Terms and Conditions

Welcome to TheXBanky s.r.o. ("thexbank", "Company", "we", "us", or "our").

These Terms and Conditions ("Terms") govern your access to and use of our website, mobile applications, APIs, products, services, and any associated platforms (collectively, the "Services").

By accessing, registering for, or using any of our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.

1. Introduction

1.1 Scope of these Terms

These Terms govern your use of all Services made available by TheXBanky s.r.o., including but not limited to:

• Digital asset exchange services;
• Digital asset transfers;
• Payment-related services;
• Dedicated IBAN services;
• Card services;
• On-ramp and off-ramp services;
• Account management;
• APIs;
• Mobile applications;
• Website functionality; and
• Any additional products or services that may be introduced from time to time.

Certain Services may be subject to additional product-specific terms, policies, disclosures, or agreements, which shall form part of these Terms where applicable.

1.2 Regulatory Status

TheXBanky s.r.o. operates as a Virtual Asset Service Provider ("VASP") in the Czech Republic and complies with applicable legal and regulatory requirements, including Anti-Money Laundering ("AML"), Counter-Terrorist Financing ("CTF"), sanctions regulations, and other applicable European Union and Czech legal requirements.

Certain Services made available through the Platform may be provided by licensed third-party financial institutions, payment institutions, electronic money institutions, card issuers, crypto-asset service providers, or other regulated service providers. Such Services remain subject to the applicable provider's own regulatory authorizations, contractual terms, and operational requirements.

2. Definitions

For the purposes of these Terms:

Account means an account registered with TheXBanky s.r.o. enabling access to the Services.

Client means any individual or legal entity that registers for or uses the Services.

Digital Assets means cryptocurrencies, stablecoins, utility tokens, security tokens (where supported), or any other digital representation of value made available through the Platform.

IBAN Services means dedicated virtual account services made available through licensed financial institutions or payment service providers.

Card Services means payment card products and related services made available through licensed card issuers or other regulated financial institutions.

Licensed Service Provider means any licensed bank, payment institution, electronic money institution, card issuer, crypto-asset service provider, or other regulated financial institution providing services accessible through the Platform.

PEP means a Politically Exposed Person as defined under applicable AML legislation.

AML/CTF means Anti-Money Laundering and Counter-Terrorist Financing laws, regulations, directives, and guidance applicable to TheXBanky s.r.o. and its Licensed Service Providers.

Platform means the website, mobile applications, APIs, and any associated systems operated by or on behalf of TheXBanky s.r.o.

3. Eligibility and Account Registration

3.1 Eligibility

To register an Account and use the Services, you must:

• be at least eighteen (18) years of age;
• have the legal capacity to enter into binding agreements;
• not be subject to any legal or regulatory prohibition preventing you from using the Services; and
• comply with all applicable laws in your country of residence.

Certain jurisdictions may prohibit or restrict access to some or all Services. It is solely your responsibility to ensure that your use of the Services is lawful within your jurisdiction.

3.2 Registration

In order to access certain Services, Clients must create an Account and provide complete, accurate, and up-to-date information.

TheXBanky s.r.o. may require identity verification, proof of address, source of funds information, source of wealth documentation, biometric verification, liveness checks, enhanced due diligence documentation, or any additional information reasonably required to satisfy applicable legal or regulatory obligations.

Failure to provide requested information may result in delayed onboarding, restricted functionality, suspension, or termination of the Account.

3.3 Identity Verification

TheXBanky s.r.o. reserves the right to verify the identity of any Client at any time before or during the use of the Services.

Verification procedures may include electronic verification, documentary verification, biometric verification, sanctions screening, politically exposed person screening, adverse media screening, wallet screening, transaction monitoring, and other compliance measures considered appropriate.

3.4 Account Security

Clients are solely responsible for maintaining the confidentiality of their login credentials, authentication devices, recovery information, and security settings.

Clients must immediately notify TheXBanky s.r.o. if they become aware of:

• unauthorized access;
• suspected compromise of credentials;
• fraudulent activity;
• loss of authentication devices; or
• any other security incident affecting their Account.

TheXBanky s.r.o. shall not be liable for losses arising from a Client's failure to adequately protect Account credentials.

4. Client Obligations

4.1 Accurate Information

Clients agree that all information provided to TheXBanky s.r.o. is accurate, complete, current, and not misleading.

