions of the Civil Code may, in the event of a dispute, refer to the Financial Arbiter, which is the competent entity for out-of-court settlement of consumer disputes in the financial market; the website of this authorized entity is www.finarbitr.cz.
The Controller is entitled to unilaterally amend these OP. The Controller shall notify the Customer of such changes by delivering notice of the changed conditions to the Customer’s email address. The Customer has the right to refuse such changes and terminate the contract for that reason.
These Terms and Conditions become effective on August 14, 2024.