Clients must promptly update any information that becomes inaccurate or outdated.

4.2 Compliance with Applicable Laws

Clients agree to comply with all applicable laws, regulations, sanctions regimes, tax obligations, AML/CTF requirements, and any other legal obligations arising from their use of the Services.

Clients remain solely responsible for determining whether the Services may legally be used within their jurisdiction.

4.3 Prohibited Activities

Clients must not use the Services to:

• engage in money laundering;
• finance terrorism;
• evade sanctions;
• commit fraud;
• engage in market manipulation;
• facilitate illegal gambling;
• conduct ransomware payments;
• exploit software vulnerabilities;
• infringe intellectual property rights;
• conduct unauthorized payment activities;
• engage in deceptive, abusive, or unlawful practices; or
• violate any applicable law or regulation.

TheXBanky s.r.o. reserves the right to suspend, restrict, reject, or terminate access to the Services where prohibited activity is suspected.

4.4 Cooperation with Compliance Requests

Clients agree to provide any information or documentation reasonably requested by TheXBanky s.r.o. or an applicable Licensed Service Provider in connection with AML, CTF, sanctions compliance, fraud prevention, regulatory reporting, transaction monitoring, or legal obligations.

Failure to cooperate may result in delays, restrictions, suspension, or permanent closure of the Account.

5. Services and Transactions

5.1 Scope of Services

TheXBanky s.r.o. provides a technology platform through which Clients may access a range of financial and digital asset-related Services, including but not limited to digital asset exchange, transfers, payment-related services, Dedicated IBAN Services, Card Services, on-ramp and off-ramp services, account management, and any other services made available through the Platform.

Certain Services are provided by one or more Licensed Service Providers, each acting under its own regulatory authorizations, contractual terms, and applicable laws.

The availability of any Service may vary depending on the Client's jurisdiction, verification status, risk assessment, applicable legal requirements, or operational considerations.

5.2 Dedicated IBAN Services

Where available, Clients may obtain dedicated EUR, GBP, USD, AED, or other virtual account details ("Dedicated IBAN Services") through an applicable Licensed Service Provider.

Dedicated IBAN Services are provided by the relevant Licensed Service Provider and remain subject to that provider's own terms and conditions, regulatory requirements, onboarding procedures, compliance obligations, and operational policies.

All fiat funds received through Dedicated IBAN Services are held, safeguarded, administered, and processed solely by the applicable Licensed Service Provider.

TheXBanky s.r.o. does not accept deposits as a bank, payment institution, or electronic money institution and does not hold, safeguard, or control Clients' fiat funds made available through Dedicated IBAN Services.

Where a Client instructs that fiat funds be exchanged into digital assets, such exchange may be performed through the relevant service providers in accordance with applicable laws, regulatory requirements, and operational procedures.

5.3 Card Services

Card Services are issued and provided by the applicable Licensed Service Provider.

The issuance, administration, settlement, authorization, and operation of payment cards remain subject to the applicable Licensed Service Provider's own terms and conditions, regulatory obligations, and operational policies.

All fiat funds associated with Card Services, including card balances, settlement funds, payment processing, and safeguarding of funds, are held and administered solely by the applicable Licensed Service Provider.

TheXBanky s.r.o. does not issue payment cards as a regulated card issuer and does not hold, safeguard, or control Clients' fiat funds associated with Card Services.

Card availability, spending limits, ATM withdrawals, payment functionality, and other card features may be modified, restricted, suspended, or discontinued by the applicable Licensed Service Provider where required for legal, regulatory, fraud prevention, security, or operational reasons.

5.4 Digital Asset Services

Digital Asset Services made available through the Platform may include purchasing, selling, exchanging, transferring, receiving, storing, or otherwise interacting with supported Digital Assets.

Certain Digital Asset Services may be subject to additional eligibility requirements, enhanced verification procedures, jurisdictional restrictions, transaction limits, or additional product-specific terms.

TheXBanky s.r.o. reserves the right to suspend, restrict, delist, or discontinue support for any Digital Asset or related Service at any time where required by law, regulatory guidance, market conditions, operational considerations, liquidity constraints, or security concerns.

5.5 Transaction Limits

Transaction limits may apply to any Service offered through the Platform.

Limits may be determined based on:

• account verification status;
• jurisdiction;
• transaction history;
• source of funds;
• source of wealth;
• risk assessments;
• regulatory requirements;
• fraud prevention measures;
• operational considerations; or
• any other compliance-related factor.

TheXBanky s.r.o. reserves the right to increase, decrease, suspend, or remove transaction limits at its sole discretion where reasonably necessary.

5.6 Transaction Confirmation

Transactions submitted through the Platform may become final and irreversible once processed or confirmed by the applicable systems or service providers.

Clients are solely responsible for verifying all transaction details, including wallet addresses, payment references, account information, beneficiary details, network selections, and transaction amounts before confirming any transaction.

TheXBanky s.r.o. shall not be responsible for losses arising from incorrect instructions provided by the Client.

5.7 Fees and Charges

Clients agree to pay all applicable fees associated with the Services.

Applicable fees may include, without limitation:

• trading fees;
• conversion fees;
• withdrawal fees;
• network fees;
• payment processing fees;
• card-related fees;
• inactivity fees;
• foreign exchange fees;
• premium service fees; and
• any other fees disclosed prior to use of the relevant Service.

Fee schedules may be updated from time to time without prior notice where permitted by applicable law.

6. Risk Disclosure

6.1 Digital Asset Risks

Digital Assets are highly volatile and speculative.

Prices may fluctuate significantly over short periods of time, and Clients may lose some or all of the value of their Digital Assets.

Past performance does not guarantee future results.

TheXBanky s.r.o. does not provide investment advice, portfolio management, financial advice, tax advice, legal advice, or recommendations regarding the purchase, sale, or holding of any Digital Asset.

6.2 Regulatory Risks

Changes in applicable laws, regulations, supervisory guidance, sanctions, licensing requirements, taxation, or governmental policies may affect the availability, legality, pricing, functionality, or operation of certain Services.

TheXBanky s.r.o. shall not be liable for losses resulting from regulatory changes outside its reasonable control.

6.3 Technology Risks

The Services rely upon software systems, blockchain networks, payment infrastructure, telecommunications networks, third-party providers, and internet connectivity.

Interruptions, delays, cyberattacks, forks, software bugs, smart contract vulnerabilities, network congestion, denial-of-service attacks, or infrastructure failures may affect the availability or functionality of the Services.

6.4 Client Responsibility

Clients remain solely responsible for evaluating the suitability of any transaction, Digital Asset, payment, or Service.

Each Client acknowledges that they fully understand the risks associated with digital assets, blockchain technology, payment services, and financial transactions before using the Platform.

7. Anti-Money Laundering and Counter-Terrorist Financing

7.1 Compliance

TheXBanky s.r.o. complies with applicable Anti-Money Laundering, Counter-Terrorist Financing, sanctions, and financial crime legislation.

Clients may be required to complete Know Your Customer ("KYC"), Know Your Business ("KYB"), Enhanced Due Diligence ("EDD"), source of funds verification, source of wealth verification, wallet verification, transaction verification, and any additional compliance procedures deemed necessary.

7.2 Ongoing Monitoring

TheXBanky s.r.o. reserves the right to conduct ongoing monitoring of Accounts, transactions, wallets, payment activity, Digital Asset activity, login activity, device information, IP addresses, and any other relevant information for compliance, fraud prevention, and security purposes.

Monitoring may continue throughout the duration of the Client relationship.

7.3 Suspicious Activity

Where suspicious, unusual, prohibited, fraudulent, sanctioned, or potentially unlawful activity is identified, TheXBanky s.r.o. may, without prior notice where legally permitted:

• request additional documentation;
• suspend transactions;
• delay processing;
• restrict Services;
• freeze Account functionality where legally required;
• terminate the Client relationship; or
• report relevant information to competent authorities or Licensed Service Providers.

7.4 Regulatory Reporting

Where required by applicable law, TheXBanky s.r.o. may report suspicious transactions, suspected criminal activity, sanctions concerns, or other reportable events to the Financial Analytical Office (FAU), law enforcement authorities, financial intelligence units, regulatory authorities, Licensed Service Providers, or other competent authorities.

Clients acknowledge that such disclosures may be made without prior notice where permitted or required by applicable law.

8. Client Data and Privacy

8.1 Data Collection and Processing

By accessing or using the Services, Clients acknowledge and agree that TheXBanky s.r.o. may collect, process, store, verify, and share personal data where necessary to provide the Services, comply with legal and regulatory obligations, prevent fraud, protect the security of the Platform, and manage the Client relationship.

Personal data shall be processed in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), our Privacy Policy, and any other applicable privacy laws.

8.2 Information Collected

TheXBanky s.r.o. may collect information including, but not limited to:

• Identification information;
• Contact information;
• Residential address;
• Government-issued identification documents;
• Biometric verification information;
• Device information;
• IP addresses;
• Login history;
• Wallet addresses;
• Transaction history;
• Payment information;
• Source of funds information;
• Source of wealth information;
• Communications with support;
• Compliance documentation; and
• Any additional information required for regulatory or operational purposes.

8.3 Sharing of Information

TheXBanky s.r.o. may share Client information with:

• Licensed Service Providers;
• Identity verification providers;
• AML and sanctions screening providers;
• Fraud prevention providers;
• Banking partners;
• Card issuers;
• Payment institutions;
• Regulatory authorities;
• Law enforcement authorities;
• Courts;
• Government agencies; and
• Other third parties where required by applicable law or reasonably necessary for the provision of the Services.

Information will only be shared where there is a lawful basis for doing so.

8.4 Data Retention

Client information shall be retained for the period required by applicable law, regulatory obligations, contractual obligations, dispute resolution requirements, fraud prevention purposes, or legitimate business interests.

Where no longer required, information will be securely deleted or anonymized where appropriate.

8.5 Data Security

TheXBanky s.r.o. implements appropriate technical and organizational security measures designed to protect Client information against unauthorized access, alteration, disclosure, misuse, or destruction.

However, no electronic transmission or storage system can be guaranteed to be completely secure, and Clients acknowledge that the use of online services carries inherent security risks.

9. Account Suspension and Termination

9.1 Suspension

TheXBanky s.r.o. reserves the right to suspend, restrict, delay, or refuse access to any Service where it reasonably considers such action necessary, including where:

• regulatory obligations require such action;
• suspicious activity is identified;
• fraud is suspected;
• sanctions concerns arise;
• inaccurate or misleading information has been provided;
• additional verification is required;
• these Terms have been breached;
• security concerns arise; or
• continued provision of the Services may expose TheXBanky s.r.o., its Clients, or its Licensed Service Providers to unacceptable legal, financial, or operational risk.

Suspension may remain in place until the relevant matter has been resolved to the reasonable satisfaction of TheXBanky s.r.o.

9.2 Closure by the Client

Clients may request closure of their Account at any time by contacting customer support.

Before an Account is closed, Clients must:

• satisfy all outstanding obligations;
• complete any pending compliance requests;
• settle outstanding balances where applicable; and
• complete any additional procedures reasonably required under applicable law.

TheXBanky s.r.o. may retain information after Account closure where required by law or legitimate business purposes.

9.3 Closure by TheXBanky s.r.o.

TheXBanky s.r.o. may immediately suspend or terminate any Account where:

• false or misleading information has been provided;
• fraudulent or criminal activity is suspected;
• sanctions restrictions apply;
• regulatory obligations require termination;
• the Client materially breaches these Terms;
• continued provision of the Services presents unacceptable legal, compliance, operational, or reputational risk; or
• the Services become unavailable due to legal or regulatory requirements.

Termination shall not affect any legal rights or obligations that arose prior to termination.

10. Limitation of Liability

10.1 No Warranty

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

TheXBanky s.r.o. makes no representation or warranty, express or implied, regarding:

• uninterrupted availability;
• merchantability;
• fitness for a particular purpose;
• accuracy;
• completeness;
• security;
• compatibility; or
• freedom from errors or defects.

10.2 Limitation of Liability

To the maximum extent permitted by law, TheXBanky s.r.o. shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:

• loss of profits;
• loss of revenue;
• loss of opportunity;
• loss of business;
• loss of goodwill;
• loss of anticipated savings;
• data loss;
• market losses;
• trading losses; or
• losses arising from third-party actions.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

10.3 Third-Party Licensed Service Providers

Certain Services made available through the Platform, including Dedicated IBAN Services and Card Services, are provided by independent Licensed Service Providers.

TheXBanky s.r.o. provides the technology platform through which Clients access these Services.

All fiat funds associated with Dedicated IBAN Services and Card Services are held, safeguarded, and administered solely by the applicable Licensed Service Provider.

TheXBanky s.r.o. does not hold, safeguard, or control Clients' fiat funds associated with Dedicated IBAN Services or Card Services.

Each Licensed Service Provider remains independently responsible for the regulated services it provides, including payment processing, safeguarding of fiat funds, card issuance, settlement, and compliance with applicable regulatory obligations.

TheXBanky s.r.o. shall not be responsible for interruptions, delays, restrictions, suspension, or termination of services resulting from actions, decisions, technical failures, insolvency, regulatory measures, or operational events affecting a Licensed Service Provider, except to the extent required by applicable law.

11. Intellectual Property

11.1 Ownership

All intellectual property rights in and relating to the Platform and the Services, including but not limited to software, source code, object code, APIs, databases, user interfaces, designs, logos, trademarks, service marks, business names, domain names, graphics, text, documentation, content, and any associated materials, are owned by or licensed to TheXBanky s.r.o. and are protected by applicable intellectual property laws.

Nothing in these Terms transfers any ownership rights to the Client.

11.2 Limited Licence

Subject to these Terms, TheXBanky s.r.o. grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for its intended purpose.

Clients may not:

• copy, reproduce, modify, distribute, sell, license, lease, or commercially exploit any part of the Platform;
• reverse engineer, decompile, disassemble, or attempt to derive source code;
• create derivative works;
• remove proprietary notices;
• interfere with security features; or
• use the Platform in any unlawful or unauthorized manner.

11.3 Feedback

Where a Client provides comments, suggestions, ideas, enhancement requests, or other feedback regarding the Services, TheXBanky s.r.o. may use such feedback without restriction, attribution, compensation, or further approval.

12. Miscellaneous

12.1 Amendments

TheXBanky s.r.o. reserves the right to amend, modify, or update these Terms at any time.

Where required by applicable law, Clients will be notified of material changes through the Platform, by email, or by other reasonable means.

Continued use of the Services after the effective date of any updated Terms constitutes acceptance of those updated Terms.

12.2 Force Majeure

TheXBanky s.r.o. shall not be liable for any delay, interruption, suspension, or failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including but not limited to:

• natural disasters;
• fire;
• flood;
• war;
• terrorism;
• civil unrest;
• labour disputes;
• internet outages;
• telecommunications failures;
• cyberattacks;
• blockchain network failures;
• power outages;
• governmental actions;
• regulatory changes;
• sanctions;
• acts or omissions of third-party infrastructure providers; or
• any other force majeure event.

12.3 Assignment

Clients may not assign or transfer any rights or obligations under these Terms without the prior written consent of TheXBanky s.r.o.

TheXBanky s.r.o. may assign, transfer, novate, subcontract, or otherwise delegate any of its rights or obligations under these Terms to an affiliate, successor, purchaser, Licensed Service Provider, or other third party, provided that such assignment complies with applicable law.

12.4 Severability

If any provision of these Terms is determined by a court or competent authority to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid provision shall be interpreted, modified, or replaced to the minimum extent necessary to achieve its intended commercial purpose while remaining legally enforceable.

12.5 No Waiver

Failure or delay by TheXBanky s.r.o. to exercise any right, remedy, or provision under these Terms shall not constitute a waiver of that right.

Any waiver shall only be effective if made expressly in writing.

12.6 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, applicable product-specific terms, disclosures, and any additional agreements expressly incorporated by reference, constitute the entire agreement between the Client and TheXBanky s.r.o. regarding the Services.

They supersede all prior agreements, understandings, communications, and representations relating to the subject matter of these Terms.

12.7 Electronic Communications

Clients agree that communications, disclosures, notices, agreements, and other information may be provided electronically through the Platform, email, mobile application, or other electronic means.

Electronic communications shall have the same legal effect as communications made in writing.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to conflict of law principles.

13.2 Jurisdiction

Unless otherwise required by mandatory consumer protection laws, the courts of the Czech Republic shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or relating to these Terms or the Services.

13.3 Regulatory Cooperation

Nothing in these Terms limits the right of TheXBanky s.r.o. to cooperate with competent regulatory authorities, law enforcement agencies, courts, financial intelligence units, Licensed Service Providers, or other governmental authorities where required or permitted by applicable law.

13.4 Contact Information

For any questions regarding these Terms or the Services, Clients may contact:

By registering for an Account or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.